Delano City Council
September 19, 2022

AGENDA

DELANO CITY COUNCIL
REGULAR MEETING September 19, 2022
DELANO CITY HALL, 1015 – 11th Avenue 5:30 P.M.

IN ACCORDANCE WITH AB361, THIS MEETING WILL BE CONDUCTED IN A HYBRID

MANNER ALLOWING IN PERSON AND A TELECONFERENCE OPTION FOR THE PUBLIC AND COUNCIL TO PARTICIPATE. THE PUBLIC WILL HAVE ACCESS IN PERSON OR TO CALL IN AND LISTEN TO THE MEETING AND PROVIDE PUBLIC COMMENT. IN ORDER TO CALL INTO THE MEETING PLEASE SEE THE DIRECTIONS BELOW.

TO PARTICIPATE PLEASE FOLLOW THESE INSTRUCTIONS AT THE TIME OF THE MEETING AS FOLLOWS:

Please click the link below to join the Council Meeting:
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CALL TO ORDER

INVOCATION

FLAG SALUTE

ROLL CALL

PRESENTATIONS AND AWARDS
Featured Business – Little Boba Shop
Featured Pet – Topaz
Proclamation for Delano Harvest Holidays Association

PUBLIC COMMENT: The public may address the Council on items which do not appear on the agenda. The Council cannot respond nor take action on items that do not appear on the agenda but may refer the item to staff for further study or for placement on a future agenda. Comments are limited to 3 minutes for each person and 15 minutes on each subject. Please state your name and address for the record.

CONSENT AGENDA: The Consent Agenda consists of items that in staff’s opinion are routine and non-controversial. These items are approved in one motion unless a Councilmember or member of the public removes a particular item.
1) Authorization to waive the reading of any ordinance in its entirety and consenting to the reading of such ordinances by title only
2) Warrant Register in the amount of $2,196,539.74
3) Resolution to discontinue Saturday Looper and Dial A Ride services and only operate as an On Demand (DART-N-Go) services
4) Approval of Consulting Services Agreement with QK Inc. for Park Design Services for the “2022 MLK Park Extension Design” for $58,500.00 and authorize the City Manager to execute the agreement and any other documents needed to carry out this project 5) Acceptance of $120 donation from Serda’s Pedal Boat Rentals LLC for crime prevention and community events sponsored by the Delano Police Department

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Spanish 1-800-855-3000 1-888-877-5381
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TO PARTICIPATE PLEASE FOLLOW THESE INSTRUCTIONS AT THE TIME OF THE MEETING AS FOLLOWS:

Join City Council Meeting by clicking on the following:

When: Sep 19, 2022 05:30 PM Pacific Time (US and Canada) Topic: City Council Meeting
Please click the link below to join the webinar:
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If the public has any questions, please feel free and call 661-720-2228 by 10:00 am on September 19, 2022.

CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/11/2022 34787 LIN08 LINCOLN NATIONAL LIFE IN. 2,200.54 1 08/01/22 AUGUST LIFE INS PREMIUM 01 2219 420 LIN08 Total 2,200.54
8/25/2022 34788 /AG01 FRANKIE AGUILAR 100.00 1 REBATE PROJECT RETROFIT 73 80BA 720 /AG01 Total 100.00
8/25/2022 34789 /OL00 CORAZON OLIVEROS 200.00 1 REBATE RETROFIT PROJECT 73 80BA 720 /OL00 Total 200.00
8/25/2022 34790 /RA00 JOYCE RAMOS 100.00 1 REBATE RETROFIT PROJECT 73 80BA 720 /RA00 Total 100.00
8/25/2022 34791 /RA01 MOISES RAMIREZ 200.00 1 REBATE RETROFIT PROJECT 73 80BA 720 /RA01 Total 200.00
8/25/2022 34792 /RU00 VIDAL RUBIO 200.00 1 REBATE RETROFIT PROJECT 73 80BA 720 /RU00 Total 200.00
8/25/2022 34793 /UB00 ARWA AHMED UBADI 679.00 1 2101783 ADJUDICATED CASE 01 2260 /UB00 Total 679.00
8/25/2022 34794 99S00 99 STEEL SPECIALTIES 75.78 1 I‐3526 MATERIAL FOR #3517 DART 75 5510 350 99S00 Total 75.78
8/25/2022 34795 ABA01 ABATE‐A‐WEED INC. 39.83 1 982616 GENERAL SUPPLY 01 5700 600 8/25/2022 34795 ABA01 ABATE‐A‐WEED INC. 220.61 1 982617 GENERAL SUPPLY 01 5700 6008/25/2022 34795 ABA01 ABATE‐A‐WEED INC. 69.81 1 982618 GENERAL SUPPLY 01 5700 600 8/25/2022 34795 ABA01 ABATE‐A‐WEED INC. 93.48 1 982619 GENERAL SUPPLY 05 5700 650 8/25/2022 34795 ABA01 ABATE‐A‐WEED INC. 30.30 1 982620 GENERAL SUPPLY 01 5700 600 8/25/2022 34795 ABA01 ABATE‐A‐WEED INC. 8.18 1 982622 GENERAL SUPPLY 01 5700 600 8/25/2022 34795 ABA01 ABATE‐A‐WEED INC. 9.84 1 982623 GENERAL SUPPLY 01 5700 600 8/25/2022 34795 ABA01 ABATE‐A‐WEED INC. 37.61 1 982626 GENERAL SUPPLY 01 5700 600 8/25/2022 34795 ABA01 ABATE‐A‐WEED INC. 166.68 1 982918 MODULE IGNITION #57014 72 5520 570 8/25/2022 34795 ABA01 ABATE‐A‐WEED INC. 175.68 1 983332 WHEEL #57014 WWTP 72 5510 570 ABA01 Total 852.02
8/25/2022 34796 ADS00 ADVANCED DATA STORAGE, IN 56.35 1 152808 SHRED CONSOLE FOR FINANCE 8/12/22 01 5700 170 8/25/2022 34796 ADS00 ADVANCED DATA STORAGE, IN 56.35 2 152808 SHRED CONSOLE FOR FINANCE 8/12/22 73 5700 740 8/25/2022 34796 ADS00 ADVANCED DATA STORAGE, IN 161.00 1 152802 SHRED SERVICE DATE 8/10/22 01 5520 200 ADS00 Total 273.70
8/25/2022 34797 AFF00 AFFINITY TRUCK CENTER 137.72 1 13248367 #5406 SOLID WASTE 71 5510 540 AFF00 Total 137.72
8/25/2022 34798 ALL36 ALL STAR ELITE SPORTS 187.60 1 3026 JR. POLICE CAMP T‐SHIRTS 01 5617 610 8/25/2022 34798 ALL36 ALL STAR ELITE SPORTS 163.17 1 3038 JR POLICE CAMP COTTON TEE 01 5617 610 ALL36 Total 350.77
8/25/2022 34799 APP07 APPLEONE EMPLOYMENT SERVI 1,206.80 1 16384474 HR TEMP‐ BERENICE AYON 07/30/22 01 5524 120 8/25/2022 34799 APP07 APPLEONE EMPLOYMENT SERVI 1,206.80 1 16392295 HR TEMP‐ BERENIS AYON 8/06/22 01 5524 1208/25/2022 34799 APP07 APPLEONE EMPLOYMENT SERVI 962.37 1 16392296 TEMP‐R. ESPINOZA WEEK ENDING:08/06/22 73 5522 740 8/25/2022 34799 APP07 APPLEONE EMPLOYMENT SERVI 1,040.40 1 16397965 TEMP: R. ESPINOZA WEEK ENDING 08/13/22 73 5522 740 APP07 Total 4,416.37
8/25/2022 34800 ARA01 ARAMARK 154.76 1 JULY‐22 JULY LAUNDRY‐UNIFORM SVCS/MULTI DEPT 7/30/22 01 5522 204 8/25/2022 34800 ARA01 ARAMARK 642.67 2 JULY‐22 JULY LAUNDRY‐UNIFORM SVCS/MULTI DEPT 7/30/22 01 5522 600 8/25/2022 34800 ARA01 ARAMARK 2,507.67 3 JULY‐22 JULY LAUNDRY‐UNIFORM SVCS/MULTI DEPT 7/30/22 01 5522 800 8/25/2022 34800 ARA01 ARAMARK 430.60 4 JULY‐22 JULY LAUNDRY‐UNIFORM SVCS/MULTI DEPT 7/30/22 11 5522 300 8/25/2022 34800 ARA01 ARAMARK 229.96 5 JULY‐22 JULY LAUNDRY‐UNIFORM SVCS/MULTI DEPT 7/30/22 71 5522 530 8/25/2022 34800 ARA01 ARAMARK 478.68 6 JULY‐22 JULY LAUNDRY‐UNIFORM SVCS/MULTI DEPT 7/30/22 71 5522 540 8/25/2022 34800 ARA01 ARAMARK 1,132.95 7 JULY‐22 JULY LAUNDRY‐UNIFORM SVCS/MULTI DEPT 7/30/22 72 5522 570 1 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34800 ARA01 ARAMARK 1,234.31 8 JULY‐22 JULY LAUNDRY‐UNIFORM SVCS/MULTI DEPT 7/30/22 73 5522 720 8/25/2022 34800 ARA01 ARAMARK 92.08 9 JULY‐22 JULY LAUNDRY‐UNIFORM SVCS/MULTI DEPT 7/30/22 74 5522 370 8/25/2022 34800 ARA01 ARAMARK 642.76 10 JULY‐22 JULY LAUNDRY‐UNIFORM SVCS/MULTI DEPT 7/30/22 75 5522 350 8/25/2022 34800 ARA01 ARAMARK 1,028.18 11 JULY‐22 JULY LAUNDRY‐UNIFORM SVCS/MULTI DEPT 7/30/22 81 5522 900 ARA01 Total 8,574.62
8/25/2022 34801 ARC23 ARCADIA SOLAR, LLC 24,836.02 1 176748 JULY ENERGY CHARGES/WWTP 72 5201 570 ARC23 Total 24,836.02
8/25/2022 34802 ATT07 AT & T 34.73 1 DHEC DHEC474497ATI 01 5203 1008/25/2022 34802 ATT07 AT & T 34.73 2 DHEC DHEC474497ATI 74 5203 3708/25/2022 34802 ATT07 AT & T 69.45 3 DHEC DHEC474497ATI 01 5203 110 8/25/2022 34802 ATT07 AT & T 52.09 4 DHEC DHEC474497ATI 01 5203 1208/25/2022 34802 ATT07 AT & T 52.09 5 DHEC DHEC474497ATI 01 5203 1708/25/2022 34802 ATT07 AT & T 17.36 6 DHEC DHEC474497ATI 73 5203 7408/25/2022 34802 ATT07 AT & T 52.09 7 DHEC DHEC474497ATI 01 5203 1258/25/2022 34802 ATT07 AT & T 34.73 8 DHEC DHEC474497ATI 01 5203 410 8/25/2022 34802 ATT07 AT & T 52.09 9 DHEC DHEC474497ATI 01 5203 420 8/25/2022 34802 ATT07 AT & T 52.09 10 DHEC DHEC474497ATI 01 5203 610 8/25/2022 34802 ATT07 AT & T 104.18 11 DHEC DHEC474497ATI 01 5203 200 8/25/2022 34802 ATT07 AT & T 34.73 12 DHEC DHEC474497ATI 15 5203 680 8/25/2022 34802 ATT07 AT & T 17.36 13 DHEC DHEC474497ATI 75 5203 350 8/25/2022 34802 ATT07 AT & T 17.36 14 DHEC DHEC474497ATI 01 5203 810 8/25/2022 34802 ATT07 AT & T 17.36 15 DHEC DHEC474497ATI 72 5203 570 8/25/2022 34802 ATT07 AT & T 17.36 16 DHEC DHEC474497ATI 81 5203 900 8/25/2022 34802 ATT07 AT & T 17.36 17 DHEC DHEC474497ATI 72 5203 570 8/25/2022 34802 ATT07 AT & T 17.36 18 DHEC DHEC474497ATI 71 5203 540 8/25/2022 34802 ATT07 AT & T 17.36 19 DHEC DHEC474497ATI 73 5203 720 8/25/2022 34802 ATT07 AT & T 69.45 20 DHEC DHEC474497ATI 01 5203 200 8/25/2022 34802 ATT07 AT & T 86.81 21 DHEC DHEC474497ATI 76 5203 276 8/25/2022 34802 ATT07 AT & T 20.05 1 ‐3253 ACC# 9391053253 01 5203 1008/25/2022 34802 ATT07 AT & T 33.42 2 ‐3253 ACC# 9391053253 01 5203 110 8/25/2022 34802 ATT07 AT & T 6.68 3 ‐3253 ACC# 9391053253 01 5203 1608/25/2022 34802 ATT07 AT & T 13.37 4 ‐3253 ACC# 9391053253 01 5203 1208/25/2022 34802 ATT07 AT & T 46.78 5 ‐3253 ACC# 9391053253 01 5203 1708/25/2022 34802 ATT07 AT & T 13.37 6 ‐3253 ACC# 9391053253 73 5203 7408/25/2022 34802 ATT07 AT & T 20.05 7 ‐3253 ACC# 9391053253 01 5203 125 8/25/2022 34802 ATT07 AT & T 33.42 8 ‐3253 ACC# 9391053253 01 5203 4108/25/2022 34802 ATT07 AT & T 26.73 9 ‐3253 ACC# 9391053253 01 5203 4208/25/2022 34802 ATT07 AT & T 120.29 10 ‐3253 ACC# 9391053253 01 5203 200 8/25/2022 34802 ATT07 AT & T 47.22 1 ‐53315 ACCT# 9391053315 72 5203 5708/25/2022 34802 ATT07 AT & T 47.22 1 ‐53316 ACCT# 9391053316 73 5203 720 8/25/2022 34802 ATT07 AT & T 47.22 1 ‐53317 ACCT# 9391053317 73 5203 7208/25/2022 34802 ATT07 AT & T 25.92 1 07/19/22 ACCT# 9391052596/2731 MCCF 76 5203 2768/25/2022 34802 ATT07 AT & T 46.58 1 08/06/22 PHONE CHARGES ‐ MISC LINES II 01 5203 200 8/25/2022 34802 ATT07 AT & T 47.22 2 08/06/22 PHONE CHARGES ‐ MISC LINES II 01 5203 610 8/25/2022 34802 ATT07 AT & T 47.22 3 08/06/22 PHONE CHARGES ‐ MISC LINES II 73 5203 740 8/25/2022 34802 ATT07 AT & T 134.94 4 08/06/22 PHONE CHARGES ‐ MISC LINES II 73 5203 720 8/25/2022 34802 ATT07 AT & T 91.08 5 08/06/22 PHONE CHARGES ‐ MISC LINES II 73 5203 720 8/25/2022 34802 ATT07 AT & T 92.55 6 08/06/22 PHONE CHARGES ‐ MISC LINES II 01 5203 200 2 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34802 ATT07 AT & T 29.91 1 08/07/22 PHONE CHARGES ‐ MISC LINES 4 01 5203 610 8/25/2022 34802 ATT07 AT & T 29.91 2 08/07/22 PHONE CHARGES ‐ MISC LINES 4 71 5203 540 8/25/2022 34802 ATT07 AT & T 29.91 3 08/07/22 PHONE CHARGES ‐ MISC LINES 4 72 5203 570 8/25/2022 34802 ATT07 AT & T 29.91 4 08/07/22 PHONE CHARGES ‐ MISC LINES 4 73 5203 720 8/25/2022 34802 ATT07 AT & T 29.91 5 08/07/22 PHONE CHARGES ‐ MISC LINES 4 74 5203 370 8/25/2022 34802 ATT07 AT & T 32.05 6 08/07/22 PHONE CHARGES ‐ MISC LINES 4 75 5203 350 8/25/2022 34802 ATT07 AT & T 32.05 7 08/07/22 PHONE CHARGES ‐ MISC LINES 4 81 5203 900 8/25/2022 34802 ATT07 AT & T 43.18 1 18443094 CORP YARD SERVICES 06/06/22‐07/05/22 73 5203 720 8/25/2022 34802 ATT07 AT & T 451.06 1 DSL CHRGE DSL CHARGES 15 5203 680 8/25/2022 34802 ATT07 AT & T 177.12 2 DSL CHRGE DSL CHARGES 01 5203 610 8/25/2022 34802 ATT07 AT & T 44.28 3 DSL CHRGE DSL CHARGES 71 5203 5408/25/2022 34802 ATT07 AT & T 44.28 4 DSL CHRGE DSL CHARGES 72 5203 570 8/25/2022 34802 ATT07 AT & T 44.28 5 DSL CHRGE DSL CHARGES 73 5203 7208/25/2022 34802 ATT07 AT & T 44.28 6 DSL CHRGE DSL CHARGES 81 5203 900 ATT07 Total 2,891.60
8/25/2022 34803 AUT10 AUTOZONE COMMERCIAL 38.84 1 265821 #5407 SOLID WASTE 71 5510 540 8/25/2022 34803 AUT10 AUTOZONE COMMERCIAL 100.34 1 268099 #MD 2006 MAINT. DIST. 20 5510 001 8/25/2022 34803 AUT10 AUTOZONE COMMERCIAL 90.36 1 270286 #192 P.D. 01 5510 200 8/25/2022 34803 AUT10 AUTOZONE COMMERCIAL 43.82 1 270380 #3344 WATER 73 5510 720 8/25/2022 34803 AUT10 AUTOZONE COMMERCIAL 11.78 1 277154 #6105 RECREATION 01 5510 610 8/25/2022 34803 AUT10 AUTOZONE COMMERCIAL 130.99 1 288494 #5703 WWTP 72 5510 570 AUT10 Total 416.13
8/25/2022 34804 BAK41 BAKERSFIELD CHRYSLER‐JEEP 872.95 1 162646 #3527 DART 75 5510 350 8/25/2022 34804 BAK41 BAKERSFIELD CHRYSLER‐JEEP 838.72 1 162766 #3527 DART 75 5510 350 BAK41 Total 1,711.67
8/25/2022 34805 BAR85 BARBOZA, LUIS F 80.00 1 81022 DMV PHYSICAL REIMB 73 5662 720 BAR85 Total 80.00
8/25/2022 34806 BEAC2 BEATWEAR, INC 1,286.03 1 7525 JAVIER SANCHEZ POLICE UNIFORM 01 5190 200 BEAC2 Total 1,286.03
8/25/2022 34807 BET05 BETTER EARTH ELECTRIC, IN 50.00 1 BP2022258 DUPLICATE PLAN CHECK FEE 01 3805 BET05 Total 50.00
8/25/2022 34808 BJC01 B & J COMMUNICATIONS 123.87 1 20816 SERVICES AND UTILITIES#3006 ST 11 5510 300 8/25/2022 34808 BJC01 B & J COMMUNICATIONS 60.00 1 20817 SERVICES AND UTILITIES#411 ST 11 5510 300 8/25/2022 34808 BJC01 B & J COMMUNICATIONS 60.00 1 20818 SERVICES AND UTILITIES#401 ST 11 5510 300 8/25/2022 34808 BJC01 B & J COMMUNICATIONS 546.04 1 20824 SERVICES AND UTILITIES#3007 ST 11 5510 300 8/25/2022 34808 BJC01 B & J COMMUNICATIONS 75.16 1 20825 SERVICES AND UTILITIES 11 5510 300 8/25/2022 34808 BJC01 B & J COMMUNICATIONS 65.41 1 20826 SERVICES AND UTILITIES 11 5510 300 8/25/2022 34808 BJC01 B & J COMMUNICATIONS 75.16 1 20827 SERVICES AND UTILITIES#3003 ST 01 5522 200 8/25/2022 34808 BJC01 B & J COMMUNICATIONS 60.00 1 20828 SERVICES AND UTILITIES#3002ST 11 5510 300 8/25/2022 34808 BJC01 B & J COMMUNICATIONS 75.16 1 20829 SERVICES AND UTITLITIES#300407 ST 11 5510 300 8/25/2022 34808 BJC01 B & J COMMUNICATIONS 60.00 1 20830 SERVICES AND UTILITIES#30020 ST 11 5510 300 8/25/2022 34808 BJC01 B & J COMMUNICATIONS 60.00 1 20831 SERVICES AND UTILITIES#30021 ST 11 5510 300 BJC01 Total 1,260.80
8/25/2022 34809 BLA20 BLAIS & ASSOCIATES, LLC 2,281.40 1 BA404722 CALTRANS HSIP 01 5524 105 8/25/2022 34809 BLA20 BLAIS & ASSOCIATES, LLC 2,281.40 1 BA404822 CALTRANS HSIP 01 5524 105 8/25/2022 34809 BLA20 BLAIS & ASSOCIATES, LLC 2,777.50 1 BA419322 DEL GRANT RESEARCH 01 5524 105 BLA20 Total 7,340.30
8/25/2022 34810 BLU06 BLUE SHIELD OF CALIFORNIA 122,954.56 1 08/15/22 SEPT HEALTH BILL GRP#W0063878ACURRENT 01 2219 400 3 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34810 BLU06 BLUE SHIELD OF CALIFORNIA 1,383.09 2 08/15/22 AUGUST HEALTH BILL GRP#W0063878 ADJUSTMENT 01 2219 400 BLU06 Total 124,337.65
8/25/2022 34811 BPR00 BPR SITE SERVICES 50.22 1 63022S SINGLE TRAILER PORTABLE RESTR SERV AT GOLF CO 05 5700 650 BPR00 Total 50.22
8/25/2022 34812 BRI05 CHARTER COMMUNICATIONS 223.50 1 101080722 BUSINESS INTERNET 84 5209 140 8/25/2022 34812 BRI05 CHARTER COMMUNICATIONS 132.94 2 101080722 TV AND OTHER CHARGES 01 5700 200 8/25/2022 34812 BRI05 CHARTER COMMUNICATIONS 1,685.00 1 901081222 AUGUST 2022 INTERNET SERVC CITY WIDE 84 5209 140 BRI05 Total 2,041.44
8/25/2022 34813 BSK01 BSK ASSOCIATES 224.00 1 AF18581 WEEKLY BACTI SAMPLING 73 5524 720 8/25/2022 34813 BSK01 BSK ASSOCIATES 272.00 1 AF18582 WEEKLEY BACTI SAMPLING 73 5524 720 8/25/2022 34813 BSK01 BSK ASSOCIATES 96.00 1 AF18936 WEEKLY ARSENIC SAMPLING 73 5524 720 8/25/2022 34813 BSK01 BSK ASSOCIATES 112.00 1 AF19433 MONTHLY WELL SAMPLING 73 5524 720 8/25/2022 34813 BSK01 BSK ASSOCIATES 112.00 1 AF19434 MONTHLY WELL SAMPLING ' 73 5524 720 8/25/2022 34813 BSK01 BSK ASSOCIATES 96.00 1 AF19572 WEEKLY ARSENIC SAMPLING 73 5524 720 8/25/2022 34813 BSK01 BSK ASSOCIATES 400.00 1 AF20140 SPECIAL SAMPLING WELL 42 73 5524 720 8/25/2022 34813 BSK01 BSK ASSOCIATES 108.00 1 AF20142 GAC PLANT SAMPLING 73 5524 720 8/25/2022 34813 BSK01 BSK ASSOCIATES 272.00 1 AF20143 WEEKLY BACTI SAMPLING 73 5524 720 8/25/2022 34813 BSK01 BSK ASSOCIATES 34.00 1 AF20144 GAC PLANT SAMPLING 73 5524 720 8/25/2022 34813 BSK01 BSK ASSOCIATES 465.00 1 AF20146 GAC PLANT SAMPLING 73 5524 720 8/25/2022 34813 BSK01 BSK ASSOCIATES 23.50 1 AF20231 SPECIAL SAMPLING ON NEW WATER LINE 73 5524 720 8/25/2022 34813 BSK01 BSK ASSOCIATES 35.00 1 AF20232 SPECIAL WELL 39 SAMPLING 73 5524 720 8/25/2022 34813 BSK01 BSK ASSOCIATES 25.00 1 AF20233 SPECIAL WELL 33 SAMPLING 73 5524 720 BSK01 Total 2,274.50
8/25/2022 34814 BSN02 BSN SPORTS LLC 402.38 1 917633070 TENNIS NET 40LB, CENTER STRAPS 01 5617 610 BSN02 Total 402.38
8/25/2022 34815 BUR13 BURKE, WILLIAMS & SORENSE 31,548.70 1 288228 FEES FOR PROFF SERV RENDERED THROUHG 6/30/22 01 5529 190 8/25/2022 34815 BUR13 BURKE, WILLIAMS & SORENSE 5.76 2 288228 FEES FOR PROFF SERV RENDERED THROUHG 6/30/22 01 5529 190 BUR13 Total 31,554.46
8/25/2022 34816 CAL25 CAL‐VALLEY EQUIPMENT CO 301.77 1 1306322 MONTHLY MILEAGE INSPECTION 81 5662 900 CAL25 Total 301.77
8/25/2022 34817 CARA5 CARDINAL CODE SOLUTIONS, 21,421.25 1 0822A PROFESSIONAL SERVICES AUG 1‐14,22 01 5524 420 CARA5 Total 21,421.25
8/25/2022 34818 CARC5 CARROLL'S TIRE WAREHOUSE 99.95 1 300657 MAINT OPER/ALIGNMENT/#D78 PD 01 5510 200 8/25/2022 34818 CARC5 CARROLL'S TIRE WAREHOUSE 292.53 1 300659 MAINT OPER/TIRE/#192 PD 01 5510 2008/25/2022 34818 CARC5 CARROLL'S TIRE WAREHOUSE 236.95 1 300684 MAINT OPER/TIRE/#411 STS 11 5510 3008/25/2022 34818 CARC5 CARROLL'S TIRE WAREHOUSE 446.61 1 300742 #3701 ALIGNMENT AND SERVICE 74 5510 370 8/25/2022 34818 CARC5 CARROLL'S TIRE WAREHOUSE 793.27 1 300798 ALIGNMENT AND SEVICES#3310 WATER 73 5510 720 8/25/2022 34818 CARC5 CARROLL'S TIRE WAREHOUSE 252.16 1 300799 CAR TURF MASTER#6007 PARKS 01 5510 600 CARC5 Total 2,121.47
8/25/2022 34819 CAS95 MARIA ROCHA CASTILLO 1,137.76 1 UNIFORM UNIFORM REIMBURSEMENT 01 5190 200 8/25/2022 34819 CAS95 MARIA ROCHA CASTILLO 507.21 2 UNIFORM UNIFORM REIMBURSEMENT 01 5700 200 CAS95 Total 1,644.97
8/25/2022 34820 CEN10 CENTRAL VALLEY OFFICE SUP 46.52 1 0336596‐1 HEAD SET FOR TELECONFERENCING 73 5300 720 8/25/2022 34820 CEN10 CENTRAL VALLEY OFFICE SUP 5.52 1 0337467‐1 CLIPBOARDS 73 5300 720 8/25/2022 34820 CEN10 CENTRAL VALLEY OFFICE SUP 148.37 1 337625001 OFFICE SUPPLIES 01 5300 200 CEN10 Total 200.41
8/25/2022 34821 CEN36 CENTRAL SANITARY SUPPLY 507.18 1 1265730 CLEANING SUPPLIES 01 5700 204 8/25/2022 34821 CEN36 CENTRAL SANITARY SUPPLY 146.14 1 1266860 GLOVES 01 5700 204 4 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account CEN36 Total 653.32
8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 340.00 1 483606 COVID‐19 TESTING 08 5752 108 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 452.00 2 483606 PRE‐PLACEMENT PHYSICAL EXAM/HR 01 5524 120 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 452.00 3 483606 PRE‐PLACEMENT PHYSICAL EXAM/HR 01 5524 120 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 452.00 4 483606 PRE‐PLACEMENT PHYSICAL EXAM/HR 01 5524 120 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 452.00 5 483606 PRE‐PLACEMENT PHYSICAL EXAM/HR 01 5524 120 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 487.00 6 483606 PRE‐PLACEMENT PHYSICAL EXAM/HR 01 5524 120 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 452.00 7 483606 PRE‐PLACEMENT PHYSICAL EXAM/HR 01 5524 120 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 131.00 8 483606 PRE‐PLACEMENT PHYSICAL EXAM/HR 01 5524 120 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 487.00 9 483606 PRE‐PLACEMENT PHYSICAL EXAM/HR 01 5524 120 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 469.00 10 483606 PRE‐PLACEMENT PHYSICAL EXAM/HR 01 5524 120 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 452.00 11 483606 PRE‐PLACEMENT PHYSICAL EXAM/HR 01 5524 120 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 2,295.00 1 483923 COVID‐19 TESTING 08 5752 1088/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 35.00 2 483923 CLINICAL X‐RAY/PD 01 5524 200 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 60.00 3 483923 DOT RECERT/GARAGE 81 5524 900 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 106.00 4 483923 PRE‐PLACEMENT PHYSICAL EXAM/HR 01 5524 120 8/25/2022 34822 CEN55 CENTRAL VALLEY OCC MEDICA 70.00 5 483923 DOT PANEL/PARKS 01 5524 600 CEN55 Total 7,192.00
8/25/2022 34823 CHA02 DELANO CHAMBER OF COMMERC 100.00 1 FW2022012 DELANO CHAMBER OF COMMERCE 01 3800 CHA02 Total 100.00
8/25/2022 34824 CIV02 CIVICPLUS 900.00 1 235512 ONLINE CODE HOSTING 9/1/22‐8/31/23 84 5522 140 CIV02 Total 900.00
8/25/2022 34825 CON47 CONTRABAND CONTROL SPECIA 212.06 1 10‐31737 PROVIDE D&A FIELD COLLECTION DOT RANDOM DRUG 75 5524 350 8/25/2022 34825 CON47 CONTRABAND CONTROL SPECIA ‐ 2 10‐31737 PROVIDE D&A FIELD COLLECTION DOT RANDOM DRUG 11 5524 300 8/25/2022 34825 CON47 CONTRABAND CONTROL SPECIA 212.05 3 10‐31737 PROVIDE D&A FIELD COLLECTION DOT RANDOM DRUG 11 5524 300 CON47 Total 424.11
8/25/2022 34826 COR02 CORBIN‐WILLITS SYSTEMS, 2,105.87 1 C208151 SEPT ENHANCEMENT AND SERVICE FEES 84 5209 140 COR02 Total 2,105.87
8/25/2022 34827 CPS01 CPS HR CONSULTING 344.30 1 101 DISPATCHER/STOCK EXAM BASE FEE 01 5524 120 CPS01 Total 344.30
8/25/2022 34828 CRI10 CRISTO REY DIVINE MERCY 100.00 1 FW2022‐05 FIREWORKS DEPOSIT REFUND 01 3800 CRI10 Total 100.00
8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 52.38 1 275925 MAINT AND OPERATION ‐ MAINT DIST 20 5510 001 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 184.54 1 276133 VEHICLE M & O DART 75 5510 350 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 23.80 1 276826 VEHICLE M & O 01 5700 204 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 103.37 1 277015 VEHICLE M & O ‐ ST CLEANING 71 5510 530 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 25.97 1 277034 VEHICLE M & O ‐ DART 75 5510 350 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 5.73 1 277037 VEHICLE M & O ‐ DART 75 5510 350 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 65.79 1 277110 VEHICLE M & O ‐ SOLID WASTE 71 5510 540 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 107.76 1 277273 VEHICLE M & 0 ‐ WATER 73 5510 720 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 53.18 1 277294 VEHICLE M & O ‐ WATER 73 5510 720 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE (10.83) 1 277356 VEHICLE M & O ‐ WATER 73 5510 720 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 37.61 1 278695 VEHICLE M & O ‐ PARKS 01 5510 600 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 394.37 1 278865 VEHICLE M & O ‐ PARKS 01 5700 600 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 257.31 1 279466 VEHICLE M & O ‐ AIRPORT 74 5510 370 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 27.48 1 280064 VEHICLE M & O ‐ PARKS 01 5510 600 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 38.96 1 280387 VEHICLE M & O ‐ WATER 73 5510 720 8/25/2022 34829 CSK01 O'REILLY AUTOMOTIVE STORE 16.53 1 280412 VEHICLE M & O ‐ CITY COUNCIL 01 5510 100 5 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account CSK01 Total 1,383.95
8/25/2022 34830 DAC01 DACO FARM SUPPLY INC. 1.00 1 53122 SERVICE CHARGE 81 5700 9008/25/2022 34830 DAC01 DACO FARM SUPPLY INC. 1.00 1 63022 SERVICE CHARGE 81 5700 9008/25/2022 34830 DAC01 DACO FARM SUPPLY INC. 114.70 1 348711 UTILITIES#435 ST 11 5510 3008/25/2022 34830 DAC01 DACO FARM SUPPLY INC. 42.40 1 348849 UTILITIES#325WWTP 72 5510 570 8/25/2022 34830 DAC01 DACO FARM SUPPLY INC. 144.96 1 348987 UTILITIES#54019 SOLID WASTE 71 5510 540 8/25/2022 34830 DAC01 DACO FARM SUPPLY INC. 170.63 1 349195 UTILITIES#5709WWTP 72 5510 570 8/25/2022 34830 DAC01 DACO FARM SUPPLY INC. 4.87 1 349307 SS WASHER#5407 SOLID WASTE 71 5510 540 8/25/2022 34830 DAC01 DACO FARM SUPPLY INC. 117.41 1 349605 UTILITIES#57018 WWTP 72 5510 570 8/25/2022 34830 DAC01 DACO FARM SUPPLY INC. 10.91 1 349659 REVEVOIR COVER, O RING#5709WWTP 72 5510 570 8/25/2022 34830 DAC01 DACO FARM SUPPLY INC. 31.35 1 349695 BALL VALVE#506 CENTRAL GARAGE 81 5510 900 8/25/2022 34830 DAC01 DACO FARM SUPPLY INC. 40.62 1 349785 AIR COMPRESSOR FITTINGS 73 5520 720 8/25/2022 34830 DAC01 DACO FARM SUPPLY INC. 57.29 1 349889 HOSE #5406 SOLID WASTE 71 5510 540 DAC01 Total 737.14
8/25/2022 34831 DAT03 DATA TICKET INC 100.00 1 07/2022 JULY DMV HOLDS 07/31/22 01 3405 DAT03 Total 100.00
8/25/2022 34832 DE101 DELANO CHEVROLET BUICK GM 622.19 1 109104 #5301 A/C COMPRESSOR 71 5510 530 8/25/2022 34832 DE101 DELANO CHEVROLET BUICK GM 77.50 1 109120 #5301 DOOR LATCH 71 5510 530 DE101 Total 699.69
8/25/2022 34833 DE106 DELANO LITTLE LEAGUE 100.00 1 FW2022004 FIREWORK DEPOSIT 01 3800 DE106 Total 100.00
8/25/2022 34834 DE112 DELANO TOWING 250.00 1 2000 #D74 P.D. FORD EXPLORER 01 5510 200 8/25/2022 34834 DE112 DELANO TOWING 100.00 1 4214 #D69 P.D. FORD EXPLORER 01 5510 200 DE112 Total 350.00
8/25/2022 34835 DEL12 DELANO, CITY OF ‐ WATER 118.84 1 07/2022 WATER SER/1002 1/2 11TH AVE 01 5205 800 DEL12 Total 118.84
8/25/2022 34836 DEL30 DELANO EQUIPMENT 578.11 1 41123 CEMENT FOR GATE VALVES 73 5700 720 8/25/2022 34836 DEL30 DELANO EQUIPMENT 160.98 1 41125 CONCRETE MIXING TRAILER 11TH JEFF SIDEWALK 11 800F 300 DEL30 Total 739.09
8/25/2022 34837 DEL39 DELANO VETERINARY HOSPITA 108.78 1 72509 CAT NEUTER 01 55211 204 8/25/2022 34837 DEL39 DELANO VETERINARY HOSPITA 43.13 1 72771 STEROID VACCINE‐CAT 01 55211 2048/25/2022 34837 DEL39 DELANO VETERINARY HOSPITA 68.82 1 72827 STERAOID VACCINE 01 55211 204 DEL39 Total 220.73
8/25/2022 34838 DEL56 DELANO PROPANE, INC 108.47 1 24769 WATER#346 73 5511 720 8/25/2022 34838 DEL56 DELANO PROPANE, INC 48.96 1 24899 WATER#346 73 5511 720 8/25/2022 34838 DEL56 DELANO PROPANE, INC 31.21 1 24906 STREETS#446 11 5511 300 DEL56 Total 188.64
8/25/2022 34839 DELC2 DE LAGE LANDEN FINANCIAL 405.94 1 77226521 09/22 11/22 LEASE PD 01 5302 200 8/25/2022 34839 DELC2 DE LAGE LANDEN FINANCIAL 606.20 1 77248107 09/22‐11/22 LEASE COMM CTR 01 5302 610 DELC2 Total 1,012.14
8/25/2022 34840 DIA11 DIAMOND IT 22,975.65 1 31532 WATCH GUARD FIREBOX 84 5522 140 8/25/2022 34840 DIA11 DIAMOND IT 12,147.16 1 31534 DELL POWEREDGE WARRANTY RENEW 84 5522 1408/25/2022 34840 DIA11 DIAMOND IT 2,370.48 1 31560 JULY CITY HALL BACK UP 84 5640 140 8/25/2022 34840 DIA11 DIAMOND IT 2,974.05 1 31561 JULY CITY HALL BACKUP 84 5640 140 8/25/2022 34840 DIA11 DIAMOND IT 25,000.00 1 31720 2022‐23#2 BLOCK RENEWAL 84 5522 140 DIA11 Total 65,467.34
8/25/2022 34841 ENR02 ENGINEERING NEWS‐RECORD 108.00 1 08/23/22 SUBSCRIPTION RENEWAL FEES ACC#1107252757 SEP‐ 01 5423 410 ENR02 Total 108.00
6 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34842 FAS05 FASTENAL COMPANY 34.66 1 106587 CAUTION TAPE 11 5700 300 FAS05 Total 34.66
8/25/2022 34843 FLO28 FLORES AFFORDABLE TOOLS 48.68 1 4647 GENERAL SUPPLIES 01 5700 600 FLO28 Total 48.68
8/25/2022 34844 GARC1 JOSHUA GARCIA 177.00 1 FTO 08/22 FTO UPDATE 01 5440 200 GARC1 Total 177.00
8/25/2022 34845 GARC9 GARDA CL WEST, INC 9.59 1 20536108 JULY ARMORED CARS SVCS ADJ 07/31/22 01 5809 105 GARC9 Total 9.59
8/25/2022 34846 GLO11 GLOBAL CTI 1,126.58 1 158929 SEPT SHILED ENHANCE 8/15/22 84 5522 140 GLO11 Total 1,126.58
8/25/2022 34847 GRE04 GREG'S PETROLEUM SERVICE, 432.42 1 326831 WATER WELL DRIPPER OIL 73 5520 720 GRE04 Total 432.42
8/25/2022 34848 GRE32 GREEN PRO SOLUTIONS 499.75 1 22343 ASPHALT REMOVER 11 88AG 300 GRE32 Total 499.75
8/25/2022 34849 GRE33 GREATER YOUTH FOUNDATION 100.00 1 FW2022008 FIREWORKS DEPOSIT RETURN 01 3800 GRE33 Total 100.00
8/25/2022 34850 HAA01 HAAKER EQUIPMENT COMPANY 403.09 1 C1A031 GUID 60 W/PINS#5303 STRT CLEANING 71 5510 530 HAA01 Total 403.09
8/25/2022 34851 HAR14 HARBOR FREIGHT TOOLS 47.60 1 988928 PITCH FORKS GARDEN 74 5700 370 8/25/2022 34851 HAR14 HARBOR FREIGHT TOOLS 31.14 1 989476 AIR CANS FOR PLOTTER ROOM 11 5700 3008/25/2022 34851 HAR14 HARBOR FREIGHT TOOLS 37.96 1 990599 HAND PUMPS FOR SOLUTIONS 11 5700 300 HAR14 Total 116.70
8/25/2022 34852 HER66 MICHELLE HERNANDEZ 320.00 1 CLETS CLETS USERS GROUP TRAINING 01 5400 200 HER66 Total 320.00
8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 12.80 1 25686 GENERAL IRRIGATION SUPPLIES ‐ DISTRICTS 20 5700 001 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 14.07 1 101591 GENERAL IRRIGATION SUPPLIES ‐ DISTRICTS 20 5700 001 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 82.03 1 101613 GENERAL SUPPLY 01 5700 600 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 37.08 1 525147 GENERAL SUPPLIES ‐ WATER 08 5754 108 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 158.24 1 1020317 GENERAL SUPPLY‐TOOLS 73 5700 720 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 37.08 1 1520357 GENERAL SUPPLY 01 5700 6008/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 37.08 1 1545097 GENERAL SUPPLY 08 5754 108 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 28.68 1 1545098 GENERAL SUPPLIES 71 5700 540 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 41.07 1 2100037 GENERAL SUPPLY PARKS MAIN 01 5700 6008/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 49.44 1 2520210 GENERAL SUPPLY WATER 08 5754 1088/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 135.16 1 2520250 GENERAL SUPPLY 73 5700 720 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 79.95 1 2520251 GENERAL SUPPLY 73 5700 7208/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 50.85 1 3020137 GENERAL SUPPLY 01 5700 6008/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 38.64 1 3020142 GENERAL ELCTRIC SUPPLIES 73 5571 7208/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 21.59 1 3020176 GENERAL IRRIGATION SUPPLIES ‐ DISTRICS 20 5700 001 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 7.51 1 3100026 GENERAL SUPPLIES 01 5700 204 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 61.64 1 3520122 GENERAL SUPPLY‐SPRAYERS 73 5700 7208/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 62.31 1 4020016 GENERAL SUPPLY PARKS MAIN 01 5700 6008/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 184.32 1 4020017 PARTS FOR METER INSTALLATIONS 73 5700 720 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 24.72 1 4020018 COVID SUPPLIES 08 5754 108 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 40.23 1 4020094 GENERAL SUPPLY 01 5700 6008/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 12.36 1 4021011 GENERAL SUPPLIES ‐ WATER 08 5754 108 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 219.04 1 4021012 GENERAL SUPPLY ‐ CORP YARD SIGN 01 5700 8008/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 7.01 1 4530144 GENERAL SUPPLY 01 5700 600 7 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 3.97 1 5020888 GENERAL SUPPLY 01 5700 800 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 36.21 1 5020954 GENERAL SUPPLY 01 5700 8008/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 49.76 1 5025248 GENERAL IRRIGATION SUPPLIES ‐ WESTSIDE FIRE 01 5700 800 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 50.86 1 5025296 GENERAL SUPPLY 01 5700 8008/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 174.67 1 5520797 GENERAL SUPPLIES 01 5700 204 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 124.53 1 5520816 GENERAL SUPPLY 73 5700 7208/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 49.44 1 5531020 GENERAL SUPPLY WATER 08 5754 1088/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 37.08 1 5541402 GENERAL SUPPLIES ‐ WATER 08 5754 108 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 14.05 1 5542276 GENERAL SUPPLY 01 5700 800 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 13.54 1 6541354 GENERAL SUPPLY #325 WWTP 72 5520 5708/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 49.44 1 6542241 COVID SUPPLIES 08 5754 108 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 5.98 1 7021634 GENERAL SUPPLIES 01 5700 204 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 13.23 1 9025754 GENERAL IRRIGATION SUPPLIES ‐ DISTRICTS 20 5700 001 8/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 47.67 1 9025813 GENERAL IRRIGATION SUPPLIES 01 5711 6008/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 68.81 1 9540055 GENERAL SUPPLIES 71 5700 5408/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 43.82 1 9542719 GENERAL SUPPLY 71 5700 5408/25/2022 34853 HOM02 HOME DEPOT CREDIT SVCS 31.79 1 ‐7020715 GENERAL SUPPLY 01 5700 800 HOM02 Total 2,257.75
8/25/2022 34854 HOP04 ANTHONY HOPKINS 6,695.81 1 22‐17 INSTALLATIONS AND SERVICES AUGUST 8‐19,22 01 5524 410 HOP04 Total 6,695.81
8/25/2022 34855 IDE04 IDEAL CLUB 100.00 1 FW2022010 FIREWORKS DEPOSIT RETURN 01 3800 IDE04 Total 100.00
8/25/2022 34856 IMA00 IMAGE 2000 265.71 1 533996 PLANNING(PLOTTER) 01 5302 125 8/25/2022 34856 IMA00 IMAGE 2000 878.49 2 533996 HR#5593,3678,5137 01 5302 1208/25/2022 34856 IMA00 IMAGE 2000 133.21 3 533996 FINANCE#BQ 4883‐6266 01 5302 170 8/25/2022 34856 IMA00 IMAGE 2000                ‐ 4 533996 UTILITY BILLING 73 5302 7408/25/2022 34856 IMA00 IMAGE 2000                ‐ 5 533996 WITH MIKE NOT CONNECTED BQ 4440 01 5302 125 8/25/2022 34856 IMA00 IMAGE 2000 699.43 6 533996 ENGINEERING 01 5302 4108/25/2022 34856 IMA00 IMAGE 2000                ‐ 7 533996 PLANNING 01 5302 1258/25/2022 34856 IMA00 IMAGE 2000                ‐ 8 533996 BLDNG 01 5302 420 8/25/2022 34856 IMA00 IMAGE 2000 8.88 9 533996 ENG/ROMAN 01 5302 410 8/25/2022 34856 IMA00 IMAGE 2000 61.15 10 533996 WWTP BQ 5601 72 5302 5708/25/2022 34856 IMA00 IMAGE 2000 836.61 11 533996 MAIL ROOM BQ 5591 01 5302 1108/25/2022 34856 IMA00 IMAGE 2000                ‐ 12 533996 CITY CLERK 01 5302 1608/25/2022 34856 IMA00 IMAGE 2000                ‐ 13 533996 CDBG 32 5792 955 8/25/2022 34856 IMA00 IMAGE 2000                ‐ 14 533996 CITY COUNCIL 01 5302 100 8/25/2022 34856 IMA00 IMAGE 2000 76.66 15 533996 REC/COMM 01 5302 600 8/25/2022 34856 IMA00 IMAGE 2000 266.58 16 533996 TRANSIT 75 5302 3508/25/2022 34856 IMA00 IMAGE 2000 166.81 17 533996 PW BQ 6267‐4878 11 5302 3008/25/2022 34856 IMA00 IMAGE 2000                ‐ 18 533996 AIRPORT 74 5302 370 8/25/2022 34856 IMA00 IMAGE 2000                ‐ 19 533996 STREET CLEANING 71 5302 530 8/25/2022 34856 IMA00 IMAGE 2000                ‐ 20 533996 REFUSE 71 5302 540 8/25/2022 34856 IMA00 IMAGE 2000                ‐ 21 533996 PARKS 01 5302 600 8/25/2022 34856 IMA00 IMAGE 2000                ‐ 22 533996 GOVT. BUILDINGS 01 5522 800 8/25/2022 34856 IMA00 IMAGE 2000 79.65 23 533996 ARMORY 71 5302 540 8/25/2022 34856 IMA00 IMAGE 2000 112.93 24 533996 CENTRAL GARAGE 81 5302 9008/25/2022 34856 IMA00 IMAGE 2000                ‐ 25 533996 PD/BQ 2881 COMM 01 5302 2008/25/2022 34856 IMA00 IMAGE 2000 2,612.22 26 533996 PD/BQ 5600‐6270 01 5302 200 8 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34856 IMA00 IMAGE 2000                ‐ 27 533996 TECH CTR NOT CONN 01 5522 800 8/25/2022 34856 IMA00 IMAGE 2000                ‐ 28 533996 MCCF BQ 76 5302 2768/25/2022 34856 IMA00 IMAGE 2000                ‐ 29 533996 BQ 3231‐37‐84 76 5302 276 8/25/2022 34856 IMA00 IMAGE 2000 153.15 30 533996 REC SUMEET 01 5302 610 8/25/2022 34856 IMA00 IMAGE 2000 1,483.63 31 533996 FIN& UB 01 5302 170 8/25/2022 34856 IMA00 IMAGE 2000                ‐ 32 533996 73 5302 740 8/25/2022 34856 IMA00 IMAGE 2000 110.11 33 533996 ANIMAL CONTR 01 5302 204 8/25/2022 34856 IMA00 IMAGE 2000 227.24 34 533996 TAXES 84 5302 1408/25/2022 34856 IMA00 IMAGE 2000 150.00 35 533996 STS BQ4739 11 5302 300 IMA00 Total 8,322.46
8/25/2022 34857 INF03 ISOLVED BENEFIT SERVICES 186.55 1 121871151 CORE SERVICE 10/01/22‐10/31/22 01 5524 120 INF03 Total 186.55
8/25/2022 34858 INT57 INTERWEST CONSULTING GROU 8,399.21 1 80768 PLAN CHECKING SERVICES JULY 1‐31,22 01 5524 420 INT57 Total 8,399.21
8/25/2022 34859 JIM01 JIM BURKE FORD 24.89 1 1490183 BRACKET FORD 72 5510 570 8/25/2022 34859 JIM01 JIM BURKE FORD 20.21 1 1491457 SOR SOCKET 75 5510 350 JIM01 Total 45.10
8/25/2022 34860 KAI01 KAISER FOUNDATION HEALTH 108,781.87 1 8/10/22 HEALTH INS PREM FOR SEP 2022BB.U.2762932150 01 2219 400 8/25/2022 34860 KAI01 KAISER FOUNDATION HEALTH 4,660.00 2 8/10/22 HEALTH INS PREM FOR SEP 2022 RETRO 01 2219 400 8/25/2022 34860 KAI01 KAISER FOUNDATION HEALTH 2,123.03 3 8/10/22 HEALTH INS PREM FOR SEP 2022 ADJ 01 2219 400 KAI01 Total 115,564.90
8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 177.61 1 132609 REPLACEMENT ON PARKS IRRIGATION 01 5711 600 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 126.92 1 133880 INSTAL AND REPLACE OLD DOCK AND BARREL DISTRI 20 5700 001 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 152.51 1 133948 REPLACE BROKEN VALVE 15TH&CLARK 20 5700 001 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 101.83 1 133949 REPLACE BROKEN VALVE 01 5711 600 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 548.02 1 133950 SPRINKLER STOCK ITEM PARK IRRIGATION 01 5711 600 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 552.49 1 133951 REPLACEMENT OF VALVE AND SPRINKLERS ON GOLD C 05 5711 650 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 257.40 1 133973 REPAIR BACK FLOW IN DISTRICT 20 5700 0018/25/2022 34861 KER04 KERN TURF SUPPLY, INC 205.12 1 133974 REPAIR BACKFLOW AT AIRPORT 01 5700 800 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 141.89 1 134027 REPAIR BACKFLOW ON AIRPORT 01 5700 800 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 491.16 1 134057 REPAIR BACKFLOW IN DISTRICT MISC PARTS 20 5700 001 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 162.45 1 134083 MISC IRRIGATION PARTS FOR PARK LOCATIONS 01 5711 600 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 242.28 1 134104 REPLACE OLD DOCK ON 20TH AND BROWNING DIST 20 5700 001 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 35.10 1 134129 REPLACED CRACKED GATE VALVE@CECIL 01 5711 600 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 53.63 1 134130 REPLACE BROKEN SPRINKLERS 01 5711 6008/25/2022 34861 KER04 KERN TURF SUPPLY, INC 139.64 1 134177 MISC SPRINKLER PARTS FOR CECIL 01 5711 600 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 88.48 1 134178 MISC SPRKLERS FOR BALL FIELD 01 5711 600 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 35.59 1 134258 DRIP IRRIGATION FOR WALMARTARE 20 5700 001 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 15.23 1 134270 DROP HOSE ON DISTRICT 20 5700 001 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 225.23 1 134375 MISC SPRINKLERS FOR ALL PARKS 01 5711 600 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 241.95 1 134376 MISC STOCK ITEM. SPRINKLERS 05 5711 650 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 241.95 1 134377 MISC SPRINKLER STOCK ITEM 01 5711 600 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 53.44 1 134412 REPLACE BROKEN VALVE 05 5711 6508/25/2022 34861 KER04 KERN TURF SUPPLY, INC 196.64 1 134413 REC CENTER REPAIRS 01 5700 800 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC 196.48 1 134414 TREE STACKS AND TIES FOR PARK TREES 01 5700 600 8/25/2022 34861 KER04 KERN TURF SUPPLY, INC (20.20) 1 497106 RETURN WRONG DRIP SIZE/DISTRICT AREAS 20 5700 0018/25/2022 34861 KER04 KERN TURF SUPPLY, INC 163.94 1 497107 REPLACED ALL DRIPS AT WALMART DISTRICT AREAS 20 5700 001 KER04 Total 4,826.78
9 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34862 KER31 KERN COUNTY PUBLIC WORKS 41.40 1 70822 GOLF COURSE 05 5700 650 8/25/2022 34862 KER31 KERN COUNTY PUBLIC WORKS 45.01 2 70822 MAINT. DISTRICTS 20 5700 001 8/25/2022 34862 KER31 KERN COUNTY PUBLIC WORKS 150.40 3 70822 REFUSE 71 5700 540 KER31 Total 236.81
8/25/2022 34863 KER92 KERN COUNTY CLERK'S 50.00 1 2022‐011 NOTICE OF EXEMPTION CEQA PERMIT 1020&1024 LEX 01 5303 125 KER92 Total 50.00
8/25/2022 34864 KIM02 KIMBALL‐MIDWEST 73.74 1 100182436 AIR HOSE 81 5520 900 8/25/2022 34864 KIM02 KIMBALL‐MIDWEST 130.93 1 100182440 PENETRATING OIL 81 5580 900 KIM02 Total 204.67
8/25/2022 34865 KIN17 KINGS MEDICAL CENTER 531.84 1 155605 PRE‐PLACEMENT EXAM 01 5524 120 KIN17 Total 531.84
8/25/2022 34866 KIW01 KIWANIS CLUB OF DELANO 100.00 1 FW2022013 REFUND FIREWORKS DEPOSIT KIWANIS CLUB OF DELA 01 3800 KIW01 Total 100.00
8/25/2022 34867 KRC00 KRC SAFETY CO., INC. 442.55 1 55537 PEDESTRIAN CROSSING SIGN 10TH/DOVER PL 11 5702 300 KRC00 Total 442.55
8/25/2022 34868 KUU00 KUUBIX 2.00 1 BP2021729 CANCELLATION OF PERMIT 01 2225 001 8/25/2022 34868 KUU00 KUUBIX 48.16 2 BP2021729 CANCELLATION OF PERMIT 01 3322 8/25/2022 34868 KUU00 KUUBIX 127.00 3 BP2021729 CANCELLATION OF PERMIT 01 3320 8/25/2022 34868 KUU00 KUUBIX 2.63 4 BP2021729 CANCELLATION OF PERMIT 01 2225 8/25/2022 34868 KUU00 KUUBIX 43.50 5 BP2021729 CANCELLATION OF PERMIT 01 3320 8/25/2022 34868 KUU00 KUUBIX 2.00 1 BP2022051 CANCELLATION OF BUILDING PERMIT 01 2225 001 8/25/2022 34868 KUU00 KUUBIX 127.00 2 BP2022051 CANCELLATION OF BUILDING PERMIT 01 3320 8/25/2022 34868 KUU00 KUUBIX 2.63 3 BP2022051 CANCELLATION OF BUILDING PERMIT 01 2225 8/25/2022 34868 KUU00 KUUBIX 43.50 4 BP2022051 CANCELLATION OF BUILDING PERMIT 01 3320 KUU00 Total 398.42
8/25/2022 34869 LAU05 LAUREL AG & WATER SOUTH 26.61 1 19820 REPAIR LEAK AT SOCCER PARK 01 5711 600 LAU05 Total 26.61
8/25/2022 34870 LAW11 LAWSON PRODUCTS, INC 156.82 1 309739598 NUTS AND BOLTS 81 5580 900 8/25/2022 34870 LAW11 LAWSON PRODUCTS, INC 257.38 1 309761407 WIRE NUTS AND BOLTS 81 5580 900 LAW11 Total 414.20
8/25/2022 34871 LIE02 LIEBERT CASSIDY WHITMORE 4,689.50 1 223042 GENERAL CLIENT/MATTER NO.DE010‐00001 01 5529 190 8/25/2022 34871 LIE02 LIEBERT CASSIDY WHITMORE 2,033.50 1 223044 ANTONIA ALVAREZ, PEACE OFF TERMINATION 01 5529 190 LIE02 Total 6,723.00
8/25/2022 34872 LIN08 LINCOLN NATIONAL LIFE IN. 2,326.64 1 09/2022 LIFE INS PREM BASIC LIFE, AD&D 01 2219 4208/25/2022 34872 LIN08 LINCOLN NATIONAL LIFE IN. 119.62 2 09/2022 LIFE INS PREM BASIC LIFE, AD&D 01 2219 420 LIN08 Total 2,446.26
8/25/2022 34873 LOS10 LOS PRIMOS AUTO GLASS 60.00 1 2143 R.H SIDE GLASS/ LABOR 71 5510 540 8/25/2022 34873 LOS10 LOS PRIMOS AUTO GLASS 289.00 1 2158 PETERBELT/WINDSHIELD/LABOR 71 5510 540 LOS10 Total 349.00
8/25/2022 34874 MAD11 JOSE MADRIGAL 177.00 1 FTO 08/22 FTO UPDATE 01 5440 200 MAD11 Total 177.00
8/25/2022 34875 MAL07 VERONICA MALDONADO 320.00 1 CLETS CLETS USERS GROUP 01 5400 200 MAL07 Total 320.00
8/25/2022 34876 MARF8 MAR‐CO EQUIPMENT COMPANY 426.42 1 187639 MAINT & OPERATION ‐ ST CLEANING 71 5510 530 MARF8 Total 426.42
8/25/2022 34877 MAT12 MATSON ALARM CO., INC 300.00 1 2995993 JULY‐AUG COMM CITY MANGER 01 5522 110 8/25/2022 34877 MAT12 MATSON ALARM CO., INC 150.00 2 2995993 JULY‐AUG COMMCITY CLERKS 01 5522 1608/25/2022 34877 MAT12 MATSON ALARM CO., INC 150.00 3 2995993 JULY‐AUG COM ENGINEERING 01 5522 410 10 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34877 MAT12 MATSON ALARM CO., INC 6.00 1 2997072 JULY‐AUG COMM CITY MAN 01 5522 110 8/25/2022 34877 MAT12 MATSON ALARM CO., INC 3.00 2 2997072 JULY‐AUG COMM CITY CLERK 01 5522 1608/25/2022 34877 MAT12 MATSON ALARM CO., INC 3.00 3 2997072 JULY‐AUG COMM ENGINEERING 01 5522 410 MAT12 Total 612.00
8/25/2022 34878 MES00 MESA ENERGY SYSTEMS INC 227.12 1 960007536 JULY A/C SERVICE, CITY HALL 01 5700 800 MES00 Total 227.12
8/25/2022 34879 MSS01 M & S SECURITY SERVICES 5.00 1 82280 LATE CHARGES INV 75 5534 350 MSS01 Total 5.00
8/25/2022 34880 MUN17 AVENU INSIGHTS & ANALYTIC 500.00 1 06‐014702 SALES TAX ‐ STARTS SERVICE FOR 2ST QRT 2022 D 01 5522 170 MUN17 Total 500.00
8/25/2022 34881 NEX02 NEXT PHASE ELECTRIC 2.00 1 BP2022005 CANCELLATION OF PERMIT ‐ REFUND 01 2225 001 8/25/2022 34881 NEX02 NEXT PHASE ELECTRIC 136.00 2 BP2022005 CANCELLATION OF PERMIT ‐ REFUND 01 3320 8/25/2022 34881 NEX02 NEXT PHASE ELECTRIC 8.74 3 BP2022005 CANCELLATION OF PERMIT ‐ REFUND 01 2225 8/25/2022 34881 NEX02 NEXT PHASE ELECTRIC 43.50 4 BP2022005 CANCELLATION OF PERMIT ‐ REFUND 01 3320 8/25/2022 34881 NEX02 NEXT PHASE ELECTRIC 2.00 1 BP2022486 CANCELATION OF PERMIT 01 2225 001 8/25/2022 34881 NEX02 NEXT PHASE ELECTRIC 95.50 2 BP2022486 CANCELATION OF PERMIT 01 3320 8/25/2022 34881 NEX02 NEXT PHASE ELECTRIC 2.94 3 BP2022486 CANCELATION OF PERMIT 01 2225 8/25/2022 34881 NEX02 NEXT PHASE ELECTRIC 43.50 4 BP2022486 CANCELATION OF PERMIT 01 3320 NEX02 Total 334.18
