CITY OF CORNING
CITY COUNCIL
REGULAR MEETING AGENDA
TUESDAY, AUGUST 25, 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 August 11,2026, Closed and Regular City Council Meeting with any necessary corrections.
3. July 2026 Treasurer’s Report
4. Approve appointment of Richard Poisson to fill one of two vacancies on the City’s Airport Commission.
5. Consider waiver of special event permit fee for the annual Homecoming Parade to be held on September 25, 2026.
6. Consider waiver of special event permit fee for a Homecoming event to be held on September 25, 2026.
H. ITEMS REMOVED FROM THE CONSENT AGENDA:
I. PUBLIC HEARINGS AND MEETINGS:
1. Conduit financing for the Salado Orchard Apartments II Project.
J. REGULAR AGENDA:
1. Approve purchase of two new 2026 Police Interceptors from Corning Ford.
2. Ratify the side letter to the Dispatch Bargaining Unit MOU regarding converting up to 50% of unpaid accumulated vacation to cash payment.
3. Award the Airport Engineering and Planning Consultant Services Agreement to LJA Engineering, Inc.
4. Adopt Resolution 08-25-2026-02 authorizing the City Manager to execute the agreement with the FAA for the Airport Infrastructure Grant (AIG), Grant No. 3-06- 0053-015-2026, and all other necessary documents related to this project.
5. Authorize staff to solicit bids for citywide pest control services.
6. Authorize staff to solicit bids for citywide weed control services.
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, August 21, 2026
CITY OF CORNING
CITY COUNCIL
CLOSED SESSION MINUTES
TUESDAY, AUGUST 11, 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, Shelly Hargens
Mayor: Robert Snow
Absent: Lisa Lomeli
C. PUBLIC COMMENTS: No comments
D. REGULAR AGENDA:
1. Conference with labor negotiator pursuant to section 54957.6:
Agency Negotiator: Brant Mesker, City Manager
Management Bargaining Unit, Miscellaneous Bargaining Unit, Public Safety Bargaining Unit, and Dispatch Bargaining Unit.
E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION:
The closed session was adjourned at 5:29pm. Mayor Snow reported that there were no reportable actions.
Item: G-2
CITY OF CORNING
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, AUGUST 11, 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, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
Absent: Lisa Lomeli
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS: None F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR:
Val Cardenas spoke on behalf of two Corning residents regarding their concerns with stray cats.
Mayor Snow re opened public comments at 6:16pm
Corning Resident invited everyone to a town hall meeting with Matt Hansen to discuss the Veteran’s Memorial Hall re-model project.
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 July 14th and July 28th ,2026, Closed and Regular City Council Meeting with any necessary corrections.
3. July 2026 Claim Warrant in the amount of $ 1,393,446.12.
4. July 2026, Business License Report
5. July 2026 Wages & Salaries: $ 521,513.94
6. July 2026 Building Permit Report in the amount of $ 148,573.
7. July 2026 City of Corning Wastewater Operations Summary Report.
Councilor Valerio moved to approve consent items 1-7; Councilor Hargens seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent H. ITEMS REMOVED FROM THE CONSENT AGENDA: None
I. PUBLIC HEARINGS AND MEETINGS:
Item: G-2
1. Proposed Tentative Parcel Map 2026-02, map to split parcel 073-020-076 into two parcels.
Presented by Planner, Christina Meeds. Jerry Martini has applied to subdivide the parcel at APN 073-020-076 on McLane Ave. The Planning Commission voted 4-0 on July 21, 2026, to recommend City Council approval of Tentative Parcel Map 2026-02. The property is designated Residential and zoned R-1-10. The project qualifies for a CEQA exemption as a minor land division, will continue to receive City water and sewer service.
Mayor Snow opened and closed the public hearing at 5:39pm with no comments.
Councilor Demo moved to adopt the 3 factual sub findings and legal findings and 1 condition as presented in the staff report and approve Tentative Parcel Map 2026-02; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent J. REGULAR AGENDA:
1. Authorize staff to seek bids for the Lennox Field Rehabilitation Project.
Presented by Public Works Director, Eli Stanley. Staff proposes rehabilitating the Lennox Field soccer fields due to deteriorated soil conditions and heavy use. The project includes irrigation inspection, topsoil and soil amendments, weed treatment, hydroseeding approximately 100,000 square feet, 60 days of turf maintenance, and a one-year warranty. Corning Youth Soccer has agreed to contribute $10,000 toward the project. The FY 2026–2027 budget includes $105,000 for the rehabilitation. Estimated time frame for the project is from mid-October to February.
Coach Torres advocated to Council on the importance of rehabilitating the soccer fields. The safety of the players is important, and many teams use this field.
Councilor Hargens authorized staff to seek bids and approve the project specifications for the Lennox Soccer Field Rehabilitation Project; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent
2. Approve the agreement with Commercial Pump & Mechanical, for the City of Corning Fripp Well Investigation Project in the amount of $25,587.90.
Presented by Public Works Director, Eli Stanley. The City’s Fripp Well was taken out of service after gravel was discovered in the well, raising concerns about its condition. Commercial Pump & Mechanical provided the lowest responsive quote to conduct an investigation, including pump removal, well brushing, video inspection, caliper logging, and a gyroscopic survey. The investigation will identify the source of the gravel and determine needed repairs or rehabilitation.
The City has budgeted $80,000 for the investigation and subsequent repairs.
Councilor Demo moved to approve agreement with Commercial Pump & Mechanical for the Fripp Well Investigation Project at a cost not to exceed $25,587.90; and authorize the City Manager to execute the agreement; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Item: G-2
Result: Motion was approved by a 4-0 vote with Lomeli absent
3. Approve agreement with Thompson Sealcoating for the EQ Basin crack seal and seal coat at the Corning Wastewater Treatment Plant for $45,500.
Presented by Public Works Director, Eli Stanley. Staff recommends crack sealing and seal coating approximately 47,905 square feet of asphalt at the Corning Wastewater Treatment Plant EQ Basin to prevent further deterioration and extend the pavement’s useful life. Three quotes were received, with Abriso’s Asphalt Services submitting the lowest responsive quote of $45,500. The project is within the $60,000 budget and qualifies for the informal bidding process under CUPCCAA.
Councilor Hargens moved to approve agreement with Thompson Sealcoating for the EQ basin crack seal and seal coat at the Corning Wastewater Treatment Plant for $45,500.00; and authorize the City Manager to execute the agreement; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent
4. Ordinance 718, An Ordinance to amend the cross-connection control.
Presented by Public Works Director, Eli Stanley. Staff recommends updating the City’s Municipal Code requirements for backflow prevention and cross-connection control to comply with the State Water Resources Control Board’s current regulations. The ordinance will strengthen protection of the City’s drinking water system by establishing clear requirements for backflow devices, testing, enforcement, and prevention of contamination.
Councilor Demo moved to introduce Ordinance No. 718 (first reading), an Ordinance of the City Council of the City of Corning amending section 13.08.170 of the Corning Municipal Code to update the cross-connection control municipal code to comply with the CCCPH, and schedule second reading for August 25, 2026, and waive reading of full ordinance and direct City Clerk to read by title only; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent
5. Approve & adopt the updated City of Corning Utility Policy.
Presented by City Manager, Brant Mesker. Staff recommends adoption of a new Utility Policy consolidating procedures for establishing accounts, deposits, payments, delinquent accounts, payment plans, service disconnections, and account closures. The policy incorporates updates resulting from the new Tyler utility billing system and updated water and sewer fee study, including a $100 minimum deposit, updated fees, payment options, and procedures for leaks and delinquent accounts. The policy will provide consistent guidelines for staff and customers.
Councilor Hargens moved approve & adopt the updated City of Corning Utility Policy ; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent Item: G-2
6. Approve a supplemental budget appropriation, purchase of a new server, and authorize the City Manager to execute an agreement.
Presented by City Manager, Brant Mesker. Staff recommends replacing the Corning Police Department’s outdated server, which is over a decade old and has reached the end of its useful life. Computer Logistics provided a quote of $49,942.82, an increase from the previously quoted $28,000 due to price changes. Staff requests a $21,942.82 General Fund supplemental appropriation to cover the difference, with $28,000 already budgeted for the project.
Councilor Demo moved that City Council determines that this purchase is exempt from the City’s Purchasing Policy per section 3.12.082 A-4 of the Corning Municipal Code; authorize a supplemental appropriation in the amount of $21,942.82 from the general fund; authorize the City Manager to negotiate and sign an agreement with Computer Logistics for the purchase and installation of a new server and equipment; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens
Absent: Lomeli
Abstain/Opposed: None
Result: Motion was approved by a 4-0 vote with Lomeli absent K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION:
M. REPORTS FROM MAYOR AND COUNCIL MEMBERS:
Demo: Attended a Senior Center meeting, and discussed many events they are holding.
Lomeli: Absent
Valerio: Attended the opening day for the Tusker Mesker Memorial Tournament. Also attended a car event at Bartels Giant Burger. La Zacatecana store will be closing, but new business is already lined up to use the space as a broker office. He has also been attending the open gym the Corning Recreation Program holds on Sundays and stated it’s had a good turnout with people coming to play.
Hargens: No meetings, but did thank Pool Manager, Christina Meeds, for a great pool season.
Snow: No meetings.
N. ADJOURNMENT:
Mayor Snow adjourned the meeting at 6:17pm
Item: G-2
Item: G-3
ITEM NO.: G-4
APPROVE APPOINTMENT OF
RICHARD POISSON TO FILL ONE
OF TWO VACANCIES ON THE
CITY’S AIRPORT COMMISSION
August 25, 2026
TO: HONORABLE COUNCILMEMBERS
FROM: RUBI ORDAZ, CITY CLERK
SUMMARY:
The City of Corning received an application from Richard Poisson requesting appointment to the Airport Commission. Mr. Poisson is a resident of the City of Corning and is retired.
BACKGROUND:
Mr. Poisson has previously served on the Airport Commission in the past. He has lived in Corning since 1973 and has owned and operated businesses in the community. He has been a private pilot since 1983 and brings previous experience with the Airport Commission as well as personal aviation experience.
Mr. Poisson's experience and familiarity with the City's airport make him a qualified candidate for appointment to the Airport Commission. His previous service on the Commission provides him with knowledge of the Commission's role and responsibilities, while his experience as a private pilot provides additional perspective on airport operations and aviation-related matters.
In his application, Mr. Poisson indicated that he is seeking the appointment because he believes the Airport Commission needs input regarding upcoming changes. He has indicated that he has reviewed the time and travel commitments associated with serving on the Commission and is able to meet those commitments.
RECOMMENDATION:
MAYOR AND CITY COUNCIL APPOINT RICHARD POISSON TO THE
AIRPORT COMMISSION EFFECTIVE IMMEDIATELY TO FILL THE VACANCY THAT EXPIRES JUNE 30, 2029
ITEM NO: G-5
CONSIDER WAIVER OF SPECIAL
EVENT PERMIT FEE FOR THE
ANNUAL HOMECOMING PARADE TO
BE HELD ON SEPTEMBER 25, 2026
August 25, 2026
TO: HONORABLE MAJOR AND COUCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
Staff received a request from Justine Felton, Principal of Corning Union High School, for City Council to consider approving a waiver of the special event permit fee for the Annual CUHS Homecoming Parade. The Parade is scheduled to take place on September 25, 2026.
Please see the attached letter from CUHS Principal, Justine Felton.
BACKGROUND:
The Homecoming Parade has been a Corning tradition for over 70 years, uniting students, families, and residents in celebration of Cardinal pride. City staff respectfully requests that the Council consider waiving the $241 special event permit fee at the request of the event organizer to preserve this long-standing community tradition.
RECOMMENDATION:
MAYOR AND COUNCIL:
• APPROVE WAIVER OF SPECIAL EVENT PERMIT FEE FOR THE ANNUAL HOMECOMING PARADE TO BE HELD ON SEPTEMBER 25, 2026
ITEM NO: G-6
CONSIDER WAIVER OF SPECIAL
EVENT PERMIT FEE FOR A
HOMECOMING EVENT TO BE HELD
ON SEPTEMBER 25, 2026
August 25, 2026
TO: HONORABLE MAJOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
Staff received a request from Tony Turri of Sweet Swirls Bakery & Deli for the City Council to consider waiving the $241 special event permit fee for a Homecoming event open to the public. The event is intended to celebrate current and former Corning High School students and provide an opportunity for alumni, students, and community members to gather and enjoy the festivities.