8/25/2022 34882 NGL00 NGLIC 3,029.19 1 657095 VISION PREMIUM 01 2219 430 NGL00 Total 3,029.19
8/25/2022 34883 NOR01 KERN MACHINERY 9,482.34 1 101976513 REPAIR OF JOHN DEERE TRACTOR TRANSMISSION 72 5510 570 8/25/2022 34883 NOR01 KERN MACHINERY 185.63 1 103972267 AIR FILTER#331 WATER 73 5510 720 NOR01 Total 9,667.97
8/25/2022 34884 NVB01 NVB EQUIPMENT INC 582.16 1 DI98864 BURGA CLIP 81 87AH 900 8/25/2022 34884 NVB01 NVB EQUIPMENT INC 18.77 1 DI99744 BURGA CLIP# 3517 DART 75 5510 350 8/25/2022 34884 NVB01 NVB EQUIPMENT INC 923.47 1 SA96160 A/C SERVICE AND REPAIR 71 5510 540 8/25/2022 34884 NVB01 NVB EQUIPMENT INC 508.40 1 SA96686 A/C SERVICE AND REPAIR 71 5510 540 8/25/2022 34884 NVB01 NVB EQUIPMENT INC 280.88 1 SA96687 A/C SERVICE AND REPAIR 11 5110 300 8/25/2022 34884 NVB01 NVB EQUIPMENT INC 592.69 1 SA96688 A/C SERVICE AND REPAIR 73 5520 720 8/25/2022 34884 NVB01 NVB EQUIPMENT INC 327.69 1 SA96689 A/C SERVICE AND REPAIR 11 5510 300 8/25/2022 34884 NVB01 NVB EQUIPMENT INC 352.69 1 SA97136 A/C SERVICE AND REPAIR 71 5510 540 8/25/2022 34884 NVB01 NVB EQUIPMENT INC 191.23 1 DI97639B BLOWER MOTOR#3518 DART 75 5510 350 8/25/2022 34884 NVB01 NVB EQUIPMENT INC 601.75 1 DI99498A A/C COMPRESSOR#3517 DART 75 5510 350 NVB01 Total 4,379.73
8/25/2022 34885 OFF07 OFFICE DEPOT, INC 106.47 1 330651001 OFFICE SUPPLIES 75 5300 350 8/25/2022 34885 OFF07 OFFICE DEPOT, INC 19.76 1 427266001 OFFICE SUPPLIES 01 5300 204 8/25/2022 34885 OFF07 OFFICE DEPOT, INC 19.77 2 427266001 OFFICE SUPPLIES 11 5300 300 8/25/2022 34885 OFF07 OFFICE DEPOT, INC 19.77 3 427266001 OFFICE SUPPLIES 71 5300 530 8/25/2022 34885 OFF07 OFFICE DEPOT, INC 19.77 4 427266001 OFFICE SUPPLIES 71 5300 540 8/25/2022 34885 OFF07 OFFICE DEPOT, INC 19.77 5 427266001 OFFICE SUPPLIES 01 5300 600 8/25/2022 34885 OFF07 OFFICE DEPOT, INC 19.77 6 427266001 OFFICE SUPPLIES 73 5300 720 8/25/2022 34885 OFF07 OFFICE DEPOT, INC 19.77 7 427266001 OFFICE SUPPLIES 01 5300 800 8/25/2022 34885 OFF07 OFFICE DEPOT, INC 19.77 8 427266001 OFFICE SUPPLIES 81 5300 900 OFF07 Total 264.62
8/25/2022 34886 OMN05 OMNI TRANSPORTATION 495.00 1 22‐1245 TOW SERVICES 71 5510 540 OMN05 Total 495.00
8/25/2022 34887 ONE01 ONE SOURCE PARTS, LLC 256.38 1 834622 BELT GRIPPER AND SPRING BELT 71 5510 540 11 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account ONE01 Total 256.38
8/25/2022 34888 ONT05 ONTRAC 14.22 1 9235847 ECON DEPT 32 5792 955 ONT05 Total 14.22
8/25/2022 34889 PAC16 PACIFIC TIRE #6 445.97 1 3059 NEW TIRE 71 5510 5408/25/2022 34889 PAC16 PACIFIC TIRE #6 330.00 1 3070 NEW TIRES 01 5510 6008/25/2022 34889 PAC16 PACIFIC TIRE #6 50.41 1 3072 REPAIRED FLATS 71 5510 540 8/25/2022 34889 PAC16 PACIFIC TIRE #6 885.70 1 3076 NEW TIRES 71 5510 540 8/25/2022 34889 PAC16 PACIFIC TIRE #6 452.85 1 3077 NEW TIRES 71 5510 5308/25/2022 34889 PAC16 PACIFIC TIRE #6 885.70 1 3080 NEW TIRES 71 5510 5408/25/2022 34889 PAC16 PACIFIC TIRE #6 294.47 1 3081 NEW TIRES 01 5510 6008/25/2022 34889 PAC16 PACIFIC TIRE #6 42.16 1 3083 RAPAIR FLATS 73 5510 720 8/25/2022 34889 PAC16 PACIFIC TIRE #6 265.00 1 3084 NEW TIRES 01 5510 200 8/25/2022 34889 PAC16 PACIFIC TIRE #6 89.62 1 3086 REPAIR FLAT 73 5510 720 8/25/2022 34889 PAC16 PACIFIC TIRE #6 562.89 1 3089 NEW TIRES 71 5510 5408/25/2022 34889 PAC16 PACIFIC TIRE #6 562.89 1 3091 NEW TIRES 71 5510 5408/25/2022 34889 PAC16 PACIFIC TIRE #6 156.77 1 3093 FLAT REPAIR 11 5510 3008/25/2022 34889 PAC16 PACIFIC TIRE #6 153.19 1 3095 TIRES 71 5510 540 8/25/2022 34889 PAC16 PACIFIC TIRE #6 581.93 1 3096 TIRES 71 5510 540 8/25/2022 34889 PAC16 PACIFIC TIRE #6 581.93 1 3097 NEW TIRES 71 5510 5408/25/2022 34889 PAC16 PACIFIC TIRE #6 50.41 1 3098 REPAIRED A FLAT 71 5510 540 8/25/2022 34889 PAC16 PACIFIC TIRE #6 22.16 1 3099 FLAT TIRE REPAIR 73 5510 720 8/25/2022 34889 PAC16 PACIFIC TIRE #6 49.32 1 3100 FLAT REPAIR 71 5510 540 8/25/2022 34889 PAC16 PACIFIC TIRE #6 309.65 1 4234 NEW TIRES FACTORY WARRANTY 75 5510 350 8/25/2022 34889 PAC16 PACIFIC TIRE #6 22.16 1 4461 FLAT REPAIR 81 5510 900 8/25/2022 34889 PAC16 PACIFIC TIRE #6 160.00 1 5501 WHEEL BALANCES 71 5510 5408/25/2022 34889 PAC16 PACIFIC TIRE #6 640.00 1 5503 NEW TIRES 71 5510 540 PAC16 Total 7,595.18
8/25/2022 34890 PAC43 PACE ANALYTICAL SERVICES 97.74 1 B454926 BACTI SAMPLING 73 5524 720 8/25/2022 34890 PAC43 PACE ANALYTICAL SERVICES 65.16 1 B454927 BACTI SAMPLING 73 5524 720 PAC43 Total 162.90
8/25/2022 34891 PER52 PERFECT CARE LANDSCAPE‐MA 11,456.36 1 16702 JULY LANDSCAPE SERVICES FOR DISTRICTS 20 5522 0018/25/2022 34891 PER52 PERFECT CARE LANDSCAPE‐MA 585.00 1 16703 JULY LANDSCAPE SERVICES P.D. 01 5522 200 PER52 Total 12,041.36
8/25/2022 34892 PLA11 PLATT 14.20 1 3C36498 PHOTO CONTROL FOR WP2 LIGHTING 73 5520 720 PLA11 Total 14.20
8/25/2022 34893 PMD00 PRIME MEDICAL DISPOSAL 232.80 1 2116 ANIMAL CONTROL MEDICAL SERV 01 5522 204 PMD00 Total 232.80
8/25/2022 34894 POR21 PORTERVILLE FORD 14.68 1 539248 HOSE WASHER#3518 DART 75 5510 350 8/25/2022 34894 POR21 PORTERVILLE FORD 115.65 1 539275 COOLANT TANK#D74 P.D. 01 5510 200 8/25/2022 34894 POR21 PORTERVILLE FORD 275.27 1 539875 POWERSTRIDE BATTERY 75 5510 350 8/25/2022 34894 POR21 PORTERVILLE FORD 329.12 1 539950 NOX SENSOR#3518 DART 75 5510 350 8/25/2022 34894 POR21 PORTERVILLE FORD 618.57 1 540090 GASKET#3518 75 5510 350 POR21 Total 1,353.29
8/25/2022 34895 POW10 POWERSTRIDE BATTERY CO,IN 122.79 1 B93838 BATTERY#D91 P.D. 01 5510 200 8/25/2022 34895 POW10 POWERSTRIDE BATTERY CO,IN 61.48 1 B93858 BATTERY 01 5520 6008/25/2022 34895 POW10 POWERSTRIDE BATTERY CO,IN 61.48 1 B93859 BATTERY 01 5520 600 8/25/2022 34895 POW10 POWERSTRIDE BATTERY CO,IN 644.02 1 B93862 BATTERY 73 5520 7208/25/2022 34895 POW10 POWERSTRIDE BATTERY CO,IN 259.36 1 B93888 BATTERY 71 5510 530 12 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34895 POW10 POWERSTRIDE BATTERY CO,IN 122.79 1 B93890 BATTERY 01 5510 200 8/25/2022 34895 POW10 POWERSTRIDE BATTERY CO,IN 122.79 1 BP3889 BATTERY 73 5520 720 POW10 Total 1,394.71
8/25/2022 34896 PRD00 PR DIAMOND PRODUCTS, INC. 940.00 1 0062356IN PREMIUM ASPHLAT 73 5700 720 PRD00 Total 940.00
8/25/2022 34897 PRE11 PREMIER ACCESS INSURANCE 10,959.17 1 09/01/22 DENTAL INSURANCE SEP22 ADJUSTMENT POLICY#1127 01 2219 410 PRE11 Total 10,959.17
8/25/2022 34898 PRI15 PRIMERA IGLESIA BAUTISTA 100.00 1 FW2022006 FIREWORKS DEPOSIT 01 3800 PRI15 Total 100.00
8/25/2022 34899 QUA06 QUAD/KNOPF, INC 27,105.00 1 114777 INTERIM ON CALL PLA SERVICES AGR#2019‐77 01 5524 125 QUA06 Total 27,105.00
8/25/2022 34900 QUI04 QUINN COMPANY 921.03 1 PC0805006 PARTS #57024WWTP 72 5520 5708/25/2022 34900 QUI04 QUINN COMPANY 357.14 1 PC0805007 STRIPWEAR #425 STREETS 11 5510 300 8/25/2022 34900 QUI04 QUINN COMPANY 324.07 1 PC0805010 FILTERS#72065 WATER 73 5510 720 QUI04 Total 1,602.24
8/25/2022 34901 RAN18 RANDSTAD 1,224.40 1 R31558751 HR TEMP‐ KATHIE VARGAS ENDING 07/17/22 01 5524 1208/25/2022 34901 RAN18 RANDSTAD 1,109.61 1 R31687897 HR TEMP‐KATHIE VARGAS ENDING 08/07/22 01 5524 120 8/25/2022 34901 RAN18 RANDSTAD 1,222.87 1 R31713244 HR TEMP‐KATHIE VARGAS ENDING 08/14/22 01 5524 120 RAN18 Total 3,556.88
8/25/2022 34902 REL09 RELIABLE TRANSLATIONS, IN 776.63 1 22554 TRANSLATION SERV FOR 08/2022 01 5524 105 REL09 Total 776.63
8/25/2022 34903 REY19 MARIBEL G REYNA 320.00 1 2022 ICMA PER DIEM/2022 ICMA ANNUAL CONFERENCE 01 5400 110 REY19 Total 320.00
8/25/2022 34904 RFD01 R & F DISPOSAL, INC 364.50 1 344614 CITY YARD CLEAN UP 71 5522 540 8/25/2022 34904 RFD01 R & F DISPOSAL, INC 91.00 1 344896 CITY YARD CLEAN UP 71 5522 540 RFD01 Total 455.50
8/25/2022 34905 ROS28 GEORGE WILLIAM ROSAS 631.00 1 19‐04789 ADJUDICATED CASE 01 2260 ROS28 Total 631.00
8/25/2022 34906 ROS29 AILEEN ROSALES 1,538.59 1 UNIFORMS UNIFORM REIMBURSEMENT 01 5190 200 8/25/2022 34906 ROS29 AILEEN ROSALES 16.23 2 UNIFORMS UNIFORM REIMBURSEMENT 01 5700 200 ROS29 Total 1,554.82
8/25/2022 34907 SAN34 SAN JOAQUIN PAINT & GLASS 258.79 1 126829 PAINT SUPPLY 01 5709 600 8/25/2022 34907 SAN34 SAN JOAQUIN PAINT & GLASS 159.66 1 126830 ROLLERS PAINT 20 5709 001 8/25/2022 34907 SAN34 SAN JOAQUIN PAINT & GLASS 158.46 1 126917 PAINTSUPPLIES 01 5709 600 8/25/2022 34907 SAN34 SAN JOAQUIN PAINT & GLASS 226.05 1 126933 PAINT SUPPLY 01 5709 6008/25/2022 34907 SAN34 SAN JOAQUIN PAINT & GLASS 297.24 1 126934 PAINT SUPPLY 20 5709 001 SAN34 Total 1,100.20
8/25/2022 34908 SANJ4 SAN JOAQUIN VALLEY AIR PO 577.00 1 S165187 WP2 GENERATOR PERMIT 73 5662 720 8/25/2022 34908 SANJ4 SAN JOAQUIN VALLEY AIR PO 607.04 1 S165407 WP4 GENERATOR PERMIT 73 5662 720 SANJ4 Total 1,184.04
8/25/2022 34909 SEL01 SELF‐HELP ENTERPRISES 19.36 1 DNOADM227 GENERAL ADMIN#7‐812‐56631 25 5524 405 8/25/2022 34909 SEL01 SELF‐HELP ENTERPRISES 350.00 1 DNOCHP822 GENERAL ADMIN 33 5792 9538/25/2022 34909 SEL01 SELF‐HELP ENTERPRISES 665.50 1 DNOHMPI22 GENERAL ADMIN JULY‐2022 34 5792 952 SEL01 Total 1,034.86
8/25/2022 34910 SER01 SERDA'S PLUMBING, INC 887.64 1 303850 REPAIR TO CUSTOMER PLUMBING AFTER WATER MAIN 73 5524 720 SER01 Total 887.64
8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 23.69 1 657941 WIPER BLADE 11 5510 300 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 48.33 1 657951 IDLER PULLEY 75 5510 350 13 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 4.63 1 657952 HANGER 75 5510 350 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 59.31 1 657988 HEADLIGHTS 01 5510 200 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 72.99 1 658042 A/C ACCUM 11 5510 300 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 144.84 1 658070 COOLANT 71 5510 540 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 12.03 1 658134 PCV ELBOW FOR CHEVY TRUCK 11 5510 300 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 23.65 1 658204 U/V DYE 75 5510 350 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 16.62 1 658255 FLASHERS 11 5510 300 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 58.95 1 658256 BRAKE PADS 01 5510 200 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 13.03 1 658262 STT LAMP 71 5510 530 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 53.28 1 658265 OIL AND FILTER 72 5510 570 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 73.49 1 658275 OIL AND FILTERS 01 5510 204 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 25.46 1 658298 SPARK PLUGS 20 5510 001 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 12.90 1 658303 WIPERS 01 5510 2048/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 4.43 1 658333 WAHER FLUID 71 5510 530 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 316.09 1 658353 ENGINE MOUNT 75 5510 350 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 55.15 1 658354 TRANSMISSION FILED 75 5510 350 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 36.18 1 658383 WIPERS 72 5510 5708/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 2.14 1 658414 FUEL FILTER 01 5510 6008/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 13.16 1 658429 FILTER HOSE 01 5510 600 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 19.85 1 658471 PCV VALVE AND CONN 20 5510 001 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 76.73 1 658503 EXHAUST WRAP 75 5510 350 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 5.80 1 658516 OIL FILTER 01 5510 6008/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 23.96 1 658538 PCV KIT 20 5510 001 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 236.55 1 658587 HYDROLIC HOSE 71 5510 5408/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 26.27 1 658673 WASHER NOZZLES WWF 75 5510 350 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 12.87 1 658815 HEAD LIGHTS 11 5510 300 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 289.68 1 658825 ANTIFREEZE 71 5510 540 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 8.78 1 658906 RADIATOR CAP 71 5510 5408/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 60.62 1 658942 AIR CONTROL VALVE 20 5510 001 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 39.80 1 658977 THROTTLE SENSOR 20 5510 001 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 76.31 1 659089 OIL AND FILTER 01 5510 200 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 9.08 1 659100 KEYLSENTRY 75 5510 3508/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 20.13 1 659104 ANTI FREEZE 01 5510 2008/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 18.59 1 659183 FITTINGS 71 5510 540 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 322.49 1 659186 SUR‐LOK PLIERS 81 87AH 900 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 25.43 1 659197 HITCH LOCK 81 5510 900 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 39.16 1 659206 AIR FILTER 01 5510 600 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 12.77 1 659315 FUEL CAP 20 5510 0018/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 49.65 1 659327 BRAKE PADS 11 5510 300 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 190.00 1 659489 BRAKE PAD AND ROTOR 01 5510 600 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 20.30 1 659505 CABIN FILTER 73 5510 720 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 393.99 1 659663 A/C COMP WITH CLUTCH 71 5510 530 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY (393.99) 1 659797 A/C COMP WITH CLUTCH CREDIT 71 5510 530 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 89.44 1 659813 WINDOW REGULATOR 11 5510 3008/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 17.09 1 659814 WEATHERSTRIP SEALANT 11 5510 300 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 82.98 1 659850 BELT 71 5510 530 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 393.99 1 659852 A/C COMP 71 5510 530 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 42.43 1 659867 VALVE AND DYE 75 5510 350 14 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 30.33 1 659870 VALVE 75 5510 350 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 12.90 1 659927 WIPERS 11 5510 3008/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY (39.16) 1 659940 FILTER CREDIT 01 5510 600 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 92.65 1 660035 OIL‐FILTERS‐WIPERS 01 5510 610 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 227.16 1 660111 BLOWER MOTOR 11 5510 3008/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 39.45 1 660128 RESISTOR 11 5510 300 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 95.52 1 660142 AIR FILTER 71 5510 530 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 87.95 1 660184 MOTOR OIL AND FILTERS 72 5510 570 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 47.12 1 660268 FILTERS 71 5510 530 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 250.88 1 660315 BRAKE PAD AND ROTATORS 74 5510 370 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY (52.03) 1 660383 BRAKE SHOES CREDIT 74 5510 370 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 39.23 1 660529 BOLTS 71 5510 540 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 34.94 1 660606 RELAY 01 5510 6008/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 47.54 1 660681 GEAR OIL 01 5510 600 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 7.78 1 660693 MOTOR OIL 01 5510 6008/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 16.66 1 660711 GEAR OIL 01 5510 600 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 47.80 1 660823 FILTERS AND OIL 01 5510 100 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 18.25 1 660883 V‐BELT TOP COG 20 5510 0018/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 5.67 1 660974 CLIPS 73 5510 7208/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 8.78 1 661032 RADIATOR CAP 71 5510 540 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 17.28 1 661061 SMALL TOOLS 81 5560 900 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 54.89 1 661066 OIL AND FILTER 01 5510 200 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 190.00 1 661107 BRAKE PADDLE AND ROTOR 73 5510 720 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 146.35 1 661156 BRAKE CHAMBER 71 5510 540 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 33.88 1 661176 OIL AND FILTER 01 5510 200 8/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY (4.88) 1 661192 FILTER 01 5510 2008/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY 13.40 1 661245 #D74 P.D. 01 5510 2008/25/2022 34912 SEV01 SEVIER'S AUTO SUPPLY (393.99) 1 U659882 AC COMP WITH CLUTCH CREDIT 71 5510 530 SEV01 Total 4,357.45
8/25/2022 34913 SIT02 SITEONE LANDSCAPE SUPPLY, 454.03 1 118478851 MAINT DIST 20 5700 0018/25/2022 34913 SIT02 SITEONE LANDSCAPE SUPPLY, (454.03) 1 118951123 CREDIT 20 5700 001 8/25/2022 34913 SIT02 SITEONE LANDSCAPE SUPPLY, 147.31 1 120189739 GOLD COURSE IRR 05 5711 6508/25/2022 34913 SIT02 SITEONE LANDSCAPE SUPPLY, 492.08 1 120843874 SOCCER PARK SPRINKLERS 01 5711 6008/25/2022 34913 SIT02 SITEONE LANDSCAPE SUPPLY, 331.83 1 121159522 GOLD COURSE IRR 05 5711 6508/25/2022 34913 SIT02 SITEONE LANDSCAPE SUPPLY, 90.15 1 121169349 REPLACE OLD CLOCK, DIST 20 5700 0018/25/2022 34913 SIT02 SITEONE LANDSCAPE SUPPLY, 442.44 1 121503372 GOLD COURSE IRR 05 5711 650 8/25/2022 34913 SIT02 SITEONE LANDSCAPE SUPPLY, 181.29 1 121618482 VALVE FOR WATER PARK 01 5700 6008/25/2022 34913 SIT02 SITEONE LANDSCAPE SUPPLY, 31.33 1 189739‐02 GENERAL SUPPLIES 05 5700 650 8/25/2022 34913 SIT02 SITEONE LANDSCAPE SUPPLY, 222.45 1 337171‐03 GLOF COURSE IRR 05 5711 650 SIT02 Total 1,938.88
8/25/2022 34914 SMA02 SMART & FINAL 5.61 1 28100 GENERAL SUPPLIES 11 5700 300 8/25/2022 34914 SMA02 SMART & FINAL 5.61 2 28100 GENERAL SUPPLIES 71 5700 530 8/25/2022 34914 SMA02 SMART & FINAL 5.61 3 28100 GENERAL SUPPLIES 71 5700 540 8/25/2022 34914 SMA02 SMART & FINAL 5.62 4 28100 GENERAL SUPPLIES 01 5700 600 8/25/2022 34914 SMA02 SMART & FINAL 5.62 5 28100 GENERAL SUPPLIES 05 5700 650 8/25/2022 34914 SMA02 SMART & FINAL 5.62 6 28100 GENERAL SUPPLIES 73 5700 720 8/25/2022 34914 SMA02 SMART & FINAL 5.62 7 28100 GENERAL SUPPLIES 01 5700 800 8/25/2022 34914 SMA02 SMART & FINAL 5.62 8 28100 GENERAL SUPPLIES 81 5700 900 15 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34914 SMA02 SMART & FINAL 6.51 1 255400 GENERAL SUPPLIES 11 5700 300 8/25/2022 34914 SMA02 SMART & FINAL 6.52 2 255400 GENERAL SUPPLIES 71 5700 530 8/25/2022 34914 SMA02 SMART & FINAL 6.52 3 255400 GENERAL SUPPLIES 71 5700 540 8/25/2022 34914 SMA02 SMART & FINAL 6.52 4 255400 GENERAL SUPPLIES 01 5700 600 8/25/2022 34914 SMA02 SMART & FINAL 6.52 5 255400 GENERAL SUPPLIES 05 5700 650 8/25/2022 34914 SMA02 SMART & FINAL 6.52 6 255400 GENERAL SUPPLIES 73 5700 720 8/25/2022 34914 SMA02 SMART & FINAL 6.52 7 255400 GENERAL SUPPLIES 01 5700 800 8/25/2022 34914 SMA02 SMART & FINAL 6.52 8 255400 GENERAL SUPPLIES 81 5700 900 8/25/2022 34914 SMA02 SMART & FINAL 63.94 1 705066 S/B SENIOR FUNDS 15 5700 680 SMA02 Total 161.02
8/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 13,392.62 1 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 01 5201 200 8/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 2,280.62 2 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 01 5201 204 8/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 3,063.29 3 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 01 5201 600 8/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 14,664.06 4 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 01 5201 800 8/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 9,081.00 5 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 01 5201 8108/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 6,175.07 6 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 05 5201 6508/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 25,295.06 7 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 11 5201 3008/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 1,691.03 8 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 20 5201 001 8/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 10,153.63 9 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 72 5201 570 8/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 141,114.14 10 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 73 5201 720 8/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 1,745.00 11 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 74 5201 370 8/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 1,218.18 12 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 75 5201 350 8/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 5,294.02 13 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 81 5201 900 8/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 8,147.37 14 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 76 5201 276 8/25/2022 34915 SOC01 SO. CALIFORNIA EDISON 1,902.93 15 JUL‐22 JULY 2022 ELECTRICITY SVC/MULTI DEPTS 81 5201 910 SOC01 Total 245,218.02
8/25/2022 34916 SOC02 SoCalGas 219.26 1 JULY‐22 NATURAL GAS CHARGES/ MULTI DEPTS 01 5239 200 8/25/2022 34916 SOC02 SoCalGas 99.03 2 JULY‐22 NATURAL GAS CHARGES/ MULTI DEPTS 01 5239 8008/25/2022 34916 SOC02 SoCalGas 30.09 3 JULY‐22 NATURAL GAS CHARGES/ MULTI DEPTS 73 5239 720 8/25/2022 34916 SOC02 SoCalGas 55.80 4 JULY‐22 NATURAL GAS CHARGES/ MULTI DEPTS 81 5239 900 8/25/2022 34916 SOC02 SoCalGas 115.01 5 JULY‐22 NATURAL GAS CHARGES/ MULTI DEPTS 76 5239 276 SOC02 Total 519.19
8/25/2022 34917 SOU38 SOUTH TULARE‐RICHGROVE RE 6.86 1 117975 ARMORY JULY SERV 01 5522 810 8/25/2022 34917 SOU38 SOUTH TULARE‐RICHGROVE RE 59.91 1 117976 CORP AYRDS JULY SERV 71 5522 540 8/25/2022 34917 SOU38 SOUTH TULARE‐RICHGROVE RE 41.88 1 117977 AIRPORT JULY SERV 74 5522 3708/25/2022 34917 SOU38 SOUTH TULARE‐RICHGROVE RE 59.91 1 117980 RECYCLABLES 01 5522 2008/25/2022 34917 SOU38 SOUTH TULARE‐RICHGROVE RE 59.91 1 117981 RECYCLABLES 01 5522 2048/25/2022 34917 SOU38 SOUTH TULARE‐RICHGROVE RE 41.88 1 117984 RECYCLABLES 72 5522 5708/25/2022 34917 SOU38 SOUTH TULARE‐RICHGROVE RE 43,665.89 1 JULY‐22 GREENWASTE(AGRREMENT#2016‐83) 71 2226 005 8/25/2022 34917 SOU38 SOUTH TULARE‐RICHGROVE RE 40,352.34 2 JULY‐22 RECYCLABLES(AGREEMENT#2016‐83) 71 2226 006 SOU38 Total 84,288.58
8/25/2022 34918 SPA20 SPARKLETTS 4.31 1 71422 DRINKING WATER‐ CORP YARD 11 5700 300 8/25/2022 34918 SPA20 SPARKLETTS 4.32 2 71422 DRINKING WATER‐ CORP YARD 71 5700 530 8/25/2022 34918 SPA20 SPARKLETTS 4.32 3 71422 DRINKING WATER‐ CORP YARD 71 5700 540 8/25/2022 34918 SPA20 SPARKLETTS 4.32 4 71422 DRINKING WATER‐ CORP YARD 73 5700 720 8/25/2022 34918 SPA20 SPARKLETTS 4.32 5 71422 DRINKING WATER‐ CORP YARD 81 5700 900 8/25/2022 34918 SPA20 SPARKLETTS 4.32 6 71422 DRINKING WATER‐ CORP YARD 01 5700 600 8/25/2022 34918 SPA20 SPARKLETTS 4.32 7 71422 DRINKING WATER‐ CORP YARD 74 5700 370 16 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34918 SPA20 SPARKLETTS 4.32 8 71422 DRINKING WATER‐ CORP YARD 01 5700 800 8/25/2022 34918 SPA20 SPARKLETTS 8.87 9 71422 CITY HALL SECON FLOOR D 01 5700 4108/25/2022 34918 SPA20 SPARKLETTS 8.87 10 71422 CITY HALL SECON FLOOR D 01 5700 4208/25/2022 34918 SPA20 SPARKLETTS 8.88 11 71422 CITY HALL SECON FLOOR D 01 5700 1258/25/2022 34918 SPA20 SPARKLETTS 163.67 12 71422 DRINKING WATER POLICE DEPT 01 5700 200 SPA20 Total 224.84
8/25/2022 34919 SPD01 SPD PRINTING & ACCURATE S 135.31 1 174407 STICKERS ON SOEED MON 01 5510 200 SPD01 Total 135.31
8/25/2022 34920 STA08 STATE BOARD OF EQUALIZATI 16.00 1 08/09/22 AIRCRAFT JET FUEL TAX JULY 1‐31,22 74 5720 370 STA08 Total 16.00
8/25/2022 34921 STA60 STATEWIDE TRAFFIC SAFETY 471.90 1 12016295 UMBRELLA 11 5700 300 STA60 Total 471.90
8/25/2022 34922 SUN05 SUNRISE ENVIRONMENTAL SCI 184.77 1 131979 GRAFFITI WIPES 11 5702 300 SUN05 Total 184.77
8/25/2022 34923 TEL02 TEL‐TEC SECURITY SYSTEMS, 375.00 1 783807 SERVICE AND REPAIR 81 5520 900 TEL02 Total 375.00
8/25/2022 34924 TER06 TERM PRO TERMITE & PEST 75.00 1 29682 GENERAL PEST CONTROL,CITY HALL 01 5522 800 8/25/2022 34924 TER06 TERM PRO TERMITE & PEST 55.00 1 29683 GENERAL PEST CONT. H.R. 01 5522 800 8/25/2022 34924 TER06 TERM PRO TERMITE & PEST 75.00 1 29704 GENERAL PEST CONT. CORP YARD 01 5522 800 8/25/2022 34924 TER06 TERM PRO TERMITE & PEST 75.00 1 29766 GENERAL PEST CONT. JEFF CENTER 01 5522 800 8/25/2022 34924 TER06 TERM PRO TERMITE & PEST 75.00 1 29776 GENERAL PEST CONT. 11TH AVE CENT 01 5522 800 8/25/2022 34924 TER06 TERM PRO TERMITE & PEST 55.00 1 29826 GENERAL PEST CONT. CIVIC CENT 01 5522 800 8/25/2022 34924 TER06 TERM PRO TERMITE & PEST 75.00 1 29827 GENERAL PEST CONT, COURT HOUSE 01 5522 800 TER06 Total 485.00
8/25/2022 34925 THA03 E.M. THARP INC 110.98 1 01P56002 KIT#5303 STREET CLEANING 71 5510 530 8/25/2022 34925 THA03 E.M. THARP INC 174.69 1 01P56730 KIT CARTRIDGE#5407 SOLID WASTE 71 5510 540 8/25/2022 34925 THA03 E.M. THARP INC 997.30 1 01P57513 DEF SENSOR#5303 STREET CLEANING 71 5510 530 THA03 Total 1,282.97
8/25/2022 34926 TRI26 TRIPLE CROWN FENCE CO., I 425.00 1 2096 KENNEL DOOR ANIMAL SHELTER 01 5700 204 8/25/2022 34926 TRI26 TRIPLE CROWN FENCE CO., I 825.00 1 2097 GATE FOR ANIMAL SHELTER 01 5700 2048/25/2022 34926 TRI26 TRIPLE CROWN FENCE CO., I 195.00 1 2098 FENCE REPAIR/VOA 01 5700 800 TRI26 Total 1,445.00
8/25/2022 34927 TRU17 TRUCK GEAR BY LINE‐X OF D 466.49 1 10535 SPRAY ON BEDLINER 73 5510 7208/25/2022 34927 TRU17 TRUCK GEAR BY LINE‐X OF D 541.24 1 10536 TOOL BOX 73 5510 720 TRU17 Total 1,007.73
8/25/2022 34928 TUR05 TURF STAR, INC 580.88 1 7236509 SPINDDLE ASSEMBLY 01 5510 600 8/25/2022 34928 TUR05 TURF STAR, INC 76.48 1 723438900 OIL SEAL 01 5510 600 8/25/2022 34928 TUR05 TURF STAR, INC 36.50 1 723438901 GASKET 01 5510 600 8/25/2022 34928 TUR05 TURF STAR, INC 30.00 1 723867200 O RINGS 01 5510 600 TUR05 Total 723.86
8/25/2022 34929 UNI65 UNIVAR SOLUTIONS 818.02 1 50469855 WELL 26 CAUSTIC 73 5717 720 8/25/2022 34929 UNI65 UNIVAR SOLUTIONS 453.56 1 50469860 WELL 26 SULFURIC FOR WATER TREATMENT 73 5717 720 UNI65 Total 1,271.58
8/25/2022 34930 VAL92 MARY VALENTI, PH.D. 500.00 1 08/08/22 JENNIFER ESPITIA 01 5524 120 VAL92 Total 500.00
8/25/2022 34931 VER11 VERIZON WIRELESS 25.02 1 912897004 PD CELL PHONE BACKUP 08/07/22 01 5203 200 VER11 Total 25.02
8/25/2022 34932 WAL15 CAPITAL ONE 161.29 1 71169 CAMERA 01 5700 204 17 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/25/2022 34932 WAL15 CAPITAL ONE 103.01 1 72501 SUPPLIES FOR JR POLICE AC 01 5617 610 8/25/2022 34932 WAL15 CAPITAL ONE 7.56 1 221660 SD CARD 01 5700 2048/25/2022 34932 WAL15 CAPITAL ONE 185.11 1 400694 DOG FOOD 01 5700 204 8/25/2022 34932 WAL15 CAPITAL ONE 23.84 1 511610 FUN POP FOR POLICE NIGHT OUT OUTREACH 75 5303 350 8/25/2022 34932 WAL15 CAPITAL ONE 2.24 1 514653 SENIOR CEMTER SUPP FOR TABLES 15 5700 680 8/25/2022 34932 WAL15 CAPITAL ONE 247.47 1 521504 DOG FOOD 01 5700 204 8/25/2022 34932 WAL15 CAPITAL ONE 10.83 1 551972 XL PINGPONG PADDLE WITH BALLS 01 5617 6108/25/2022 34932 WAL15 CAPITAL ONE 39.17 1 731855 SUPPLIES 15 5700 6808/25/2022 34932 WAL15 CAPITAL ONE 219.81 1 731865 DOG FOOD 01 5700 204 8/25/2022 34932 WAL15 CAPITAL ONE 47.32 1 761294 COFFEE 75 5700 350 8/25/2022 34932 WAL15 CAPITAL ONE 180.43 1 894504 DOG FOOD 01 5700 204 WAL15 Total 1,228.08
8/25/2022 34933 WAS13 WASCO VETERINARY CLINIC 1,817.00 1 70522 MEDICAL SERVICES 01 55211 204 WAS13 Total 1,817.00
8/25/2022 34934 WEL07 WELLS FARGO 150.00 1 Jul‐22 LEXNEX RISK DATA JUNE 2022 01 5522 200 8/25/2022 34934 WEL07 WELLS FARGO 150.00 2 Jul‐22 LEXNEX RISK DATA JULY 2022 01 5522 200 8/25/2022 34934 WEL07 WELLS FARGO 248.92 3 Jul‐22 LOGITECH COMBO CASE FOR IPAD 01 5300 410 8/25/2022 34934 WEL07 WELLS FARGO 2,149.50 4 Jul‐22 VIDEO CONFERENCING 84 5640 140 8/25/2022 34934 WEL07 WELLS FARGO 864.92 5 Jul‐22 MIRRORLESS CAMERA HR/IT 84 5700 140 8/25/2022 34934 WEL07 WELLS FARGO 864.92 6 Jul‐22 MIRRORLESS CAMERA HR/IT 01 5700 120 8/25/2022 34934 WEL07 WELLS FARGO 284.00 7 Jul‐22 GENERAL SUPPLIES 01 5400 110 8/25/2022 34934 WEL07 WELLS FARGO 216.49 8 Jul‐22 GENERAL SUPPLIES 15 5700 6808/25/2022 34934 WEL07 WELLS FARGO 72.68 9 Jul‐22 GENERAL SUPPLIES 01 5711 6108/25/2022 34934 WEL07 WELLS FARGO 477.39 10 Jul‐22 FLOOR SANDING SUPPLIES FOR CIVIC CENTER 01 5700 8108/25/2022 34934 WEL07 WELLS FARGO (91.07) 11 Jul‐22 FLOOR SANDING SUPPLIES FOR CIVIC CENTER 01 5700 810 8/25/2022 34934 WEL07 WELLS FARGO 162.80 12 Jul‐22 VOICE OF AMERICA SECURITY CAMERAS 01 5700 810 8/25/2022 34934 WEL07 WELLS FARGO 184.00 13 Jul‐22 A5R, T8R, & T6R RECERTIFICATIONS 81 5524 900 8/25/2022 34934 WEL07 WELLS FARGO 84.00 14 Jul‐22 A5R RECERTIFICATION TEST 81 5524 900 8/25/2022 34934 WEL07 WELLS FARGO 180.18 15 Jul‐22 SUPPLIES FOR COMMUNITY RESPONSE TRAILER 01 5522 200 8/25/2022 34934 WEL07 WELLS FARGO 84.48 16 Jul‐22 GENERAL SUPPLIES 01 5700 800 8/25/2022 34934 WEL07 WELLS FARGO 32.70 17 Jul‐22 SUPPLIES FOR COMMUNITY RESPONSE TRAILER 01 5700 800 8/25/2022 34934 WEL07 WELLS FARGO 139.73 18 Jul‐22 COMPUTER SUPPLIES FOR RECREATION 01 5700 610 8/25/2022 34934 WEL07 WELLS FARGO 476.40 19 Jul‐22 COMPUTER SUPPLIES FOR THE PD 01 5700 200 8/25/2022 34934 WEL07 WELLS FARGO 37.87 20 Jul‐22 BATTERIES FOR SECURITY DEVICES 01 5700 800 8/25/2022 34934 WEL07 WELLS FARGO 50.00 21 Jul‐22 IT SOFTWARE 84 5640 140 8/25/2022 34934 WEL07 WELLS FARGO 297.83 22 Jul‐22 POSTAGE FOR WELL 35 FILTER MEDIA 73 5520 720 8/25/2022 34934 WEL07 WELLS FARGO 4.14 23 Jul‐22 AG ICE FOR OVERNIGHT SAMPLE 73 5520 7208/25/2022 34934 WEL07 WELLS FARGO 200.00 24 Jul‐22 MEMBERSHIP DUES FOR R. CHAVEZ 01 5423 160 8/25/2022 34934 WEL07 WELLS FARGO 1,500.00 25 Jul‐22 CITY CLERK TRAINING N.GARCIA 01 5400 160 8/25/2022 34934 WEL07 WELLS FARGO 46.16 26 Jul‐22 SCREEN PROTECTORY/ IPAD KEYBOARD 01 5700 1608/25/2022 34934 WEL07 WELLS FARGO 162.38 27 Jul‐22 BEREAVEMENT BOUQUET 01 5304 1008/25/2022 34934 WEL07 WELLS FARGO 200.00 28 Jul‐22 CITY CLERK JOB POSTING 01 5302 120 8/25/2022 34934 WEL07 WELLS FARGO 39.00 29 Jul‐22 GENERAL SUPPLIES 01 5300 120 8/25/2022 34934 WEL07 WELLS FARGO (191.59) 30 Jul‐22 GENERAL SUPPLIES 01 5300 120 8/25/2022 34934 WEL07 WELLS FARGO 690.00 31 Jul‐22 REGISTRATION FOR APCO 2022 01 5400 200 WEL07 Total 9,767.83
8/25/2022 34935 WES67 WESTCOAST HYDRAULICS, INC 39.25 1 44816 POLLY PACK SEALS 01 5510 600 8/25/2022 34935 WES67 WESTCOAST HYDRAULICS, INC 133.00 1 44839 AIR HOSE 71 5510 540 18 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account WES67 Total 172.25
8/25/2022 34936 WES69 WESTAIR GASES & EQUIPMENT 174.26 1 11475720 NITROGEN GAS 81 5700 900 WES69 Total 174.26
8/25/2022 34937 WHI14 WHITE CAP, LP. 436.69 1 16153169 SAFETY GLOVES 11 5700 300 WHI14 Total 436.69
8/25/2022 34938 WIL02 WILLIAMS CLEANING SYSTEMS 947.38 1 55872 SERVICE AND REPAIR 72 5520 570 8/25/2022 34938 WIL02 WILLIAMS CLEANING SYSTEMS 190.83 1 611393 DEGREASER 71 5700 540 WIL02 Total 1,138.21
8/25/2022 34939 WIL24 WILBUR‐ELLIS COMPANY LLC 397.52 1 15236524 PENDULUM FOR GOLD COURSEN 05 5700 650 8/25/2022 34939 WIL24 WILBUR‐ELLIS COMPANY LLC 130.20 1 15236525 PRE EMERGED FOR FENCE 01 5700 6008/25/2022 34939 WIL24 WILBUR‐ELLIS COMPANY LLC 130.20 1 15245167 PRE‐EMERGENT FOR TREEWELLS 01 5700 6008/25/2022 34939 WIL24 WILBUR‐ELLIS COMPANY LLC 130.20 1 15245168 PRE EMERGED FOR FENCE LINES 05 5700 650 WIL24 Total 788.12
8/25/2022 34940 WIN00 WINSUPPLY OF BAKERSFIELD 643.71 1 470533 PA TOILETS 01 5700 800 WIN00 Total 643.71
8/25/2022 34941 ZEE01 ZEE MEDICAL SERVICE #34 93.72 1 34210782 FIRST AID KIT SUPPLIES 01 5522 800 ZEE01 Total 93.72
8/25/2022 34942 unW00 UNWIRED BROADBAND, LLC 279.99 1 1416588 AUGUST SYMMETRICAL SVCS 08/22/22‐09/21/22 73 5203 720 unW00 Total 279.99
8/29/2022 34943 AFF00 AFFINITY TRUCK CENTER 13,165.58 1 13022706 ENGINE FUEL INJECTION SYSTEM REPAIR 71 5510 540 AFF00 Total 13,165.58
8/29/2022 34944 BRE01 BRENNTAG PACIFIC INC 5,904.67 1 BPI263783 PURCHASE OF HYPOCHLORITE 73 5712 720 8/29/2022 34944 BRE01 BRENNTAG PACIFIC INC 1,998.61 1 BPI264116 PURCHASE OF FERRIC 73 5712 720 8/29/2022 34944 BRE01 BRENNTAG PACIFIC INC 5,240.09 1 BPI265195 PURCHASE OF FERRIC 73 5712 720 BRE01 Total 13,143.37
8/29/2022 34945 BRO10 BROUGH CONSTRUCTION, INC 51,582.74 1 220063 JULY/2022 WATER METER CONTRACT INSTALLER PROJ 08 90AY 108 BRO10 Total 51,582.74
8/29/2022 34946 CALG5 CALMAT CO DBA VULCAN MATE 1,024.61 1 73359234 CORP YARD STOCKPILE 11 860Z 300 CALG5 Total 1,024.61
8/29/2022 34947 CAN08 CANNON CORPORATION 2,114.50 1 81299 JULY 2020 WWTP‐MELCHER PARALLEL TRUNKLINE PRO 72 900S 570 CAN08 Total 2,114.50
8/29/2022 34948 COR41 CORE & MAIN LP 4,296.45 1 Q961133 BACK ORDERED WATERMAIN REPAIR PARTS 73 80AY 720 8/29/2022 34948 COR41 CORE & MAIN LP 4,296.44 2 Q961133 BACK ORDERED WATERMAIN REPAIR PARTS 08 91AK 108 8/29/2022 34948 COR41 CORE & MAIN LP 1,181.53 1 R120250 WATERMAIN REPAIR PARTS 73 80AY 7208/29/2022 34948 COR41 CORE & MAIN LP 1,181.53 2 R120250 WATERMAIN REPAIR PARTS 08 91AK 108 COR41 Total 10,955.95
8/29/2022 34949 DEP01 DEPT. OF TRANSPORTATION 3,205.74 1 SL221331 SIGNALS & LIGHTING BILLING APRIL ‐ JUNE 2022 11 5201 300 DEP01 Total 3,205.74
8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 1,932.20 1 1707690 WELL 22 METER REPLACEMENT 73 80AY 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 579.66 2 1707690 WELL 22 METER REPLACEMENT 08 91AK 1088/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 386.44 3 1707690 WELL 22 METER REPLACEMENT 73 5710 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 154.58 4 1707690 WELL 22 METER REPLACEMENT 73 5520 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 1,078.74 1 1724397 WATER SERVICE PARTS 73 80AY 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 323.62 2 1724397 WATER SERVICE PARTS 08 91AK 108 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 215.75 3 1724397 WATER SERVICE PARTS 73 5710 7208/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 86.30 4 1724397 WATER SERVICE PARTS 73 5520 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 3,760.68 1 1725388 WATER MAIN REPAIR PARTS 73 80AY 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 1,128.20 2 1725388 WATER MAIN REPAIR PARTS 08 91AK 108 19 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 752.14 3 1725388 WATER MAIN REPAIR PARTS 73 5710 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 300.85 4 1725388 WATER MAIN REPAIR PARTS 73 5520 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 2,450.81 1 1726215 WELL 24 FILTER PUMP REPLACEMENT 73 80AY 7208/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 735.24 2 1726215 WELL 24 FILTER PUMP REPLACEMENT 08 91AK 108 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 490.16 3 1726215 WELL 24 FILTER PUMP REPLACEMENT 73 5710 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 196.07 4 1726215 WELL 24 FILTER PUMP REPLACEMENT 73 5520 7208/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 3,390.72 1 1729687 WATER MAIN REPAIR PARTS 73 80AY 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 1,017.22 2 1729687 WATER MAIN REPAIR PARTS 08 91AK 108 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 678.14 3 1729687 WATER MAIN REPAIR PARTS 73 5710 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 271.26 4 1729687 WATER MAIN REPAIR PARTS 73 5520 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 2,248.49 1 168914315 WESTSIDE METER PROJECT 08 90AY 108 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 2,365.17 1 1726215‐1 WELL 24 FILTER PUMP REPLACMENT 73 80AY 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 709.55 2 1726215‐1 WELL 24 FILTER PUMP REPLACMENT 08 91AK 108 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 473.03 3 1726215‐1 WELL 24 FILTER PUMP REPLACMENT 73 5710 720 8/29/2022 34950 FER06 FERGUSON WATERWORKS #1423 189.22 4 1726215‐1 WELL 24 FILTER PUMP REPLACMENT 73 5520 720 FER06 Total 25,914.24
8/29/2022 34951 GEI06 GEI CONSULTANTS, INC 241.02 1 3114200 JUNE 25 ‐ JLY 29 PROF SERVICES 01 5528 410 GEI06 Total 241.02
8/29/2022 34952 GRA05 GRANITE CONSTRUCTION COMP 622.49 1 2284627 CORP YARD STOCKPILE 10 80ER 201 GRA05 Total 622.49
8/29/2022 34953 JAX00 JAXON ENTERPRISES DBA DEE 46,986.93 1 15447 PURCHASE OF SC3000 ASPHALT PAVING MATERIAL 12 92AB 320 8/29/2022 34953 JAX00 JAXON ENTERPRISES DBA DEE 45,598.89 1 15468 PURCHASE OF SC3000 ASPHALT PAVING MATERIAL 12 92AB 320 JAX00 Total 92,585.82
8/29/2022 34954 JMP00 JM PIPELINE CONSTRUCTION, 51,005.95 1 2270 2022 FREMONT‐GLENWOOD ALLEY FROM GARCES HIGHW 72 91AY 570 8/29/2022 34954 JMP00 JM PIPELINE CONSTRUCTION, 18,326.40 1 2271 2022 EMERGENCY MAIN‐JEFFERSON 14TH‐CECIL ALLE 72 91AY 570 JMP00 Total 69,332.35
8/29/2022 34955 KRC00 KRC SAFETY CO., INC. 930.55 1 55551 TTC FLAG STANDS 10 5700 201 KRC00 Total 930.55
8/29/2022 34956 LOO01 LOOP ELECTRIC INC. 11,867.00 1 1193 LED RETROFITS ON ISNS FOR OLD INTERSECTIONS 10 80ER 201 LOO01 Total 11,867.00
8/29/2022 34957 LOY00 LOYD'S AVIATION 1,458.33 1 195154 QUALITY ASSURANCE ASSISTANCE FOR THE DELANO 74 5524 370 8/29/2022 34957 LOY00 LOYD'S AVIATION 291.67 2 195154 QUALITY ASSURANCE ASSISTANCE FOR THE DELANO 74 5522 370 LOY00 Total 1,750.00
8/29/2022 34958 MKN00 MKN & ASSOCIATES, INC 2,508.53 1 101094 2022 PLANT 6 BLENDING TANK AND BOOSTER STATIO 08 820C 108 8/29/2022 34958 MKN00 MKN & ASSOCIATES, INC 5,957.27 1 101095 PROFESSIONAL ENGINEERING DESIGN SERVICES FOR 08 990D 108 8/29/2022 34958 MKN00 MKN & ASSOCIATES, INC 3,724.48 1 101117 JULY SERVICES TO PREPARE EMERGENCY RESPONSE P 73 5524 720 MKN00 Total 12,190.28
8/29/2022 34959 QUA06 QUAD/KNOPF, INC 2,619.00 1 114784 JUNE 26 ‐ JULY 23 PROFESSIONAL ENGINEERING AN 72 91AY 570 8/29/2022 34959 QUA06 QUAD/KNOPF, INC 2,619.00 2 114784 JUNE 26 ‐ JULY 23 PROFESSIONAL ENGINEERING AN 73 91AK 720 QUA06 Total 5,238.00
8/29/2022 34960 SEV01 SEVIER'S AUTO SUPPLY 3,436.94 1 660979 UNIT #2042 ENGINE REMANUFACTURED 01 5510 204 SEV01 Total 3,436.94
8/29/2022 34961 SOL18 SOILS ENGINEERING, INC. 2,106.89 1 33530 COMPACTION TESTING FOR ANTENNA TOWER 08 8439 108 SOL18 Total 2,106.89
8/29/2022 34962 UNI65 UNIVAR SOLUTIONS 1,380.41 1 50451817 CAUSTIC‐USED FOR WATER TREATMENT 73 5717 720 8/29/2022 34962 UNI65 UNIVAR SOLUTIONS 3,706.67 1 50451819 CAUSTIC‐USED FOR WATER TREATMENT 73 5717 720 8/29/2022 34962 UNI65 UNIVAR SOLUTIONS 1,891.68 1 50451820 CAUSTIC‐USED FOR WATER TREATMENT 73 5717 720 8/29/2022 34962 UNI65 UNIVAR SOLUTIONS 1,508.24 1 50451821 CAUSTIC‐USED FOR WATER TREATMENT 73 5717 720 20 CITY OF DELANO
WARRANT REGISTER/COUNCIL MTNG 09/19/2022
Agenda Item No. 2
Check Date Check Number Vendor ID Vendor Name Check Amount Line # Invoice # Description Expense Distribution Account 8/29/2022 34962 UNI65 UNIVAR SOLUTIONS 1,019.24 1 50451822 SULFURIC‐USED FOR WATER TREATMENT 73 5717 720 8/29/2022 34962 UNI65 UNIVAR SOLUTIONS 1,605.29 1 50451823 SULFURIC‐USED FOR WATER TREATMENT 73 5717 720 8/29/2022 34962 UNI65 UNIVAR SOLUTIONS 1,095.67 1 50451824 SULFURIC‐USED FORWATER TREATMENT 73 5717 720 8/29/2022 34962 UNI65 UNIVAR SOLUTIONS 2,232.63 1 50457610 HYPOCHLORITE‐FOR WATER TREATMENT 73 5717 7208/29/2022 34962 UNI65 UNIVAR SOLUTIONS 1,223.08 1 50457611 SULFURIC‐USED FOR WATER TREATMENT 73 5717 720 UNI65 Total 15,662.91
8/29/2022 34963 VSS01 VSS EMULTECH 1,296.35 1 20206272 WEEK 2 OVERLAYS 11 860Z 300 8/29/2022 34963 VSS01 VSS EMULTECH 1,549.06 1 202026153 WEEK 1 OVERLAYS 11 860Z 300 8/29/2022 34963 VSS01 VSS EMULTECH 1,603.99 1 202026376 WEEK 3 OVERLAYS 11 860Z 300 VSS01 Total 4,449.40
8/29/2022 34964 CALI0 CALIFORNIA CLETS USERS GR 425.00 1 22000412 REGISTRATION/CA CLETS USERS GROUP/M. HERNANDE 01 5400 200 8/29/2022 34964 CALI0 CALIFORNIA CLETS USERS GR 425.00 1 22000413 REGISTRATION/CA CLETS USERS GROUP/V. MALDONAD 01 5400 200 CALI0 Total 850.00
8/29/2022 34965 ALF08 ALFORS, CHRISTOPHER BRYAN 177.00 1 08/29/22 PER DIEM/PERISHABLE SKILLS AUG 10‐12/FRESNO 01 5440 200 ALF08 Total 177.00
8/29/2022 34966 KER26 KERN COUNTY WASTE MGT 47,939.80 1 Jul‐22 GATE FEE 71 2226 KER26 Total 47,939.80
8/29/2022 34967 MCD02 RAYMOND McDERMAND 177.00 1 08/29/22 PER DIEM/PERISHABLE SKILLS AUG10‐12/FRESNO 01 5440 200 MCD02 Total 177.00
8/30/2022 34968 SOL07 SALVADOR SOLORIO RUIZ 606.64 1 08/30/22 PER DIEM/MILEAGE/PARKING/2022 ANNUAL CONF EXP 01 5400 100 SOL07 Total 606.64
Grand Total 1,337,373.19
Sub‐Total 1,337,373.19
Less Returned Checks 0
Total 1,337,373.19
Payroll ‐ 09/02/2022 859,166.55
2,196,539.74
21 CITY OF DELANO

STAFF REPORT
September 19, 2022
Agenda Item: 3
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Viviana Alapisco, Transportation Manager
SUBJECT: Resolution to discontinue Saturday looper and dial-a-ride services and only operate as an On Demand (DART~N~G0) services
Staff recommends adopting a resolution to discontinue Saturday looper and dial-a-ride services and only operate as an On Demand (DART~N~G0) service as of September 25th and operate as an On-Demand (DART-N-GO) Services for Saturday effective October 1, 2022 for the City of Delano Transit (DART) Program.

Discussion
City of Delano – Delano Area Rapid Transit (DART), is the transit provider for the City of Delano and surrounding unincorporated County Areas under contract with Kern County. In addition to providing fixed route bus service, the department is responsible for the provision of complimentary Paratransit services (required by the Federal Americans with Disabilities Act).

DART operates four fixed routes and one Saturday Looper within the City of Delano and Dial-A-Ride operates within the City of Delano and surrounding unincorporated county.

DART funds its fixed route and paratransit services with State Transportation Development Act (TDA) which include Local Transportation Fund (LTF) and State Transit Assistance (STA) funds and the Federal Transit Administration (FTA) Section 5307 program.

Saturday Service has currently been performing at low levels for the past few years.

Transit has introduced the On Demand (DART~N~G0) since July 9, 2022. On Demand (DART~N~G0) is a micro transit program. Many transit agencies are implementing micro transit solutions that improve the rider’s experience by operating small-scale, ondemand public transit services that that can offer fixed routes and schedules, as well as flexible routes and on-demand scheduling. Spare Labs has partnered with City of Delano to do a pilot program until June 30, 2023 for Saturday Service only. The pilot program, which will enable riders to request specific pick-up and drop-off locations, is being put in place to improve existing “dial-a-ride” and ‘fixed route” bus services. The on-demand service can be requested via smartphones and by calling the office. Providing the On Demand (DART~N~G0), there will be a decrease of one driver for Saturday, and a decrease in Revenue Miles and Service Hours.

Public Hearing notices were posted for the required 30 days in the Bakersfield Californian, City Hall, bus stops, transit station and on the fixed routes and dial-a-ride services. A public hearing was held on September 6, 2022, and there were no comments received.

BUDGET IMPACT:

Attachment(s)
Resolution
RESOLUTION NO- 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO TO

DISCONTINUE SATURDAY LOOPER AND DIAL A RIDE SERVICES AND ONLY OPERATE AS AN ON DEMAND (DART~N~GO) SERVICES FOR THE CITY OF DELANO – DELANO AREA RAPID TRANSIT (DART)
WHEREAS, the City of Delano operates a public transit system DART which consists of fixed routes and dial-a-ride services for the purpose of providing transportation for the citizens of Delano and the immediate county area near Delano; and
WHEREAS, currently the cost for providing public transit service for Saturday is performing lower than existing service; and
WHEREAS, through the Transportation Development Act, the City of Delano has now changed from a rural community to a small urbanized community which must achieve a 20% fare box recovery ratio in order to continue to receive funds to support public transit services; and WHEREAS, Saturday fixed routes and dial a ride is performing at levels significantly below other existing routes, and will unlikely bring the service into acceptable performance and discontinuing the service will enhance the opportunity for the city to meet the 20% fare box recovery ratio requirement; and
WHEREAS, replacing fixed routes and dial a ride service with the ON DEMAND (DART~N~GO) services will increase ridership, decrease in revenue miles and service hours; and
WHEREAS, City of Delano Transit has provided notice of the time place of the meeting, published in a local newspaper, and included a general matter to be considered; and WHEREAS, City of Delano Transit has held at least one public meeting at which oral or written presentations could be made, as part of a regularly scheduled meeting; and WHEREAS, the Saturday looper and dial-a ride services last day of service will be September 25th and operate as an On-Demand (DART-N-GO) Services for Saturday effective October 1, 2022 in which this resolution will take effect:

NOW, THEREFORE, BE IT RESOLVED, as follows

1. The foregoing recitals are true and correct.

2. THAT THE CITY COUNCIL hereby finds that a full and fair public hearing has been held on the proposed discontinuation of the Saturday looper and dial a ride services and only operate as an On Demand (DART~N~GO) services for City of Delano Transit, and the city considered all public comments received thereon, both written and oral.

3. THAT STAFF hereby recommends to the City Council that it ADOPT the resolution to discontinue Saturday Looper and Dial A Ride services and only operate as an On Demand (DART~N~G0) services to take effect October 1, 2022.

PASSED AND ADOPTED by the City Council of the City of Delano at a regular meeting held on the 19th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Bryan Osorio, Mayor
Attest:
____________________
Ricardo Chavez, City Clerk

CITY OF DELANO

STAFF REPORT
September 19, 2022
Agenda Item: 4
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Approval of Consulting Services Agreement with QK Inc. for Park Design Services for the “2022 MLK Park Extension Design” for $58,500.00 and authorize the City Manager to execute the agreement and any other documents needed to carry out this project.

RECOMMENDATION
Approve the Consulting Services Agreement with QK Inc. for Park Design Services for the “2022 MLK Park Extension Design” for $58,500.00 and authorize the City Manager to execute the agreement and any other documents needed to carry out this project.

DISCUSSION
In 2020, the City obtained 2.5 acres from the Parkside Family Apartments Development, through a deal related to Agreement 2020-01 with the Housing Authority of Kern County. This resulted in the subject vacant acreage, with surrounding street improvements already installed, and ready for a park to be constructed.

Staff requested this Park Design services proposal from QK, Inc., who is familiar with the City of Delano and designed the Veneto and Larry Morris Parks. The scope of services requested includes the following deliverables: Concept Plan, Topographic Survey, Landscape and Irrigation Plan, Grading and Drainage Plan, Site Improvement Plan, and Bid Documents.

FISCAL IMPACT
The cost for this Park Design Services with QK, Inc. is $58,500.00, to be paid through a new appropriation from fund 59 (Park Impact Fee) under account 5524 (Professional/Technical). It is requested that the project be labeled “2022 MLK Park Extension Design.” Attachment: Proposal
Agreement
August 29, 2022
Roman Dowling
Public Works Director
City of Delano
1015 Eleventh Avenue
Delano, CA 93216
Subject: New Park Design - Delano, CA
Dear Mr. Dowling:

Thank you for the opportunity to propose on this park project. QK is pleased to offer our services to the City of Delano for the New Park Design Project (Project). Having worked with the City of Delano on the successful Veneto Park and Larry Morris Park, we look forward to working with you again on this new park for Delano. The following includes our project understanding, approach, and proposed fees and schedule for your review and consideration.

BACKGROUND/PROJECT UNDERSTANDING
The park is approximately 2.5 acres and will be attached to the north of MLK Park. The other half of the parcel is currently being constructed with multi-family housing by HAKC (Housing Authority of Kern County). Currently, Pop Warner football teams practice at MLK, and the City envisions the new park to be used for active recreation, including exercise equipment and a walking/jogging path around the site.

The Project will consist of developing a concept plan, construction plans, and bid documents for park improvements.

QK will, with the City’s input, produce improvement plans based on the City’s preferred concept selection, cost estimates, and specifications, and will provide bidding and construction support for the improvements.

APPROACH/SCOPE OF SERVICES
QK will design a Concept Plan for the park for review with City staff. Once the Concept Plan has been reviewed and any changes discussed, QK will move into the construction document phase preparing documents required to build the park including the landscape plan, irrigation plan, site dimension plan, site grading plan, play equipment plan, details, and specifications.

TASK 1.0 TOPOGRAPHIC SURVEY
QK will provide a Topographic Survey of the specified area with points taken at 50-foot intervals to collect relevant surface features at the site. We will also locate sidewalks, pavement, and above-ground indications of sub-surface utilities, including drain inlets, water valves, and electrical boxes. The elevation datum will be based on the City of Delano benchmark system. QK survey staff will collect the field data of the site, then download and post-process the data. Our scope of work will consist of the following elements:
 Spot elevations to determine contours.
 Above-ground features including fences, buildings, power poles, signs, and visible above-ground utilities within the outlined area.
 Trees, noting diameter at breast height, and drip line for trees that have canopy within the specified area of survey.
 Post process field data and review for completeness of data.  Import topographic data into AutoCAD and reduce to a readable, 40 scale CAD drawing.  Create surface to show contours
Roman Dowling, City of Delano Page 2 of 5
August 29, 2022
 Quality Assurance/Quality Management (QAQC) review of files by a professional land surveyor.  Provide CAD drawing at 1” = 40’ scale.

Deliverables:
 Topographic survey including points, planimetric data, and surface information in AutoCAD Civil 3D 2020 format
 PDF file of Survey at 1” = 40’ scale.

TASK 2.0 CONCEPT PLAN (30% COMPLETION)
QK will prepare a concept plan that will show the layout of the park including the loop walking path, tot lot, basketball court, exercise stations, picnic tables, benches, and open turf play area. QK will meet with City staff to review the concept and make modifications before moving into the construction drawings.

Deliverables:
 One (1) meeting with Staff and notes from meeting
 One (1) conceptual design plan in PDF format
 Preliminary cost estimate in PDF format
TASK 3.0 DESIGN DEVELOPMENT/CONSTRUCTION DOCUMENTS (95% &100% COMPLETION) QK will prepare Construction Plans, Specifications, and Estimates (PS&E) for bidding. Based on the approved conceptual design and construction budget, QK will prepare complete construction documents as applicable in accordance with the local and State codes, standards, and specifications. QK plans to provide the construction documents to the City for review at the 95%, and 100% stages. Subsequent submittals will address comments from the previous submittal, and the previous markup will be provided.

A draft set of plans and specifications will be submitted to City Staff for review and comment. The plans will include the following:
 Title sheet and general notes
 Demolition plan
 Grading and Drainage plans
 Landscape and Irrigation plans
 Site Improvement plans
 Detail sheets for the various amenities and site improvements Subtask 3.1 Landscape and Irrigation
QK will provide construction-level design for the landscape and irrigation for the park. The planting will be a combination of turf and low water use planting to meet the requirements of MWELO. The design will also include the play equipment, exercise area, basketball court, benches, and picnic tables. Details and specifications to build the park will also be included in the set.

Deliverables:
 One (1), 24”x36” PDF of the 95% complete PS&E documents for City review and comment  One (1) meeting to review and discuss the 95% PS&E submittal  Revise PS&E documents based on comments from the City review  One (1), 24”x36” set of the 100% complete final PS&E documents  Submit one (1) original signed set of PS&E documents for reproduction by the City Roman Dowling, City of Delano Page 3 of 5
August 29, 2022
Subtask 3.2 Site Improvement Plans
The improvement plans will describe the site plan elements within the project including play equipment, safety surfacing for play, basketball court, benches, tables, exercise equipment, loop trail, and concrete type and colors. The design will include details and specifications as required to build the project.

QK will also prepare a dimension/horizontal control plan that will locate features within the project boundaries. This plan will also provide enough information for ADA compliance review.

Deliverables:
 One (1), 24”x36” PDF of the 95% complete PS&E documents for City review and comment  One (1) meeting to review and discuss the 95% PS&E submittal  Revise PS&E documents based on comments from the City review  One (1), 24”x36” sets of the 100% complete final PS&E documents  Submit one (1) original signed set of PS&E documents for reproduction by the City Subtask 3.3 Bid Documents/Support
QK will prepare the technical specifications for the project and a bid list to be used in the bid documents. The City will provide the most current edition of the City’s “front end” documents including, but not limited to, Notice to Contractors, Information for Bidders, bidding documents, General Provisions, agreement, etc. QK will provide a complete set of bid documents for the City’s use in advertising the project for bid, and an opinion of probable construction cost (OPCC) for the project.

QK will assist the City during the bidding process by conducting a virtual pre-bid meeting, reviewing and responding to questions and RFI’s submitted by contractors, and issuing addenda(s) as necessary. For estimating purposes, three (3) RFI’s and one (1) Addenda are included in the scope.

Deliverables:
 One (1), 24”x36” PDF of the Bid Document Package
Subtask 3.4 Grading and Drainage
QK will provide grading and drainage plans for the park in accordance with the City of Delano standards.

Deliverables:
 One (1), 24”x36” PDF of the 95% complete PS&E documents for City review and comment  Revise PS&E documents based on comments from the City review  One (1), 24”x36” set of the 100% complete final PS&E documents  Submit one (1) original signed set of PS&E documents for reproduction by the City TASK 4.0 CONSTRUCTION SUPPORT (OPTIONAL SERVICE)
QK will attend the pre-construction meeting, as well as review and respond to contractor submittals. During construction, QK will coordinate with the contractor through progress photos, emails, and calls. Our proposal assumes that the City will be the lead on all Construction Management responsibilities. For estimating purposes, six (6) contractor submittals are included in the scope to be reviewed and one (1) final site visit.

SCHEDULE
QK will provide the above services in 65 business days. The schedule does not include time for City review.

Roman Dowling, City of Delano Page 4 of 5
August 29, 2022
Task Description Duration

1.0 Topographic Survey 10 Business Days

2.0 Conceptual Design (30% Completion) 10 Business Days

3.0 Design Development/Construction Documents (95% & 100% Completion) 40 Business Days

4.0 Construction Support (Optional Service) 5 Business Days Total Duration 65 Business Days

FEE ESTIMATE
Task Description Fee Type Fee Amount

1.0 Topographic Survey Fixed Fee $6,000

2.0 Conceptual Design (30% Completion) Fixed Fee $9,800

3.0 Design Development/Construction Documents (95% & 100% Completion)

3.1 Landscape and Irrigation Fixed Fee $17,200

3.2 Site Improvement Plans Fixed Fee $12,000

3.3 Bid Documents/Support Fixed Fee $2,000

3.4 Grading and Drainage Fixed Fee $6,000
Total Fee Tasks 1.0 through 3.0 Only $53,000

4.0 Construction Support (Optional Service) T&M $5,500
Total Fee with Optional Task 4.0 $58,500
Notes:

1. Expenses for reproduction, mailing, mileage, etc. are billed per our attached Charge Rate Schedule.

2. All time-and-materials fees will be invoiced monthly based on the level of effort in terms of hours relative to our Charge Rate Schedule.

3. When a Task is set on a time-and-materials fee basis, it signifies that it is not possible to accurately predict the amount of work effort required typical of on-call type services. QK will work with the client to set expectations where applicable.

4. Tasks billed by fixed fees will be invoiced monthly based on the percentage of work completed.

5. Additional Services requested in writing and approved by the client will be provided on a time-and-materials basis.

EXCLUSIONS AND ASSUMPTIONS
This proposal excludes and assumes all the following:
 Restroom Design
 Lighting Plan
 Geotechnical Report
 Preliminary Title Report
 Off-Site Street Improvements
 Storm Water Pollution Prevention Plan (SWPPP)
 Dust Control Plan
 Structural engineering and electrical engineering will be provided by others.  As-built Drawings
 Utility research and coordination
 Optional Construction Support
 Minimal meetings and coordination are planned. Additional meetings and site visits are $400 per meeting.

AUTHORIZATION OF SERVICES
In order to authorize services described herein, please sign the attached Task Order and send it back to us. Typically, we can begin our services within 10 business days of the time authorization is received depending on client needs and schedule constraints.

Roman Dowling, City of Delano Page 5 of 5
August 29, 2022
Thank you for the opportunity to propose this project. If you have any questions or would like to discuss this proposal further, please contact Christopher Mynk at (661) 616-2600. We look forward to working on this important project.

Sincerely,
John McGee, LLA Amber Aguayo
Senior Landscape Architect CFO/COO
Enclosures: Task Order
Charge Rate Schedule
P220524
sh/ti/cbm/aa
Charge Rate Schedule
1 Agreement for Professional Services
By means of this agreement between the City of Delano, a municipal corporation (“City”) 1015 Eleventh Avenue, Delano, CA 93215 and QK (“Consultant”) made this 19th day of September 2022.

Recitals
WHEREAS, Consultant represents that Consultant is experienced and well qualified in the field of civil engineering, land surveying, and landscape architecture; and WHEREAS, the City desires to contract with Consultant, to have Consultant perform professional services for a project known and described as “2022 MLK Park Extension Design” in the City of Delano in Kern County (Project) hereinafter called the “Project.” NOW THEREFORE, incorporating the foregoing Recitals herein, and for good and valuable consideration, the adequacy of which is acknowledged, the City and Consultant mutually agree as follows:

Agreement

1. Scope of Work: Consultant agrees to provide and perform certain professional services for the City in connection with the Project as set forth in Exhibit A attached hereto and incorporated by this reference. Consultant shall complete the professional services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California.

2. Time and Order of Work: The format of the work approach and work plan shall be as set forth in Exhibit A. Consultant shall complete all work and service assigned in a timely and professional workman like manner.

3. Compensation: The cost for services including approved reimbursable expenses, for shall be as set forth in Exhibit A. Such costs shall be consistent with Consultants then current fee schedule, a copy of which is attached as Exhibit A and incorporated herein by reference as if fully set forth at length. Consultant shall only be reimbursed for expenses related to the services provided as specified and set forth in Exhibit A. Any additional services provided by Consultant, including, but not limited to, services provided as a result of a change in instructions from the City, changes in law, rule or regulation, attendance at any public hearings, or otherwise beyond the scope of the Project shall be performed only after the execution by City and Consultant of a written Professional Services Authorization (PSA) specifically authorizing such Additional Services.

4. Payment Procedure:
2 (A) Consultant shall be paid for work and services rendered after receipt of an itemized invoice for the work to be submitted monthly, completed and approved by the City.

Invoices shall be detailed and supported with documentation. (B) Payments shall be made by the City within thirty (30) days after receipt and approval of the Consultant’s itemized invoice by the City unless the work or services being billed for are unacceptable to the City.

5. City’s Responsibilities:
(A) The City shall designate a representative authorized to act on its behalf with respect to orderly execution of this Agreement. The City, or its representatives, shall promptly render decisions pertaining to the progress of the work to avoid unreasonable delay in the progress of the work services to be provided herein by the Consultant.
(B) The City shall furnish the Consultant available studies, reports and other data pertinent to the Consultant’s services; obtain or authorize the Consultant to obtain or provide additional reports and data as required; furnish to the Consultant services of others required for the performance of the Consultant's services hereunder, and the Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing the Consultant's services under this Agreement.
(C) The City shall arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform services hereunder.

6. Insurance:
(A) Consultant shall procure and maintain for the duration of this Agreement, the following types and limits of insurance prior to the commencement of work by the consultant.
1) Worker’s Compensation Insurance with statutory limits as required by Statutory Law.
2) Commercial General Liability with a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00) per occurrence to protect the Consultant against claims for bodily injury or death and damage of property of others. This shall cover the use of all equipment, hoist and vehicles on the site(s) not covered by automobile liability under subsection (3) below. If the Consultant has a “claims made” policy, then the following additional requirements apply: The policy must provide a “retroactive date” which must be on or before the execution date of the Agreement; and the extended reporting period may be less than five (5) years following the completion date of this Agreement.
3 3) Automobile Liability Insurance on owned and non-owned motor vehicles used on the site(s) or in connection therewith for a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00) per occurrence.
4) Professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services under this Agreement by Consultant or its employees.

The amount of this insurance shall not be less than two million dollars ($2,000,000.00) on a combined and single-limit per claim basis. (B) All policies shall contain the following endorsement: An endorsement providing Delano within thirty (30) days written notice of cancellation or reduction of coverage in any policy, policy language or terms.
(C) All liability insurance policies required of the Consultant hereunder except professional liability, shall be primary insurance and shall name City, its officers, employees and agents as additional insured.

7. Termination of Agreement:
(A) The City may, by thirty (30) days advance written notice to consultant, terminate this Agreement, in whole or in part, at any time. Upon receipt of such notice of termination by the City, the Consultant shall discontinue all services (unless the notice directs otherwise) and deliver to the City all data, reports, estimates and such other information, materials and work product as may have been accumulated by the Consultant in performing the work and services as set forth in this Agreement. (B) If termination is for the convenience of the City, or otherwise without cause, the Consultant shall be entitled to compensation for all work performed to date of notice of termination or upon termination. Compensation for work shall be in accordance with work completed as set forth in Exhibit A, but shall not be for an amount exceeding that indicated in any approved Task Orders, PSA or other written agreement between the parties.
(C) If termination is due to the failure of the Consultant to fulfill the obligations under this Agreement, the City may request that Consultant deliver to it, in the manner and to the extent directed by the City, any work described above, and compensation for work so delivered and accepted by the City shall be the actual payments authorized by the City.

8. Indemnity:
(A) Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all 4 of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Sub consultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Sub consultants) and the City in the performance of professional services under this agreement.
(B) Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.

9. Assignment: Except for sub-consultants, as provided in Section 10(O), Consultant shall not assign or transfer any interest in this Agreement except claims for monies due or becoming due from the City under this Agreement may be assigned to a bank, trust company or other financial institution of Consultant’s choosing.

10. Miscellaneous:
(A) In connection with the performance of work under this Agreement, Consultant agrees not to discriminate against any employee or applicant because of race, sex, color, religion, handicap, age, or national origin.
(B) No member, officer or employee of the City, or member of the City Council no other public official of such locality of localities who exercise any functions or responsibilities, with respect to this Agreement, shall, during his/her tenure, and for the year thereafter, have any interest, direct, or indirect, in this Agreement or its proceeds.
(C) The Consultant has not employed any person to solicit or secure this Agreement upon any agreement for commission, percentage, brokerage, or contingent fee. (D) In the unlikely event of a dispute arising under this Agreement, Consultant shall notify the City promptly in writing of its contentions and submit its claims within five (5) business days from the date of such claim. If the dispute arises before the performance of the related work, the written notice shall be submitted prior to commencing such work. In any event, the Consultant shall proceed with the work hereunder in compliance with the instructions of the City, but such compliance shall 5 not constitute waiver of the Consultant’s rights to make a claim, provided Consultant has notified the City in writing as set forth above. (E) All documents, data, reports and test reports (the “Documents”) that are a part of the work and services by Consultant under the terms of this Agreement, shall be the property of the City; provided, however, that Consultant does not transfer or waive its intellectual property rights it may have in the Documents or to use the Documents in relation to projects beyond the scope of the applicable Project, without the written approval of Consultant. Should the City or any successor in interest modify the Documents or Consultant’s work product without the prior consent of Consultant, Consultant shall be relieved from all resulting liability and the City shall indemnify, protect, hold harmless and defend Consultant from any such claim that results with respect to the unauthorized use. The Consultant's instruments of service hereunder are the printed hard copy reports, drawings and specifications issued for the Project, whereas electronic media, including CADD files, are tools for their preparation. As a convenience to the City, the Consultant shall furnish to the City both printed hard copies and electronic media. In the event of a conflict in their content, the printed hard copies shall take precedence over the electronic media. Because data stored in electronic media form can be altered, inadvertently, it is agreed that the City shall hold the Consultant harmless from liability arising out of changes or modifications to the Consultant's data in electronic media form in the City's possession or released to others by the City. (F) This Agreement, the Project as set forth in Exhibit A, and PSA, if applicable, constitute the entire agreement between the parties and supersede any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Consultant for the City and contains all covenants and agreements between the parties with respect to rendering of such services. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged.
(G) If any provision in this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. (H) If any actions at law or in equity, including any actions for declaratory relief is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees, which may be set by the Court in the same action, or in a separate action, brought for that purpose, in addition to any other relief to which that party may be entitled. Any lawsuit pertaining to any to pertaining to any matter arising under, or growing out of this Agreement shall be instituted in Kern County, California.
(I) This Agreement will be governed by and construed in accordance with the laws of the State of California.
6 (J) Upon at least forty-eight (48) hours advance written notice, records, books, documents and papers of the Consultant shall be made available to the City or any of its duly authorized representatives at Consultants regular place of business and during regular business hours, to examine, audit or otherwise review such records pertaining to the services provided under this Agreement. (K) Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to perform the work and services it is required to perform under this Agreement.
(L) Each and every provision of the law or clause required by law to be inserted herein in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein and if, through mistake, or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party, this Agreement shall be physically amended to make sure insertion or correction.
(M) This Agreement calls for the performance of the services of Consultant as an independent contractor, and Consultant will not be considered an employee of the City for any purpose, and is not entitled to any of its benefits provided by the City to its employees. This Agreement shall not be construed as forming a partnership or any other association with Consultant other than that of an independent Contractor. Consultant shall have no authority beyond that given in this Agreement to act on behalf of the City as an agent, nor to bind the City to any contracts or obligations.
(N) Each individual executing this Agreement represents that they are duly authorized to execute and deliver this Agreement on behalf of the organization or corporation named herein and this Agreement is binding upon said corporation or organization in accordance with its terms.
(O) Consultant is authorized to use sub-consultants for the completion of the work, at Consultant’s own cost and expense as Consultant deems necessary to fulfill its duties, obligations and responsibilities under this Agreement. Consultant’s subconsultants shall comply fully with the terms of this Agreement, including, but not limited to, the insurance requirements, as applicable to the portion of the work or services performed by them.
(P) All notices, requests, demands, consents, instructions or other communications hereunder shall be in writing (which shall include e-mail or telefax) and shall be deemed to have been given or made on (A) the day of confirmed dispatch if sent by e-mail or telefax and if such day is a business day (otherwise on the first business day thereafter), (B) the day of delivery thereof to the telegraph office if sent by telegraph and if such day is a business day (otherwise on the first business day thereafter), (C) three (3) business days after deposit in the U.S. mail, if sent by certified mail, postage prepaid, return receipt requested, or (D) on the next business 7 day if sent by overnight personal delivery, in each case addressed to the party to which such notice is requested or permitted to be given or made hereunder, at the address and/or numbers set forth underneath such party's signature line to this Agreement, or to such other address of which such party shall have notified in writing the party giving such notice. As used herein, the term "business days" shall mean the hours of 9:00 a.m. through 4:00 p.m. of each Monday through Friday during the term of this Agreement, excepting Saturdays, Sundays and legal holidays observed by the State of California.
(Q) Time is of the essence under this Agreement.
(R) The Consultant shall not be responsible for warranties, other than those specifically stated elsewhere herein, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to the City or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s sub consultants, that impact project completion and/or success.
(S) The services to be performed by the Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on the Consultant's performance of its services hereunder, and no right to assert a claim against the Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Consultant's services hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.

CITY OF DELANO QK
Maribel Reyna, City Manager
Amber Aguayo CFO/COO

ATTEST APPROVED AS TO FORM
Ricardo Chavez, City Clerk Rachel H. Richman
City Attorney
Attachments: Exhibit A, Scope of Services Proposal

CITY OF DELANO

STAFF REPORT
September 19, 2022
Agenda Item: 5
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Tyson Davis, Chief of Police
SUBJECT: Acceptance of $120 donation from Serda’s Pedal Boat Rentals LLC for crime prevention and community events sponsored by the Delano Police Department.

Recommendation:

Staff recommends City Council accept a donation of $120 from Serda’s Pedal Boat Rentals LLC for crime prevention and community events.

Discussion:

The Delano Police Department received a donation of $120 from Serda’s Pedal Boat Rentals LLC. The donation was made for the intent of utilizing funds for crime prevention and community events.

BudgetImpact:

The donation will be deposited into Juvenile Diversion account 91-2233-005 for distribution related to crime prevention and community events.

Attachment(s)
Letter
Copy of check

CITY OF DELANO

STAFF REPORT
TO:

FROM:

SUBJECT: Second and Final Reading of an Ordinance amending Subsection

2.64.040 of Chapter 2.64 of the Delano Municipal Code regarding the meeting dates for the Community Law Enforcement Liaison Board Recommendation
The City Council consider the Introduction of an Ordinance to amend subsection

2.64.040 of Chapter 2.64 of the Delano Municipal Code regarding the meeting date for the Community Law Enforcement Liaison Board and to direct bringing the ordinance back for adoption at the next regular Council meeting.

Discussion
At the CLELB meeting of July 21, 2022, the board voted unanimously to request the City Council to consider amending the Municipal Code to amend Community Law Enforcement Liaison Board to conduct regular meetings every other month instead on a monthly basis.

The proposed Ordinance, as shown below with italics for additions would amend Subsection 2.64.040 to read as follows:

Regular meetings of the board shall be held on the third Thursday of each month of the calendar year at 5:30 p.m. shall take place in the months of January, March, May, July, September, November of each calendar year. Special meetings be called, upon the approval of the board, when such circumstances would cause for a special meeting to occur. All these meetings shall be open to the public and be subject subject to the Ralph M. Brown Act. The police chief or his designee shall attend all regular and special meetings of the board and shall advise the board on any matter before it, but shall not vote on any such matter.

September 19, 2022
Agenda Item: 6
Honorable Mayor Osorio and Members of the City Council
Maribel Reyna, City Manager
By: Tyson Davis, Chief of Police
Attachment
Proposed Ordinance
ORDINANCE NO. 2022 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELANO, CALIFORNIA, AMENDING SUBSECTION 2.64.040 OF
CHAPTER 2.64 OF THE DELANO MUNICIPAL CODE

REGARDING THE MEETING DATE AND TIME FOR THE

COMMUNITY LAW ENFORCEMENT LIAISON BOARD

THE CITY COUNCIL OF THE CITY OF DELANO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council of the City of Delano does hereby find that in order to encourage more community engagement in the activities of the Community Law Enforcement Liaison Board the City Council desires to amend the code to provide for regular meetings to take place on a monthly basis instead of on an every other month basis.

SECTION 2. Amendment of Subsection 2.64.040. Subsection 2.64.040 Regular and special meetings of Chapter 2.64 is here by amended to read as follows:
“Regular meetings of the board shall be held on the third Thursday of each month of the calendar year at 5:30 p.m. shall take place in the months of January, March, May, July, September, November of each calendar year. Special meetings may be called, upon the approval of the board, when such circumstances would cause for a special meeting to occur. All meetings shall be open to the public and be subject to the Ralph M. Brown Act. The police chief or his designee shall attend all regular and special meetings of the board and shall advise the board on any matter before it, but shall not vote on any such matter.”
SECTION 3. Environmental Findings. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, section 15061(b)(3) because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment.

SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption.

SECTION 6. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.

PASSED, APPROVED, AND ADOPTED ____________,___, 2022.
___________________________
BRYAN OSORIO, Mayor
ATTEST:
_____________________________
RICARDO G. CHAVEZ, City Clerk

APPROVED AS TO FORM
__________________________________
RACHEL RICHMAN, City Attorney
I, Ricardo G. Chavez, City Clerk of the City of Delano, certify Ordinance No. 2022 - ______ was adopted by the City Council at a regular meeting held ________________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTION:
________________________
Ricardo G. Chavez City Clerk
CAPER 1
OMB Control No: 2506-0117 (exp. 06/30/2018)

CITY OF DELANO

STAFF REPORT
September 19, 2022
Agenda Item: 7
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Miguel Angel Fernandez, Economic Development Specialist SUBJECT: Approval of the City’s 2021-2022 Consolidated Annual Performance and Evaluation Report

RECOMMENDATIONS
Staff recommends that Council approve, by formal resolution, the 2021-2022 CDBG Consolidated Annual Performance and Evaluation Report and authorize the City Manager to execute all necessary HUD documents.

DISCUSSION/BACKGROUND
Every year, the City of Delano must submit to HUD a Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER describes how funds were actually used and the extent to which these funds were used for activities that benefited low- and moderate-income people.

The Delano Consolidated Annual Performance and Evaluation Report (CAPER) for Program Year 2021 provides a general assessment of activities undertaken during the year to address priorities, goals, and objectives identified in the Fiscal Year (FY) 2021-2025 Consolidated Plan (CP). In addition, actions taken to affirmatively further fair housing, provide affordable housing, address the Continuum of Care, and leverage resources are described in the report. The remaining sections of the CAPER address specific projects and accomplishments in the Community Development Block Grant (CDBG) programs during Program Year 2021. Program Year 2021 is the City of Delano’s first year implementing the goals and objectives of the FY 2021-2022 Consolidated Plan.