BACKGROUND:
This Homecoming event is scheduled for September 25, 2026, from 2:00 p.m. to 12:00 a.m. on 4th Street, from Solano Street to the alley between Solano Street and Yolo Street. The event is intended to be a block party, with participation from adjacent businesses, providing a space for alumni, current students, and community members to gather and enjoy food and entertainment before and after the Homecoming football game.
The event coordinator estimates approximately 150 attendees and has requested the use and temporary closure of the public right-of-way to provide a safe space for the event and attendees.
RECOMMENDATION:
MAYOR AND COUNCIL:
• APPROVE WAIVER OF THE SPECIAL EVENT PERMIT FEE FOR A HOMECOMING EVENT TO BE HELD ON SEPTEMBER 25, 2026
ITEM NO: I-1
CONDUIT FINANCING FOR THE SALADO
ORCHARDS APARTMENTS II PROJECT
AUGUST 25, 2026
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CHRISTINA MEEDS, PLANNER II
BRANT MESKER, CITY MANAGER
SUMMARY
Staff recommends that the City Council conduct a public hearing on August 25, 2026, as required under the Tax and Equity Fiscal Responsibility Act (TEFRA), regarding the proposed issuance of up to $10,000,000 in tax-exempt revenue bonds by the California Municipal Finance Authority (CMFA).
The bonds will be used to finance or refinance the acquisition, construction, improvement, and equipping of a multifamily rental housing project located at 250 Toomes Avenue, Corning, California.
Following the public hearing, staff recommends that the City Council adopt a resolution approving the financing and authorizing the City to become a member of the CMFA.
BACKGROUND
The CMFA assists with tax-exempt bond financing for projects throughout California.
The City must become a CMFA member to facilitate the proposed financing; however, the City will have no financial or repayment obligation for the bonds or project.
Membership is at no cost to the City, does not create City debt, and the City may withdraw from the CMFA in accordance with the agreement.
FISCAL IMPACT
There is no direct cost to the City associated with the CMFA membership or the proposed bond financing. The City is expected to receive a portion of the CMFA's issuance fee as a grant to the City's General Fund, which may be used for any lawful municipal purpose.
RECOMMENDATIONS
MAYOR AND COUNCIL:
• Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”).
• Adopt the resolution approving the issuance of the Bonds by the CMFA for the benefit of Corning Pacific Associates II, LP (the “Borrower”), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following). The resolution will also authorize the Mayor or designee thereof to execute the Joint Exercise of Powers Agreement with the CMFA.
2 NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on August 25, 2026, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the “Code”) will be held with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority (the “Authority”) of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, in an amount not to exceed $10,000,000 (the “Bonds”). The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, construction, improvement and equipping of Salado Orchards Apartments II, a multifamily rental housing project located at 250 Toomes Avenue, Corning, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by Corning Pacific Associates II, LP (the “Borrower”) or a partnership of which Pacific West Communities, Inc. (the “Developer”) or a related person to the Developer is the general partner.
The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower.
The hearing will commence at 5:30 p.m. or as soon thereafter as the matter can be heard, and will be held in the City Council Chambers, City of Corning, 794 Third Street, Corning, California. Interested persons wishing to express their views on the issuance of the Bonds or on the nature and location of the facilities proposed to be financed or refinanced may attend the public hearing or, prior to the time of the hearing, submit written comments.
Additional information concerning the above matter may be obtained from, and written comments should be addressed to, City Clerk, City of Corning, 794 Third Street, Corning, California 96021.
Dated: August, 2026
RESOLUTION NO. 08-25-2026-01
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A
JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY AND APPROVING THE ISSUANCE OF
EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT
BY THE AUTHORITY FOR THE PURPOSE OF FINANCING OR REFINANCING THE
ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN FACILITIES
FOR THE BENEFIT OF CORNING PACIFIC ASSOCIATES II, LP
WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”) have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”) in order to form the California Municipal Finance Authority (the “Authority”), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and
WHEREAS, the City of Corning (the “City”), has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Authority; and
WHEREAS, there is now before this City Council (the “City Council”) the form of the Agreement; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council, with the assistance of its staff, have reviewed said document; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction, acquisition and rehabilitation of capital projects; and
WHEREAS, Corning Pacific Associates II, LP (the “Borrower”) a partnership of which Pacific West Communities, Inc. (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bondsin one or more series from time to time, and at no time to exceed $10,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 250 Toomes Avenue, Corning, California (the “Project”); and
WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Code, requires that an “applicable elected representative” of the governmental unit, the geographic jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, 2 hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and
WHEREAS, the Authority has determined that the City Council is an “applicable elected representative” for purposes of holding such hearing; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and, the requirements of Section 4 of the Agreement; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the Authority’s issuance of the Bonds therefor; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS
FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Section 2. The Agreement is hereby approved and the Mayor or the designee thereof is hereby authorized and directed to execute said document, and the City Clerk or such Clerk’s designee is hereby authorized and directed to attest thereto.
Section 3. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds (a) by the “applicable elected representative” of the governmental unit having jurisdiction over the area in which the Project is located in accordance with Section 147(f) of the Code and; (b) by the City Council in accordance with Section 4 of the Agreement.
Section 4. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.
Section 5. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
Section 6. The executing officers(s), the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, 3 documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.
Section 7. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel:
Ronald E. Lee, Esq.
Jones Hall, LLP
4 West Fourth Avenue, Suite 406
San Mateo, CA 94402
Section 8. This resolution shall take effect immediately upon its passage.
The forgoing Resolution was adopted at a regular meeting of the City Council of the City of Corning held on August 25, 2026, by the following vote:
AYES:
ABSENT:
ABSTAIN:
OPPOSED:
__________________________
Robert Snow, Mayor
ATTEST:
I, Rubi Ordaz, City Clerk of the City of Corning, California, DO HEREBY CERTIFY that the foregoing Resolution (Resolution 08-25-2026-02) 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 25th day of August 2026 by the votes listed above. The above Resolution has not been amended or altered and is in full force and effect on the date stated above. ___________________________
Rubi Ordaz, City Clerk
[SIGNATURE PAGE FOR JPA AGREEMENT]
IN WITNESS WHEREOF, the City of Corning has caused this Agreement to be executed and attested by its duly authorized representatives as of the 25 day of August, 2026.
Member:
CITY OF CORNING
By
Name:
Title:
ATTEST:
__________________________________
Clerk
JOINT EXERCISE OF POWERS AGREEMENT
RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the “Members” and those parties initially executing this Agreement are referred to as the “Initial Members”):
WITNESSETH
WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the “Joint Exercise of Powers Act”), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a “public agency” as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and
WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and
WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and
WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and
WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein “Bonds”), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and
WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and
WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and WHEREAS, by this Agreement, each Member desires to create and establish the “California Municipal Finance Authority” for the purposes set forth herein and to exercise the powers provided herein;
NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows:
Section 1. Purpose.
This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act.
The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth.
Section 2. Term.
This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority’s debts, liabilities and obligastions.
Section 3. Authority.
A. CREATION AND POWERS OF AUTHORITY.
Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “California Municipal Finance Authority” (the “Authority”), and said Authority shall be a public entity separate and apart from the Members. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members.
B. BOARD.
The Authority shall be administered by the Board of Directors (the “Board,” or the “Directors” and each a “Director”) of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the “Foundation”), with each such Director serving in his or her individual capacity as a Director of the Board. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation.
All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director.
Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose.
The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement.
C. OFFICERS; DUTIES; OFFICIAL BONDS.
The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the “Treasurer”) pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board.
Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an “Indenture”) providing for a trustee or other fiscal agent, and except as may otherwise be specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act.
The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000.
The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants.
The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority.
D. MEETINGS OF THE BOARD.
(1) Ralph M. Brown Act.
All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the “Brown Act”).
(2) Regular Meetings.
The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.
(3) Special Meetings.
Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.
(4) Minutes.
The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director.
(5) Quorum.
A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place.
E. RULES AND REGULATIONS.
The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required.
Section 4. Powers.
The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes.
Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member.
The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not.
Section 5. Fiscal Year.
For the purposes of this Agreement, the term “Fiscal Year” shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004.
Section 6. Disposition of Assets.
At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members.
Section 7. Bonds.
From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement.
The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose.
Section 8. Bonds Only Limited and Special Obligations of Authority.
The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment.
No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds.
Section 9. Accounts and Reports.
All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds).
The books and records of the Authority shall be open to inspection at all reasonable times by each Member.
The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination.
The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose.
In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period.
Section 10. Funds.
Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement.
Section 11. Notices.
Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website).
Section 12. Additional Members/Withdrawal of Members.
Qualifying public agencies may be added as parties to this Agreement and become Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member.
Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing.
A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing.
Section 13. Indemnification.
To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.
Section 14. Contributions and Advances.
Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit’s or nonprofit organization's purposes.
Section 15. Immunities.
All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement.
Section 16. Amendments.
Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members.
Section 17. Effectiveness.
This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof.
Section 18. Partial Invalidity.
If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.
Section 19. Successors.
This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members.
Section 20. Miscellaneous.
This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to.
Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld.
This Agreement shall be governed under the laws of the State of California.
This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the City of Corning has caused this Agreement to be executed and attested by its duly authorized representatives as of the ___ day of _____________, 2026.
Member:
CITY OF CORNING
By
Name:
Title:
ATTEST:
By
Name:
Title:
ITEM NO: J-1
APPROVE PURCHASE OF TWO NEW
2026 POLICE INTERCEPTORS FROM
CORNING FORD
August 25, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
EDUARDO CURIEL, CHIEF OF POLICE
SUMMARY:
Due to delays in the vehicle ordering and upfitting process, the Corning Police Department historically cannot receive new vehicles promptly and has a need to replace vehicles in their fleet. City Staff found an opportunity to purchase two new Police Interceptors that are available to be purchased and delivered to Corning Ford. Due to the unique opportunity with vehicles being available, staff recommends the purchase of the two Patrol Vehicles. To expedite acquisition, staff is requesting to waive the bid process subject to the City’s Purchasing Policy Section 3.1.082(A)(6) the equipment being sought should not go out to formal bid because the City's needs will be better met by negotiating prices from a single vendor or following other procedures designed to expeditiously acquire what the City needs at a reasonable price.
The total cost for both 2026 Ford Police Interceptors is $112,323.90, which includes all fees, taxes, and delivery. Upon delivery, staff will coordinate with a contractor to outfit the vehicles with the necessary equipment for fleet integration.
FINANCIAL:
During the budgeting process for fiscal year 2026/2027, staff budgeted $250,000.00 for the purchase of new vehicles and for the vehicles to be upfitted. The budgeted amount is expected to be sufficient for the purchase and upfitting of the two new vehicles.
RECOMMENDATION:
MAYOR AND COUNCIL APPROVE THE:
• CITY COUNCIL DETERMINES THAT THIS PURCHASE IS EXEMPT FROM THE CITY’S PURCHASING POLICY PER SECTION 3.12.082 A-6 OF THE CORNING MUNICIPAL CODE;
• AUTHORIZE THE CITY MANAGER TO SIGN NECESSARY PURCHASING
DOCUMENTS FOR TWO NEW FORD POLICE INTERCEPTORS WITHOUT
GOING OUT FOR FORMAL BID, FOR A TOTAL COST OF $112,323.90 .
ATTACHED:
• Corning Ford Quote
• Purchase Order for Two (2) 2026 Ford Police Interceptors
ITEM NO.: J-2
RATIFY THE SIDE LETTER TO THE
DISPATCH BARGANING UNIT
MEMORANDUM OF UNDERSTANDING
(MOU) REGARDING CONVERTING UP
TO 50% OF UNPAID ACCUMULATED
VACATION TO CASH PAYMENT
August 25, 2026
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER
SUMMARY:
The Side Letter amends Article 22 (Vacation) of the Dispatcher Memorandum of Understanding to clarify the option of converting up to fifty percent (50%) of unpaid accumulated vacation to cash payment in lieu of taking vacation.
Following negotiations and the approval and signatures formalizing the MOU, a clerical error was found which would limit the option of converting up to twenty-five percent (25%) of unpaid accumulated vacation to cash payment in lieu of taking vacation.
The City and the Bargaining unit both recognized the error and are seeking to ratify the side letter language to allow the option of converting up to fifty percent (50%) of unpaid accumulated vacation to cash payment in lieu of taking vacation.
The side letter language also allows any Employee that elected to receive a cash disbursement under this provision between February 1, 2026 and the date this side letter is executed, and were limited to twenty-five percent (25%) may make a further conversion of 25% totaling the 50% authorized.