The City of Delano’s CDBG Entitlement allocation was $579,616 for the 2021 program year.

The City’s goals and objectives were to undertake the following activities:

Activity Planned
Accomplishment
Actual
Accomplishment
Domestic Violence Shelter -Operations 1 Public Services 1 Public Services New Gym – Sec 108 Loan Repayment 1 Infrastructure
and Public Facility
1 Infrastructure
and Public Facility
Infrastructure and Public Facilities 1 Infrastructure
and Public Facility
0 Infrastructure
and Public Facility
CDBG Program Administration 1 Year of Admin 1 Year of Admin The City adopted the FY 2021-2025 Action Plan on August 2, 2021. The City of Delano has CAPER 2
OMB Control No: 2506-0117 (exp. 06/30/2018)
developed the following projects, goals, strategies, and objectives for each priority need category listed in the FY 2021-2025 Consolidated Plan and FY 2021-2022 Annual Action Plan. The fiveyear objectives represent the City’s individual targeted goals over the FY 2021-2025 Consolidated Plan period.

GOAL: PUBLIC SERVICE
- Project 1: Domestic Violence Center Operations (High Priority) – Allocated funds were used to support the efforts of Alliance Against Family Violence and Sexual Assault (AAFVSA), a non-profit in Bakersfield, regarding the operations of the Domestic Violence Center.

GOAL: INFRASTRUCTURE AND PUBLIC FACILITIES
- Project 2: New Gym – Sec 108 Loan Repayment (High Priority) – Beneficiaries have been previously reported. New gymnasium construction at the community center at 140 W. 11th Street was completed in November 2017. Loan repayment is on track. - Project 3: Waterline and Resurfacing Street Improvements (High Priority) – Activity planning is underway.

GOAL: PLANNING AND ADMINISTRATION
- Project 4: Planning and Administration (High Priority) The CAPER is subject to federal citizen participation requirements. The City of Delano follows its Citizen Participation Plan and allows the public to comment on how public funds were used during the program year.

The draft CAPER was made available to the public for review and comment for a period of 15 days beginning on September 2, 2022 and ending on September 17, 2022. Notices were published in the Bakersfield Californian in English and Spanish. The CAPER was also placed on the City’s website.

FISCAL IMPACT
None.

ATTACHMENT
Resolution
CAPER
RESOLUTION NO. 2022 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO APPROVING THE 2021 CDBG CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION

REPORT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

WHEREAS, the Community Development Block Grant Program, authorized pursuant to Title 1 of the Housing and Community Development Act of 1974, as amended (Act), requires that jurisdictions provide for the issuance of grants to attain the objective of providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and
WHEREAS, there has been presented to, and reviewed by the City Council, the 2021 Consolidated Annual Performance and Evaluation Report (CAPER) which describes how funds were actually used and the extent to which these funds were used for activities that benefited low- and moderateincome people.

IT IS NOW THEREFORE RESOLVED THAT, the City Council of the City of Delano approves as follows:

Section 1
The City Council approves the 2021 Consolidated Annual Performance and Evaluation Report (CAPER), certifying that the City of Delano has and will continue to conduct its activities in accordance with applicable statutes and regulations governing the CDBG Program.

Section 2
The City Council has determined that federal Citizen Participation requirements were met during the development of the 2021 CAPER.

Section 3
The City Manager, or his designee, is hereby authorized to execute and file the CAPER, Certifications, and all documents that are required by HUD.

PASSED AND ADOPTED by the City Council of the City of Delano at a regular meeting held on the 19th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Bryan Osorio, Mayor
I, , City Clerk of the City of Delano, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 19th day of September, 2022.

Ricardo Chavez, City Clerk
CITY OF Delano
Program Year 2021
CAPER
(Consolidated Annual Performance and Evaluation Report) For the following program:

Community Development Block Grant (CDBG)
September 19, 2022
City of Delano
City Manager’s Office
1015 11th Ave
Delano, CA 93215
FY 2021-2022 CAPER
OMB Control No: 2506-0117 (exp. 06/30/2018)

TABLE OF CONTENTS
CR-05 – Goals and Outcomes................................................................................................................ 1 CR-10 – Racial and Ethnic Composition of Families Assisted.................................................................. 6 CR-15 – Resources and Investments 91.520(a)...................................................................................... 7 CR-20 – Affordable Housing 91.520(b).................................................................................................. 9 CR-25 – Homeless and Other Special Needs 91.220(d, e); 91.320 (d, e); 91.520 (c)............................... 13 CR-30 – Public Housing 91.220(h); 91.320(j)......................................................................................... 16 CR-35 – Other Actions 91.220(j, k); 91.20 (I, j)) .................................................................................... 17 CR-40 – Monitoring 91.220; 91.320) .................................................................................................... 20 Citizen Participation Plan 91.105(d); 91;115(d) …………….…………………………………………………………………. 21 CR-45 – CDBG 91.520(c) …………………………………………………………………………………………………………………… 22 Appendices
A. Public Participation
B. IDIS Reports
FY 2021-2022 CAPER Page 1
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CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.

91.520(a)
The City of Delano (City) adopted the Fiscal Year (FY) 2021-2025 Consolidated Plan and FY 2021-2022 Annual Action Plan on May 25, 2021. FY 2021-2022 is the first year implementing the goals and objectives of the FY 2021-2025 Consolidated Plan. The Priorities identified in the FY 2021-2025 Consolidated Plan are:
• Public Services
• Infrastructure and Public Facilities
• Program Planning and Administration
The Consolidated Annual Performance and Evaluation Report (CAPER) for FY 2021-2022 provides a general assessment of activities undertaken during the year to address priorities, goals, and objectives identified in the FY 2021-2025 Consolidated Plan (Con Plan). In addition, actions taken to affirmatively further fair housing, provide affordable housing, address the Continuum of Care, and leverage resources are described in the report. The remaining sections of the CAPER address specific projects and accomplishments in the Community Development Block Grant (CDBG) programs.

The City was allocated $579,616 in CDBG Entitlement funds for FY 2021-2022. In addition to the CDBG Entitlement funds, the passage of the Coronavirus Aid, Relief, and Economic Security (CARES) Act by Congress on March 27, 2020, provided additional funding for the CDBG program to allow the City to prevent, prepare for, and respond to the community impacts of the COVID-19 pandemic (CDBG-CV). With the exception of the Utility Assistance Program, all CDBG-CV funded programs and projects were part of the third Substantial Amendment to the 2019-2020 Action Plan, which was adopted on July 16, 2021.These CDBG-CV programs continued to operate during FY 2021-2022 and are identified below with the designation CDBG-CV. All CDBG-CV expenditures and accomplishments are from the beginning of the CDBG-CV program until June 30,
The projects the City of Delano undertook with CDBG funds as part of the FY 2021-2022 Annual Action Plan, and with CDBG-CV funds through the CARES Act are listed below. Despite the challenges presented by the pandemic, the City was able to meet and exceed the goals set for most of the Public Services.

CDBG ENTITLEMENT PROGRAMS
Goal: Public Services
• Project 1: Domestic Violence Center Operations (High Priority) – Allocated funds were used to support the efforts of Alliance Against Family Violence and Sexual Assault (AAFVSA), a non-profit in Bakersfield, regarding the operations of the Domestic Violence Center. 72 persons were served in FY 2021-2022.

Goal: Infrastructure and Public Facilities
FY 2021-2022 CAPER Page 2
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• Project 2: New Gym – Sec 108 Loan Repayment (High Priority) – Beneficiaries have been previously reported. New gymnasium construction at the community center at 140 W. 11th Street was completed in November 2017. Loan repayment is on track. • Project 3: Waterline Replacement Project (High Priority) – The award of this contract was delayed due to the on-going impacts of the pandemic.

Goal: Planning and Administration
• Project 4: Planning and Administration (High Priority) – The City continues to effectively manage the Delano CDBG Program.

CDBG-CV PROGRAMS (FY 2019-2020) All activities reported for CDBG-CV Activities are cumulative.

Goal: Public Services
• Project 6: CV-Utility Assistance Program (High Priority) – Funds were used to provide assistance with utility payments to benefit low- and moderate-income residents impacted by COVID-19. 134 households were assisted. The Program was completed in FY 2021-2022. • Project 8: Mortgage and Rental Assistance Program (High Priority) – This project has been delayed.

Goal: Infrastructure and Public Facilities
• Project 7: CV-Broadband Accessibility (High Priority) – The funds allocated will be used to increase the broadband access at several public facilities to increase low- and moderate-income residents’ ability to find and obtain medical care, which can contribute to reducing the spread of COVID-19.

This project was created July 2021 as part of the third Substantial Amendment to the 2019-2020 Action Plan. The pandemic impacted the City’s ability to carry out this activity due to lack of staffing needed to develop and release the Request for Bids. This project is expected to begin in FY 2021-2022.
• Project 10: CV- Replacement of HVAC Units (High Priority) – Funds will be used for the replacement of the heating and air conditioning system at two public facilities located in Delano.

The goal is to establish appropriately ventilated spaces for youth services and activities, and thereby and reduce the likelihood of transmission of COVID-19. This project was created in July 2021 as part of the third Substantial Amendment to the 2019-2020 Action Plan, after the end of this CAPER reporting period. The City was able to release a Request for Bids soon after the Amendment was approved, but due to many contractors having closed and others that remained open being overwhelmed with other projects, no bids were received. A new bid process will be undertaken in FY 2022-2023.

Goal: Planning and Administration
• Project 9: CV-Planning and Administration (High Priority) – The City continues to manage CDBGCV funds.

FY 2021-2022 CAPER Page 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Information about leveraging CDBG funds is contained in Section CR-15 of this CAPER.

The impact of the pandemic was greater for the projects associated with the Infrastructure and Public Facilities Consolidated Plan due to unavoidable pandemic-related delays in executing contracts. Delano is a small, rural jurisdiction with fewer vendors and staffing options than other, larger, more metropolitan jurisdictions. See below for the specific reasons goals in this area were not met.

FY 2021-2022 CAPER Page 4
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Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Infrastructure
and Public
Facilities
Non-Housing
Community
Development
CDBG:
$252,751
CDBG-CV:
$374,000
Public Facility or
Infrastructure
Activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
25620 2235 8.72% 25730 0 0.00%
Public Services
Homeless
Non-Homeless
Special Needs
CDBG:
$86,942
CDBG-CV:
$85,000
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
500 447 89% 75 72 96%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date FY 2021-2022 CAPER Page 5
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Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

During FY 2021-2022, the City continued to implement the priority needs established in the City’s FY 2021- 2025 Consolidated Plan. All High Priority Needs identified in the Consolidated Plan received funding from the CDBG program. As previously noted, the CDBG-CV funds were also used to address the High Priority Needs while also being used to prevent, prepare for, and address Coronavirus.

FY 2021-2022 CAPER Page 6
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CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
CDBG
White 55
Black or African American 17
Asian 0
American Indian or American Native 0
Native Hawaiian or Other Pacific Islander 0
Total 72
Hispanic 49
Not Hispanic 23
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
In FY 2021-2022, 72 families were assisted through CDBG Entitlement funds. Approximately 76.4 percent of the 72 assisted were White and approximately 24.6 percent were Black. Of the 72 families assisted, 49 (68 percent) identified themselves as Hispanic.

According to the 2019 American Community Survey, 70.7 percent of Delano’s population is White, four percent is Black, 12.4 percent Asian, 0.7 percent is American Indian or Alaska Native, and 0.2 percent is Native Hawaiian or Other Pacific Islander. The number served is so small that conclusions cannot be drawn regarding racial or ethnic proportionality.

FY 2021-2022 CAPER Page 7
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CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 579,616 289,500
CDBG-CV public-federal 572,664 55,000
Table 3 - Resources Made Available
Narrative
The CDBG allocation for FY 2021-2022 to further the objectives of the Consolidated Plan was $579,616.

Total expenditures were $289,500 for activities undertaken through June 30, 2021, leaving a balance of $290,116 unexpended.

The City also received two allocations of CDBG-CV funds: $335,078 (CV1) and $237,586 (CV3) for a total of $572,664. Total expenditures were $55,000 for activities undertaken through June 30, 2021, leaving a balance of $517,664 unexpended. These funds were identified as FY 2019-2020 funds but continued to be allocated and expended in FY 2021-2022, and so are reported in this CAPER.

Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Table 4 – Identify the geographic distribution and location of investments Narrative
The federal funds allocated to the City of Delano are available citywide and are not concentrated in any particular neighborhood, census tract, or location. Public services were available citywide. Infrastructure and public facility improvements took place in areas where the need was the most apparent and the benefit to low- and moderate-income residents was greatest.

Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

Delano leverages federal CDBG and CDBG-CV funds with other public and private resources whenever possible. The City actively pursues funding available at the local, state, and federal levels. Federal funds will leverage additional resources as grant opportunities become available. The City also collaborates with other public and private agencies to maximize the cost-effectiveness of CDBG-funded programs. The City FY 2021-2022 CAPER Page 8
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provided leverage funding to the CDBG Waterline Replacement Project in the form of City General Funds in order to address the gap in funding and ensure the project moved forward.

Due to lower incomes and escalating housing costs, it is critically important to increase and maintain the supply of affordable housing in Delano. Housing needs are felt by a wide spectrum of the community and are greater than the resources available. As such, available public resources to serve low- and moderateincome households will need to be distributed across the spectrum of needs and heavily leveraged when possible. This means providing funds for homebuyer assistance, housing rehabilitation, and the creation or development of new housing serving the target groups. The City uses State Home and CalHOME funds, as well as local funds to address housing needs in Delano by the provision of a First-Time Homebuyer Program and a Residential Rehabilitation Program. The City did not use CDBG funds to acquire land or property to address identified needs in the FY 2021-2025 Consolidated Plan.

FY 2021-2022 CAPER Page 9
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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 0 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 0 0
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

While affordable housing is needed in Delano, the City has limited resources and identified other High Priorities in the FY 2021-2025 Consolidated Plan. Therefore, they did not allocate FY 2021-2022 CDBG funds for affordable housing activities. The City did allocate CDBG-CV funds to the Mortgage and Rent Assistance Program for those impacted by Coronavirus.

There are other housing-related services available to the residents of Delano funded through other sources. The City uses state funds to provide and expand homeownership opportunities through the City’s First-Time Homebuyer Program. The City also funded a Housing Rehabilitation Program using State funds.

Both programs are operated and monitored by Self-Help Enterprises. Additionally, the City continues to foster affordable housing development in the community through incentives such as density bonuses, FY 2021-2022 CAPER Page 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
mixed use development, and lot consolidation. In addition, fair housing as a homeless prevention strategy assists those facing unfair evictions and foreclosure frauds.

In 2011, the City of Delano applied for and received an Emergency Housing and Assistance Program Capital Development Grant from the State to construct a 24-bed shelter for victims of domestic violence. Construction of the shelter was completed during FY 2015-2016. During FY 2021-2022 the Domestic Violence Center received CDBG funding to assist in center operations and assisted 72 persons.

As the Continuum of Care for the City of Delano, the Housing Authority of the County of Kern (HACK) provides for the Section 8 Housing Choice Voucher Program and the Public Housing Program. These two programs provide housing assistance and affordable housing for lower income families and individuals.

The Section 8 program offers a voucher that pays the difference between the current fair market rent and what a tenant can afford to pay (i.e., 30 percent of household income). According to the most recent information obtainable, 122 households are currently being assisted by the Section 8 rental program. The City also collaborates with the Kern County Homeless Collaborative (KCHC) whose programs are aimed at addressing homelessness in the region.

Discuss how these outcomes will impact future annual action plans.

The City has a limited CDBG and CDBG-CV allocation and has utilized the funding in an efficient manner. The City recognizes the need to address the needs of the most vulnerable segments of its community (those who are victimized and have become homeless or at-risk of becoming homeless). In FY 2021-2022, the City allocated 15 percent of its annual CDBG allocation to assist the operations of the Domestic Violence Center in Delano. Due to the rapidly evolving nature of the pandemic, the City had to undertake several Substantial Amendments to better address the rapidly changing needs of the Delano residents. No one can predict the future, but It has become apparent that in order to serve residents effectively, the City will need to frequently reevaluate the needs of the community and continue to make Substantial Amendments as needed.

The City considers repairing/replacing the aging and inadequate public infrastructure and facilities serving its low- and moderate-income neighborhoods and residents with special needs to be an especially urgent need, which is reflected in the Consolidated Plan Priority of Infrastructure and Public Facilities. The City utilized the majority of its FY 2021-2022 CDBG allocation to fund a future infrastructure project (waterline replacement) in a low- and moderate-income neighborhood in order to create a decent and suitable living environment for low- and moderate-income residents. Also, in FY 2021-2022, CDBG funds were allocated for the repayment of a Section 108 loan for the construction of a new gymnasium, which was completed in 2014. The City also allocated a significant portion of its CDBG-CV funds to the Consolidated Plan Priority of Infrastructure and Public Facilities as it relates to preventing, preparing for, and responding to Coronavirus.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

FY 2021-2022 CAPER Page 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 7 – Number of Households Served
Narrative Information
The City funded the local Domestic Violence Center to provide temporary housing to those fleeing domestic violence. In FY 2021-2022, 72 individuals were served. The City also allocated CDBG-CV funds to a housing-related program for mortgage and rent assistance as part of the third Substantial Amendment to the FY 2019-2020 Annual Action Plan.

As noted earlier, the Section 8 Housing Choice Voucher Program and the Public Housing Program operated by HACK also have income limits. However, they are not reflected in Table 13 because they are not funded through Delano’s CDBG allocation.

Serving Persons with Worst-Case Needs:

Households with Worst-Case Needs are defined as very low-income renters who do not receive government housing assistance and who paid more than one-half of their income for rent, lived in severely inadequate conditions, or both. Housing problems in the City impacted renter-households more significantly, with 81 percent of all renter-households experiencing at least one housing problem (inadequate housing, overcrowding, cost burden of 50 percent, or cost burden of 30 percent). By comparison, about 40 percent of owner-households were affected by housing problems. Of the housing problems described above, the most common was the housing cost burden. About 77 percent of Delano households with housing problems were affected by housing costs.

The overall percentage of low and moderate income households in Delano is 56%, with multiple Census block groups over 75%. According to the 2019 American Community Survey, 22.6% of Delano residents live in poverty. Delano receives a relatively small allocation of CDBG Entitlement and CDBG-CV funds. The need for services is great, and Delano provides services to eligible residents as those residents apply for services.

Delano does not specifically target services to those with worst-case needs. However, the City continued to provide 100% of their CDBG Entitlement Public Services funds to the Domestic Violence Center (DVC), whose clients often are those with worst-case needs. Specific statistics on those served by the DVC are limited due to confidentiality concerns.

FY 2021-2022 CAPER Page 12
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The pandemic has increased the number of households paying more than 50% of their income for housing.

The City has implemented the following programs which serve low and moderated income households, many of which are experiencing worst-case needs:
• Utility Assistance Program – Funds will be used to provide assistance with utility bills low and moderate income households impacted by the pandemic.
• Rent and Mortgage Assistance Program – Funds will be used to provide short-term rent and mortgage assistance households impacted by the pandemic.

Serving Persons with Disabilities:

Adults with disabilities statistically have lower incomes. The City’s existing programs serve low and moderate income residents, which includes those with disabilities. In FY 2021-2022, the City used Safe Routes to Schools funds from the federal Department of Transportation to construct 41 ADA curb ramps and bulb-outs to improve the path of travel for those with mobility restrictions.

Programs Addressing Affordable Housing:

The Housing Authority of the County of Kern (HACK) is the provider of Section 8 Housing Choice Voucher Program and the Public Housing Program in the City of Delano. These HACK programs provide housing assistance and affordable housing for lower-income families and individuals. The most current information obtainable indicates that 122 households are currently being assisted by the Section 8 Housing Choice Voucher Program. The City also assisted HACK develop 40 units of new affordable housing by contributing $500,000 in General Funds to the project.

The City provides a First-Time Homebuyer Program and a Residential Rehabilitation Program for low and moderate-income residents using HOME and CalHOME funding received from the State. As noted above, the City used CDBG-CV to fund the Utility Assistance Program and the Rent and Mortgage Assistance Program to increase housing affordability for those impacted by the pandemic.

FY 2021-2022 CAPER Page 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City is committed to funding programs with CDBG that have a strong emphasis on addressing housing needs citywide and the ongoing “continuum of care” for the homeless. The continuum of care approach is based on the understanding that homelessness is not caused merely by a lack of shelter, but involves a variety of underlying, unmet needs—physical, economic, and social. The most effective approach to addressing homeless issues is prevention. Once a person becomes homeless, a range of services are needed to help that person transition from being homeless to living in transitional housing with supportive services, and, eventually, to achieving self-sufficiency and living in permanent housing. The City’s collaboration with the Kern County Homeless Collaborative (KCHC) continued in FY 2021-2022 and is aimed at addressing homelessness in the region.

As defined in the McKinney-Vento Act, those fleeing domestic violence are considered homeless. CDBG funds were allocated to support assistance for victims of domestic violence in Delano by funding the Domestic Violence Center (DVC) with 100 percent of the CDBG Public Services funds available for FY 2021- 2022. The DVC operates a hotline and uses a number of social media platforms to reach out to victims of domestic violence. The DVC has also forged strong ties to a variety of local agencies and collaborates with them to reach out to victims of domestic violence:
• Flood Ministries – this faith-based agency outreaches to individuals living in homeless encampments.
• Adventist Hospital and Clinica Sierra Vista – these healthcare providers refer victims of domestic violence to DVC for assistance.
• Alliance Against Family Violence and Sexual Assault – this agency collaborates with the DVC in placing victims of domestic violence
• Delano Police Department – the Police Department staff are trained to recognize the signs of domestic violence and refer possible victims to the DVC.

Addressing the emergency shelter and transitional housing needs of homeless persons In general, the homeless are more likely to suffer from substance or drug abuse than the general population. Battered women and runaway youth comprise another group in urgent need of shelter and supportive services.

Victims of domestic violence, nearly all of whom are women, sometimes become homeless in their attempt to escape abusive living environments. They suffer physical and psychological trauma as a result of the abuse they experienced, and many of them are ill equipped to fend for themselves and their FY 2021-2022 CAPER Page 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
children. In 2016, a new Domestic Violence Center opened in the City of Delano. The six-bedroom facility provides 24 available beds for women and children and serves as emergency and transitional housing. In FY 2021-2022, individuals in Delano who were considered homeless by virtue of fleeing domestic violence were provided services through the CDBG-funded Domestic Violence Center program. The City’s efforts in providing assistance to victims through the Domestic Violence Center will help prevent homelessness among these victims.

In general, the homeless are more likely to suffer from substance or drug abuse than the general population. Unaccompanied minors comprise another group in urgent need of shelter and supportive services. Homeless individuals needing assistance, but who were not victims of domestic violence were referred to organizations that include the Kern County Homeless Collaborative, Community Action Partnership of Kern, and United Way of Kern County.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City seeks to reduce the number of people living in poverty (extremely low-income households earning less than 30 percent of the AMI) by continuing to implement its anti-poverty strategy which includes providing a number of programs, including housing assistance, and economic development assistance.

As stated earlier, the limited amount of CDBG funds available, combined with the population needing services, prevents the City of Delano from funding programs directed at preventing homelessness among those being released from publicly funded institutions and systems of care. However, those institutions in and around Delano have their own discharge and reentry systems designed to ensure that those discharged have the support they need to prevent them from becoming homeless, as noted below:
• Kern Adventist Health – this is the closest hospital to Delano. The hospital follows regulatory standards to ensure that those discharged are directed to local housing resources when necessary.
• North Kern Prison and Kern Valley State Prison – both of these State institutions are located inside the City of Delano. According to the State of California Department of Corrections and Rehabilitation, both facilities have discharge services which include:
o Alternative Custody Program (ACP)
o Community Prisoner Mother Program (CPMP)
o Custody to Community Transitional Reentry Program (CCTRP) o Male Community Reentry Program (MCRP)
o Female Offender Treatment and Employment Program (FOTEP) o Parolee Service Center (PSC)
FY 2021-2022 CAPER Page 15
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o Specialized Treatment for Optimized Programming (STOP) o Transitional Housing Program (THP)
o Caltrans Parolee Work Crew Program
o Day Reporting Centers / Community-Based Coalition (CBC) These programs are designed to smooth the reentry process for the formerly incarcerated, by providing life skills, vocational training, employment, and placement assistance, as well as links to housing and community rehabilitative services and programs focused on substance abuse and cognitive-behavioral therapies.

Addressing high housing costs and housing insecurity are critical components to an anti-poverty strategy.

The City works closely with HACK to provide for the Section 8 Housing Choice Voucher Program and the Public Housing Program. These HACK programs provide housing assistance and affordable housing for lower-income families and individuals. The City also collaborates with the Kern County Homeless Collaborative to address homelessness in the region. The most current information obtainable indicates that 122 households are currently being assisted by the Section 8 rental program.

In addition, the City’s anti-poverty strategy includes policies and programs that aim to improve coordination and collaboration among City departments and non-profit agencies that provide health and social services, employment training, legal assistance, and other support services for low-income persons.

The City’s economic development strategic plan also aims to reduce poverty by creating a better business environment in the City through business attraction and retention. The City partners with the Kern Women’s Business Center (KWBC) to provide employment training, life skills training, and entrepreneurial training. During the COVID-19 pandemic, the KWBC assisted local businesses to apply for Paycheck Protection Plan funds from the federal government.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
Agencies and programs, including the Domestic Violence Shelter, the Kern County Homeless Collaborative, Community Action Partnership of Kern, and United Way of Kern County have programs which address the underlying issues which lead to homelessness. They provide services which are needed to help individuals transition from being homeless, to living in transitional housing with supportive services, and, eventually, to achieving self-sufficiency and living in permanent housing. homeless obtain.

FY 2021-2022 CAPER Page 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The public housing needs of Delano residents are met by HACK. The most recent information obtainable indicates that HACK owns three apartment complexes in Delano with a total of 132 units (and a total of 15 complexes – 865 HACK owned units – in Kern County). HACK also owns and operates other affordable units and farm worker housing in the City. However, these projects are not considered conventional public housing units.

HACK has made significant improvements to the public housing developments it owns and operates, expanded affordable housing, and continued to enhance resident services. Improvements were made at several Housing Authority facilities, including the exterior modernization at the Homer Harrison and Valle Vista developments in Delano. In early 2017, HACK also completed a scheduled comprehensive update of physical needs at all HACK properties.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The Housing Authority helps its clients become self-sufficient through a variety of specialized programs utilizing a holistic approach. HACK provides social service activities, including: the Family Self-Sufficiency (FSS) program, educational & job counseling, nutrition & parenting classes, referral networks, housing counseling, empowerment plans, emergency food referrals.

HACK housing counseling programs focus on assisting renters and first-time homebuyers, and include oneon-one pre-purchase homebuying counseling, post purchase education, financial literacy, and rental counseling.

The Housing Authority continues to seek input from public housing residents via programs through its Resident Initiatives Department. Resident Initiatives’ staff continues to work with residents to form resident councils at all sites, and to develop leadership at all sites.

Actions taken to provide assistance to troubled PHAs
HACK is not designated as “troubled”.

FY 2021-2022 CAPER Page 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City of Delano works to remove barriers to affordable housing by implementing a Housing Element that is consistent with California law and taking actions to reduce costs or provide off-setting incentives to assist in the production of safe, high-quality, affordable housing. The City is committed to removing governmental constraints that hinder the production of housing.

Delano will continue to monitor potential barriers to affordable housing through the Housing Element. In addition, actions that will be undertaken to remove barriers to affordable housing include:
• Improve the one stop process by creating a Development Review Committee (DRC) to expedite processing of affordable housing projects.
• Identify land use policies, ordinances and procedures, and other potential local state and federal regulations that may act as institutional barriers to the development and/or rehabilitation of affordable housing and develop minimum densities for single- and multi-family housing developments.
• Refer inquiries and landlord/tenant complaints concerning housing discrimination to the applicable regulatory body (State Department of Fair Employment and Housing, HUD, or private counsel) for processing; disseminating fair housing information citywide by sponsoring workshops, housing information fairs, and monitoring of affirmative marketing; and advertising fair housing laws and complaint procedures through literature displays at City offices, non-profit organizations such as Kern County Housing Authorities, property management organizations, lenders, and other such organizations.
• Sponsor workshops, housing information fairs, monitor affirmative marketing, and working closely with the State Department of Fair Employment and Housing. • Monitor the supply of vacant zoned and residential planned land. The City shall also ensure that there is at least a continual 10-year supply of planned residential land and at least a 5-year supply of zoned land to meet the needs of all economic sectors of the community.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The following are some of the programs implemented or supported by the City to eliminate obstacles to meeting underserved needs:
• The Low-Rent Public Housing Program administered by the Housing Authority of the County of Kern
FY 2021-2022 CAPER Page 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
• The Density Bonus Ordinance
• The Low Income Tax Credit Program
• First-Time Home Buyer Loan Program
Additionally, the City addressed economic opportunity needs in the community. The City of Delano has an agreement with Mission Community Services to provide an entrepreneurial training program and business counseling for residents in Delano. These services assist existing small businesses and start-up businesses improve business or success rate by providing counseling and training.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Approximately 50 percent of the housing stock in Delano was built before 1978, indicating that a significant portion of the housing stock may contain lead-based paint. The City requires that the First-Time Homebuyer Program and the Housing Rehabilitation Program both address lead-based paint hazards in homes built prior to 1978. Information on the dangers of lead-based paint is available on the City’s website, in addition, the City’s Code Enforcement program provides information to residents on leadbased paint hazards and resources for abatement.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City seeks to reduce the number of people living in poverty (extremely low- income households earning less than 30 percent of the of Area Median Income) by continuing to implement its anti-poverty strategy which includes providing a number of programs, including housing assistance and economic development assistance. This strategy will assist in reducing the number of poverty level families to the extent that those families are able to take advantage of the City’s programs and are successful in maintaining their economic independence and self-sufficiency. Many of the City’s programs strive to increase self-sufficiency of low-income families and reduce the number of households with incomes below the poverty line.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City's institutional structure encourages collaboration with various County government agencies and with neighboring jurisdictions to address needs. Many organizations play crucial roles in implementing the City’s Consolidated Plan strategy (public agencies, for-profit agencies, non-profit organizations, and private industry) many of whom are mentioned earlier in this CAPER. The City’s Economic Development Department has oversight responsibility for the coordination of these agencies. The City will continue to work with organization to help meet housing, homeless, community development, and economic development needs.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
HACK owns and operates all public housing located in the City of Delano. HACK provides social service FY 2021-2022 CAPER Page 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
activities, including: the Family Self-Sufficiency (FSS) program, educational and job counseling, nutrition and parenting classes, housing counseling, empowerment plans, and emergency food referrals. The City also works closely with a variety of other government agencies, non-profits, and for profit organizations to ensure that residents are provided with a wide range of services.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) In 2014, the City prepared its own Analysis of Impediments to Fair Housing Choice (AI). The AI identified the following impediments to fair housing choice:
• Lack of Affordable Housing Opportunities
• Lack of Access to Financing
• Lack of Awareness on Fair Housing Services
The following actions/activities were taken during FY 2021-2022 to address the impediments to fair housing choice identified in the City’s AI:
• The City of Delano has a Fair Housing complaint intake hotline. City Staff are responsible for the intake of the calls and the referral to the appropriate agency such as Department of Fair Employment & Housing (DFEH).
• Upon request, the City provided a list of affordable housing resources in the City. • The City focused efforts on providing affordable housing opportunities that are available to lowincome households and are designated as family units to offer housing choices for household types other than seniors.
• The City made an effort to provide and expand homeownership opportunities for households that speak a language other than English. Flyers regarding first-time homebuyer programs are printed in English and Spanish. The City will continue to expand its effort to reach Delano residents through increased marketing.
• The City worked with local lenders to promote the City’s First-Time Homebuyer Program. Program information was provided in English and Spanish. Information regarding the program was available at City Hall, the public library, and at community events where fair housing choice in general was promoted by the City. The City also partnered with local realtor and lending institutions and conducted community workshops, and distributed flyers regarding private and City-sponsored first-time homebuyer programs.
• The City provided brochures and information regarding homeownership, rental assistance, and housing rehabilitation assistance programs in English and Spanish. • The City has prepared and posted educational flyers regarding housing rights and examples of fair housing violations to better educate residents and property managers about fair housing.

FY 2021-2022 CAPER Page 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City of Delano has developed a monitoring system involving desk monitoring and on-site monitoring to ensure that CDBG-funded activities are carried out in a timely manner and in accordance with applicable federal regulations. Desk monitoring is carried out annually and includes a detailed review of contracts and project details to ensure compliance with CDBG program national objectives and eligibility requirements. On an ongoing basis, program staff reviews CDBG project expenditures for cost reasonableness and adequate documentation. On-site monitoring ensures consistency with the information in the application and contract. The objectives of monitoring are to assure that: the projects are carried out as described, the projects are implemented on a timely manner, and that the projects are operating in a manner that minimizes the opportunity for fraud, waste, and mismanagement.

While housing activities are not carried out with CDBG funds, the City has implemented a monitoring process to ensure proper administration of other public funds under its control. Self-Help Enterprises (SHE) administers and monitors the First-Time Home Buyer and Home Repair programs for the City of Delano utilizing State HOME and CAL-Home funding. SHE inspects the homes before, during, and after construction to ensure compliance with local, state, and federal regulations. In turn, the City monitors Self-Help Enterprises to ensure proper use of funds.

FY 2021-2022 CAPER Page 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

A 15-day review period was provided for the FY 2021-2022 CAPER. The CAPER was available for public review and comment from September 3 through September 19, 2022. The report was available at City Hall and the City’s website at www.cityofdelano.org. Notice of its availability was published in the Bakersfield Californian newspaper. The City Council reviewed the CAPER at its September 19, 2022 meeting. No comments were received prior to or during the meeting. Proof of publication for all public hearings, meetings, and general outreach efforts can be found in Appendix A.

The FY 2021-2022 CAPER includes a summary of accomplishments for each priority need that was designated in the strategic plan. The public service activities include the number of persons served during the reporting period. For public facilities, housing, and improvements, this included the number of projects assisted and the number of projects completed during the reporting period.

The FY 2021-2022 CAPER includes the standard reports generated from the Integrated Disbursements and Information System (IDIS). The IDIS information retrieval and reporting capability currently provides the basic accomplishment and program information needed to identify the eligibility and funding status of CDBG activities. The effectiveness of citizen participation is enhanced when citizens, stakeholders, and elected officials are aware of the benefits. One benefit is, of course, the variety of points of view which citizens and stakeholders can bring to local government planning in areas such as affordable housing, neighborhood revitalization, human services, and neighborhood organization.

Enabling the citizens, particularly the low to moderate income program beneficiaries, to voice their concerns, preferences, and needs allows the elected officials to better understand public sentiments. At the same time, through the process, citizens may gain the understanding that the officials elected to represent them are indeed concerned and will make choices that will best serve the community.

Citizen participation allows for identifying problems, proposing solutions to problems, goal setting, balancing needs, determining priorities, and recommending which projects should become a part of the City's Consolidated Plan Program. These goals are met through a collaborative process.

FY 2021-2022 CAPER Page 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City has not made any changes to the program objectives in the FY 2021-2025 Consolidated Plan or FY 2021-2022 Action Plan. However, changes were made during the FY 2016-2020 Consolidated Planning period in response to the pandemic and the passage of the Coronavirus Aid, Relief, and Economic Security (CARES) Act which identified additional funding for the CDBG program to allow jurisdictions to prevent, prepare for, and respond to the community impacts of the COVID-19 pandemic (CDBG-CV). Because the CDBG-CV funds continue to be used in the community, the history of the changes made in this area are listed below:
• The City received $335,078 in the first allocation of CDBG-CV funds (CV1). In August 2020, the City undertook the first amended of the FY 2019-2020 Action Plan and Citizen Participation Plan for the CDBG program to receive and allocate the CV1 funds. • The City was notified of an additional allocation of $237,586 in CDBG-CV funds (CV3) and in February 2021 the City undertook a second amendment to the FY 2019-2020 Action Plan to reallocate the CV1 funds and allocate the additional CV3 funds to a Utility Assistance Program. • As community needs continued to shift in response to the on-going pandemic, the City undertook the third amendment to the FY 2019-2020 Action Plan to reallocate a portion of the CV1 funds and a portion of the CV3 funds to a Mortgage and Rent Assistance Program.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

Not applicable.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

Not applicable.