RECOMMENDATION:
MAYOR AND COUNCIL APPROVE:
• THE CITY OF CORNING DISPATCH UNIT SIDELETTER AGREEMENT CONVERTING UP TO 50% OF UNPAID ACCUMULATED VACATION TO CASH
PAYMENT
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 DISPATCH EMPLOYEES
REGARDING CONVERTING UP TO 50% OF UNPAID ACCUMULATED VACATION TO
CASH PAYMENT
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 Dispatch Employees (“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 22, “VACATION.” Section 22.2 will be amended as follows:
22.2. The Employee shall have the option of converting up to fifty percent (50%) of unpaid accumulated vacation to cash payment in lieu of taking vacation. The Employee may exercise the payoff option only one-time (1) per fiscal year with five (5) working days’ notice to payroll.
Any Employee that elected to receive a cash disbursement under this provision between February 1, 2026 and the date this side letter is executed, and were limited to twenty-five percent (25%) may make a further conversion of 25% totaling the 50% authorized under this section.
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 Dispatch Employees 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 25th day of August, 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 DISPATCH EMPLOYEES
____________________________
Lacey Hudson, Union Representative
____________________________
Daymon Schlereth, Union Representative
ITEM NO.: J-3
AWARD THE AIRPORT ENGINEERING
AND PLANNING CONSULTANT SERVICES
AGREEMENT TO LJA ENGINEERING, INC.
AUGUST 25, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
As a condition of eligibility for the FAA’s Airport Improvement Program (AIP) funding, airport sponsors are required to have an airport consultant under contract that is selected through a qualifications-based process consistent with FAA Advisory Circular 150/5100-14E.
On August 12, 2026, staff received two Statements of Qualifications (SOQs) by the deadline for both the Planning and Engineering Consultant services. Staff then reviewed and ranked each proposal based on the evaluation criteria outlined in the RFQ. The committee’s rankings were as follows:
1. LJA Engineering, Inc.
2. Lochner, Egis Group, Inc.
Following the evaluation process, the staff recommends contracting with LJA Engineering, Inc. for both the Airport Engineering and Planning Consultant Services.
BACKGROUND:
At the July 14 Council meeting, City Council authorized staff to solicit proposals for five-year Airport Engineering and Planning Services. Staff subsequently issued two separate Requests for Qualifications (RFQs), one for Engineering Services and one for Planning Services. The selected consultants will assist the City with future airport improvements and planning, ensuring proposed projects remain consistent with the Airport Master Plan and Airport Layout Plan (ALP) prepared in 2025.
Engineering services will include design, engineering, and construction support for Runway Safety Area (RSA) improvements, airfield lighting rehabilitation, Runway 17/35 rehabilitation, Exhibit A updates, and development of the Airport Capital Improvement Plan.
Planning services will include airport planning, environmental review, capital improvement and financial planning, grant administration and FAA coordination, GIS and airspace analysis, as well as assistance with public outreach and regulatory compliance.
FISCAL IMPACT:
No fiscal impact at this time. Consulting service fees are to be negotiated as Task Order based fees for projects funded under the FAA’s Airport Improvement Program (AIP). The proposed service fees are then submitted for an Independent Fee Estimate by a third party and are partially reimbursable through the grant process. Federal funding of individual Citysponsored AIP projects provides 90-95% of total project costs, with the balance obligated by City and State funds.
RECOMMENDATION:
MAYOR AND COUNCIL:
• AWARD THE PROFESSIONAL AIRPORT ENGINEERING AND PLANNING CONSULTANT SERVICES AGREEMENT TO LJA ENGINEERING, INC.; AND • AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR A DURATION OF THREE (3) YEARS WITH A CITY OPTION OF UP TO TWO (2) ADDITIONAL ONE-YEAR EXTENSIONS.
ITEM NO: J-4
ADOPT RESOLUTION 08-25-2026-02
AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT WITH THE
FAA FOR THE AIRPORT
INFRASTRUCTURE GRANT (AIG),
GRANT NO. 3-06-0053-015-2026, AND
ALL OTHER NECESSARY DOCUMENTS
RELATED TO THIS PROJECT.
AUGUST 25, 2026
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
BACKGROUND:
On August 18, 2026, Staff was notified that the FAA had approved AIG Grant No. 3-06- 0053-015-2026 and would be forwarding a grant agreement to the City. The agreement was received by Staff on August 20, 2026, with instructions that it be executed and returned to the FAA by September 4, 2026, to avoid loss of funding.
DISCUSSION:
The grant agreement provides federal funding in the amount of $156,750 for the design of Runway 17/35 Runway Safety Area (RSA) Improvements. Authorization of the City Manager’s execution of the FAA grant agreement ensures compliance with FAA requirements and allows the City to receive reimbursement for eligible project costs.
FINANCIAL:
The project will be funded 95% through the FAA Airport Improvement Program (AIP), with the City responsible for the remaining 5% local match. The local match was not allocated during the Fiscal Year 2026/27 budgeting process. At the time a contract is executed staff will request an allocation for the City 5% match.
RECOMMENDATION:
• ADOPT RESOLUTION 08-25-2026-02 AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT WITH THE FAA FOR THE AIRPORT
INFRASTRUCTURE GRANT (AIG), GRANT NO. 3-06-0053-015-2026; AND RESOLUTION 08-25-2026-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORNING
AUTHORIZING BRANT MESKER, THE CITY MANAGER, TO EXECUTE
AND SUBMIT GRANT NO. 3-06-0053-015-2026 FOR THE CORNING MUNICIPAL
AIRPORT ON BEHALF OF THE CORNING CITY COUNCIL
WHEREAS, the City of Corning desires to participate in the Grant administered by the U.S.
Department of Transportation Federal Aviation Administration hereafter referred to as the FAA; and
WHEREAS, the Grant funds received hereunder shall be used to develop, design and construct the Corning Municipal Airport Fence Project.
WHEREAS, the City of Corning agrees to abide by the terms and conditions of the Grant Agreement as set forth by the FAA.
BE IT FURTHER RESOLVED, Brant Mesker, the City Manager, is authorized on behalf of the Corning City Council to submit the grant proposal for this funding and sign the Grant Agreement with the Federal Aviation Administration, including any amendments thereof.
The forgoing Resolution was adopted at a regular meeting of the City Council of the City of Corning held on August 25, 2026, by the following vote:
AYES:
ABSENT:
ABSTAIN:
OPPOSED:
__________________________
Robert Snow, Mayor
ATTEST:
I, Rubi Ordaz, City Clerk of the City of Corning, California, DO HEREBY CERTIFY that the foregoing Resolution (Resolution 08-25-2026-01) 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 25th day of August 2026 by the votes listed above. The above Resolution has not been amended or altered and is in full force and effect on the date stated above. ___________________________
Rubi Ordaz, City Clerk
ITEM NO.: J-5
AUTHORIZE STAFF TO SOLICIT BIDS
FOR CITYWIDE PEST CONTROL
SERVICES
AUGUST 25, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
Staff is seeking City Council approval of the specifications and authorization to solicit bids for a three-year pest control services contract for all City buildings, parks, and well sites. The contract term will be from December 1, 2026, through November 30, 2029, with services provided on a bi-weekly basis. Project specifications are attached for Council’s review.
Following receipt and evaluation of bids, Staff will return to City Council with a recommendation for contract award.
BACKGROUND:
On November 14, 2024, City Council awarded a three-year pest control services contract to Hunter’s Pest Control. The current contract expires on November 27, 2026.
RECOMMENDATION:
MAYOR AND COUNCIL:
• APPROVE THE SPECIFICATIONS AND AUTHORIZE STAFF TO SOLICIT BIDS FOR CITYWIDE PEST CONTROL SERVICES.
BID PACKET
CITY OF CORNING
CITY OF CORNING
PEST CONTROL SERVICES
3 YR CONTRACT
BIDS DUE ON OR BEFORE:
2:00 P.M.
6 , OCTOBER 2026
CONTENTS TOTAL PAGES
NOTICE TO CONTRACTORS....................................................................................................1 PROJECT DESCRIPTION..........................................................................................................1 BIDDING REQUIREMENT SUMMARY.......................................................................................1 PROPOSAL BID FORMS ...........................................................................................................6 NON COLLUSION AFFIDAVIT ...................................................................................................1 BIDDERS BOND.........................................................................................................................3 AGREEMENT .............................................................................................................................5 PERFORMANCE BOND.............................................................................................................3 LABOR AND MATERIAL PAYMENT BOND ...............................................................................3 SUPPLEMENTARY CONDITIONS .............................................................................................5 SPECIFICATIONS......................................................................................................................2
NOTICE TO CONTRACTORS
NOTICE IS HEREBY GIVEN that City of Corning, will receive bids for the CITY OF CORNING PEST CONTROL SERVICES.
Bids shall be submitted on forms included in the Bid Packet. Copies of the Bid Packet and the drawings may be obtained from the City website at www.corning.org.
Copies are on file and open to public inspection at City Hall at 794 Third Street, Corning, CA 96021.
Bids must be received at City Hall, 794 Third Street, Corning, CA 96021 not later than 2:00 P.M. on October 6, 2026, at which time the Project Coordinator will open said bids. Bids shall be submitted in sealed envelopes and marked in the upper left-hand corner, “CITY OF CORNING PEST CONTROL SERVICES”, together with the name and address of the bidder. The bids will be opened and read publicly and bidders or their agents are invited to be present.
Any request for explanation or interpretation of the Bid Documents must be made in writing not later than 5:00 p.m. on Friday, September 18
th
, 2026. All requests shall be made by email to
[email protected] with a subject line of CITY OF CORNING PEST CONTROL SERVICES.
Any explanation or interpretation will be made in the form of Addenda to the Contract Documents.
All Addenda will be uploaded to Publicpurchase.com and to the City of Corning website at www.corning.org. It will be the bidder’s responsibility to verify that they have received all Addenda’s.
Bidders shall submit signed copies of all Addenda with their Proposals. Oral explanations and interpretations will not be binding.
There will be a non-mandatory pre-bid walk-through on Tuesday, September 15, at 1:30 p.m., on site, at 794 Third St, Corning, CA 96021.
Pursuant to Section 1770 and following 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 or wage rates pertaining to the general prevailing wage should be directed to the Division of Labor Statistics and Research, P.O. Box 420603, San Francisco, CA 94142-0603 or http://www.dir.ca.gov/DLSR/PWD/TEH.xls Bid bond, labor and material bond and performance bonds are required. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bidding. Each bidder must be appropriately licensed in the State of California and registered with the Department of Industrial Relations for this project as required by law.
PURCHASING AGENT, BRANT MESKER
By: CITY MANAGER
Publish in the Red Bluff Daily News on August 28 and September 4, 2026. Send proof of publication and invoice to: City Hall, 794 Third Street, Corning, CA 96021. Prior to publication, please email proof to [email protected]
PROJECT DESCRIPTION
CITY OF CORNING PEST CONTROL SERVICES
The City is seeking a qualified contractor to provide Pest and grass control services at designated City properties under a three-year contract. Services will include an initial treatment upon award, followed by bi-weekly applications or as needed to maintain effective vegetation control throughout the contract term. Pre-emergent and post-emergent herbicides shall be applied year-round in accordance with the contract specifications.
This is only a summary. See entire project documents for full scope of the project.
Bidding Requirement Summary
BIDDING REQUIREMENT SUMMARY
1. PROJECT TITLE: CITY OF CORNING PEST CONTROL
SERVICES
2. PROJECT LOCATION: Corning, CA 96021
3. BID OPENING DATE: October 6, 2026 at 2:00 p.m.
4. BID PLACE: City Hall, 794 Third Street, Corning, CA 96021
5. NON-MANDATORY PRE-BID MEETING
PLACE:
Tuesday, September 15, at 1:30 p.m.
794 Third St, Corning, CA
6. BID SECURITY: 10% of maximum amount of bid
7. CONSTRUCTION TIME PERIOD: 3 Year Contract
Term: December 1, 2026, to November 30, 2029
8. LICENSE REQUIREMENTS: QAL
9. LABOR AND MATERIALS PAYMENT
BOND:
100% of the total bid
10. PERFORMANCE BOND: 100% of the total bid
11. PREVAILING WAGE RATES: Yes
12. BID VALID FOR: 60 days
13. NON-REFUNDABLE DEPOSIT FOR
CONTRACT DOCUMENTS:
N/A
14. ISSUED CONSTRUCTION
DOCUMENTS:
Publicpurchase.com
Corning.org
PROPOSAL BID FORMS
CITY OF CORNING
City of Corning
Corning, CA
The undersigned bidder, in accordance with the Notice to Contractors, hereby proposes and agrees to furnish any and all services necessary to perform all Work required by the Contract Documents for the:
CITY OF CORNING PEST CONTROL SERVICES
including, but not limited to, furnishing all required labor, materials, taxes, permits, insurance, bonds, transportation, scaffolding, equipment, facilities, utilities, and incidentals.