FY 2021-2022 CAPER Page 23
OMB Control No: 2506-0117 (exp. 09/30/2021)

APPENDIX A
- Proof of Publication – 15-Day Public Comment Period
- Public Comments Received
o No public comments were received
FY 2021-2022 CAPER Page 24
OMB Control No: 2506-0117 (exp. 09/30/2021)

APPENDIX B
- PR26 – CDBG Financial Summary Report
- PR26 – CDBG Activity by Selected Grant
- PR26 – CDBG-CV Financial Summary Report
City of Delano – City Council

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on September 19th at 5:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Delano will hold a Public Hearing at the Delano City Hall, located at 1015 11th Avenue, Delano, to consider the following action:

APPROVE THE PROGRAM YEAR 2021-2022 CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (CAPER).

The CAPER describes the program year’s accomplishments for the use of federal Community Development Block Grant (CDBG) funds.

The CAPER is available for public review at the following locations:
• Delano City Hall, 1015 11th Avenue
• Delano Public Library, 925 10th Avenue
Due to the pandemic physical copies will be made available upon request at, [email protected] or (661) 720-2249.

The CAPER is also available for public review on the City’s website at www.cityofdelano.org.

Copies of the CAPER will be made available upon request and is free of charge.

The public review and comment period begins September 1, 2022 and will end September 16, 2022. The City of Delano City Council will consider approval of the CAPER and will provide an opportunity for public comment at their September 19th meeting.

Information regarding this item may be obtained in the office of the Economic Development Department, 1015 11th Avenue. Delano, California. Please email [email protected] to request a copy. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the close of the hearing scheduled herein, and oral statements may be made at said hearing.

If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 1015 11th Avenue, Delano, CA, 93215, at or prior to the close of the public hearing.

Dated:

Ricardo G. Chavez
City Clerk
Ciudad de Delano – Concilio de la Ciudad
AVISO DE AUDENCIA PÚBLICA
POR ESTE MEDIO SE AVISA al público que el 19 de septiembre, a las 5:30 p.m., o cuando el contenido pueda ser escuchado, el Concilio de la Ciudad de Delano llevara acabo una Audiencia Publica en La Cámara del Concilio de la ciudad, 1015 11th Avenue, Delano, CA, para considerar las siguientes acciones:

APROBACIÓN DEL INFORME DE FUNCIONAMIENTO ANUAL CONSOLIDADO Y EVALUACIÓN DEL PROGRAMA 2021-2022 (CAPER)
El CAPER describe los logros del año del programa para el uso de fondos federales del Programa de Subsidios Globales para el Desarrollo Comunitario (CDBG).

El CAPER está disponible para información al público en los siguientes lugares:
• Ciudad de Delano, 1015 11th Avenue
• Biblioteca Pública de Delano, 925 10th Avenue.

Debido a la pandemia copias físicas estarán disponible este ano a petición al, [email protected] o (661)-720-2249.

El CAPER también está disponible para información al público en la página de internet de la Ciudad; www.cityofdelano.org
Copias del CAPER serán disponibles cuando se pidan y serán gratuitas.

El periodo de revisión y comentario público empieza el día 1 de septiembre de 2022 y termina el 16 de septiembre de 2022. El Concilio de la Ciudad de Delano considerará aprobación del CAPER y proveerá una oportunidad para comentario público en su junta el 19 de septiembre.

Información sobre este articulo puede ser obtenido en la oficina del Departamento de Desarrollo Económico, 1015 11th Avenue, Delano, California. Por favor escriban al correo electrónico [email protected] para obtener una copia. Personas interesadas son invitadas a presentar sus opiniones y comentarios sobre esta materia. Declaraciones por escrito pueden ser sometidas con la Secretaria Municipal a cualquier hora antes del cierre de la audiencia antedicha y declaraciones orales pueden ser hechas en la audiencia.

Si desafía este contenido en la corte, pudiera ser limitado en plantear solo los puntos que usted o alguien mas planteo en la audiencia pública descrita en este aviso o en la correspondencia escrita entregada a la Secretaria Municipal de la Ciudad de Delano, 1015 Avenida Once, Delano, CA 93215, en o antes de la audiencia publica.

Fecha:

Ricardo G. Chavez
Secretaria Municipal

THE BAKERSFIELD CALIFORNIAN
3700 PEGASUS DR STE 100
BAKERSFIELD CA 93308−6803
(661)395−7207

ORDER CONFIRMATION
Salesperson: LEGALS Printed at 09/01/22 08:19 by asanc−bk −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Acct #: 89480 Ad #: 97621 Status: New
CITY OF DELANO/LEGALS ONLY Start: 09/02/2022 Stop: 09/02/2022 PO BOX 3010 Times Ord: 1 Times Run: ***
DELANO CA 93216 1LGL 3.00 X 92.00 Words: 696
Total 1LGL 276.00
Class: B0520 LEGAL NOTICES
Rate: LL Cost: 1217.16
# Affidavits: 1
Contact: Ad Descrpt: CITY OF DELANO − CITY COU
Phone: (661)721−3310 Given by: *
Fax#: P.O. #:

Email: [email protected] Created: asanc 08/31/22 16:28 Agency: Last Changed: asanc 09/01/22 08:19
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PUB ZONE EDT TP RUN DATES
CALC A 95 S 09/02
CWEB A 93 S 09/02
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AUTHORIZATION
Under this agreement rates are subject to change with 30 days notice. In the event of a cancellation before schedule completion, I understand that the rate charged will be based upon the rate for the number of insertions used. _____________________________________ _____________________________________ Name (print or type) Name (signature)
(CONTINUED ON NEXT PAGE)

THE BAKERSFIELD CALIFORNIAN
3700 PEGASUS DR STE 100
BAKERSFIELD CA 93308−6803
(661)395−7207

ORDER CONFIRMATION (CONTINUED)
Salesperson: LEGALS Printed at 09/01/22 08:19 by asanc−bk −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Acct #: 89480 Ad #: 97621 Status: New
City of Delano - City Council

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVENthat on September 19th at 5:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Delano will hold a Public Hearing at the Delano City Hall, located at 1015 11th Avenue, Delano, to consider the following action:

APPROVE THE PROGRAM YEAR 2021-2022 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER).

The CAPER describes the program years accomplishments for the use of federal Community Development Block Grant (CDBG) funds.

The CAPER is available for public review at the following locations:

Delano City Hall, 1015 11th Avenue
Delano Public Library, 925 10th Avenue
Due to the pandemic physical copies will be made available upon request at, [email protected] or (661) 720-2249.

The CAPER is also available for public review on the Citys website at www.cityofdelano.org.

Copies of the CAPER will be made available upon request and is free of charge.

The public review and comment period begins September 1, 2022 and will end September 16, 2022. The City of Delano City Council will consider approval of the CAPER and will provide an opportunity for public comment at their September 19th meeting.

Information regarding this item may be obtained in the office of the Economic Development Department, 1015 11th Avenue.

Delano, California. Please email [email protected] to request a copy. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the close of the hearing scheduled herein, and oralstatements may be made atsaid hearing.

If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 1015 11th Avenue, Delano, CA, 93215, at or prior to the close of the public hearing.

Dated:

Ricardo G. Chavez
City Clerk
Ciudad de Delano- Concilio de la Ciudad
AVISO DE AUDENCIA PÚBLICA
POR ESTE MEDIO SE AVISA al público que el 19 de septiembre, a las 5:30 p.m., o cuando el contenido pueda ser escuchado, el Concilio de la Ciudad de Delano llevara acabo una Audiencia Publica en La Cámara del Concilio de la ciudad, 1015 11th Avenue, Delano, CA, para considerar las siguientes acciones:

APROBACIÓN DEL INFORME DE FUNCIONAMIENTO ANUAL CONSOLIDADO Y EVALUACIÓN DEL PROGRAMA 2021-2022 (CAPER)
El CAPER describe los logros del año del programa para el uso de fondos federales del Programa de Subsidios Globales para el Desarrollo Comunitario (CDBG).

El CAPER está disponible para información al público en los siguientes lugares:

Ciudad de Delano, 1015 11th Avenue

Biblioteca Pública de Delano, 925 10th Avenue.

Debido a la pandemia copias físicas estarán disponible este ano a petición al, [email protected] o (661)-720-2249.

El CAPER también está disponible para información al público en la página de internet de la Ciudad; www.cityofdelano.org Copias del CAPERserán disponibles cuando se pidan y serán gratuitas.

El periodo de revisión y comentario público empieza el día 1 de septiembre de 2022 y termina el 16 de septiembre de 2022. El Concilio de la Ciudad de Delano considerará aprobación del CAPER y proveerá una oportunidad para comentario público en su junta el 19 de septiembre.

Información sobre este articulo puede ser obtenido en la oficina del Departamento de Desarrollo Económico, 1015 11th Avenue, Delano, California. Por favor escriban al correo electrónico [email protected] para obtener una copia.

Personas interesadas son invitadas a presentar sus opiniones y comentarios sobre esta materia. Declaraciones por escrito pueden ser sometidas con la Secretaria Municipal a cualquier hora antes del cierre de la audiencia antedicha y declaraciones orales pueden ser hechas en la audiencia.

Si desafía este contenido en la corte, pudiera ser limitado en plantear solo los puntos que usted o alguien mas planteo en la audiencia pública descrita en este aviso o en la correspondencia escrita entregada a la Secretaria Municipal de la Ciudad de Delano, 1015 Avenida Once,Delano, CA 93215, en o antes de la audiencia publica.

Fecha:

Ricardo G. Chavez
Secretaria Municipal
September 2, 2022
97621

CITY OF DELANO

STAFF REPORT
September 19, 2022
Agenda Item: 8
TO: Honorable Mayor and Council Members
FROM: Maribel Reyna, City Manager
By: Rosa Lara Rios, Finance/IT Director/Treasurer
SUBJECT: Resolution of the City of Delano City Council adopting the City of Delano Employee Pension Plan as amended and restated; the City Council of the City of Delano establishing a reciprocity agreement with the California public retirement system (CALPERS) and authorizing the mayor, to execute appropriate agreement.

Recommendation Staff recommends the City Council authorize the Mayor, to execute appropriate contracts required to complete the restatement of the plan and enter into a reciprocity agreement with the California public retirement system (CALPERS).

Background: Employee Pension Plan
The City of Delano maintains the City of Delano Employee Pension Plan (“the Plan”) for the benefit of the City’s eligible employees. The Plan must be amended when the City wishes to make design changes to the Plan, including changes agreed to in memorandums of understanding between the City and collective bargaining units or individual employees.

Restatement of Plan An amended and restated Plan, effective October 8, 2022 (“Restatement”) is attached as Exhibit A. The Restatement provides for one type of modification to the Plan:

Plan Design Changes: The Restatement incorporates design changes agreed to in the memorandums of understanding between the city and collective bargaining units. In addition, the Restatement establishes a reciprocity agreement with the California public employees’ retirement system (CALPERS).

Following is a more-detailed description of the changes, with references to the corresponding sections of the Restatement:
• Section 1.09: Definition of “Compensation.” To meet the definition of Totally and Permanently Disabled under the Plan, a Participant must be entitled to receive Social Security disability benefits AND the Committee must determine that the Participant is disabled. We believe this is a typo because, typically, a Participant must satisfy only one of these requirements to be found to be disabled under a pension plan. Accordingly, the “and” connecting the above requirements has been revised to “or” in the definition of Total and Permanent Disability. [Plan Design Changes]
• Section 1.19: Definition of “Normal Retirement Age” Changing the normal retirement age definition for General Participants who became a participant before January 1, 2013, Normal Retirement Age means, for service on or after October 8, 2022, from 60 to 58. [Plan Design Changes]
• Section 4.13 Cost-of-living benefit. Establishes subsection (a) For participants whose retirement date under the plan is before October 8, 2022 the cost of living benefit remains at 2%. Establishes subsection (b) for participants whose retirement date under the plan is on or after October 8, 2022, the greater of (i) 3% or (ii) the 12-month inflation rate through the preceding month of March as determined under the Consumer Price Index for all urban consumers (CPI, 1967) published by the Bureau of Labor Statistics. [Plan Design Changes]
• Section 9.03: Subsection (a) Definition of Compensation will include effective October 8, 2022, longevity pay and bilingual pay for service on or after October 8, 2022. [Plan Design Changes]
• Article 10: Reciprocity language. Reciprocity allows participants to move from one retirement system to another without losing benefits. The language will establish reciprocity with the California public retirement system (CALPERS) effective October 8, 2022. [Plan Design Changes]
Budget impact:

All plan design changes are for benefits attributable to future service, as PEPRA prohibits the enhancement to any service performed prior to the operative date of the enhancement and mandates the formula for PEPRA members. The changes associated with the pensionable compensation, lowering the normal retirement age from 60 to 58 for classic members, and future COLA’s for those who retire after October 8, 2022 will show an increase to the present value of benefits over the estimated life span of the participants.

Attachments:

Redline Pension Plan restatement
Resolution of the City Council
Pension Plan Restatement effective October 8, 2022
Agreement for Reciprocal benefits between the City of Delano and the California Public Retirement System (CALPERS)
4888-7598-9807.v2

CITY OF DELANO

EMPLOYEE PENSION PLAN
As Amended and Restated Effective October 8, 2022January 1, 2021 4888-7598-9807.v2

CITY OF DELANO EMPLOYEE PENSION PLAN

INTRODUCTION
Effective June 1, 1967, the City of Delano established this City of Delano Employee Pension Plan for the benefit of its eligible employees. Since then, the City has amended the Plan on various occasions.

Effective October 8, 2022January 1, 2021 (except as otherwise stated herein), the City Council again hereby restates the Plan as set forth below, in order to conform its terms to the applicable requirements of the Internal Revenue Code of 1986, and to make certain other revisions intended to clarify the intended operation of the Plan.

This Plan restatement will not reduce any Participant’s accrued benefits under the Plan. The restatement will apply only to Participants who are Eligible Employees anytime on or after January 1, 2021October 8, 2022. Benefits under the Plan for any Participant who retired or terminated before that date will be determined in accordance with the Plan provisions that were in effect on the Participant’s date of retirement or termination of employment.

The purpose of the Plan is to provide benefits to the City’s eligible employees upon retirement, prior death, or disability. The Plan generally covers full-time, regular employees of the City, except excluded public safety officers. Effective June 25, 2005, unless they elected otherwise, all public safety officers then employed by the City ceased to participate in the Plan and became covered by the City under the CalPERS retirement program. In addition, all public safety officers hired on or after that date are covered under CalPERS, not under this Plan. Accordingly, the only public safety officers covered by this Plan are those who terminated City employment with a vested interest under this Plan before June 25, 2005, and those who were employed on that date but who elected to remain covered by this Plan instead of transferring to CalPERS.

This Plan is intended to meet the applicable requirements to be a qualified tax-exempt retirement plan under section 401(a) of the Internal Revenue Code.

The Plan is funded by both City and Employee contributions. All amounts contributed to the Plan, and all earnings on those amounts, are held in Trust for the benefit of Participants. All amounts distributed under the Plan are paid from the Trust.

The Trust was established under the terms of a trust agreement, which is hereby incorporated into, and made a part of the Plan.

Unless otherwise specified, capitalized terms are defined in Article 1. 2 4888-7598-9807.v2
ARTICLE 1

DEFINITIONS

1.01 “Account” means the account established under the Plan for each Participant in order to record the Participant’s contributions made to the Plan pursuant to Section 3.02 (including any required Participant contributions paid by the Employer in accordance with Section 3.02(d)). The Account balance will be credited with interest at 6% per annum, compounded annually.

1.02 “Actuarial Equivalent” means the equivalent of a given benefit under the Plan, or a given amount payable in another manner or by other means, determined conclusively by or under the direction of the Committee in accordance with actuarial principles, methods and assumptions which are found to be appropriate by the Plan’s Actuary (and which may differ from those used for the purpose of Section 3.01). Such assumptions will include (1) an interest rate of 8% compounded annually, (2) the 1971 Group Annuity Mortality Table with separate mortality tables for men and women related to credited service prior to July 1, 1983, and (3) the unisex table for credited service after July 1, 1983, which is the 1971 Group Annuity Mortality Table for male lives with ages set back two years.

1.03 “Actuary” means an actuary who has been enrolled by the Joint Board for the enrollment of Actuaries and who has been employed or engaged to recommend the actuarial cost method to be used in determining the Plan’s liabilities to make actuarial valuations of the liabilities under the Plan, to recommend the amount of contributions to be made, and to perform such other services deemed necessary or advisable in connection with the administration of the Plan.

1.04 “Alternate Payee” means a Spouse, former Spouse, Domestic Partner, former Domestic Partner, child or dependent of a Participant who is recognized by a Qualified Domestic Relations Order as having a right to receive all, or a portion of, the benefits payable under the Plan with respect to the Participant.

1.05 “Annuity Starting Date” means (i) the first day of the first period for which an amount is payable as an annuity, or (ii) in the case of a benefit not payable in the form of an annuity, the first day on which all events have occurred which entitle the Participant to such benefit. In the case of a disability benefit, the first day of the first period for which a benefit is to be received by reason of disability shall be treated as the Annuity Starting Date only if such benefit is not an auxiliary benefit.

1.06 “Beneficiary” means the person or persons designated by the Participant, at the time and in the manner specified by the Committee, to receive the Participant’s benefits under the Plan upon his or her death. The Participant has the right to change or revoke such designation from time to time by filing a new designation or notice of revocation with the Committee. If the Participant has a Spouse or Domestic Partner, the Participant’s designation of a Beneficiary other than the Spouse or Domestic Partner will be valid only with the written consent of the Spouse or Domestic Partner; such consent must be filed at the time and in the manner specified by the Committee. If a Participant marries or enters into a registered domestic 3 4888-7598-9807.v2
partnership, the Participant’s prior designation of a Beneficiary other than the Spouse or Domestic Partner will automatically terminate. If upon his or her death, the Participant does not have a valid Beneficiary designation on file, or if the no designated Beneficiary survives the Participant, the Beneficiary will be the Participant’s surviving Spouse or Domestic Partner; if there is no surviving Spouse or Domestic Partner, the Participant’s benefits will be paid to his or her estate.

1.07 “Code” means the Internal Revenue Code of 1986, as amended and any successor statute thereto, and any regulations promulgated thereunder.

1.08 “Committee” means a committee of five members including two elected by General Participants, and three appointed by the Mayor of the City of Delano, with approval of the City Council in accordance with Article 7.

1.09 “Compensation” means straight time basic wages or salaries, paid to an Eligible Employee by the Employer for personal services rendered, including any “elective deferrals” (within the meaning of Section 402(g)(3) of the Code) October 8, 2022 withheld from the Employee’s gross income by the Employer that are not includible in the Employee’s gross income by reason of Sections 125, 132(f)(4) or 457(b) of the Code, but excluding bonuses, commissions, overtime pay, bilingual pay, educational pay, incentive pay, longevity pay, expense reimbursements, and employer contributions to, and benefits from, benefit plans sponsored by the Employer. Effective September 6, 2022October 8, 2022, “Compensation” will include longevity pay and bilingual pay for service on and after September 6, 2022October 8, 2022.

For Plan Years beginning on or after January 1, 1989, and before January 1, 1996, in no event may a Participant’s annual Compensation exceed $200,000, as adjusted at the same time and in the same manner as section 415(d) of the Code.

For Plan Years beginning on or after January 1, 1996, and before January 1, 2002, the annual Compensation of each Participant taken into account for determining all benefits provided under the Plan for any Plan Year must not exceed $150,000, as adjusted for the cost-of-living increases in accordance with section 401(a)(17)(B) of the Code.

For Plan Years beginning on or after January 1, 2002, the annual Compensation of each Participant taken into account in determining all benefits under the Plan for any Plan Year must not exceed $200,000, as adjusted for cost-of-living increases in accordance with section 401(a)(17)(B) of the Code.

In determining benefit accruals for Plan Years beginning after December 31, 2001, the annual Compensation limit in this Section for determination periods beginning before January 1, 2002 is $200,000 if a Participant has an Hour of Service on or after January 1, 2002.

The cost-of-living adjustment in effect for a calendar year applies to annual Compensation for the Plan Year that begins with or within such calendar year.

If a determination period consists of fewer than 12 months, the annual Compensation limit is an amount equal to the otherwise applicable annual Compensation limit multiplied by a fraction, the 4 4888-7598-9807.v2
numerator of which is the number of months in the short determination period, and the denominator of which is 12.

1.10 “Domestic Partner” means a person who has entered into a registered domestic partnership with a Participant or a former Participant in accordance with Division 2.5 of the California Family Code, as amended.

1.11 “Early Retirement Age” means age 55 for a General Participant or age 50 for a Safety Participant.

1.12 “Early Retirement Date” means the early retirement date elected by a Participant, which date may be the first day of any month coinciding with or next following the date the Participant’s attainment of Early Retirement Age but before his or her attainment of Normal Retirement Age.

1.13 “Eligible Employee” is defined in Section 2.01.

1.14 “Employee” means each individual who is compensated by the Employer for service rendered to the Employer and who is classified by the Employer as a common law employee. The term Employee does not include any individual who is classified by the Employer as an independent contractor, consultant or a Leased Employee, even if a court or administrative agency later determines that such individual is a common law employee.

1.15 “Employer” means the City of Delano.

1.16 “Final Average Compensation” means the average of a Participant’s monthly Compensation in the 36 consecutive calendar months which produce the highest average. If a Participant does not have 36 consecutive calendar months of Compensation, Final Average Compensation will be the Participant’s average monthly Compensation for the last 36 full months preceding the termination of the Participant’s employment with the Employer in which the Participant had Compensation.

1.17 “Leased Employee” means any person (other than an Employee) who under an agreement between the Employer and any other person (“leasing organization”) has performed services for the Employer (or for the Employer and related persons determined in accordance with Section 414(n)(6) of the Code) on a substantially full time basis for a period of at least one year and such services are performed under primary direction or control by the Employer or related person.

1.18 “Limitation Year” means the Plan Year.

1.19 “Normal Retirement Age” means age 60 58 60for a General Participant, or age 55 for a Safety Participant. Effective September 6, 2022October 8, 2022, for General Participants who became a Participant before January 1, 2013, Normal Retirement Age means, for service on or after September 6, 2022October 8, 2022, age 58.

1.20 “Normal Retirement Date” means the first day of the month coinciding with or following the Participant’s attainment of Normal Retirement Age. 5 4888-7598-9807.v2

1.21 “One-Year Break in Service” means a 12-consecutive-month period during which a Participant is not employed by the Employer.

1.22 “Participant” means a person who begins participation in the Plan under Section

2.02, and whose participation has not terminated under Section 2.03. A “Safety Participant” is a Participant who is employed by the Employer as a sworn police officer with the power to arrest or a firefighter. A “General Participant” is any Participant other than a Safety Participant.

1.23 “Plan” means this City of Delano Employee Pension Plan, as it may be amended from time to time.

1.24 “Plan Year” means the 12-month period beginning July 1 and ending June 30.

1.25 “Qualified Domestic Relations Order” is defined in Section 9.13.

1.26 “Spouse” means the person who is legally married to a Participant or a former Participant.

1.27 “Total and Permanent Disability” means the condition of being totally and permanently disabled as provided herein. A Participant shall be deemed to be totally and permanently disabled when (a) the Participant is entitled to receive Social Security disability benefits or (b) on the basis of proof satisfactory to the Committee, the Committee determines that as a result of any physical or mental condition the Participant is totally prevented from engaging in any regular occupation or employment for wage or profit (except such employment as is found by the Committee to be for purposes of rehabilitation) and the condition will be permanent, total and continuous for the remainder of the Participant’s life. For purposes of making such determination, the Committee may require a Participant to submit to a medical examination and to such reexamination as the Committee may deem necessary, and such medical examination or reexamination may be made by such competent physician or physicians or clinic or hospital as the Committee may select, at no cost to the Participant. A Participant shall not be deemed disabled for the purposes of this Section if, on the basis of proof satisfactory to it, the Committee determines that the Participant’s disability arose from any intentionally self-inflicted injury or injury resulting from participation in any criminal undertaking or from service in the armed forces of any country, or consists of chronic alcoholism or addiction to narcotics or drugs (or injury or disease resulting therefrom). The Plan does not provide a disability pension other than regular retirement benefits as described under Article 4.

1.28 “Trust” means the trust established by a trust agreement with the Trustee, under which all assets under the Plan are held. All contributions under the Plan must be deposited in the Trust. The Trust will be credited for contributions and earnings, and will be debited for losses, distributions, and reasonable expenses. The Trust is maintained for the exclusive purpose of providing benefits to Participants and their Beneficiaries.

1.29 “Trustee” means the individual or individuals, trust company, bank, insurance company or savings and loan association who are so designated in accordance with the terms of the trust agreement.
6 4888-7598-9807.v2

1.30 “Vested” means a Participant has a nonforfeitable interest to a retirement benefit under the Plan. A Participant’s vested interest is determined under Section 4.04(b). A Participant is not Vested for purposes of the Plan unless and until he or she attains a nonforfeitable interest under Section 4.04(b).

1.31 “Year of Service” means each successive 12-consecutive-month period beginning with a Participant’s commencement or recommencement of employment with the Employer as an Eligible Employee and each anniversary of that date (“Anniversary Year”) through which the Participant remains continuously employed as an Eligible Employee. For this purpose, only Years of Service on or after the Participant’s 18th birthday will be credited. A Participant who completes fewer than 12 consecutive months of continuous employment as an Eligible Employee in an Anniversary Year will be credited with a partial Year of Service equal to the number of months of employment during the Anniversary Year during which the Participant is continuously employed as an Eligible Employee divided by 12. For purposes of determining Years of Service, a Participant will be treated as being employed as an Eligible Employee during a leave of absence only to the extent provided in Section 2.05.
7 4888-7598-9807.v2
ARTICLE 2

ELIGIBILITY AND PARTICIPATION

2.01 Eligible Employee. “Eligible Employee” means an Employee whom the Employer classifies as regular, active, and full-time, excluding public safety officers except those who were employed with the Employer on June 20, 2005, and who elected by that date to remain covered by the Plan. Eligible Employee will not include any Employees who are classified by the Employer as part-time, temporary, or seasonal.

2.02 Commencement of Participation. Each Participant in the Plan as in effect immediately before October 8, 2022January 1, 2021, will remain a Participant. On and after that date, each Eligible Employee becomes a Participant on the date he or she becomes an Eligible Employee.

2.03 Termination of Participation. A Participant’s participation in the Plan terminates upon the earlier of:
(a) the Participant’s termination of employment with the Employer if, upon such termination, the Participant is not Vested in any retirement benefit under the Plan and the Participant’s Account balance is zero;
(b) the payment of the Participant’s entire nonforfeitable interest under the Plan; or
(c) the Participant’s death.

2.04 Reemployment. A Participant whose employment with the Employer terminates will, upon his or her reemployment as an Eligible Employee, immediately resume active participation in the Plan.

2.05 Leaves of Absence.
(a) A Participant who is on a leave of absence of not more than 12 months’ duration, with or without pay, authorized in writing by the Employer or on a military leave of absence required by applicable Federal law to be credited to him for service in the Armed Forces shall be considered to be in employment as an Eligible Employee during such absence, but only if:
(1) In the case of such an Employer-approved leave of absence, the Participant returns to work or retires under the Plan prior to or at the expiration of such leave of absence or any extension thereof; and
(2) In the case of a military leave of absence, the Participant returns to work within 90 days (or such longer period as may be established by the laws of the United States for the retention of reemployment rights of veterans) following the Participant’s discharge from the Armed Forces. For this purpose, “military leave” means any period of continuous service in the Armed Forces of the United States or any of its allies during a period of declared 8 4888-7598-9807.v2
war or national emergency, or in the military service of the United States at any other time. “Armed Forces” and “military service” of the United States shall include the United States Public Health Service.
(b) Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with section 414(u) of the Code. If a Participant dies on or after January 1, 2007, while performing qualified military service (as defined in section 414(u) of the Code), the Participant’s surviving Spouse or Beneficiaries are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the Plan had the Participant resumed and then terminated employment on account of death. 9 4888-7598-9807.v2
ARTICLE 3

CONTRIBUTIONS

3.01 Funding. The cost of benefits under the Plan will be provided by the Employer in such amounts as the Employer in its sole discretion shall determine to be necessary to fund such benefits; provided, however, that the Employer shall contribute at least such amounts as are deemed necessary by an actuary to fund the benefits provided by the Plan on an actuarially sound basis. The Employer will pay its contributions directly to the Trust at the time required by California law

3.02 Participant Contributions.
(a) Each Participant must contribute a percentage of his or her Compensation to the Plan. The contribution rates are subject to provision of certain union contracts and agreements. (The current rates are given in Appendix A.) Since the enrollment in the Plan by a Participant is mandatory, the Participant is not permitted to withdraw the Participant’s contributions while the Participant is employed by the Employer. (b) All Participant contributions will be deducted from the Participants’ Compensation by payroll deduction and will be paid by the Employer to the Plan on behalf of Participants. Contributions under this Section must be transmitted to the Trustee and credited to Participants’ Accounts by the last business day of the month after the month in which the contribution is deducted.
(c) Effective February 1, 2011, although designated as employee contributions, Participant contributions will be picked up by the Employer for tax purposes in accordance with Section 414(h)(2) of the Code and will be treated as pre-tax Employer contributions. Participants will not have the option of receiving the contributed amounts instead of having them paid by the Employer to the Plan.
(d) Notwithstanding any provision of the Plan to the contrary, the Employer may pay all or any portion of the contributions required to be paid by a Participant under this Section 3.02. (The portion of Participant contributions currently paid by the Employer is shown in Appendix A.) The payments will be accounted for under the Plan as Participant contributions and, as such, will be credited to the Participant’s Accounts. Nothing in this paragraph will be construed to limit the authority of Employer to periodically increase, reduce, or eliminate the payment by the Employer of all or a portion of the contributions required to be paid by Participants.

3.03 Application of Forfeitures. Forfeitures will not be applied to increase the benefits any Participant would otherwise receive under the Plan, but will be applied to pay the Plan’s reasonable expenses, reduce the Employer’s contributions for normal costs in the current year or allocated to a reserve to reduce normal costs, or reduce unfunded past service liability, if any. 10 4888-7598-9807.v2
ARTICLE 4

RETIREMENT BENEFITS

4.01 Normal Retirement Benefit.
(a) To receive retirement benefits under the Plan, a Participant must retire and apply for retirement benefits at the time and in the manner specified by the Committee. Only Participants who are Vested are entitled to retirement benefits under the Plan. In addition, retirement benefits will be paid only after the Participant’s employment with the Employer has terminated. A Vested Participant may elect to retire effective upon his or her Early Retirement Date, his or her Normal Retirement Date, or the first day of any month after the Participant’s Normal Retirement Date, but in no event later than the latest date permitted under Appendix B.

For all purposes under the Plan, “retire,” “retires,” “retirement,” or other any derivation of “retire,” refers to the Participant’s receipt, after termination of his or her employment with the Employer, of a normal retirement benefit, early retirement benefit, or late retirement benefit under Sections 4.01, 4.02, or 4.03, respectively. As described in Section 4.05, a Participant may receive, after termination of his or her employment with the Employer, a distribution of his or her Account without actually retiring under the Plan or without being eligible to retire. (b) A Participant who retires on his or her Normal Retirement Date is entitled to receive a monthly “normal retirement benefit” equal to: (2.0% times first $833.33 of Final Average Compensation plus 2.4% times Final Average Compensation in excess of $833.33) multiplied by the number of Years of Service completed by the Participant. (c) The normal retirement benefit will be payable to the Participant in the form of a life annuity with period certain of 60 months. Under this normal form of benefit, if the Participant dies before 60 monthly payments have been paid, the monthly payments continue to the Participant’s Beneficiary until the balance of the 60 monthly payments have been paid. In lieu of this form of benefit, the Participant may elect one of the Actuarially Equivalent optional forms of benefit described in Section 4.07.

4.02 Early Retirement Benefit.
(a) A Participant who retires on his or her Early Retirement Date is entitled to receive a monthly “early retirement benefit” equal to the Participant’s normal retirement benefit (as calculated according to Section 4.01(b)), reduced to an Actuarially Equivalent amount to reflect the Participant’s age as of the Early Retirement Date. (b) The early retirement benefit will be payable to the Participant in the normal form of benefit described in Section 4.01(c). In lieu of that form, the Participant may elect one of the Actuarially Equivalent optional forms of benefit described in Section 4.07.

4.03 Late Retirement Benefit.
(a) A Participant who retires after his or her Normal Retirement Date will be entitled to receive a monthly “late retirement benefit” equal to the Participant’s monthly normal retirement benefit (as calculated according to Section 4.01(b)) payable as of the Participant’s 11 4888-7598-9807.v2
Normal Retirement Date, plus, for each full or partial Plan Year from the Participant’s Normal Retirement Date to the Participant’s actual retirement date, the greater of (1) or (2) as follows:
(1) Benefit Accrual. The change in the Participant’s normal retirement benefit for the full or partial Plan Year, taking into account the Participant’s additional Compensation and Years of Service credited to the Participant during the full or partial Plan Year.
(2) Actuarial Increase. The amount under this paragraph (2) will be $0 on or before the Participant’s Normal Retirement Date. For full and partial Plan Years after the Normal Retirement Date, the amount under this paragraph (2) will be the actuarial increase (determined using the factors for Actuarial Equivalent) in the amount determined under this subsection (a) as of the end of the prior full or partial Plan Year to the end of the current full or partial Plan Year. This paragraph (2) will apply only to periods preceding commencement of benefits to the Participant from the Plan.
(b) The late retirement benefit will be payable to the Participant in the normal form of benefit described in Section 4.01(c). In lieu of that form, the Participant may elect one of the Actuarially Equivalent optional forms of benefit described in Section 4.07.

4.04 Vesting.
(a) Nonforfeitable Interest in Account. A Participant’s Account balance, including amounts attributable to Employer-paid Participant contributions described in Section 3.02(d), is nonforfeitable at all times, and will not at any time be subject to the vesting schedule under Section 4.04(b) or any other vesting requirements. (b) Vesting schedule.
(1) A Participant’s Vested interest under the Plan is determined based on the Participant’s Years of Service as follows:

Number of Completed Years of Service Vested Percentage
Less than 3 None
3 20
4 40
5 60
6 80
7 or more 100
(2) A Participant becomes 100% Vested under the Plan upon termination of employment with the Employer on or after the Participant’s Normal Retirement Age. For this purpose, Normal Retirement Age for a General Participant hired by the Employer on or after October 8, 2022January 1, 2011January 1, 2011, means the later of (i) attainment of age 605860, or (ii) the completion of seven Years of Service. Effective September 6, 2022October 8, 2022, for General Participants who became a Participant before January 1, 2013, for service on or after September 6, 2022October 8, 2022, the reference to “age 60” in the preceding sentence will be replaced with “age 58”.
12 4888-7598-9807.v2
(c) Reemployment.
(1) If a Participant’s employment with the Employer terminates before the Participant is Vested, the Participant’s retirement benefits under the Plan shall be forfeited and cancelled. If the Participant is subsequently reemployed and resumes participation in the Plan in accordance with Section 2.04, the Participant’s Years of Service before the break in service will be considered for purposes of determining the Participant’s Vested interest and retirement benefit under the Plan, but only if the Participant had fewer than five consecutive One-Year Breaks in Service before the reemployment date. In addition, the extent to which such prior Years of Service are counted is subject to Section 4.05(c). (2) If a Participant is Vested when his or her employment with the Employer terminates, and the Participant is subsequently reemployed and resumes participation in the Plan in accordance with Section 2.04, the Participant’s Years of Service before the break in service will be considered for purposes of determining the Participant’s Vested interest and retirement benefit under the Plan; however, the extent to which such prior Years of Service are counted is subject to Section 4.05(c).