If awarded the Contract, the undersigned hereby agrees that within ten (10) working days after receipt of the Contract from the City, he will sign the Contract in the required form, of which the Notice to Contractors, Proposal, Bid Forms, Bonds, General and Supplementary Conditions, Drawings, Specifications, and all Addenda issued prior to the opening of bids, are a part.
The undersigned declares that he has carefully checked all of the figures submitted on the Bid Proposal and understands that the City will not be responsible for errors or omissions on the part of the undersigned in making up this bid.
Bidder hereby certifies that the Bidder has reviewed and understands the insurance coverage requirements and bonding requirements, as specified in the General Conditions, Article 5 – Bonds and Insurance. Should the Bidder be awarded the contract for the work, Bidder further certifies that the Bidder can meet the specified requirements for bonding and insurance, including insurance coverage of the subcontractors, and agrees to name the City of Corning, its elected officials, officers, and employees as additional insured for the work specified. The undersigned agrees to secure the required insurance and bonds and submit them prior to or concurrent with the return of the signed Contract.
Accompanying this proposal is a "Cashier’s Check", "Certified Check" or "Bidder’s Bond", as the case may be, in an amount equal to at least ten percent (10%) of the total of the bid.
Name (print) Representing (Firm)
Signature
Title
Taxpayer I.D. No.
Business Address
Contractor’s License No.
Department of Industrial Relations (DIR) Registration No.
Receipt of the following Addenda is hereby acknowledged:
Addendum No. Bidder’s Initials
Addendum No. Bidder’s Initials
Addendum No. Bidder’s Initials
PROPOSAL FOR
CITY OF CORNING PEST CONTROL SERVICES
The undersigned bidder hereby proposes and agrees to furnish any and all services necessary to perform all Work required by the Contract Documents:
Bid:
Furnish all labor, materials, taxes, insurance, bonds, transportation, equipment, facilities, utilities, and incidentals for the “City of Corning Pest Control Services” for the sum as listed below.
BID AMOUNT:
Dollars/ per year
(written numbers)
$
(figures)
It is agreed that the service to be provided under this proposal will be for a three-year contract period.
The City of Corning reserves the right to reject any and all proposals submitted or to waive any irregularity. In the event of identical proposals, the City of Corning will be the sole judge of which Company to receive the proposal.
Bidder
Date
Note: Pursuant to Corning Municipal Code Section 3.12.092, the City may apply a five percent (5%) local vendor preference for purposes of bid comparison when determining the lowest responsible bidder. The preference is used for evaluation purposes only, shall not exceed a maximum value of one hundred fifty thousand dollars ($150,000), and does not reduce the actual contract amount awarded.
CITY OF CORNING PEST CONTROL SERVICES
LIST OF SUBCONTRACTORS
Pursuant to Public Contract Code 4104, the undersigned bidder shall list the name and location of business of each Subcontractor who will perform work, labor or service to the bidder under this Contract in excess of one-half of one percent (1/2%) of the total amount shown in the bid, and shall also list the item or portions of the Work which will be done by such Subcontractor for any item or portion of Work to be performed.
LIST OF SUBCONTRACTORS:
All blanks below must be completed for each subcontractor. Failure to do so may cause your bid to be declared nonresponsive:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor:
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
No Contractor may perform work on a public works project with a Subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
CITY OF CORNING PEST CONTROL SERVICES
INFORMATION REQUIRED OF BIDDERS
The bidder is required to supply the following information.
1. Firm Name
2. Representative
3. Title
4. Business Address
6. Telephone Cell # Fax #
7. Email Address
8. California Contractors License(s):
No(s). Type(s)
9. California Department of Industrial Relations Registration No.
City of Corning
NON-COLLUSION
AFFIDAVIT CITY OF
CORNING
TO BE EXECUTED BY THE BIDDER AND SUBMITTED WITH THE BID To: City of Corning
State of
California
deposes and says that he or she is (title) of
, the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true and further, that the bidder has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. (The above certificate must be signed and filed with the City along with the bid) Signed Date
BIDDER'S BOND
(Public Contract)
KNOW ALL MEN BY THESE PRESENTS: That as Principal (herein called "Principal") and as surety _(hereinafter called "Surety" are held and
firmly bound unto the City of Corning (herein called the "Obligee"), in the just and full sum of ten percent (10%) of the total amount of the base bid submitted by Principal for the herein described work of improvement, which sum is Dollars ($ _) lawful money of the United
States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents.
WHEREAS, Principal is bidding, or is about to bid, for the following described work of improvement, all in accordance with the Notice to Contractors and the Contract Documents for the project entitled:
CITY OF CORNING PEST CONTROL SERVICES
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH THAT, if Obligee shall make an award to Principal for said work of improvement according to the terms of such bid, and Principal shall duly execute, or cause to be executed, and delivered to Obligee the Contract, bonds, and evidence of insurance coverage as, and within the time, required by the Contract Documents for the above-named project, which Contract Documents are incorporated herein by this reference, then this obligation shall be null and void; OTHERWISE, it shall remain in full force and effect, and if Obligee shall make such an award to Principal and Principal shall fail to execute, or caused to be executed and delivered to Obligee said instruments as required by the Contract Documents, then surety will pay Obligee the full sum of the bond.
No extension of time granted to the Principal and no change or alteration in any of the terms of the bid or bid requirement, whether made after notice or not, shall release or otherwise affect the obligations of Surety hereunder, and Surety waives notice of any such extension, change, or alteration. Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by Principal with proper authority, and Surety hereby waives any defense which it might have by reason of any failure of Principal to execute or properly execute this bond.
In the event suit is brought upon this bond by Obligee and judgment is recovered by Obligee, court costs, including reasonable attorneys' fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.
Signed and sealed the day of , 20 .
PRINCIPAL (Notary Certificate Attached) SURETY (Notary Certificate Attached) NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact.
NOTARY ACKNOWLEDGMENT
STATE OF )
CITY OF )
On , before me, , a Notary Public in
Name of Notary Public
and for said State, personally appeared ,
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
NOTARY ACKNOWLEDGMENT
STATE OF )
CITY OF )
On , before me, , a Notary Public in
Name of Notary Public
and for said State, personally appeared ,
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
AGREEMENT FORM
THIS AGREEMENT, entered into as of , 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 , (hereinafter
called the "Contractor"),
WHEREAS, the Contractor has been awarded the contract for the work hereafter mentioned:
“City of Corning Pest Control Services”
WITNESSETH:
That the parties hereto mutually agree to the terms and conditions hereinafter set forth.
1. CONTRACTOR’S OBLIGATION:
a. Contractor shall, on a bi-weekly basis with touch-up services at the City’s request, safely supply Pest control at specified City properties. Such application shall be done safely and in a workmanlike manner with the materials approved and as indicated herein. Locations and types of Pest control services are as described on EXHIBIT “A” attached hereto and incorporated by this reference. The City reserves unto itself the right to reject any or all performance hereunder and to require touchup and/or follow-up services to the City’s satisfaction, and without further compensation.
b. All chemicals used shall be of the following types and rate of mixture:
PER LABEL INSTRUCTIONS
c. Contractor shall, during the term of this Contract, maintain a valid City of Corning Business License.
d. Contractor must, at all times during the term of this contract, be a qualified applicator licensed in the following categories throughout the term of this agreement: Residential, Industrial, Institutional, Right-of-Way, Plant Agriculture, Pest Control and Aquatic.
2. COMPENSATION / TERM
a. For those services as outlined in Specifications - Pest Control Services hereto the City shall pay to Contractor the sum of $ per year paid in 12 equal monthly installments of $ per month. This contract shall run for a period of three years, through November 30, 2029, unless sooner terminated under Section 3.
b. City will pay Contractor, in equal amounts, on a monthly basis at the beginning of each month for the work performed the preceding month.
However, should performance not be satisfactory as determined by the Public Works Director, as hereinafter specified, the City may retain and use such funds as the Public Works Director deems appropriate for purposes of insuring proper performance and/or hiring other chemical spraying companies to complete to the City’s satisfaction the contract.
3. TERMINATION:
Should contractor fail to perform satisfactorily during any one of the three contract years as herein set forth, City reserves to itself the right to cancel any remaining portion of said contract upon thirty days written notice to Contractor, by notice in writing provided to Contractor at his usual place of business. Should Contractor breach any of the terms and conditions of this contract, or violate any laws, especially those relative to the utilization of hazardous materials, Pest control chemicals or
similar chemicals, mixtures or materials, the City reserves unto itself the right to direct Contractor to immediately cease performance and then terminate this contract thereafter, upon thirty days written notice, and pay contractor such amounts as he may then be entitled to on a pro-rata basis (pro-rated according to amount of work satisfactorily completed).
4. PAYMENTS:
The acceptance of the final payment by the Contractor shall constitute a waiver of all claims by him.
5. SUSPENSION OF WORK:
The Public Works Director shall have authority to suspend the work wholly or in part for such period as he may deem necessary to investigate complaints regarding improper or unsafe use of chemicals or herbicides.
6. AUTHORITY OF DIRECTOR OF PUBLIC WORKS:
The Public Works Director shall be the City’s representative in deciding any and all questions that may arise as to the quality or acceptability of the work performed, all questions that arise as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensation. The City Manager also is authorized to act as the City’s representative at any time with respect to this agreement. Contractor is an independent contractor; therefore, the City will not be supervising the work performed or directing Contractor how to do his work but will be expecting the Contractor to perform all work agreed upon in a safe and professional manner according to the terms of this agreement.
7. LAWS TO BE OBSERVED:
The Contractor shall keep himself fully informed of all State, Federal and Municipal Ordinances and/or regulations of the City of Corning which in any manner affect those engaged in or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
Contractor must comply with all provisions of the Immigration Reform and Control Act and of the California Labor Code which includes the requirements of the prevailing wage laws and the obligation to register with the Department of Industrial Relations.
8. LABOR DISCRIMINATION:
No discrimination shall be made in the employment of persons in this project because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons. Violation of this section shall subject Contractor to penalties referenced in Section 1735 of the Labor Code.
9. RESPONSIBILITY FOR DAMAGES:
Neither the City of Corning, the City Council, nor the City Staff, shall be responsible or accountable in any manner for any loss or damage that may happen during the work or any part thereof; or for any materials or equipment used in performing the work; or for injury or damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause whatsoever.
10. LIABILITY INSURANCE:
The Contractor shall secure and maintain in full force and effect, during the term of this agreement and for one year thereafter, a valid comprehensive public liability and property damage insurance policy listing the City as additional insured in the following amounts:
a. $1,000,000.00 for death or injury to any person arising out of any incident or accident;
b. $50,000.00 for property damage arising out of any one incident or accident.
11. WORKMAN’S COMPENSATION INSURANCE:
Contractor at all times shall keep fully insured, at his own expense, all persons employed by him in connection with this Agreement as required by Workman’s Compensation and Insurance (California Labor Code Section 3200 et seq.), and shall hold the City free and harmless from all liabilities that may arise by reason of the injuries to any of the employees of the Contractor who are injured while performing at work any labor necessary to carry out the provisions of this agreement.
12. CERTIFICATION OF INSURANCE AND CANCELLATION THEREOF:
The Contractor shall keep on file with the City a Certificate of Insurance duly executed by the Contractor’s insurance carrier or carriers, which shall serve as evidence of the continued existence of said insurance policies. The Contractor’s insurance carriers shall be required to give the City thirty (30) days written notice prior to the cancellation of the Contractor’s Insurance.
13. INDEMNITY, DEFENSE AND HOLD HARMLESS:
The Contractor shall indemnify, defend and save harmless the City of Corning, the City Council, and the City Staff from any suits, claims, liability, loss, damages, fines, penalties, settlements or actions brought by any person or entity for, or on account of, any injuries or damage arising from, or related to in any way, the work performed, or not performed, as set forth in this contract no matter how removed. The City may retain so much of the money due the Contractor as shall be considered necessary until disposition has been made of such suits or claims for damages as aforesaid.
Any defense obligation arising from this contract requires retention of qualified legal counsel of no less than five years of experience in the area of contract litigation.
14. ACCIDENTS:
The Contractor shall provide at the site of the project such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work.
The Contractor must promptly report in writing to the city all accidents whatsoever arising out of, or in connection with the performance of the work, whether on or adjacent to the job site, which caused death, personal injury, or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported to the City immediately by telephone or messenger.
15. SAFETY:
In accordance with generally accepted practices, the Contractor will be solely and completely responsible for the conditions of the job site(s), including safety of all persons and property during the performance of the work. This requirement will apply continuously and not be limited to normal working hours.
16. CONTRACTOR AGREEMENT:
Contractor agrees to perform the services between the hours of 5:00 a.m., and 10:00 p.m., on any day. Such application as set forth in Specifications - Pest Control Services hereto, shall be made at a time when there is less than 5 miles per hour wind.
17. RENEWAL OF CONTRACT:
Upon agreement of both parties and satisfaction of any legal requirements to solicit other bids, this contract may be extended from year to year or for an additional term of years upon such terms as are acceptable to both City and Contractor.
18. NON-EMPLOYEE STATUS:
Contractor agrees and affirms that nothing in this agreement causes or creates an employer/employee relationship between City and Contractor.
19. 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 Supplementary Conditions; (3) the Notice to Contractors; (4) the Technical Specifications text.
CERTIFICATION
CITY:
BY:
City Manager
CONTRACTOR
BY:
Contractor
Approved as to form:
DATED
DATED
City Counsel
Performance Bond
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: That, WHEREAS, the CITY OF CORNING (hereinafter called “City”), has conditionally awarded to (here insert full name and address or legal title of Contractor)
As Principal (hereinafter called “Contractor”) a Contract for the CITY OF CORNING PEST CONTROL SERVICES, in the said City of Corning, in accordance with and consisting in part of plans and specifications prepared by the City of Corning, at 794 Third Street, Corning, CA 96021 which Contract also consists of all other parts of the Contract Documents for said project, which Contract is made a part hereof by reference, and is hereinafter referred to as the Contract, and WHEREAS said Contractor is required under the terms of said Contract to furnish a bond for the Faithful Performance of said Contract,
NOW, THEREFORE, we the Contractor and (here insert full name and address or legal title of Surety)
as Surety (hereinafter called “Surety”) are held and firmly bound unto City of Corning, California (hereinafter called “City”) in the sum of
Dollars ($ ), in
lawful money of the United States, for the payment of which sum well and truly to be made Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, unless the above bounden Contractor, his heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and will and truly keep and perform the covenants, conditions and agreements in additions or alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, Architect and their employees and their consultants, and their agents, as therein stipulated, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Contractor agrees not to assign this Contract except upon the written consent and approval of the City or their successor and assigns.
And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.
Performance Bond
The Principal and Surety do hereby represent, warranty and guarantee, that the Surety is an “Admitted surety” as that term is, or may be, defined by California statute, regulation or the Department of Insurance.
IN WITNESS THEREOF, the above bounden parties have executed this instrument under their several seals this day of , 20 ,
the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representatives, pursuant to its governing body.
SIGNED AND SEALED THIS day of , 20 .
Print name of Contractor
By
Signature
Title of Signer
Surety Name
By Attorney-in-Fact
(Acknowledgment by Notary Public required)
Title
(SURETY SEAL)
NOTE TO SURETY COMPANY:
The following form of acknowledgment shall be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact for each bond issued.
Performance Bond
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
CITY OF CORNING) )
On , before me, , a
Name of Notary Public
Notary Public in and for said State, personally appeared , Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Labor and Material Payment Bond
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the CITY of CORNING has awarded to (here insert the full name and address or legal title of Contractor)
hereinafter called “Contractor” a Contract for the CITY OF CORNING PEST CONTROL SERVICESin the said City of Corning, in accordance with and consisting in part of plans and specifications prepared by the City of Corning, which Contract also consists of all other parts of the Contract Documents for said project, which Contract is made a part hereof by reference, and is hereinafter referred to as the Contract, and WHEREAS said Contractor is required under the terms of said Contract to furnish a bond in connection with said contract, providing that if said Contractor, or any of his subcontractors, shall fail to pay for any materials, provisions, pro vendor or other supplies, or equipment used, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, then the Surety on this Bond will pay for the same in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought upon the Bond, a reasonable attorney’s fee to be fixed by the Court.
NOW, THEREFORE, we the Contractor and (here insert full name and address or legal title of Surety)
as Surety (hereinafter called “Surety”) are held and firmly bound unto the City of Corning, California (hereinafter called “City”) in the sum of Dollars ($ ), in lawful
money of the United States, for the payment of which sum, well and truly to be made, Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, his heirs, executors, administrators, successors or assigns, or his subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or shall fail to pay any other amount due to any person named in Section 9100 of the Civil Code, or shall fail to pay any amounts due under the Unemployment Insurance Act with respect to such work or labor performed by any such person, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his/her subcontractors pursuant to Section 18664 of the Revenue and Taxation Code, with respect to such work and labor, then the Surety on this Bond will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought upon this Bond, a reasonable attorney’s fee to be fixed by the Court.
This Bond shall insure to the benefit of any and all persons, companies, corporations, political subdivisions and State agencies, entitled to file claims under the provisions of Section 9100 of the Civil Code of the State of California, as now in effect and as the same may be amended or superseded from time to time, so as to give a right of action to them, or their assigns, if any suit is brought upon this Bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on Labor and Material Payment Bond
this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
The Principal and Surety do hereby represent, warranty and guarantee, the Surety is an “Admitted Surety” as that term is, or may be defined by California statute, regulation or the Department of Insurance.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument under several seal this Day of , 20 . the name and corporate seal of each party being affixed hereto and the present duly signed by its undersigned representative, pursuant to authority of its governing body.
SIGNED AND SEALED THIS _ day of , 20 .
Print name of Contractor
By
Signature
Title of Signer
Surety Name
By Attorney-in-Fact
(Acknowledgment by Notary Public required)
Title
(SURETY SEAL)
NOTE TO SURETY COMPANY:
The following form of acknowledgment shall be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact for each bond issued.
Labor and Material Payment Bond
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
CITY OF CORNING) )
On , before me, , a
Name of Notary Public
Notary Public in and for said State, personally appeared , Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
SUPPLEMENTARY CONDITIONS
1. Statements and Payrolls
1.1 The Contractor and each subcontractor shall preserve his payroll records for a period of three years from the date of completion of this contract.
1.2 The Contractor shall submit weekly a copy of all payrolls to the Project Manager. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those determined by the Department of Industrial Relations. The Contractor and subcontractor may use standard forms furnished by the Project Manager or any other form approved by the Project Manager. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.
1.3 The payrolls and payroll records shall contain the full name, address and social security number of each employee, his correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employees' address and social security number need only appear on the first payroll on which his name appears.
1.4 If, on or before the 20th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 6th of that month, the Owner will retain an amount equal to 5 percent of the estimated value of the work performed during the month from the next monthly estimate, except that such retention shall not exceed $10,000 nor be less than $1,000. Retention for failure to submit satisfactory payrolls shall be additional to all other retention’s provided for in this contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.
2. Accident Prevention
2.1 Precautions shall be exercised at all times for protection of persons (including employees) and property. These shall include, but not be limited to, installation of adequate safety guards and protective devices for all equipment and machinery, whether used in the performance of work or permanently installed as part of the work. Contractor shall comply with all applicable laws relating to safety precautions, including safety regulations of CAL-OSHA.
2.2 Where conditions of the work present unreasonable risk or death to persons, or property damage, in the judgment of the Owner, it may direct Contractor at his sole expense, to close down the work and not commence work again until the hazardous condition is eliminated.
2.3 Nothing herein shall be deemed to allow use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of CAL-OSHA.
3. Air Pollution - State Requirements
3.1 In connection with Public Contracts Code Section 10231, Contractor and his subcontractors shall comply with all air pollution control rules, regulations, ordinances, and statutes which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances, and statutes specified in Government Code Section 11017. Fugitive Dust Permit and construction emission dust/control plan will be required by the Tehama County Air Pollution Control District (TCAPCD). They advised that open burning without a permit is restricted.
4. Anti-Trust Claims
4.1 By execution of this contract, Contractor agrees to and does hereby assign to awarding body all right, title, and interest in and to all causes of action it may have under the Clayton Act (15 U.S.C.
Sec. 15) Section 4 or under the Cartwright Act (Business and Professions Code) Section 16700 et. seq., arising from purchases of goods, services, or materials made in performance of this contract.
The parties shall deem this assignment effective at the time of the tender of final payment to Contractor without further acknowledgment. Contractor shall include, or cause to be included, similar provision in any subcontract entered into for any part of the work of this contract.
5. Anti-Kick Back
5.1 The Contractor must comply with the provisions in the Copeland "Anti-Kick Back Act" (18 USC 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he is otherwise entitled.
6. Equal Opportunity - Federal Requirements
6.1 Selection of Labor: During the performance of this contract, the Contractor shall not discriminate against labor from any other State, possession or territory of the UnitedStates.
6.2 Employment Practices: During the performance of this contract, Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contract will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs 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 Owner setting forth the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitation or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. c. 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 Owner advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations (41 CRF, Part 60) andrelevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts of Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
g. The Contractor will include the provisions of this Section 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 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
No otherwise qualified handicapped individual in the United States as defined in Section 7 (5) of the Rehabilitation Act of 1973 (P.L. 93-112) shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under this contract.
6.3 Air Pollution - Federal Requirements: The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970.
6.4 Assurance of Minority Business Enterprise Participation
6.4.1 The bidder's execution of the signature portion of this proposal shall also constitute execution of this assurance.
6.4.2 The bidder hereby gives assurance pursuant to the requirements of the code of federal regulations, that bidder has made a reasonable effort to employ Minority Business Enterprises.
Bidder further gives assurance that bidder will submit the documentation listing Minority Business Enterprises with which the bidder will subcontract if the contract is awarded to bidder and if bidder is unable to obtain MBE participation, of the steps bidder has taken to obtain MBE participation.
7. Fair Employment Practices - State Requirements
7.1 In connection with the performance of work under this contract, Contractor agrees as follows:
a. Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religious creed, physical handicap, medical condition, marital status, ancestry, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex or national origin. Such action 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; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provision of this Fair Employment Practices section.
b. Contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, a notice, to be provided by awarding authority, advising said labor union or workers' representative of Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
c. Contractor will permit access to his records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment and Housing Commission, awarding authority or any other appropriate agency of the State of California designated by awarding authority for purposes of investigation to ascertain compliance with Fair Employment Practices section of this contract. d. A finding of willful violation of the Fair Employment Practices section of this contract or of the Fair Employment and Housing Act shall be regarded by awarding authority as a basis for determining Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's prequalification rating, ifany, and for refusing to establish, re-establish or re prequalification rating for the Contractor.
Contractor shall immediately notify Awarding Authority if it the Fair Employment and Housing Commission has determined that a complaint alleging that Contractor has violated the Fair Employment and Housing Act is valid. Contractor shall immediately provide to Awarding Authority any agreement Contractor entered into under Government Code section 12964 and immediately notify Awarding Authority of any civil action brought against Contractor pursuant to Government Code section 12964.
Awarding authority shall deem a finding of willful violation of the Fair Employment and Housing Act to have occurred upon receipt of notice any such notice from Contractor, the Fair Employment and Housing Commission, and or Superior or Federal Court.
Upon receipt of such written notice, Awarding authority shall notify Contractor that unless he demonstrates to the satisfaction of Awarding authority within a stated period that the violation has been corrected, his prequalification rating will be revoked at the expiration of such period.
e. Contractor agrees, that should the awarding authority determine the Contractor has not complied with the Fair Employment Practices section of this contract, then pursuant to Labor Code Sections 1735 and 1775, Contractor shall, as a penalty to the awarding authority, forfeit, for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such moneys may be recovered from Contractor.
Awarding authority may deduct any such damages from any moneys due Contractor from the State of California.
f. Nothing contained in this Fair Employment Practices Section shall be construed in any manner or fashion so as to prevent awarding authority of the State of California from pursuing other remedies that may be available at law.
Nothing contained in this Fair Employment Practices section shall be construed in any manner or fashion so as to require or permit hiring of an employee not permitted by the National Labor Relations Act.
g. Prior to award of the contract, Contractor shall certify to awarding authority that he has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by awarding authority:
(1) Contractor shall provide evidence, as required by the awarding authority, that he has notified all supervisors, foremen, and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) Contractor shall provide evidence, as required by awarding authority, that he has notified all sources of employee referrals (including unions, employment agencies, advertisements, Department of Employment Development) of the content of the antidiscrimination clause. (3) Personally, or through his representative, Contractor shall, through negotiations with unions with whom he has agreements, attempt to develop an agreement, which will:
(a) Spell out responsibilities for non-discrimination in hiring, referral, upgrading and training.