4.05 Termination Before Retirement.
(a) If a Vested Participant’s employment with the Employer terminates for any reason other than death or retirement, the Participant may elect to receive all or any portion of his or her Account balance. In addition, the Participant will subsequently be eligible to retire under the Plan and receive a retirement benefit on or after the Participant’s Early Retirement Date. Such retirement benefit will be equal in value to the excess of (1) the actuarial value of the Accrued Benefit related to future service credits multiplied by vesting percentage, over (2) the amount distributed to the Participant from his or her Account. “Accrued Benefit” means (1) a Participant’s projected normal retirement benefit described in Section 4.01 (as adjusted using the Actuarial Equivalent factors if the retirement date is before or after the Normal Retirement Age), without projection for future salary increases, multiplied by (2) a fraction, the numerator of which is the number of years and fractions thereof of participation in the Plan as of the date the determination is being made, and the denominator of which is the number of years and fractions thereof of participation the Participant would have had if the Participant had remained in service until the Participant’s retirement date.
(b) If a non-Vested Participant’s employment with the Employer terminates for reasons other than death or retirement, the Participant may elect to receive a lump-sum distribution of the Participant’s Account balance.
(c) This Section 4.05(c) applies to any Participant who receives one or more distributions of any portion of his or her Account after termination of employment with the Employer, and who is subsequently rehired by the Employer and recommences active participation under Section 2.04 within five years after the termination date. Such Participant will receive credit for all Years of Service before the break, but only if the Participant repurchases such service by redepositing in the Trust an amount equal to the Participant’s total Account distributions, plus interest of 6% per annum, compounded annually. If the Participant does not redeposit that amount in the time and manner required by the Committee, he or she will 13 4888-7598-9807.v2
not receive credit for Years of Service attributable to those distributions. Payment of the redeposit must be made in lump sum, at the time and in the manner determined by the Committee. In addition, the redeposit will be made either (1) on an after-tax basis, (2) by direct rollover of an eligible rollover distribution from an eligible retirement plan described in sections 401(a), 403(b), 408(a) and 457(b) of the Code, or (3) by transfer from the Employer’s “eligible deferred compensation plan” within the meaning of section 457(b) of the Code.

4.06 Disability Benefit. A Participant who terminates employment with the Employer due to a Total and Permanent Disability is entitled to the same benefits described in Section 4.05 that the Participant would be entitled to if the Participant had terminated employment for reasons other than death, disability or retirement.

4.07 Optional Forms of Payment. In lieu of the normal form of payment, a Participant may elect in writing at the time and in the manner specified by the Committee, to receive the Participant’s retirement benefit under Sections 4.01, 4.02, or 4.03, as applicable, in the form of one of the following optional forms of payment, which forms will be Actuarially Equivalent to the normal retirement benefit:
(a) Straight Life Annuity. A monthly retirement benefit payable for the Participant’s lifetime only with no payments to any person after the Participant’s death. (b) Joint and Survivor Annuity. An actuarially reduced monthly retirement benefit payable for the Participant’s lifetime with the provision that after the Participant’s death a monthly benefit equal to a specified percentage (100%, 66-2/3%, or 50%) of the reduced monthly benefit payable during the Participant’s life shall be paid to the Participant’s joint annuitant during for the joint annuitant’s lifetime through the month in which the joint annuitant dies.
(c) Social Security Level Income. An adjusted monthly life annuity payable commencing before the Participant’s Social Security retirement age pursuant to which the adjusted monthly payment payable before Social Security retirement age is reduced after the commencement of the Social Security payments by the approximate amount of such Social Security payments so as to produce to the greatest extent possible level retirement income throughout the remainder of the Participant’s life.

Effective December 20, 2021, in addition to the forms specified in Section

4.07(a)-(c) above, the following Actuarially Equivalent optional forms of payment will be available to Participants:
(d) Joint and Survivor Annuity with 5 Year Guaranteed Period. An actuarially reduced monthly retirement benefit payable for the Participant’s lifetime with the provision that after the Participant’s death a monthly benefit equal to a specified percentage (100%, 66-2/3%, or 50%) of the reduced monthly benefit payable during the Participant’s life shall be paid to the Participant’s joint annuitant for the joint annuitant’s lifetime through the month in which the joint annuitant dies with combined payments guaranteed for 5 years (i.e., 60 monthly payments). If both the Participant and joint annuitant die before receiving (in the 14 4888-7598-9807.v2
aggregate) a total of 60 monthly payments, the balance of the remaining 60 monthly payments will be paid in a lump sum to the estate of the survivor of the Participant and the joint annuitant. (e) Joint and Survivor Annuity with Pop-Up. An actuarially reduced monthly retirement benefit payable for the Participant’s lifetime with the provision that after the Participant’s death a monthly benefit equal to a specified percentage (100%, 66-2/3%, or 50%) of the reduced monthly benefit payable during the Participant’s life shall be paid to the Participant’s joint annuitant for the joint annuitant’s lifetime through the month in which the joint annuitant dies. If the joint annuitant dies before the Participant, the monthly amount paid to the Participant for the remainder of his or her life will increase to the amount that would have been paid to the Participant had the Participant elected a single life annuity starting with the first month after the joint annuitant’s death.

4.08 Time of Payment of Retirement Benefits. The payment of benefits under the Plan to the Participant, or the Participant’s Beneficiary shall begin not later than the 605860th day after the latest of the close of the Plan Year in which:
(a) the Participant attains Normal Retirement Age;
(b) occurs the 10th anniversary of the year in which the Participant commenced participation in the Plan; or
(c) the Participant terminates employment with the Employer.

Effective January 1, 2020, the distributions to a Participant shall commence not later than April 1 of the calendar year following the later of:
(a) the calendar year in which the Participant attains (1) age 70½, if the Participant was born before July 1, 1949, or (2) age 72, if the Participant was born after June 30, 1949; or
(b) the calendar year in which the Participant retires.

Regardless of any Plan provision to the contrary, all distributions under the Plan will meet the requirements of Code section 401(a)(9) and Appendix B relating to required minimum distributions.

Notwithstanding the foregoing, the failure by the Participant or the Participant’s Beneficiary to consent to an immediate distribution is deemed to be an election to defer the commencement of payment of any benefit sufficient to satisfy this Section.

4.09 Distribution of Small Amounts.
(a) If upon termination of a Participant’s employment with the Employer, the sum of the present value of a Participant’s Vested benefits under the Plan and the Participant’s Account balance is $1,000 or less, the Committee will direct that the entire amount be distributed to the Participant or Beneficiary in one lump sum, and the Participant’s or Beneficiary’s consent 15 4888-7598-9807.v2
will not be required. Any such distribution will be made in lieu of the payment of a monthly benefit under the Plan.
(b) If such present value exceeds $1,000, distribution of the Participant’s benefits may not be made without the Participant’s or Beneficiary’s consent. (c) Present value will be determined using the factors specified in the definition of Actuarial Equivalent.

4.10 Suspension of Benefits Upon Reemployment.
(a) If a Participant is reemployed by the Employer as an Eligible Employee after payment of retirement benefits have commenced, the payment of retirement benefits will be suspended until the Participant subsequently terminates employment with the Employer. Upon subsequent termination, the benefits will be recalculated so that any additional Years of Service credited to the Participant during the reemployment period will be taken into account. (b) If the Participant is reemployed by the Employer as an Employee but not an Eligible Employee, payment of retirement benefits will be suspended, unless continued payment is permitted by the Code.
(c) If payment of a Participant’s benefits is suspended due to reemployment with the Employer, payments will recommence after the subsequent termination of the Participant’s employment with the Employer (or earlier to the extent permitted by the Code).

4.11 Preretirement Survivor Benefit.
(a) If a Vested Participant dies before retiring, his or her Beneficiary will be entitled to receive:
(1) If the Participant dies before attaining Early Retirement Age, a monthly annuity for the Beneficiary’s life commencing on the date the Participant would have attained Early Retirement Age that is Actuarially Equivalent to the Participant’s Vested benefit at the Participant’s death. In addition, the Beneficiary may elect to receive a partial or full distribution of the Participant’s Account before the date the Participant would have attained Early Retirement Age, in which case any survivor benefit payable to the Beneficiary will be reduced in the same manner as described in Section 4.05(a). (2) If the Participant dies on or after attaining Early Retirement Age, but before attaining Normal Retirement Age, a monthly annuity for the Beneficiary’s life commencing on the Participant’s death that is Actuarially Equivalent to the Participant’s Vested benefit at the Participant’s death.
(3) If the Participant dies on or after attaining Normal Retirement Age, 60 monthly payments which are Actuarially Equivalent to the Participant’s Vested benefit at the Participant’s death.
16 4888-7598-9807.v2
(b) The Participant’s Beneficiary may elect in writing, at the time and in the manner specified by the Committee, to commence payments under this Section 4.11 within a reasonable time after the Participant’s death.
(c) If a Participant who separates from service on or after Normal Retirement Date, thereafter dies before beginning to receive the Participant’s retirement benefits, the distribution of the Participant’s benefit shall be made to the Participant’s Beneficiary in the same manner and form as described under Section 4.01, as if the pension payments had commenced on the date of the Participant’s death.
(d) The benefits paid to a Participant who dies on or after the Participant’s Normal Retirement Date while still in active service of the Employer, will be distributed to the Participant’s Beneficiary in the same manner and form as provided in Section 4.01, as if the Participant had retired on the date of the Participant’s death.

4.12 Death Before Vesting. If a Participant dies before becoming Vested under the plan, his or her entire Account balance, if any, will be distributed to the Beneficiary in lump sum upon the Beneficiary’s consent.

4.13 Cost-of-Living Benefit. As of every Commencing July 1, 1985, and each July 1 thereafter, annual adjustments are made in the monthly benefit amount following the date of retirement for Participants and their Beneficiaries, excluding existing retirees and their Beneficiaries as of July 1, 1985July 1.1985. The annual adjustment is increases the monthly benefit amount that was payable in the preceding month of June by the following amount:
(a) For Participants whose retirement date under the Plan is before September 6, 2022October 8, 2022, an increase of 2% of the monthly benefit amount that was payable in the preceding month of June.

4.13(b) For Participants whose retirement date under the Plan is on or after September 6, 2022October 8, 2022, the greater of (i) 3% or (ii) the 12-month inflation rate through the preceding month of March as determined under the Consumer Price Index for All Urban Consumers (CPI, 1967) published by the Bureau of Labor Statistics.

4.14 Eligible Rollover Distributions. If payment under the Plan is ever permitted in a form which qualifies as an Eligible Rollover Distribution, the Distributee may elect, at the time and in the manner prescribed by the Committee, to have any portion of such Eligible Rollover Distribution rolled directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover. For purposes of this Section 4.14, the following terms have the following meanings:
(a) “Direct Rollover” means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee,
(b) “Distributee” means a Participant, a Participant’s surviving Spouse, or a Participant’s Spouse or former Spouse who is the Alternate Payee under a domestic relations order which is treated as a qualified domestic relations order to the extent provided in section 414(p)(11) of the Code, and such other persons as come within the meaning of the term as used in section 401(a)(31)(A) of the Code. Effective for Plan Years beginning on or after July 1, Formatted: Heading 3
17 4888-7598-9807.v2
2010, a Distributee also includes the Participant’s non-Spouse Beneficiary. In the case of a nonSpouse Beneficiary, the direct rollover may be made only to an individual retirement account or annuity described in section 408(a) or 408(b) of the Code (“IRA”) that is established on behalf of the designated Beneficiary and that will be treated as an inherited IRA pursuant to the provisions of section 402(c)(11) of the Code. Also, in this case, the determination of any required minimum distribution under section 401(a)(9) of the Code that is ineligible for rollover will be made in accordance with Notice 2007-7, Q&A-17 and 18, 2007-5 I.R.B. 395 (or its successor). (c) “Eligible Rollover Distribution” means a distribution from the Plan which constitutes an eligible rollover distribution within the meaning of section 401(a)(31)(D) of the Code, i.e., any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include:
(1) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made (i) for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee’s designated Beneficiary or (ii) for a specified period of 10 years or more; (2) any distribution to the extent such distribution is required under section 401(a)(9) of the Code; or
(3) the portion of any distribution that is not includible in gross income; provided, however, that this paragraph does not apply to the distribution if the plan to which the distribution is transferred:
(A) is an individual retirement account or annuity described in section 408(a) or (b) of the Code;
(B) for taxable years beginning after December 31, 2001, and before January 1, 2007, is a qualified trust which is part of a defined contribution plan that agrees to separately account for the amounts so transferred, including separately accounting for the portion of the distribution which is includible in gross income and the portion of the distribution that is not so includible; or
(C) for taxable years beginning on or after December 31, 2006, is a qualified trust or an annuity contract described in section 403(b) of the Code, if such trust or contract provides for separate accounting for amounts so transferred (including interest thereon), including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. (d) “Eligible Retirement Plan” means a plan which constitutes an eligible retirement plan within the meaning of section 401(a)(31)(E) of the Code, including an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, or a qualified trust described in section 401(a) of the Code that is a defined contribution plan, the terms of which permit the acceptance of rollover distributions. In the case of an Eligible Rollover Distribution to a surviving Spouse or a surviving former Spouse, an Eligible Retirement Plan means only an individual retirement account or individual retirement annuity. Effective for 18 4888-7598-9807.v2
distributions after December 31, 2001, the definition of Eligible Retirement Plan applies without regard to the preceding sentence in the case of a distribution to a surviving Spouse, or to a Spouse or former Spouse who is the Alternate Payee under a qualified domestic relations order, as defined in section 414(p) of the Code. Effective for distributions after December 31, 2001, the term “Eligible Retirement Plan” also includes an annuity contract described in section 403(b) of the Code or an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan. Effective for distributions after December 31, 2007, an Eligible Retirement Plan also includes a Roth IRA described in section 408A of the Code.

4.15 Purchase of Service Credit.
(a) Subject to the Employer’s approval, a Participant may elect to purchase credit for Years of Service not otherwise credited to the Participant under the Plan, solely for purposes of determining the Participant’s retirement benefit under the Plan. The amount credited must be based on actual past service for the Employer for which the Participant has not received pension credit, however the years of service to be credited shall not exceed the actual years of service by more than two (2) years.
(b) The Employer will determine the amount of the contribution required to purchase the desired credit. The required contribution may not be greater than the estimated increase in the Employer’s liability under the Plan resulting from the purchase, as determined by the Plan’s actuary using the interest and mortality factors that were used in the Plan’s most recent actuarial valuation.
(c) To purchase service credit under this section, the Participant must, at the time and in the manner specified by the Employer, do the following: (1) file an executed written election with the Board under which the Participant agrees to contribute the amount required to purchase the credit, and (2) transfer an amount equal to the required contribution from the Participant’s account under the Employer’s “eligible deferred compensation plan” (within the meaning of section 457(b) of the Code) to this Plan, in a manner that satisfies the requirements of section 457(e)(17) of this Code.

ARTICLE 5

LIMITATIONS ON CONTRIBUTIONS AND BENEFITS

5.01 Effective Date. The limitations of this Article apply in Limitation Years beginning on or after July 1, 2007, except as otherwise provided herein.

5.02 Annual Additions Limit. The total Annual Additions allocated to a Participant’s Account under the Plan, when added to the Annual Additions allocated to the Participant’s accounts under all other qualified defined contribution plans maintained by the Employer or an Affiliate for any Limitation Year, must not exceed the lesser of:
19 4888-7598-9807.v2
(a) $40,000, as adjusted for increases in the cost-of-living under section 415(d) of the Code; or
(b) 100% of the Participant’s Total Compensation for the Limitation Year.

5.03 Annual Benefit Limit. Unless the alternative limitation of Section 5.07 applies, effective for Limitation Years ending after December 31, 2001, the Annual Benefit payable to a Participant under the Plan at any time must not exceed $160,000, adjusted as described in Section 5.03 (the “Annual Benefit Limit”).

5.04 Cost-of-living Limitation Adjustment. The Annual Benefit Limit is automatically adjusted under section 415(d) of the Code, effective January 1 of the calendar year for which the adjustment is determined by the Treasury Department. Any adjustment to the Annual Benefit Limit will be effective for Limitation Years ending with or within the calendar year with respect to which the adjustment is made, but a Participant’s benefits may not reflect the adjustment prior to January 1 of that calendar year. The adjusted Annual Benefit Limit is applied at the time the Participant’s benefits commence.

5.05 Participation in Other Defined Benefit Plans. If the Participant is, or ever has been, a Participant in another qualified defined benefit plan maintained by the Employer or an Affiliate, the sum of the Participant’s Annual Benefits from all such defined benefit plans must not exceed the Annual Benefit Limit. Where the Participant’s employer-provided benefits under all such defined benefit plans (determined as of the same age) would exceed the Annual Benefit Limit applicable at that age, benefits accrued under the Plan and all such other plans shall be reduced in proportion to the total benefits accrued under each such plan but only to the extent necessary to comply with the limits on benefits set forth in this Article. For purposes of this Section:
(a) The termination of any plan shall be disregarded; and (b) The total benefits accrued under each plan for calculating the proportional reduction shall be determined without regard to the limits of this Article.

5.06 Participation in Other Defined Contribution Plans. If a Participant participates in another defined contribution plan of the Employer or of an Affiliate that is a tax-qualified defined contribution plan, contributions or allocations that would otherwise be made on behalf of the Participant to the other plan shall first be reduced to the extent necessary to avoid exceeding the limitations of this regulation.

5.07 Adjustment for Less Than 10 Years of Participation. (a) General Rule. If the Participant has less than 10 Years of Participation in the Plan, the Annual Benefit Limit shall be multiplied by a fraction:
(1) The numerator of which is the number of Years (or part thereof, but not less than one year) of Participation in the Plan, and (2) The denominator of which is 10.
20 4888-7598-9807.v2
(b) Special Rule for Death and Disability Benefits. The reduction described in subsection (a) of this Section shall not apply to preretirement disability benefits or preretirement death benefits.

5.08 Adjustment for Benefit Commencement Before Age 62 or After Age 65.

Effective for benefits commencing in Limitation Years ending after December 31, 2001, the Annual Benefit Limit is adjusted for benefit commencement before age 62 or after age 65 as follows:
(a) Adjustment for Benefit Commencement Before Age 62. If the Participant’s Annuity Starting Date is before the Participant attains age 62, the Annual Benefit Limit is equal to:
(1) If the Participant’s Annuity Starting Date is before July 1, 2007, the annual benefit payable in the form of a straight life annuity commencing at the Participant’s Annuity Starting Date that is the actuarial equivalent of a deferred straight life annuity commencing at age 62 with an annual benefit equal to the Annual Benefit Limit (adjusted under Section 5.05 for years of participation less than 10, if required) and with actuarial equivalence determined using:
(A) The Applicable Mortality Table, and
(B) An interest rate that is not less than the greater of:
(i) 5%; or
(ii) The interest rate specified in Section 1.03 of the Plan.
(2) If the Participant’s Annuity Starting Date is on or after July 1, 2007, the lesser of:
(A) The amount determined under paragraph (1) of this
subsection; or
(B) The Annual Benefit Limit (adjusted under Section 5.05 for years of participation less than 10, if required) multiplied by the ratio of the annual amount of the immediately commencing straight life annuity under the Plan at the Participant’s Annuity Starting Date to the annual amount of the immediately commencing straight life annuity under the Plan at age 62, both determined without applying the limitations of this Article. (b) Adjustment for Benefit Commencement After Age 65. If the Participant’s Annuity Starting Date is after the Participant attains age 65, the Annual Benefit Limit is equal to:
(1) If the Participant’s Annuity Starting Date is before July 1, 2007, the annual benefit payable in the form of a straight life annuity commencing at the Participant’s Annuity Starting Date that is the actuarial equivalent of a straight life annuity commencing at age 21 4888-7598-9807.v2
65 with an annual benefit equal to the Annual Benefit Limit (adjusted under Section 5.05 for years of participation less than 10, if required) and with actuarial equivalence determined using:
(A) The Applicable Mortality Table; and
(B) An interest rate that is not greater than the lesser of:
(i) 5%; or
(ii) The interest rate specified in Section 1.03 of the Plan.
(2) If the Participant’s Annuity Starting Date is on or after July 1, 2007, the lesser of:
(A) The amount determined under paragraph (1) of this
subsection; or
(B) The Annual Benefit Limit (adjusted under Section 5.05 for years of participation less than 10, if required) multiplied by the ratio of the annual amount of the adjusted immediately commencing straight life annuity under the Plan at the Participant’s Annuity Starting Date to the annual amount of the adjusted immediately commencing straight life annuity under the Plan commencing at age 65, both determined without applying the limitations of this Article. For this purpose, the adjusted immediately commencing straight life annuity under the Plan at the Participant’s Annuity Starting Date is the annual amount of such annuity payable to the Participant, computed disregarding the Participant’s accruals after age 65 but including actuarial adjustments even if those actuarial adjustments are used to offset accruals; and the adjusted immediately commencing straight life annuity under the Plan at age 65 is the annual amount of such annuity that would be payable under the Plan to a hypothetical Participant who is age 65 and has the same accrued benefit as the Participant. (c) No Mortality Adjustment Unless Benefit Forfeited at Death. No adjustment will be made to the Annual Benefit Limit to reflect the probability of the Participant’s death between the Annuity Starting Date and age 62 or between age 65 and the Annuity Starting Date, unless the Participant’s benefit is forfeited at death before the Annuity Starting Date. (d) Special Rule for Qualified Police or Firefighters. The adjustment described in subsection (a) of this Section shall not apply if the Participant’s benefit is based on at least 15 years as a full-time employee of any police or fire department or as a member of the armed forces of the United States.
(e) Special Rule for Death and Disability Benefits. The adjustment described in subsection (a) of this Section shall not apply to preretirement disability benefits or preretirement death benefits.

5.09 Benefits Not in Excess of $10,000. The benefit payable to a Participant is treated as not exceeding the Annual Benefit Limit if:
22 4888-7598-9807.v2
(a) The retirement benefits payable for a Limitation Year under any form of benefit with respect to the Participant under this Plan and all other defined benefit plans (without regard to whether the Plan has been terminated) ever maintained by the Employer or an Affiliate do not exceed $10,000 multiplied by a fraction:
(1) the numerator of which is the Participant’s number of Years (or part thereof, but not less than one year) of Service (not to exceed 10) with the Employer or an Affiliate; and
(2) the denominator of which is 10; and
(b) The Participant has never participated in any in any qualified defined contribution plan ever maintained by the Employer or an Affiliate.

5.10 Correction of Excess Annual Additions. Any excess Annual Additions shall be corrected using the methods specified in section 6.06 and Appendix A.08 of Revenue Procedure 2008-50 or any subsequent guidance promulgated by the Secretary of the Treasury describing the procedures for correcting excess Annual Additions under the Employee Plans Compliance Resolution System (“EPCRS”) or its successor.

5.11 Definitions. For purposes of this Section, the following terms have the following meanings:
(a) “Affiliate” means all members of a controlled group of corporations (as defined in Section 414(b) of the Code, as modified by Section 415(h) of the Code), all commonly controlled trades or businesses (as defined in Section 414(c) of the Code, as modified, except in the case of a brother-sister group of trades or businesses under common control, by Section 415(h) of the Code), or affiliated service groups (as defined in Section 414(m) of the Code) of which the Employer is a part, and any other entity required to be aggregated with the Employer pursuant to Section 414(o) of the Code.
(b) “Annual Additions” means the sum of the amounts credited to a Participant’s Accounts under the Plan and any other qualified defined contribution plans maintained by the Employer or an Affiliate for the Limitation Year described in paragraph (1) and excludes all of the amounts described in paragraph (2) of this subsection:
(1) Annual Additions includes:
(A) Employer contributions;
(B) Employee contributions (after-tax), including mandatory contributions (as defined in section 411(c)(2)(C) of the Code and Treasury regulations issued thereunder), as well as voluntary employee contributions used to purchase permissive service credit (as Defined in Code section 415(n)(3)) if an election is made to treat those amounts as Annual Additions in the year contributed pursuant to Code section 415(n)(1). (C) Forfeitures;
23 4888-7598-9807.v2
(D) Amounts allocated to the Participant’s individual medical account (within the meaning of section 415(l)(2) of the Code), which is part of a pension or annuity plan maintained by the Employer or Affiliate, except that such amounts are not included in Annual Additions for purposes of applying the 100% of compensation limit. (2) Annual Additions excludes:
(A) Repayments of cash-outs as described in section 415(k)(3) of the Code (for example, to purchase restoration of an accrued benefit that was lost when employee contributions were previously cashed out) for the Limitation Year in which the restoration occurs;
(B) Catch-up contributions made in accordance with Code section 414(v);
(C) Restorative payments described in Treasury regulations section 1.415(c)-1(b)(2)(ii)(C);
(D) Excess deferrals that are distributed in accordance with Treasury regulations section 1.402(g)-l(e)(2) or (3);
(E) Rollover contributions (as described in sections 401(a)(31), 402(c)(1), 403(a)(4), 403(b)(8), 408(d) and 457(e)(16) of the Code); (F) Loan repayments;
(G) Employee contributions to a qualified cost-of-living arrangement described in Code section 415(k)(2)(B);
(H) Employee contributions picked up by the Employer under Code section 414(h)(2);
(I) Make-up contributions attributable to a period of qualified military service, as defined in Code section 414(u), with respect to the year in which the contribution is made (but not with respect to the year to which the contribution relates); and (J) Employee contributions to purchase permissive service credit (as defined in Code section 415(n)(3)) if an election is made to treat the accrued benefit derived from all such contributions as an annual benefit subject to the limits of Code section 415(b).
(c) “Annual Benefit” means a benefit that is payable annually in the form of a straight life annuity. Except as provided in Section paragraph (1) of this subsection, where a benefit is payable in a form other than a straight life annuity, the benefit shall be adjusted to an actuarially equivalent straight life annuity that begins at the same time as such other form of benefit and is payable on the first day of each month.
(1) No actuarial adjustment to the benefit shall be made for:
24 4888-7598-9807.v2
(A) Survivor benefits payable to a surviving Spouse under a joint and survivor annuity option provided under Article 4 that would qualify as a qualified joint and survivor annuity defined in section 417(b) of the Code; (B) Benefits that are not directly related to retirement benefits (such as pre-retirement qualified disability benefits, preretirement incidental death benefits, and postretirement medical benefits); or
(C) The inclusion in the form of benefit of automatic, periodic increases to the benefits, provided:
(i) The form of benefit is not a lump sum, installment, decreasing annuity, or term certain;
(ii) The form of benefit would otherwise satisfy the
limitations of this Article; and
(iii) The amount payable under the form of benefit in
any Limitation Year must not exceed the limits of this Article applicable at the Annuity Starting Date, as increased in subsequent years pursuant to section 415(d) of the Code. (2) Rules for determining Annual Benefit. The determination of the Annual Benefit shall take into account social security supplements described in section 411(a)(9) of the Code and benefits transferred from another defined benefit plan, other than transfers of distributable benefits pursuant section 1.411(d)-4, Q&A-3(c), of the Treasury regulations, but shall disregard benefits attributable to employee contributions or rollover contributions. Benefits attributable to Participant contributions do not include any benefits that are made on a pre-tax basis such as employee contributions picked up by the Employer under section 414(h)(2) of the Code or such as Participant contributions that are actually paid by the Participant’s Employer.

The amount of any benefits attributable to Participant contributions and to rollover contributions shall be determined in accordance with section 415 of the Code. (3) Multiple Annuity Starting Dates. For a Participant who has or will have distributions commencing at more than one Annuity Starting Date, the Annual Benefit shall be determined as of each such Annuity Starting Date (and shall satisfy the limitations of these regulations as of each such date), actuarially adjusting for past and future distributions of benefits commencing at the other Annuity Starting Dates. For this purpose, the determination of whether a new starting date has occurred shall be made in accordance with section 1.415(b)- 1(b)(1)(iii)(B) and (C) of the Treasury regulations.
(4) Adjustment to other forms of benefit. Effective for distributions in Plan Years beginning after December 31, 2003, except as provided in paragraph 1 of this subsection, if the Participant’s benefit is payable in a form other than a straight life annuity, then, the actuarially equivalent straight life annuity shall be determined in accordance with A or B below, whichever is applicable.
(A) Annuities. If the Participant’s benefit is payable in the form of a non-decreasing life annuity or other form of benefit described in section 1.417(e)- 25 4888-7598-9807.v2
1(d)(6) of the Treasury regulations (e.g., other than a lump sum, installments, a decreasing annuity or a term certain), then the actuarially equivalent straight life annuity is determined as follows:
(i) Limitation Years beginning before July 1, 2007.

For Limitation Years beginning before July 1, 2007, the actuarially equivalent straight life annuity is determined using:
(I) The Applicable Mortality Table; and
(II) An interest rate that is not less than the
greater of:
(a) 5%; or
(b) The interest rate specified in
Section 1.03 of the Plan.
(ii) Limitation Years beginning on or after July 1, 2007.

For Limitation Years beginning on or after July 1, 2007, the actuarially equivalent straight life annuity is equal to the greater of:
(I) The annual amount of the straight life
annuity (if any) payable to the Participant under the Plan commencing at the same Annuity Starting Date as the Participant’s form of benefit; or
(II) The annual amount of the straight life
annuity commencing at the same Annuity Starting Date that is actuarially equivalent to the Participant’s form of benefit, computed using a 5% rate and the Applicable Mortality Table for that Annuity Starting Data.
(B) Lump Sums and Installments. If the Participant’s benefit is payable in the form of a lump sum, installments, a decreasing annuity, term certain or other form of benefit not described in section 1.417(e)-1(d)(6) of the Treasury regulations, then the actuarially equivalent straight life annuity is determined as follows:
(i) Annuity Starting Date in Plan Years Beginning
After 2005. If the Participant’s Annuity Starting Date is in a Plan Year beginning after 2005, the actuarially equivalent straight life annuity is equal to the greatest of:
(I) The annual amount of the straight life
annuity commencing at the same Annuity Starting Date that is Actuarially Equivalent to the Participant’s form of benefit, computed using the interest rate and the mortality table specified in Section 1.03 of the Plan for determining actuarial equivalence; (II) The annual amount of the straight life
annuity commencing at the same Annuity Starting Date that has the same actuarial present value 26 4888-7598-9807.v2
as the Participant’s form of benefit, computed using a 5.5% interest rate and the Applicable Mortality Table; or
(III) The annual amount of the straight life
annuity commencing at the same Annuity Starting Date that has the same actuarial present value as the Participant’s form of benefit, computed using the Applicable Interest Rate and the Applicable Mortality Table, divided by 1.05.
(ii) Annuity Starting Date in Plan Years Beginning in
2004 or 2005. If the Participant’s Annuity Starting Date is in a Plan Year beginning in 2004 or 2005, the actuarially equivalent straight life annuity is equal to the annual amount of the straight life annuity commencing at the same Annuity Starting Date that has the same actuarial present value as the Participant’s form of benefit, computed using whichever of the following produces the greater annual amount:
(I) The interest rate and the mortality table
specified in Section 1.03 of the Plan for determining Actuarial Equivalence; or (II) A 5.5% interest rate and the Applicable
Mortality Table.

If the Participant’s Annuity Starting Date is after December 31, 2003, and before January 1, 2005, the application of this Section 5.11(c)(4)(B)(ii) shall not cause the amount payable under the Participant’s form of benefit to be less than the benefit calculated under the Plan, taking into account the limitations of this Article had the amount been determined using the Applicable Interest Rate in effect as of the last day of the last Plan Year beginning before January 1, 2004. (d) “Applicable Interest Rate” means for distributions with Annuity Starting Dates before July 1, 2008, a rate of interest equal to the annual rate of interest on 30-year Treasury securities for the third month preceding the stability period, which is the Plan Year containing the Annuity Starting Date and for which the Applicable Interest Rate must remain constant. Effective for distributions with Annuity Starting Dates on or after July 1, 2008, “Applicable Interest Rate” means the “applicable interest rate” defined in section 417(e)(3)(C) of the Code determined as of the third month preceding the stability period, which is the Plan Year containing the Annuity Starting Date and for which the Applicable Interest Rate must remain constant.
(e) “Applicable Mortality Table” means the mortality table used for purposes of adjusting any benefit or limitation under Section 415(b) of the Code as prescribed by the Internal Revenue Service to be applicable at such time. Effective for distributions with Annuity Starting Dates on or after December 31, 2001, and before January 1, 2008, the “Applicable Mortality Table” is the table prescribed in Revenue Ruling 2001-62. Effective with respect to distributions with Annuity Starting Dates on or after January 1, 2008, the Applicable Mortality Table” is the table prescribed by the Internal Revenue Service pursuant to Section 417(e)(3)(B) of the Code as set forth in Revenue Ruling 2007-67 or subsequent guidance from the Internal Revenue Service.
27 4888-7598-9807.v2
(f) “Severance From Employment” means the Participant ceases to be an employee of the Employer and all Affiliates. A Participant does not have a Severance From Employment if, in connection with a change of employment, the Participant’s new employer maintains the Plan with respect to the Participant.
(g) “Total Compensation” means all items of remuneration described in paragraph (1) and excludes all items of remuneration described in paragraph (2) of this subsection.
(1) Total Compensation includes all of the following items of remuneration for services:
(A) A Participant’s wages, salaries, fees for professional services, and other amounts received (without regard to whether or not an amount is paid in cash) for personal services actually rendered in the course of employment with the Employer and any Affiliate to the extent that the amounts are includible in gross income (or to the extent that amounts would have been includible in gross income but for an election under Code section 125(a), 132(f)(4), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b)). These amounts include, but are not limited to, bonuses, fringe benefits, and reimbursements, or other expense allowances under a nonaccountable plan, as described in section 1.62-2(c) of the Treasury regulations; (B) Amounts described in section 104(a)(3), 105(a), or 105(h) of the Code, but only to the extent that these amounts are includible in the gross income of the Participant;
(C) Amounts paid or reimbursed by the Employer or an
Affiliate for moving expenses incurred by a Participant, but only to the extent that at the time of the payment it is reasonable to believe that these amounts are not deductible by the Participant under section 217 of the Code;
(D) The amount includible in the gross income of a Participant upon making the election described in section 83(b) of the Code; (E) Amounts that are includible in the gross income of a Participant under the rules of section 409A of the Code or section 457(f)(1)(A) of the Code, or because the amounts are constructively received by the Participant; and (F) Effective for Plan Years beginning after December 31, 2008, differential wage payments (as defined in section 3401(h)(2) of the Code). (2) Total Compensation excludes each of the following items:
(A) Employer contributions (other than elective contributions described in section 402(e)(3), 408(k)(6), 408(p)(2)(A)(i), or 457(b) of the Code) to a deferred compensation plan (including a simplified employee pension described in Code section 408(k) or a simple retirement account described in section 408(p) of the Code, and whether or not qualified) to the extent such contributions are not includable in the Participant’s gross income for the taxable year in which contributed, and any distributions (whether or not includible in gross 28 4888-7598-9807.v2
income when distributed) from a deferred compensation plan (whether or not qualified) other than amounts received during the year by a Participant pursuant to a nonqualified unfunded deferred compensation plan to the extent includible in gross income; (B) Other amounts that receive special tax benefits, such as premiums for group term life insurance (but only to the extent that the premiums are excludible from the gross income of the Participant, and are not salary reduction amounts that are described in section 125 of the Code);
(C) Other items of remuneration that are similar to any of the items listed in (A) and (B), above.
(3) Timing.
(A) In order to be taken into account for a Limitation Year, Total Compensation must be paid or made available (or, if earlier, includible in the gross income of the Participant) during the Limitation Year. For this purpose, compensation is treated as paid on a date if it is actually paid on that date or it would have been paid on that date but for an election under section 125, 132(f)(4), 401(k), 403(b), 408(k), 408(p)(2)(A)(i), or 457(b) of the Code).
(B) In order to be taken into account for a Limitation Year, Total Compensation must be paid or treated as paid to the Participant prior to the Participant’s Severance From Employment with the Employer; provided, however, that Total Compensation includes amounts paid to the Participant by the later of 2½ months after Severance From Employment or the end of the Limitation Year that includes the Severance From Employment date if the amounts are regular compensation for services during the Participant’s regular working hours, compensation for services outside the Participant’s regular working hours (such as overtime or shift differential), commissions, bonuses, or other similar compensation that absent a Severance From Employment would have been paid to the Participant while the Participant continued in employment with the Employer.
(C) Total Compensation does not include amounts paid after Severance From Employment that are severance pay, unfunded nonqualified deferred compensation, or any other payment that is not described in the preceding subparagraph, even if paid within 2½ months, except for:
(i) Payments to an individual who does not currently
perform services for the Employer by reason of qualified military service (as defined in section 414(u) of the Code) to the extent that these payments do not exceed the amounts that the individual would have received if the individual had continued to perform services for the Employer rather than entering qualified military service; and (ii) Payments to a Participant who is permanently and
totally disabled; provided, however that salary continuation applies to all Participants who are permanently and totally disabled for a fixed or determinable period. For this purpose, a Participant is permanently and totally disabled only if the Participant is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental 29 4888-7598-9807.v2
impairment which can be expected to result in death or which has lasted, or can be expected to last, for a continuous period of not less than 12 months. (4) Limit. A Participant’s Total Compensation shall not include compensation in excess of the limitation of section 401(a)(17) of the Code that is in effect for the calendar year in which such Limitation Year begins.
(h) “Year of Participation” means each accrual computation period for which the following conditions are met:
(1) The Participant is credited with at least the number of Hours of Service or period of service for benefit accrual purposes, required under the terms of the Plan in order to accrue a benefit for the accrual computation period; and (2) The Participant is included as a Participant under the eligibility provisions of the Plan for at least one day of the accrual computation period. If these two conditions are met, the portion of a Year of Participation credited to the Participant shall equal the portion of a year of benefit accrual service credited to the Participant for such accrual computation period.