(b) Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography, to the end that qualified minority workers will be available and given equal opportunity for employment. (4) Contractor shall notify contracting agency of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its prequalification. h. Contractor shall include the provisions of the foregoing paragraphs (a) through (g) in every first tier subcontract, so that such provisions will be binding upon each such subcontractor.
8. Additional Division of Labor Standards Enforcement Requirements
8.1 On each job site that is subject to compliance monitoring and enforcement by the Department of Industrial Relations, the prime contractor is required to post job site notices prescribed by regulation (See 8 Calif. Code Reg. §16451(d).
8.2 All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (AKA Division of Labor Standards Enforcement) in compliance with California Labor Code Section 1776, with exceptions as specified in Labor Code section 1771.4(a)(4).
Pest Control: Each property and all buildings are to be sprayed on a bi-weekly basis with approved material.
Pest Place Address Additional Instructions
Buildings
X City Hall 794 Third St. Basement-will need to schedule during nonworking hours) X Police Dept. 774 Third St. Basement-will need to schedule during nonworking hours) X Public Works Yard 1106 Butte St.
X Library 740 Third St.
X Fire Dept. 814 Fifth St.
X Rodger’s Theater 1217 Solano St.
X Transportation Center 1081 Solano St.
X Senior Center 1015 4th Ave.
X Museum 1110 Solano St.
X Airport 930 N. Marguerite Terminal Building & Main Hangar X City Rental Home 642 Blackburn Ave.
X
Wastewater Treatment
Plant
25010 Gardiner Ferry
Rd.
Park Sites Address Additional Instructions
X Yost Field 998 Tehama St.
Including Dugouts & Bleacher Areas
warning track of the baseball field, outside of chain link fencing area, bathrooms & concession stand area, **
X Northside Park 1414 Colusa Including Bleacher Areas & Bathrooms ** X CCP / Soccer Fields 1624 Houghton Including Concession Stand and Bathrooms ** X CCP /Skate Park 1485 Toomes Ave. Including Bathrooms ** X Woodson Park 1051 Peach St. Including Bathrooms **
X Children’s Memorial Park 225 Edith Ave. **
X Clark Park 103 Fig Lane
baseball infield areas, batting cage, all unpaved area, drainage ditch, along edge of chain link fencing, Bathrooms, Concession Stand and Bleacher Area **
Place Address Additional Instructions
Well Sites Each Building is approximately 1,000 sf in size.
X 001 6S 1402 Colusa Street
X 002 BB 302 Blackburn Avenue area within chain link fence X 003 BS 1106 Butte Street
X 004 HA 950 Houghton Avenue entire lot
X 005 PS 1051 Peach Street
X 006 P#1 3365 Hwy 99W area within chain link fence
X 007 P#2 3365 Hwy 99W
X 008 EA 225 Edith Avenue
X 009 FA 205 Divisidero Avenue
X 010 H9 2005 Hwy 99W
X 019 CP 105 East Fig Lane
Initial spraying shall begin as soon as contract is awarded and re-sprayed bi-weekly or as often as necessary to provide Pest Control. The above stated shall apply year round throughout the term of the contract. **Inspect, treat and de-web restrooms, snack bars, dug outs, benches, gazebo area, trash containers, dumpster areas and play equipment. Treat inside as needed to check black widow spider concerns, and other insects. Treat the play equipment, with a non-toxic (to humans) spider-killing material (Eco-Smart technologies) to check black widow and other spider activity. Check for all crawling insects.
ITEM NO.: J-6
AUTHORIZE STAFF TO SOLICIT BIDS
FOR CITYWIDE WEED CONTROL
SERVICES
AUGUST 25, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
Staff is seeking City Council approval of the specifications and authorization to solicit bids for a three-year pest control services contract to provide weed control services at City properties, baseball parks, well sites, City rights-of-way and alleys, and drainage ditches on a bi-weekly or as often as necessary to control weed and grass growth. The contract term will be from December 1, 2026, through November 30, 2029. Project specifications are attached for Council’s review.
Following receipt and evaluation of bids, Staff will return to City Council with a recommendation for contract award.
BACKGROUND:
On November 14, 2024, City Council awarded a three-year weed control services contract to Hunter’s Pest Control. The current contract expires on November 27, 2026.
RECOMMENDATION:
MAYOR AND COUNCIL:
• APPROVE THE SPECIFICATIONS AND AUTHORIZE STAFF TO SOLICIT BIDS FOR CITYWIDE WEED CONTROL SERVICES.
BID PACKET
CITY OF CORNING
CITY OF CORNING
WEED CONTROL SERVICES
3 YR CONTRACT
BIDS DUE ON OR BEFORE:
3:00 P.M.
6 , OCTOBER 2026
CONTENTS TOTAL PAGES
NOTICE TO CONTRACTORS....................................................................................................1 PROJECT DESCRIPTION..........................................................................................................1 BIDDING REQUIREMENT SUMMARY.......................................................................................1 PROPOSAL BID FORMS ...........................................................................................................6 NON COLLUSION AFFIDAVIT ...................................................................................................1 BIDDERS BOND.........................................................................................................................3 AGREEMENT .............................................................................................................................5 PERFORMANCE BOND.............................................................................................................3 LABOR AND MATERIAL PAYMENT BOND ...............................................................................3 SUPPLEMENTARY CONDITIONS .............................................................................................5 SPECIFICATIONS......................................................................................................................1
NOTICE TO CONTRACTORS
NOTICE IS HEREBY GIVEN that City of Corning, will receive bids for the CITY OF CORNING WEED CONTROL SERVICES.
Bids shall be submitted on forms included in the Bid Packet. Copies of the Bid Packet and the drawings may be obtained from the City website at www.corning.org.
Copies are on file and open to public inspection at City Hall at 794 Third Street, Corning, CA 96021.
Bids must be received at City Hall, 794 Third Street, Corning, CA 96021 not later than 3:00 P.M. on October 6, 2026, at which time the Project Coordinator will open said bids. Bids shall be submitted in sealed envelopes and marked in the upper left-hand corner, “CITY OF CORNING WEED CONTROL SERVICES”, together with the name and address of the bidder. The bids will be opened and read publicly and bidders or their agents are invited to be present.
Any request for explanation or interpretation of the Bid Documents must be made in writing not later than 5:00 p.m. on Friday, September 18
th
, 2026. All requests shall be made by email to
[email protected] with a subject line of CITY OF CORNING WEED CONTROL SERVICES.
Any explanation or interpretation will be made in the form of Addenda to the Contract Documents.
All Addenda will be uploaded to Publicpurchase.com and to the City of Corning website at www.corning.org. It will be the bidder’s responsibility to verify that they have received all Addenda’s.
Bidders shall submit signed copies of all Addenda with their Proposals. Oral explanations and interpretations will not be binding.
There will be a non-mandatory pre-bid walk-through on Tuesday, September 15, at 1:30 p.m., on site, at 794 Third St, Corning, CA 96021.
Pursuant to Section 1770 and following 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 or wage rates pertaining to the general prevailing wage should be directed to the Division of Labor Statistics and Research, P.O. Box 420603, San Francisco, CA 94142-0603 or http://www.dir.ca.gov/DLSR/PWD/TEH.xls Bid bond, labor and material bond and performance bonds are required. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bidding. Each bidder must be appropriately licensed in the State of California and registered with the Department of Industrial Relations for this project as required by law.
PURCHASING AGENT, BRANT MESKER
By: CITY MANAGER
Publish in the Red Bluff Daily News on August 28 and September 4, 2026. Send proof of publication and invoice to: City Hall, 794 Third Street, Corning, CA 96021. Prior to publication, please email proof to [email protected]
PROJECT DESCRIPTION
CITY OF CORNING WEED CONTROL SERVICES
The City is seeking a qualified contractor to provide weed and grass control services at designated City properties under a three-year contract. Services will include an initial treatment upon award, followed by bi-weekly applications or as needed to maintain effective vegetation control throughout the contract term. Pre-emergent and post-emergent herbicides shall be applied year-round in accordance with the contract specifications.
This is only a summary. See entire project documents for full scope of the project.
Bidding Requirement Summary
BIDDING REQUIREMENT SUMMARY
1. PROJECT TITLE: CITY OF CORNING WEED CONTROL
SERVICES
2. PROJECT LOCATION: Corning, CA 96021
3. BID OPENING DATE: October 6, 2026 at 3:00 p.m.
4. BID PLACE: City Hall, 794 Third Street, Corning, CA 96021
5. NON-MANDATORY PRE-BID MEETING
PLACE:
Tuesday, September 15, at 1:30 p.m.
794 Third St, Corning, CA
6. BID SECURITY: 10% of maximum amount of bid
7. CONSTRUCTION TIME PERIOD: 3 Year Contract
Term: December 1, 2026, to November 30, 2029
8. LICENSE REQUIREMENTS: QAL
9. LABOR AND MATERIALS PAYMENT
BOND:
100% of the total bid
10. PERFORMANCE BOND: 100% of the total bid
11. PREVAILING WAGE RATES: Yes
12. BID VALID FOR: 60 days
13. NON-REFUNDABLE DEPOSIT FOR
CONTRACT DOCUMENTS:
N/A
14. ISSUED CONSTRUCTION
DOCUMENTS:
Publicpurchase.com
Corning.org
PROPOSAL BID FORMS
CITY OF CORNING
City of Corning
Corning, CA
The undersigned bidder, in accordance with the Notice to Contractors, hereby proposes and agrees to furnish any and all services necessary to perform all Work required by the Contract Documents for the:
CITY OF CORNING WEED CONTROL SERVICES
including, but not limited to, furnishing all required labor, materials, taxes, permits, insurance, bonds, transportation, scaffolding, equipment, facilities, utilities, and incidentals.
If awarded the Contract, the undersigned hereby agrees that within ten (10) working days after receipt of the Contract from the City, he will sign the Contract in the required form, of which the Notice to Contractors, Proposal, Bid Forms, Bonds, General and Supplementary Conditions, Drawings, Specifications, and all Addenda issued prior to the opening of bids, are a part.
The undersigned declares that he has carefully checked all of the figures submitted on the Bid Proposal and understands that the City will not be responsible for errors or omissions on the part of the undersigned in making up this bid.
Bidder hereby certifies that the Bidder has reviewed and understands the insurance coverage requirements and bonding requirements, as specified in the General Conditions, Article 5 – Bonds and Insurance. Should the Bidder be awarded the contract for the work, Bidder further certifies that the Bidder can meet the specified requirements for bonding and insurance, including insurance coverage of the subcontractors, and agrees to name the City of Corning, its elected officials, officers, and employees as additional insured for the work specified. The undersigned agrees to secure the required insurance and bonds and submit them prior to or concurrent with the return of the signed Contract.
Accompanying this proposal is a "Cashier’s Check", "Certified Check" or "Bidder’s Bond", as the case may be, in an amount equal to at least ten percent (10%) of the total of the bid.
Name (print) Representing (Firm)
Signature
Title
Taxpayer I.D. No.
Business Address
Contractor’s License No.
Department of Industrial Relations (DIR) Registration No.
Receipt of the following Addenda is hereby acknowledged:
Addendum No. Bidder’s Initials
Addendum No. Bidder’s Initials
Addendum No. Bidder’s Initials
PROPOSAL FOR
CITY OF CORNING WEED CONTROL SERVICES
The undersigned bidder hereby proposes and agrees to furnish any and all services necessary to perform all Work required by the Contract Documents:
Bid:
Furnish all labor, materials, taxes, insurance, bonds, transportation, equipment, facilities, utilities, and incidentals for the “City of Corning Weed Control Services” for the sum as listed below.
BID AMOUNT:
Dollars/ per year
(written numbers)
$
(figures)
It is agreed that the service to be provided under this proposal will be for a three-year contract period.
The City of Corning reserves the right to reject any and all proposals submitted or to waive any irregularity. In the event of identical proposals, the City of Corning will be the sole judge of which Company to receive the proposal.
Bidder
Date
Note: Pursuant to Corning Municipal Code Section 3.12.092, the City may apply a five percent (5%) local vendor preference for purposes of bid comparison when determining the lowest responsible bidder. The preference is used for evaluation purposes only, shall not exceed a maximum value of one hundred fifty thousand dollars ($150,000), and does not reduce the actual contract amount awarded.
CITY OF CORNING WEED CONTROL SERVICES
LIST OF SUBCONTRACTORS
Pursuant to Public Contract Code 4104, the undersigned bidder shall list the name and location of business of each Subcontractor who will perform work, labor or service to the bidder under this Contract in excess of one-half of one percent (1/2%) of the total amount shown in the bid, and shall also list the item or portions of the Work which will be done by such Subcontractor for any item or portion of Work to be performed.
LIST OF SUBCONTRACTORS:
All blanks below must be completed for each subcontractor. Failure to do so may cause your bid to be declared nonresponsive:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor:
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
No Contractor may perform work on a public works project with a Subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
CITY OF CORNING WEED CONTROL SERVICES
INFORMATION REQUIRED OF BIDDERS
The bidder is required to supply the following information.
1. Firm Name
2. Representative
3. Title
4. Business Address
6. Telephone Cell # Fax #
7. Email Address
8. California Contractors License(s):
No(s). Type(s)
9. California Department of Industrial Relations Registration No.
City of Corning
NON-COLLUSION
AFFIDAVIT CITY OF
CORNING
TO BE EXECUTED BY THE BIDDER AND SUBMITTED WITH THE BID To: City of Corning
State of
California
deposes and says that he or she is (title) of
, the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true and further, that the bidder has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. (The above certificate must be signed and filed with the City along with the bid) Signed Date
BIDDER'S BOND
(Public Contract)
KNOW ALL MEN BY THESE PRESENTS: That as Principal (herein called "Principal") and as surety _(hereinafter called "Surety" are held and
firmly bound unto the City of Corning (herein called the "Obligee"), in the just and full sum of ten percent (10%) of the total amount of the base bid submitted by Principal for the herein described work of improvement, which sum is Dollars ($ _) lawful money of the United
States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents.
WHEREAS, Principal is bidding, or is about to bid, for the following described work of improvement, all in accordance with the Notice to Contractors and the Contract Documents for the project entitled:
CITY OF CORNING WEED CONTROL SERVICES
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH THAT, if Obligee shall make an award to Principal for said work of improvement according to the terms of such bid, and Principal shall duly execute, or cause to be executed, and delivered to Obligee the Contract, bonds, and evidence of insurance coverage as, and within the time, required by the Contract Documents for the above-named project, which Contract Documents are incorporated herein by this reference, then this obligation shall be null and void; OTHERWISE, it shall remain in full force and effect, and if Obligee shall make such an award to Principal and Principal shall fail to execute, or caused to be executed and delivered to Obligee said instruments as required by the Contract Documents, then surety will pay Obligee the full sum of the bond.
No extension of time granted to the Principal and no change or alteration in any of the terms of the bid or bid requirement, whether made after notice or not, shall release or otherwise affect the obligations of Surety hereunder, and Surety waives notice of any such extension, change, or alteration. Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by Principal with proper authority, and Surety hereby waives any defense which it might have by reason of any failure of Principal to execute or properly execute this bond.
In the event suit is brought upon this bond by Obligee and judgment is recovered by Obligee, court costs, including reasonable attorneys' fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.
Signed and sealed the day of , 20 .
PRINCIPAL (Notary Certificate Attached) SURETY (Notary Certificate Attached) NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact.
NOTARY ACKNOWLEDGMENT
STATE OF )
CITY OF )
On , before me, , a Notary Public in
Name of Notary Public
and for said State, personally appeared ,
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
NOTARY ACKNOWLEDGMENT
STATE OF )
CITY OF )
On , before me, , a Notary Public in
Name of Notary Public
and for said State, personally appeared ,
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
AGREEMENT FORM
THIS AGREEMENT, entered into as of , 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 , (hereinafter
called the "Contractor"),
WHEREAS, the Contractor has been awarded the contract for the work hereafter mentioned:
“City of Corning Weed Control Services”
WITNESSETH:
That the parties hereto mutually agree to the terms and conditions hereinafter set forth.
1. CONTRACTOR’S OBLIGATION:
a. Contractor shall, on a bi-weekly basis with touch-up services at the City’s request, safely supply weed control at specified City properties. Such application shall be done safely and in a workmanlike manner with the materials approved and as indicated herein. Locations and types of weed control services are as described on EXHIBIT “A” attached hereto and incorporated by this reference. The City reserves unto itself the right to reject any or all performance hereunder and to require touchup and/or follow-up services to the City’s satisfaction, and without further compensation.
b. All chemicals used shall be of the following types and rate of mixture:
PER LABEL INSTRUCTIONS
c. Contractor shall, during the term of this Contract, maintain a valid City of Corning Business License.
d. Contractor must, at all times during the term of this contract, be a qualified applicator licensed in the following categories throughout the term of this agreement: Residential, Industrial, Institutional, Right-of-Way, Plant Agriculture, Pest Control and Aquatic.
2. COMPENSATION / TERM
a. For those services as outlined in Specifications - Weed Control Services hereto the City shall pay to Contractor the sum of $ per year paid in 12 equal monthly installments of $ per month. This contract shall run for a period of three years, through November 30, 2029, unless sooner terminated under Section 3.
b. City will pay Contractor, in equal amounts, on a monthly basis at the beginning of each month for the work performed the preceding month.
However, should performance not be satisfactory as determined by the Public Works Director, as hereinafter specified, the City may retain and use such funds as the Public Works Director deems appropriate for purposes of insuring proper performance and/or hiring other chemical spraying companies to complete to the City’s satisfaction the contract.
3. TERMINATION:
Should contractor fail to perform satisfactorily during any one of the three contract years as herein set forth, City reserves to itself the right to cancel any remaining portion of said contract upon thirty days written notice to Contractor, by notice in writing provided to Contractor at his usual place of business. Should Contractor breach any of the terms and conditions of this contract, or violate any laws, especially those relative to the utilization of hazardous materials, weed control chemicals or
similar chemicals, mixtures or materials, the City reserves unto itself the right to direct Contractor to immediately cease performance and then terminate this contract thereafter, upon thirty days written notice, and pay contractor such amounts as he may then be entitled to on a pro-rata basis (pro-rated according to amount of work satisfactorily completed).
4. PAYMENTS:
The acceptance of the final payment by the Contractor shall constitute a waiver of all claims by him.
5. SUSPENSION OF WORK:
The Public Works Director shall have authority to suspend the work wholly or in part for such period as he may deem necessary to investigate complaints regarding improper or unsafe use of chemicals or herbicides.
6. AUTHORITY OF DIRECTOR OF PUBLIC WORKS:
The Public Works Director shall be the City’s representative in deciding any and all questions that may arise as to the quality or acceptability of the work performed, all questions that arise as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensation. The City Manager also is authorized to act as the City’s representative at any time with respect to this agreement. Contractor is an independent contractor; therefore, the City will not be supervising the work performed or directing Contractor how to do his work but will be expecting the Contractor to perform all work agreed upon in a safe and professional manner according to the terms of this agreement.
7. LAWS TO BE OBSERVED:
The Contractor shall keep himself fully informed of all State, Federal and Municipal Ordinances and/or regulations of the City of Corning which in any manner affect those engaged in or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
Contractor must comply with all provisions of the Immigration Reform and Control Act and of the California Labor Code which includes the requirements of the prevailing wage laws and the obligation to register with the Department of Industrial Relations.
8. LABOR DISCRIMINATION:
No discrimination shall be made in the employment of persons in this project because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons. Violation of this section shall subject Contractor to penalties referenced in Section 1735 of the Labor Code.
9. RESPONSIBILITY FOR DAMAGES:
Neither the City of Corning, the City Council, nor the City Staff, shall be responsible or accountable in any manner for any loss or damage that may happen during the work or any part thereof; or for any materials or equipment used in performing the work; or for injury or damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause whatsoever.
10. LIABILITY INSURANCE:
The Contractor shall secure and maintain in full force and effect, during the term of this agreement and for one year thereafter, a valid comprehensive public liability and property damage insurance policy listing the City as additional insured in the following amounts:
a. $1,000,000.00 for death or injury to any person arising out of any incident or accident;
b. $50,000.00 for property damage arising out of any one incident or accident.
11. WORKMAN’S COMPENSATION INSURANCE:
Contractor at all times shall keep fully insured, at his own expense, all persons employed by him in connection with this Agreement as required by Workman’s Compensation and Insurance (California Labor Code Section 3200 et seq.), and shall hold the City free and harmless from all liabilities that may arise by reason of the injuries to any of the employees of the Contractor who are injured while performing at work any labor necessary to carry out the provisions of this agreement.
12. CERTIFICATION OF INSURANCE AND CANCELLATION THEREOF:
The Contractor shall keep on file with the City a Certificate of Insurance duly executed by the Contractor’s insurance carrier or carriers, which shall serve as evidence of the continued existence of said insurance policies. The Contractor’s insurance carriers shall be required to give the City thirty (30) days written notice prior to the cancellation of the Contractor’s Insurance.
13. INDEMNITY, DEFENSE AND HOLD HARMLESS:
The Contractor shall indemnify, defend and save harmless the City of Corning, the City Council, and the City Staff from any suits, claims, liability, loss, damages, fines, penalties, settlements or actions brought by any person or entity for, or on account of, any injuries or damage arising from, or related to in any way, the work performed, or not performed, as set forth in this contract no matter how removed. The City may retain so much of the money due the Contractor as shall be considered necessary until disposition has been made of such suits or claims for damages as aforesaid.
Any defense obligation arising from this contract requires retention of qualified legal counsel of no less than five years of experience in the area of contract litigation.
14. ACCIDENTS:
The Contractor shall provide at the site of the project such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work.
The Contractor must promptly report in writing to the city all accidents whatsoever arising out of, or in connection with the performance of the work, whether on or adjacent to the job site, which caused death, personal injury, or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported to the City immediately by telephone or messenger.
15. SAFETY:
In accordance with generally accepted practices, the Contractor will be solely and completely responsible for the conditions of the job site(s), including safety of all persons and property during the performance of the work. This requirement will apply continuously and not be limited to normal working hours.
16. CONTRACTOR AGREEMENT:
Contractor agrees to perform the services between the hours of 5:00 a.m., and 10:00 p.m., on any day. Such application as set forth in Specifications - Weed Control Services hereto, shall be made at a time when there is less than 5 miles per hour wind.
17. RENEWAL OF CONTRACT:
Upon agreement of both parties and satisfaction of any legal requirements to solicit other bids, this contract may be extended from year to year or for an additional term of years upon such terms as are acceptable to both City and Contractor.
18. NON-EMPLOYEE STATUS:
Contractor agrees and affirms that nothing in this agreement causes or creates an employer/employee relationship between City and Contractor.
19. 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 Supplementary Conditions; (3) the Notice to Contractors; (4) the Technical Specifications text.
CERTIFICATION
CITY:
BY:
City Manager
CONTRACTOR
BY:
Contractor
Approved as to form:
DATED
DATED
City Counsel
Performance Bond
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: That, WHEREAS, the CITY OF CORNING (hereinafter called “City”), has conditionally awarded to (here insert full name and address or legal title of Contractor)
As Principal (hereinafter called “Contractor”) a Contract for the CITY OF CORNING WEED CONTROL SERVICES, in the said City of Corning, in accordance with and consisting in part of plans and specifications prepared by the City of Corning, at 794 Third Street, Corning, CA 96021 which Contract also consists of all other parts of the Contract Documents for said project, which Contract is made a part hereof by reference, and is hereinafter referred to as the Contract, and WHEREAS said Contractor is required under the terms of said Contract to furnish a bond for the Faithful Performance of said Contract,
NOW, THEREFORE, we the Contractor and (here insert full name and address or legal title of Surety)
as Surety (hereinafter called “Surety”) are held and firmly bound unto City of Corning, California (hereinafter called “City”) in the sum of
Dollars ($ ), in
lawful money of the United States, for the payment of which sum well and truly to be made Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, unless the above bounden Contractor, his heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and will and truly keep and perform the covenants, conditions and agreements in additions or alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, Architect and their employees and their consultants, and their agents, as therein stipulated, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Contractor agrees not to assign this Contract except upon the written consent and approval of the City or their successor and assigns.
And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.
Performance Bond
The Principal and Surety do hereby represent, warranty and guarantee, that the Surety is an “Admitted surety” as that term is, or may be, defined by California statute, regulation or the Department of Insurance.
IN WITNESS THEREOF, the above bounden parties have executed this instrument under their several seals this day of , 20 ,
the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representatives, pursuant to its governing body.
SIGNED AND SEALED THIS day of , 20 .
Print name of Contractor
By
Signature
Title of Signer
Surety Name
By Attorney-in-Fact
(Acknowledgment by Notary Public required)
Title
(SURETY SEAL)
NOTE TO SURETY COMPANY:
The following form of acknowledgment shall be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact for each bond issued.
Performance Bond
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
CITY OF CORNING) )
On , before me, , a
Name of Notary Public
Notary Public in and for said State, personally appeared , Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Labor and Material Payment Bond
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the CITY of CORNING has awarded to (here insert the full name and address or legal title of Contractor)
hereinafter called “Contractor” a Contract for the CITY OF CORNING WEED CONTROL SERVICESin the said City of Corning, in accordance with and consisting in part of plans and specifications prepared by the City of Corning, which Contract also consists of all other parts of the Contract Documents for said project, which Contract is made a part hereof by reference, and is hereinafter referred to as the Contract, and WHEREAS said Contractor is required under the terms of said Contract to furnish a bond in connection with said contract, providing that if said Contractor, or any of his subcontractors, shall fail to pay for any materials, provisions, pro vendor or other supplies, or equipment used, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, then the Surety on this Bond will pay for the same in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought upon the Bond, a reasonable attorney’s fee to be fixed by the Court.
NOW, THEREFORE, we the Contractor and (here insert full name and address or legal title of Surety)
as Surety (hereinafter called “Surety”) are held and firmly bound unto the City of Corning, California (hereinafter called “City”) in the sum of Dollars ($ ), in lawful
money of the United States, for the payment of which sum, well and truly to be made, Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, his heirs, executors, administrators, successors or assigns, or his subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or shall fail to pay any other amount due to any person named in Section 9100 of the Civil Code, or shall fail to pay any amounts due under the Unemployment Insurance Act with respect to such work or labor performed by any such person, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his/her subcontractors pursuant to Section 18664 of the Revenue and Taxation Code, with respect to such work and labor, then the Surety on this Bond will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought upon this Bond, a reasonable attorney’s fee to be fixed by the Court.
This Bond shall insure to the benefit of any and all persons, companies, corporations, political subdivisions and State agencies, entitled to file claims under the provisions of Section 9100 of the Civil Code of the State of California, as now in effect and as the same may be amended or superseded from time to time, so as to give a right of action to them, or their assigns, if any suit is brought upon this Bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on Labor and Material Payment Bond
this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
The Principal and Surety do hereby represent, warranty and guarantee, the Surety is an “Admitted Surety” as that term is, or may be defined by California statute, regulation or the Department of Insurance.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument under several seal this Day of , 20 . the name and corporate seal of each party being affixed hereto and the present duly signed by its undersigned representative, pursuant to authority of its governing body.
SIGNED AND SEALED THIS _ day of , 20 .
Print name of Contractor
By
Signature
Title of Signer
Surety Name
By Attorney-in-Fact
(Acknowledgment by Notary Public required)
Title
(SURETY SEAL)
NOTE TO SURETY COMPANY:
The following form of acknowledgment shall be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact for each bond issued.
Labor and Material Payment Bond
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
CITY OF CORNING) )
On , before me, , a
Name of Notary Public
Notary Public in and for said State, personally appeared , Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
SUPPLEMENTARY CONDITIONS
1. Statements and Payrolls
1.1 The Contractor and each subcontractor shall preserve his payroll records for a period of three years from the date of completion of this contract.
1.2 The Contractor shall submit weekly a copy of all payrolls to the Project Manager. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those determined by the Department of Industrial Relations. The Contractor and subcontractor may use standard forms furnished by the Project Manager or any other form approved by the Project Manager. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.
1.3 The payrolls and payroll records shall contain the full name, address and social security number of each employee, his correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employees' address and social security number need only appear on the first payroll on which his name appears.
1.4 If, on or before the 20th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 6th of that month, the Owner will retain an amount equal to 5 percent of the estimated value of the work performed during the month from the next monthly estimate, except that such retention shall not exceed $10,000 nor be less than $1,000. Retention for failure to submit satisfactory payrolls shall be additional to all other retention’s provided for in this contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.
2. Accident Prevention
2.1 Precautions shall be exercised at all times for protection of persons (including employees) and property. These shall include, but not be limited to, installation of adequate safety guards and protective devices for all equipment and machinery, whether used in the performance of work or permanently installed as part of the work. Contractor shall comply with all applicable laws relating to safety precautions, including safety regulations of CAL-OSHA.
2.2 Where conditions of the work present unreasonable risk or death to persons, or property damage, in the judgment of the Owner, it may direct Contractor at his sole expense, to close down the work and not commence work again until the hazardous condition is eliminated.
2.3 Nothing herein shall be deemed to allow use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of CAL-OSHA.
3. Air Pollution - State Requirements
3.1 In connection with Public Contracts Code Section 10231, Contractor and his subcontractors shall comply with all air pollution control rules, regulations, ordinances, and statutes which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances, and statutes specified in Government Code Section 11017. Fugitive Dust Permit and construction emission dust/control plan will be required by the Tehama County Air Pollution Control District (TCAPCD). They advised that open burning without a permit is restricted.
4. Anti-Trust Claims
4.1 By execution of this contract, Contractor agrees to and does hereby assign to awarding body all right, title, and interest in and to all causes of action it may have under the Clayton Act (15 U.S.C.
Sec. 15) Section 4 or under the Cartwright Act (Business and Professions Code) Section 16700 et. seq., arising from purchases of goods, services, or materials made in performance of this contract.
The parties shall deem this assignment effective at the time of the tender of final payment to Contractor without further acknowledgment. Contractor shall include, or cause to be included, similar provision in any subcontract entered into for any part of the work of this contract.
5. Anti-Kick Back
5.1 The Contractor must comply with the provisions in the Copeland "Anti-Kick Back Act" (18 USC 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he is otherwise entitled.
6. Equal Opportunity - Federal Requirements
6.1 Selection of Labor: During the performance of this contract, the Contractor shall not discriminate against labor from any other State, possession or territory of the UnitedStates.
6.2 Employment Practices: During the performance of this contract, Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contract will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs 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 Owner setting forth the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitation or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. c. 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 Owner advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations (41 CRF, Part 60) andrelevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts of Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
g. The Contractor will include the provisions of this Section 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 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
No otherwise qualified handicapped individual in the United States as defined in Section 7 (5) of the Rehabilitation Act of 1973 (P.L. 93-112) shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under this contract.
6.3 Air Pollution - Federal Requirements: The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970.
6.4 Assurance of Minority Business Enterprise Participation
6.4.1 The bidder's execution of the signature portion of this proposal shall also constitute execution of this assurance.
6.4.2 The bidder hereby gives assurance pursuant to the requirements of the code of federal regulations, that bidder has made a reasonable effort to employ Minority Business Enterprises.
Bidder further gives assurance that bidder will submit the documentation listing Minority Business Enterprises with which the bidder will subcontract if the contract is awarded to bidder and if bidder is unable to obtain MBE participation, of the steps bidder has taken to obtain MBE participation.
7. Fair Employment Practices - State Requirements
7.1 In connection with the performance of work under this contract, Contractor agrees as follows:
a. Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religious creed, physical handicap, medical condition, marital status, ancestry, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex or national origin. Such action 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; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provision of this Fair Employment Practices section.
b. Contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, a notice, to be provided by awarding authority, advising said labor union or workers' representative of Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
c. Contractor will permit access to his records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment and Housing Commission, awarding authority or any other appropriate agency of the State of California designated by awarding authority for purposes of investigation to ascertain compliance with Fair Employment Practices section of this contract. d. A finding of willful violation of the Fair Employment Practices section of this contract or of the Fair Employment and Housing Act shall be regarded by awarding authority as a basis for determining Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's prequalification rating, ifany, and for refusing to establish, re-establish or re prequalification rating for the Contractor.
Contractor shall immediately notify Awarding Authority if it the Fair Employment and Housing Commission has determined that a complaint alleging that Contractor has violated the Fair Employment and Housing Act is valid. Contractor shall immediately provide to Awarding Authority any agreement Contractor entered into under Government Code section 12964 and immediately notify Awarding Authority of any civil action brought against Contractor pursuant to Government Code section 12964.
Awarding authority shall deem a finding of willful violation of the Fair Employment and Housing Act to have occurred upon receipt of notice any such notice from Contractor, the Fair Employment and Housing Commission, and or Superior or Federal Court.
Upon receipt of such written notice, Awarding authority shall notify Contractor that unless he demonstrates to the satisfaction of Awarding authority within a stated period that the violation has been corrected, his prequalification rating will be revoked at the expiration of such period.
e. Contractor agrees, that should the awarding authority determine the Contractor has not complied with the Fair Employment Practices section of this contract, then pursuant to Labor Code Sections 1735 and 1775, Contractor shall, as a penalty to the awarding authority, forfeit, for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such moneys may be recovered from Contractor.
Awarding authority may deduct any such damages from any moneys due Contractor from the State of California.
f. Nothing contained in this Fair Employment Practices Section shall be construed in any manner or fashion so as to prevent awarding authority of the State of California from pursuing other remedies that may be available at law.
Nothing contained in this Fair Employment Practices section shall be construed in any manner or fashion so as to require or permit hiring of an employee not permitted by the National Labor Relations Act.
g. Prior to award of the contract, Contractor shall certify to awarding authority that he has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by awarding authority:
(1) Contractor shall provide evidence, as required by the awarding authority, that he has notified all supervisors, foremen, and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) Contractor shall provide evidence, as required by awarding authority, that he has notified all sources of employee referrals (including unions, employment agencies, advertisements, Department of Employment Development) of the content of the antidiscrimination clause. (3) Personally, or through his representative, Contractor shall, through negotiations with unions with whom he has agreements, attempt to develop an agreement, which will:
(a) Spell out responsibilities for non-discrimination in hiring, referral, upgrading and training.
(b) Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography, to the end that qualified minority workers will be available and given equal opportunity for employment. (4) Contractor shall notify contracting agency of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its prequalification. h. Contractor shall include the provisions of the foregoing paragraphs (a) through (g) in every first tier subcontract, so that such provisions will be binding upon each such subcontractor.
8. Additional Division of Labor Standards Enforcement Requirements
8.1 On each job site that is subject to compliance monitoring and enforcement by the Department of Industrial Relations, the prime contractor is required to post job site notices prescribed by regulation (See 8 Calif. Code Reg. §16451(d).
8.2 All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (AKA Division of Labor Standards Enforcement) in compliance with California Labor Code Section 1776, with exceptions as specified in Labor Code section 1771.4(a)(4).
SPECIFICATIONS - WEED CONTROL SERVICES
Weed Control: Each property shall be sprayed as soon as the contract is awarded and re-sprayed on a biweekly basis or as often as necessary to control weed and grass growth throughout the term of the contract.
Pre-emergent should be herbicide (diuron or equivalent) and Amino Triazole and shall be applied year-round.
The above-stated shall apply year-round throughout the term of the contract.
Weed Place Address Additional Instructions Length and Width Clarifications
Buildings
X Public Works Yard 1106 Butte St.
X Airport 930 N. Marguerite
Provide a 30-foot path along both sides of the taxiway
and runway, including 30 feet beyond the north-end
lights, with treatment around hangars, the office, tiedown areas, and west of Marguerite Avenue between Blackburn and Neva.
X
Wastewater Treatment
Plant
25010 Gardiner
Ferry Rd.
Park Sites
X Yost Field 998 Tehama St. Baseball infield Areas, Warning track of baseball field and outside of the chain link fencing area
X Clark Park 103 Fig Lane
Baseball infield areas, batting cage, all unpaved areas, drainage ditch and along the edge of the chain link
fence.
Well Sites Each Building is approximately 1,000 sf in size.
X 002 BB Blackburn Area within Chain Link Fence
X 004 HA Houghton Area around well house
X 006 P#1 Pilot #1 Area within Chain Link Fence
X 010 H9 Hwy 99W Area around well house
Misc. City Locations
X
Toomes Avenue –
Loleta Avenue
Drainage
Treat west side of Toomes Avenue heading south,
turn right on Loleta Avenue treating on north side to
Hwy. 99W
3,790' long x 3' wide
X Blackburn Moon Drain From Edith Avenue to Corona Avenue Bridge X
Solano Street
Sidewalk and Curbs
Treat sidewalks and parking strips on Solano Street
from Edith Avenue to Marguerite Avenue including
tree grates and planter bulb outs.
X
Alleys, Right-of-ways
& Drainage Ditches
All alleys, right-of-ways (fence to fence), and drainage ditches next to roadways are to be treated.
34,032 feet long x25’ wide
(fence to fence)
X
Hwy 99W Drainage
Ditch Drainage ditch from 1870 Hwy 99W to Blossom Creek 1,150’ long x 3’ wide
(centered on the drainage
ditch)
X Hwy 99W Hydrants All fire hydrants from Solano Street to South Ave (10’ radius around hydrants)
X Marin Street At Blackburn Ditch on east side of drainage. 150’ long x 40’ wide X Puncture Vines Treatment of puncture vines to be sprayed in June and July in baseball infields and at the Corporation Yard