A Participant who is permanently and totally disabled within the meaning of Section 415(c)(3)(C)(i) of the Code for an accrual computation period shall receive a Year of Participation with respect to that period. In no event shall more than one Year of Participation be credited for any 12-month period.
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ARTICLE 6

CLAIMS PROCEDURE

6.01 Claim for Benefits. A Plan Participant or Beneficiary must make a claim for Plan benefits by filing a written request with the Committee at the time and in the manner specified by the Committee.

6.02 Claim Denial. If a claim is wholly or partially denied, the Committee must furnish the Participant or Beneficiary with written notice of the denial within 60 days of the date the original claim was received. This notice of denial must provide:
(a) the reason for denial,
(b) specific reference to pertinent Plan provisions on which the denial was based,
(c) a description of any additional information needed to perfect the claim and an explanation of why such information is necessary, and (d) an explanation of the Plan’s claim procedure.

6.03 Appeal of Denied Claim. The Participant or Beneficiary has 60 days from receipt of denial notice in which to make written application for review by the Committee. The Participant or Beneficiary may request that the review be in the nature of a hearing. The Participant or Beneficiary has the rights:
(a) to representation,
(b) to review pertinent documents, and
(c) to submit comments in writing.

6.04 Decision on Appeal. The Committee shall issue a decision on such review within 60 days after receipt of an application for review, as provided in Section 6.03. 31 4888-7598-9807.v2
ARTICLE 7

COMMITTEE

7.01 Committee Membership.
(a) The City Council of the City of Delano shall appoint a Committee, hereinafter referred to as the “Committee,” consisting of five members. Two of such members shall be elected by General Participants. The remaining three members shall be appointed by the Mayor of the City of Delano, with approval of the City Council. Members shall not be subject to the residency requirements as set forth in Delano City Municipal Code Chapter 2.32. (b) Two of the initial Committee members shall serve a two-year term, with one from the elected members and one from the appointed members. The remaining three members shall serve a four-year term. Upon expiration of the original term of office, a member may be re-elected or re-appointed for a four-year term and shall not be subject to term limits, as set forth in Delano City Municipal Code Chapter 2.32.
(c) A member of the Committee appointed by the City Council shall serve the member’s full term unless dismissed by the City Council, with or without cause, or becomes ineligible to serve. A vacancy shall be filled in the same manner as the original appointment.

7.02 Committee Action.
(a) The Committee shall choose a Secretary, who need not be one of its members (hereinafter referred to as “Secretary”) who shall keep minutes of its proceedings and all records and documents pertaining to its administration of the Plan. Any action of the Committee shall be taken pursuant to a majority vote, or to the written consent of a majority of its members and such action shall constitute the action of the Committee and be binding on the same as if all members had joined therein. A quorum of the Committee shall consist of a majority of its then acting members. The Secretary may execute any certificate or other written direction on behalf of the Committee. All directions to the Trustee shall be in writing signed by the Secretary or other person or persons duly authorized to sign by the Committee. The Trustee or any third person dealing with the Committee may conclusively rely upon any certificate or other written direction so executed.
(b) A member of the Committee shall not vote or act upon any matter which relates solely to himself as a Participant. If a matter arises affecting one of the members of the Committee as a Participant and the other members of the Committee are unable to agree as to the disposition of such matter, the City Council shall appoint a substitute member to the Committee in the place and stead of the affected member, for the sole and only purpose of passing upon and deciding the particular matter.

7.03 Rights and Duties. The Committee, on behalf of the Participants and their Beneficiaries, shall be responsible for the control and management of the Plan, and shall enforce the Plan in accordance with its terms, and shall be charged with the general administration of the 32 4888-7598-9807.v2
Plan. The Committee shall have all powers and duties necessary to accomplish those purposes, including but not by way of limitation, the following:
(a) To interpret the provisions of the Plan and to determine all questions arising in the administration and application of the Plan; (b) To determine all questions relating to the eligibility of Employees to participate;
(c) To determine, compute and certify to the Trustee the amount and kind of benefits payable to Participants and their Beneficiaries; (d) To authorize disbursements for the payment of benefits under this Plan by the Trustee from the Trust;
(e) To appoint one or more investment managers to direct the Trustee with respect to the investment of Trust assets; to review periodically the performance of the Trustee or an investment manager; and to reappoint, remove or change such an investment manager; (f) To maintain all necessary records for the administration of the Plan other than those maintained by the Trustee;
(g) To make and publish such rules for the regulation of the Plan which are not inconsistent with the terms hereof;
(h) To engage an actuary or actuaries to make calculations required in the operation of the Plan, and such other persons as it may deem proper to render legal, accounting and other services;
(i) To approve mortality tables, interest rates and other factors required to be taken into account in connection with the actuarial matters arising under the Plan; (j) To establish claims procedures consistent with regulations of the Secretary of Labor for presentation of claims by Participants and Beneficiaries for Plan benefits, consideration of such claims, review of claim denials and issuance of decisions on review; (k) To render such reports and statements to Participants, Beneficiaries and government agencies as shall be prescribed by the Code, and applicable laws and regulations; (l) To determine current and future benefit distribution requirements and to inform the Trustee or Investment Manager of such requirements.

All action of the Committee shall be conclusive on all persons interested in the Plan except to the extent otherwise specifically indicated herein.

Notwithstanding the foregoing, the Committee shall have no responsibility or authority with regard to the investment, control, or management of Plan assets (other than as specified in 33 4888-7598-9807.v2
paragraphs (c), (d), and (e) above). Such responsibility and authority shall rest entirely with the Trustee or such investment manager as may be appointed to manage the investments of the Trust.

7.04 Delegation. The Committee may delegate any of its responsibilities under the Plan to any other person. Such delegation shall be accomplished by a written instrument executed by the Secretary of the Committee specifying the responsibilities delegated and the fiduciary responsibilities allocated to such delegate. The allocation of such responsibilities shall be effective upon the date specified in the delegation subject to written acceptance by the delegate. Any such delegation of responsibilities under this Section shall provide for reports, no less often than annually, by such delegate to the Committee of such information necessary to fully inform the Committee of the status and operation of the Plan and of the delegate’s discharge of the responsibilities delegated.

7.05 Transmittal of Information. In order to enable the Committee to perform its functions under the Plan, the Employer shall supply full and timely information to the Committee or its authorized representative on all matters relating to the compensation of all Participants, their employment, retirement, death, or the cause for termination of employment and such other pertinent facts as may be required.

7.06 Duty of Care. In the exercise of its powers and duties under the Plan, the Committee shall act solely in the interest of the Participants and Beneficiaries of Plan and shall discharge its duties hereunder with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of a like character and with like aims.

7.07 Compensation and Expenses. The members of the Committee or any delegate shall serve without compensation for their services hereunder. All reasonable expenses of the Plan, including expenses incurred by the Committee in connection with the performance of its duties, will be paid from Trust assets, unless paid by the Employer.

7.08 Reliance on Reports and Certificates. The members of the Committee and any delegates of the Committee shall be entitled to rely upon all tables, valuations, certificates and reports furnished by any duly appointed actuary, and on all certificates and reports made by the Trustee or by any duly appointed accountant, and on all opinions given by any duly appointed legal counsel.

7.09 Relationship of Fiduciaries. Each fiduciary of the Plan will be solely responsible for its own acts or omissions. Except to the extent imposed by applicable law, no fiduciary shall have the duty to question whether any other fiduciary is fulfilling any or all of the responsibilities imposed upon such other fiduciary. No fiduciary shall have any liability for a breach of fiduciary responsibility of another fiduciary with respect to the Plan or Trust unless the fiduciary knowingly participates in such breach, knowingly undertakes to conceal such breach, has actual knowledge of such breach and fails to take reasonable remedial action to remedy said breach or, through the fiduciary’s negligence in performing the fiduciary’s own specific fiduciary responsibilities, has enabled such other fiduciary to commit a breach of the latter’s fiduciary responsibilities.
34 4888-7598-9807.v2
ARTICLE 8

MISCELLANEOUS PROVISIONS

8.01 Plan Continuance Not Employer Obligation. It is the expectation and intention of the Employer that this Plan will continue indefinitely, but the continuance of this Plan is not assumed as a contractual obligation by the Employer, and the right is reserved by the Employer, at any time to reduce, suspend or discontinue contributions to the Trust or terminate this Plan; provided, however, that no amendment, alteration, modification or termination of the Plan may adversely affect the accrued rights of any Participant without corresponding advantages.

8.02 Plan Termination Upon Dissolution. The Plan will terminate in the event:
(a) The Employer is dissolved and liquidated, or
(b) The Employer is merged or consolidated with or transfers all or substantially all of the assets of the Employer to a successor or transfers to a successor all or substantially all of the assets of the Employer and such successor does not within 180 days elect to continue the Plan.

8.03 Effect of Plan Termination or Discontinuance of Contributions. In the event of a termination or a complete discontinuance of contributions to the Trust, the rights of all affected Participants to benefits then accrued, to the extent then funded, will thereupon become 100% Vested and nonforfeitable, subject to the order of priority set forth below, and the Trustee will make a prompt determination of the fair market value of the Trust assets and it will then be applied so as to provide (to the extent not already provided) benefits in said order of priority.

Benefits for each such person will be computed on the basis of credited service accrued up to the date of said termination or discontinuance.
(a) Allocation of Assets. In the case of the termination of this Plan, the Committee will allocate the assets thereof (available to provide benefits) among the Participants and Beneficiaries of the Plan as follows:
(1) First, in the case of benefits payable as an annuity:
(A) In the case of the benefit of a Participant or Beneficiary which was in pay status as of the beginning of the three year period ending on the termination date of the Plan, to each such benefit, based on the provisions of the Plan (as in effect during the five-year period ending on such date) under which such benefit would be the least; (B) In the case of a Participant’s or Beneficiary’s benefit (other than a benefit described in subparagraph (A)) which would have been in pay status as of the beginning of such three year period if the Participant had retired prior to the beginning of the three year period and if the Participant’s benefits had commenced (in the normal form of annuity under the Plan) as of the beginning of such period, to each such benefit based on the provisions of the Plan (as in effect during the five year period ending on such date) under which such benefit would be the least. For purposes of subparagraph (A), the lowest benefit in pay status during a three year period shall be considered the benefit in pay status for such period. 35 4888-7598-9807.v2
(2) Second,
(A) To all other benefits (if any) of individuals under the Plan that would be guaranteed under Title IV of ERISA (determined without regard to Section 4022(b)(5) of said Act) if Title IV of ERISA applied to the Plan, and (B) To the additional benefits (if any) which would be
determined under subparagraph (A) without regard to Section 4022(b)(6) of ERISA.

For purposes of this paragraph, Section 4021 of said Act shall be applied without regard to subsection (c) thereof.
(3) Third, to all other nonforfeitable benefits under the Plan. (4) Fourth, to all other benefits under the Plan.
(b) Adjustments and Limitations. For purposes of subsection (a) above:
(1) The amount allocated under any paragraph with respect to any benefit shall be properly adjusted for any allocation of assets with respect to that benefit under a prior paragraph.
(2) If the assets available for allocation under any paragraph (other than paragraphs (3) and (4) of subsection (a) above) are insufficient to satisfy in full the benefits of all individuals which are described in that paragraph, the assets shall be allocated pro rata among such individuals on the basis of the present value (as of the termination date) of their respective benefits described in that paragraph.
(3) This paragraph applies if the assets available for allocation under paragraph (3) of subsection (a) above are not sufficient to satisfy in full the benefits of individuals described in that paragraph.
(A) If this paragraph applies, except as provided in
subparagraph (B), the assets shall be allocated to the benefits of individuals described in such paragraph (3) on the basis of the benefits of individuals which would have been described in such paragraph (3) under the Plan as in effect at the beginning of the five year period ending on the date of Plan termination.
(B) If the assets available for allocation under subparagraph (A) are sufficient to satisfy in full the benefits described in such subparagraph (without regard to this subparagraph), then for purposes of subparagraph (A), benefits of individuals described in such subparagraph shall be determined on the basis of the Plan as amended by the most recent Plan amendment effective during such five year period under which the assets available for allocation are sufficient to satisfy in full the benefits of individuals described in subparagraph (A) and any assets remaining to be allocated under such subparagraph shall be allocated under subparagraph (A) on the basis of the Plan as amended by the next succeeding Plan amendment effective during such period.
36 4888-7598-9807.v2
(c) Distribution of Residual Assets. Any residual assets of a Plan may be distributed to the Employer if:
(1) All liabilities of the Plan to Participants and their Beneficiaries have been satisfied; and
(2) The distribution does not contravene any provision of law.

Such allocation and provision for the retirement benefits shall be accomplished through either continuance of the Trust, the creation of a new trust, or the purchase of annuity contracts; provided, however, that the Committee upon finding that it is not practicable or desirable under the circumstances to do any of the foregoing with respect to one or more of the groups listed above, may provide some other means, including cash payments, but no change will be effected in the order or precedence and the basis of allocation established above.

8.04 Limitation on Rights of Participants. Nothing contained in the Plan shall give any Employee the right to be retained in the service of the Employer or to interfere with or restrict the right of the Employer, which is hereby expressly reserved, to discharge or retire any Employee or to change an Employee’s rate of compensation at any time with or without cause.

Inclusion under the Plan will not give any Participant any right or claim to a retirement income or any other benefit hereunder except to the extent such right has specifically become fixed under the terms of the Plan and there are funds available therefore in the hands of the Trustee.

The doctrine of substantial performance shall have no application to Participants. Each condition and provision, including numerical items, has been carefully considered and constitutes the minimum limit on performance which will give rise to the applicable right.

8.05 Payment on Behalf of a Minor or Incompetent. In the event any amount becomes payable under the Plan to a minor or a person who, in the sole judgment of the Committee, is considered by reason of physical or mental condition to be unable to give a valid receipt therefor, the Committee may direct that such payment be made to any person found by the Committee, in its sole judgment to have assumed the care of such minor or incompetent. Such determination shall constitute a full release and discharge of the Trustee, the Committee, the Employer and its officers and Employees.

8.06 Amendments. The Employer shall have the right to amend this Plan from time to time to amend or cancel any such amendments. Such amendment shall be stated in an instrument in writing, executed by the Employer in the same manner as this Plan. Except as may be required to permit the Plan to meet the requirements for qualification and tax exemption under the Code, or any other applicable law, no amendment may be made which may:
(a) cause any of the assets of the Plan or Trust, at any time prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, to be used for or diverted to purposes other than the exclusive benefit of Participants and their Beneficiaries and for defraying reasonable expenses of administering the Plan; (b) have any retroactive effect so as to deprive any Participant or Beneficiary of any benefit which the Participant would be entitled to under this Plan if the Participant’s employment were terminated at the time of such amendment. 37 4888-7598-9807.v2

8.07 Alienation. None of the benefits, payments, proceeds or claims of any Participant, or Beneficiary, shall be subject to any claim of any creditor and, in particular, the same shall not be subject to attachment or garnishment or other legal process by any creditor, nor shall any such Participant or Beneficiary have any right to alienate, anticipate, commute, pledge, encumber or assign any of the benefits or payments or proceeds which the Participant may expect to receive, contingently or otherwise, under this Plan.

8.08 Errors and Misstatements. In the event of any misstatement, omission of fact or error resulting in payment of benefits in an incorrect amount, the Committee shall promptly cause the amount of future payments to be corrected upon discovery of the true facts, and shall cause the Trustee to pay the Participant or the Participant’s Beneficiary any underpayment, in a lump sum cash amount, or to recoup any overpayment from future payments to the Participant or the Participant’s Beneficiary in such amounts as the Committee shall direct, or to proceed against the Participant or the Participant’s Beneficiary for recovery of any such overpayment.

8.09 Titles. Titles are provided herein for convenience only and are not to serve as a basis for interpretation or construction of this Plan.

8.10 Governing Law; Severability. This Plan and the Trust shall be construed, administered, and governed in all respects in accordance with the applicable laws of the State of California to the extent not preempted by applicable federal law; provided, however, that if any provision is susceptible to more than one interpretation, such interpretation shall be given thereto as is consistent with this Plan being a tax-qualified employee benefit plan within the meaning of Section 401(a) of the Code. If any provision of this instrument shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions hereof shall continue to be fully effective.

8.11 Merger or Consolidation. This Plan shall not be merged or consolidated with, nor shall its assets or liabilities be transferred to any other plan unless each Participant in this Plan (if the Plan then terminated) would receive a benefit immediately after the merger, consolidation, or transfer which is equal to or greater than the benefit the Participant would have been entitled to receive immediately before the merger, consolidation, or transfer (if this Plan had been terminated). Where the foregoing requirement is satisfied this Plan may be merged or consolidated with another qualified Plan.

8.12 Contributions not Recoverable. It shall be impossible for any part of the contributions made under this Plan to be used for, or diverted to, purposes other than the exclusive benefit of Participants and their Beneficiaries and defraying reasonable expenses of administering the Plan; provided, however, that notwithstanding this or any other provision of this Plan, contributions made by the Employer because of a good faith mistake in fact may be returned to the Employer within one year of the date of the contribution.

8.13 Qualified Domestic Relations Order. This Plan must follow the terms of any qualified domestic relations order issued with respect to a Participant. A “Qualified Domestic Relations Order” is any judgment, decree or order, including the approval of a property settlement or agreement, provided that:
38 4888-7598-9807.v2
(a) The order relates to the provision of child support, alimony or marital property rights and is made pursuant to state domestic relations or community property laws; (b) The order creates or recognizes the existence of an Alternate Payee’s right to receive all or a portion of a Participant’s Account balance; (c) The order specifies the name and last known mailing address of the Participant and each Alternate Payee covered by the order; (d) The order specifies the amount or percentage of the Participant’s Account balance to be paid to each Alternate Payee or the manner in which the amount or percentage is to be determined;
(e) The order specifies the number of payments or the period to which the order applies;
(f) The order specifically names this Plan as the plan to which the order applies;
(g) The order does not require this Plan to provide any type of benefits or form of benefits not otherwise provided under this Plan; (h) The order does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined by the Committee to be a Qualified Domestic Relations Order; and (i) if the order requires that payments to the Alternate Payee commence before they commence with respect to the Participant, the order specifies that payments will not commence before the Participant attains or would have attained the earliest allowable retirement age under the Plan.

A Qualified Domestic Relations Order may provide that a former Spouse or Domestic Partner of the Participant is to be treated as a surviving Spouse or Domestic Partner for purposes of the death benefit provisions of this Plan. The following sets forth the procedures under which the Committee shall determine whether a domestic relations order properly qualifies.

The Committee shall not treat any judgment, order or decree as a Qualified Domestic Relations Order, unless it meets all of the requirements set forth above. If the order meets these requirements, the Committee shall follow the terms of the order whether or not this Plan has been joined as a party to the legal proceeding out of which the order arises. Upon receipt of a domestic relations order, the Committee shall notify the Participant and Alternate Payee of (1) its receipt of the order and (2) its need to determine the qualified status of the order in accordance with this section.

The Alternate Payee may designate a representative to receive copies of future notices with respect to the qualified status of the order. To the extent an order calls for benefits to be paid to an Alternate Payee before the order is determined to be qualified, the Alternate Payee’s share of the benefits must be separately accounted for.
39 4888-7598-9807.v2
ARTICLE 9
PUBLIC EMPLOYEES’ PENSION REFORM ACT

9.01 Application and Interpretation. Effective January 1, 2013, this Article 9 takes precedence over any conflicting provision of the Plan. To the extent unchanged by this Article, the remaining provisions of the Plan remain in full force and effect. Article 9 will be interpreted and administered in accordance with the applicable provisions of PEPRA, as amended from time to time.

9.02 Provisions Applicable to All Participants. This Section 9.02 applies to every Participant, regardless of when his or her participation in the Plan begins. (a) No Retroactive Benefit Enhancements. Any enhancement to a Participant’s retirement benefit under the Plan that is adopted on or after January 1, 2013, will apply only to service performed on or after the operative date (as defined in section 7522.44 of the Government Code) of the enhancement, and will not be applied to any service performed before that date. This preceding sentence will not apply to any increase to a Participant’s annual cost-of-living adjustment under the Plan within existing statutory limits. (b) Purchases of Nonqualified Service Credit Prohibited. The purchase of a nonqualified service credit, as defined by section 415(n)(3)(C) of the Internal Revenue Code, is not permitted.
(c) Reinstatement of Retired Participants. Except as provided under Section

9.02(d), if a Participant who is receiving a retirement benefit under the Plan is employed by, or provides services to, the Employer, then the Participant will be subject to reinstatement. For this purpose, “reinstatement” means that the Participant’s benefit payments under the Plan will cease, and the Participant will resume participation in the Plan in accordance with Section 2.04. (d) Exception to Reinstatement. A retired Participant will not be subject to reinstatement under Section 9.02(c) if the following conditions are satisfied:
(1) The Employer’s appointing authority appoints the Participant either during an emergency to prevent stoppage of public business or because he or she has skills needed to perform work of a limited duration.
(2) The appointment does not exceed a total of 960 hours or other equivalent limit in a Plan Year.
(3) The rate of pay for the appointment is neither less than the minimum nor more than the maximum paid by the Employer to other Employees performing comparable duties, divided by 173.333 to equal an hourly rate.
(4) The Participant does not earn any benefit under the Plan during the appointment.
40 4888-7598-9807.v2
(5) Upon accepting the appointment, the Participant certifies in writing that he or she did not, during the 12 months preceding the appointment, receive any unemployment-insurance compensation arising the Participant’s prior employment with the Employer. If the Participant accepts the appointment after receiving that type of compensation, the Employer must terminate the Participant’s employment or service on the last day of the current pay period: and, this Section 9.02(d) will not apply to the Participant for 12 months after the termination date.
(6) The appointment may not begin within the 180-day period after the Participant’s retirement under the Plan, unless one of the following exceptions applies: (i) the Employer certifies the nature of the employment or service and that the appointment is necessary to fill a critically needed position before 180 days has passed, and the City Council of the City of Delano approves the appointment at a public meeting (the appointment may not be placed on a consent calendar), or (ii) the Participant is a public safety officer or firefighter. Neither exception, however, will apply if the Participant accepted a retirement incentive upon retirement.

9.03 Provisions Applicable to Post-2012 Participants. This Section 9.03 applies only to persons who become Participants on or after January 1, 2013. (a) Definition of Compensation. “Compensation” means the normal monthly rate of pay or base pay of the Participant paid by the Employer in cash to similarly situated Employees of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. Deferred amounts will be included in “Compensation” when earned rather than when paid. Effective September 6, 2022October 8, 2022, “Compensation” will include longevity pay and bilingual pay for service on and after September 6, 2022October 8, 2022. The following amounts are excluded from Compensation:
(1) Any amount that the Committee determines has been paid to increase the Participant’s retirement benefits under the Plan. (2) Any amount that (i) is paid in-kind to the Participant, or was paid directly to a third-party (other than the Plan) for the Participant’s benefit, and (ii) is subsequently converted to and received by the Employee in cash.
(3) Any one-time or ad hoc payments to the Participant. (4) Severance or any other payment that is granted or awarded to the Participant in connection with, or in anticipation of, a separation from employment, but is received by the Participant while employed.
(5) Any payments for unused vacation, annual leave, personal leave, sick leave, or compensatory time off, however denominated. (6) Any payments for additional services rendered outside of normal working hours.
41 4888-7598-9807.v2
(7) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniforms. (8) Compensation for overtime work, other than as defined in Section 207(k) of Title 29 of the United States Code.
(9) Employer contributions to deferred compensation or defined contribution plans.
(10) Any bonus paid in addition to the amounts described in Section (11) Any other form of compensation that the Committee determines is inconsistent with the requirements of Section 9.03(a).
(12) Any other form of compensation that the Committee determines should not be included in Compensation.
(13) For each calendar year, any amount in excess of the following applicable percentage of the contribution and benefit base specified in section 430(b) of Title 42 of the United States Code on January 1, 2013; (i) 100% for a Participant whose service is included under the old age, survivors, disability and health insurance provisions of the federal Social Security Act; or (ii) 120%, for a Participant whose service is not included under the old age, survivors, disability and health insurance provisions of the federal Social Security Act. The Committee will adjust the annual Compensation limit described in this paragraph after each actuarial valuation of the Plan based on changes to the Consumer Price Index for All Urban Consumers. The adjustment shall be effective annually on the January 1 following the annual valuation.
(b) Participant Contributions.
(1) Each Participant must contribute at least 50% of the normal cost of the Plan in accordance with section 7522.30 of the Government Code. The initial contribution rate will equal at least the greater of (i) 50% of the normal cost rate of the Plan, rounded to the nearest quarter of 1%, or (ii) the current contribution rate of similarly situated Employees. The Employer may not pay any portion of this contribution for any Participant. (2) Once established, the Participant contribution rate will be adjusted to reflect a change in the normal cost rate, but only if the normal cost rate increases by more than 1% of payroll above or below the normal cost rate in effect on the later of: (i) the date the Participant contribution rate is first established, or (ii) the date of the last adjustment to the Participant contribution rate under this paragraph. For purposes of this paragraph, the term “normal cost rate” means the annual actuarially determined normal cost for the Plan expressed as a percentage of payroll.
(3) The Participant contribution rate may be more than 50% of the normal cost rate, but only if the requirements of section 7522.30(e) of the Government Code are satisfied.
42 4888-7598-9807.v2
(4) To the extent the preceding provisions of this Section 9.03(b) would impair the terms of any contract or memorandum of understanding (MOU) in effect on January 1, 2013, between the Employer and its Employees, those provisions will not apply to the Employees covered by that contract or MOU until the earlier of (i) the contract’s or MOU’s expiration, or (ii) the renewal, amendment, or other extension of the contract or MOU. (c) Service Retirement Benefit.
(1) Each Participant who has (i) completed at least five Years of Service, (ii) reached age 52 (i.e., “Early Retirement Age” for persons who become Participants on or after January 1, 2013), and (iii) filed a written application with the Committee stating when he or she desires to retire, may retire for service and receive a “service retirement benefit.” (2) The service retirement benefit payable to a Participant upon retirement will equal the percentage of the Participant’s Final Average Compensation, as determined in accordance with the following schedule based on the Participant’s age at retirement, taken to the preceding quarter year, multiplied by the Participant’s Years of Service.

Age at Retirement Percentage
52 1.000%
52 ¼ 1.025%
52 ½ 1.050%
52 ¾ 1.075%
53 1.100%
53 ¼ 1.125%
53 ½ 1.150%
53 ¾ 1.175%
54 1.200%
54 ¼ 1.225%
54 ½ 1.250%
54 ¾ 1.275%
55 1.300%
55 ¼ 1.325%
55 ½ 1.350%
55 ¾ 1.375%
56 1.400%
56 ¼ 1.425%
56 ½ 1.450%
56 ¾ 1.475%
57 1.500%
57 ¼ 1.525%
57 ½ 1.550%
57 ¾ 1.575%
58 1.600%
58 ¼ 1.625%
58 ½ 1.650%
58 ¾ 1.675%
43 4888-7598-9807.v2
Age at Retirement Percentage
59 1.700%
59 ¼ 1.725%
59 ½ 1.750%
59 ¾ 1.775%
60 1.800%
60 ¼ 1.825%
60 ½ 1.850%
60 ¾ 1.875%
61 1.900%
61 ¼ 1.925%
61 ½ 1.950%
61 ¾ 1.975%
62 2.000%
62 ¼ 2.025%
62 ½ 2.050%
62 ¾ 2.075%
63 2.100%
63 ¼ 2.125%
63 ½ 2.150%
63 ¾ 2.175%
64 2.200%
64 ¼ 2.225%
64 ½ 2.250%
64 ¾ 2.275%
65 2.300%
65 ¼ 2.325%
65 ½ 2.350%
65 ¾ 2.375%
66 2.400%
66 ¼ 2.425%
66 ½ 2.450%
66 ¾ 2.475%
67 2.500%

9.04 Funding.
(a) In any Plan Year, the Employer’s contribution to the Plan, in combination with Participant contributions to the Plan, may not be less than the normal cost rate, as defined in Section 9.03(b)(2).
(b) The Committee may suspend contributions only when all of the following occur:
(1) The Plan is funded by more than 120%, based on the computation by the Plan’s actuary in accordance with the Governmental Accounting Standards Board requirements that is included in the annual valuation.
44 4888-7598-9807.v2
(2) The Plan’s actuary determines, based on the annual valuation, that continuing to accrue excess earnings could result in disqualification of the Plan’s tax-exempt status under the Internal Revenue Code.
(3) The Committee determines that the receipt of any additional contributions required by this subsection would conflict with its fiduciary responsibility set forth in Section 17 of Article XVI of the California Constitution.

9.05 Felony Convictions. If a Participant who is subject to sections 7522.70, 7522.72 or 7522.74 of the California Government Code is convicted of a felony described in the applicable section or sections, he or she shall forfeit his or her accrued rights and benefits, and will not accrue further benefits, in the Plan to the extent provided in the applicable section or sections. This paragraph will be interpreted and administered in accordance with the requirements of Sections 752270, 7522.72 and 7522.74 of the California Government Code, including, but not limited to, any applicable rules governing return of Participant contributions, notice, and reversal of conviction, which requirements are herein incorporated by this reference. 45 4888-7598-9807.v2
ARTICLE 10

RECIPROCITY

10.01 Purpose. The purpose of these reciprocal provisions is to extend to the members of other public agency retirement systems (hereinafter "reciprocal system") which adopt similar reciprocal provisions into their retirement ordinances or plans pursuant to Sections 20351, 20353, 31840.2 and 45310.5 of the Government Code, and who by contract agree to extend the benefits thereof to the City of Delano’s retirement program (hereinafter referred to as the “system”), the following rights in this system, provided such member enters into employment under this system or the reciprocal system within six months of terminating his employment under such other or this system. These reciprocity provisions are effective September 61924, 2022:. (a) Notwithstanding any provisions of this pPlan or a reciprocal system plan in the matter of vesting, a member whose movement between systems occurs as herein specified shall have the right to elect to leave his accumulated contributions on deposit irrespective of the amount of such contributions or the length of service credited to him. (b) The age of entry for a person entering this system for purposes of fixing member contribution rates from a reciprocal system shall be his age at entry into such reciprocal system.
(c) The average monthly salary during any period of service as a member of a reciprocal system shall be considered compensation earnable by a member of this system for purposes of computing final compensation for such member, provided he retires concurrently under both systems and is credited with such period of service under the reciprocal system at the time of retirement.
(d) Service, solely for purposes of meeting minimum service qualifications for benefits and retirement allowances under this system, shall also include service rendered as an officer or employee of a reciprocal system if the salary for such service constitutes compensation earnable by a member of this system.
(e) A member shall be retired for disability and receive a retirement allowance based on the service credited to him at the time of retirement during any period in which he receives a disability retirement allowance under a reciprocal system; provided, that such allowance shall not exceed an amount which when added to the allowance paid under the reciprocal system equals the allowance which would be paid for a non‐industrial disability if all the member's service had been credited under the reciprocal system; and provided further, that such allowance shall in no event be less than an annuity which is the actuarial equivalent of the member's contributions, whether or not the disability is for industrial reasons. (f) The death benefit for a member who dies from non‐industrial causes as a member of a reciprocal system shall not exceed an amount which when added to the death benefit paid for such member under the reciprocal system equals the maximum death benefit payable under that system; provided, however, that such death benefit shall be at least the amount of the accumulated contributions; and, provided further, that if death is caused by industrial injury or 46 4888-7598-9807.v2
disease in the reciprocal system the death benefit shall be the amount of the member's accumulated contributions.
(g) The governing body of this system shall on the request of a reciprocal system supply information and data necessary for administration of such system as it is affected by membership in and service credited under this system.
(h) Interpretation of these provisions shall be made with reference to interpretations that have been made relative to the California Public Employees' Retirement System ‐ 1937 Act County Employees' Retirement reciprocal provisions upon which they are based. (i) These provisions shall apply only to a member whose termination and entry into employment resulting in a change in membership from this system to such other system or from such other system to this system occurred after such acceptance by the board or after the effective date specified in the agreement; provided, however, that provisions relating to computation of final compensation shall apply to any other member if such provision would have applied had the termination and entry into employment occurred after such acceptance or determination by a system's governing board.
(j) Rights under this System shall be modified as necessary to conform to amendments to the Public Employees' Retirement Law or the County Employees' Retirement Law of 1937 as provided in Section 20353, Government Code.
47 4888-7598-9807.v2
IN WITNESS WHEREOF, the Employer has caused this Plan to be executed this ____ day of __________, 20221.

EMPLOYER

CITY OF DELANO
By
Bryan Osorio
Mayor
ATTEST:

By
A-1
4888-7598-9807.v2

APPENDIX A

PARTICIPANT CONTRIBUTIONS
Participant Group Contribution Rate
Individuals who became
Participants before 2013
Contribution Rate
Individuals who become
Participants on or after
January 1, 2013
Management Employees 9% The greater of (i) 9% or (ii)
the contribution amount
determined under Section

9.03(b) of the Plan
Miscellaneous Employees 6.2% The greater of (i) 6.2% or (ii) the contribution amount
determined under Section

9.03(b) of the Plan
The Employer may pay for all, or a portion of, the contributions required to be paid under this Appendix by individuals who became Participants before 2013 in accordance with memorandums of understanding between the Employer and collective bargaining units or individual employees.

Notwithstanding anything to the contrary, the contribution rates set out in this Appendix A are subject to adjustment in accordance with memorandums of understanding between the Employer and collective bargaining units or individual employees.

B-1
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APPENDIX B

REQUIRED MINIMUM DISTRIBUTIONS
B.1 General Rules.
(a) Precedence and Effective Date.

The requirements of this Appendix shall apply to any distribution of a Participant’s interest and will take precedence over any inconsistent provisions of this Plan. Unless otherwise specified, the provisions of this Appendix apply to calendar years beginning after December 31, 2002.
(b) Requirements of Regulations Incorporated.

All distributions required under this Appendix shall be determined and made in accordance with section 401(a)(9) of the Code, including the incidental death benefit requirement in section 401(a)(9)(G) of the Code, and the Treasury regulations thereunder.
(c) TEFRA § 242(b) Elections.

Notwithstanding the other requirements of this Appendix to the contrary, distributions may be made under a designation made before January 1, 1984, in accordance with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act.

B.2 Time and Manner of Distribution.
(a) Required Beginning Data.

The Participant’s entire interest must be distributed, or begin to be distributed, no later than the Participant’s Required Beginning Date.
(b) Death of Participant Before Distributions Begin.

If the Participant dies before distributions begin, the Participant’s entire interest must be distributed, or begin to be distributed, no later than as follows:
(1) Effective January 1, 2020, if the Participant’s surviving Spouse is the Participant’s sole Designated Beneficiary, then, except as provided in Section B.6 of this Appendix, distributions to the surviving Spouse must begin by December 31 of the calendar year immediately following the calendar year in which the Participant died or, if later, by December 31 of the calendar year in which the Participant would have attained (A) age 70½, if the Participant was born before July 1, 1949, or (B) age 72, if the Participant was born after June 30, 1949.

B-2
4888-7598-9807.v2
(2) If the Participant’s surviving Spouse is not the Participant’s sole Designated Beneficiary, then, except as provided in Section B.6 of this Appendix, distributions to the Designated Beneficiary must begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.
(3) If there is no Designated Beneficiary as of September 30 of the year following the year of the Participant’s death, the Participant’s entire interest must be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant’s death. (4) If the Participant’s surviving Spouse is the Participant’s sole Designated Beneficiary and the surviving Spouse dies after the Participant but before distributions to the surviving Spouse are required to begin, this section B.2(b), other than section B.2(b)(1), will apply as if the surviving Spouse were the Participant.

For purposes of this section B.2(b) and section B.5, unless section B.2(b)(4) applies, distributions are considered to begin on the Participant’s Required Beginning Date. If section B.2(b)(4) applies, distributions are considered to begin on the date distributions are required to begin to the surviving Spouse under section B.2(b)(1). If distributions under an annuity meeting the requirements of this Appendix commence to the Participant before the Participant’s Required Beginning Date (or to the Participant’s surviving Spouse before the date distributions are required to begin to the surviving Spouse under section B.2(b)(1)), the date distributions are considered to begin is the date distributions actually commence.
(c) Form of Distribution.

Unless the Participant’s interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the Required Beginning Date, as of the first Distribution Calendar Year distributions must be made in accordance with sections B.3, B.4 and B.5 of this Appendix. If the Participant’s interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder must be made in accordance with the requirements of section 401(a)(9) of the Code and the Treasury regulations. Any part of the Participant’s interest which is in the form of an individual account described in section 414(k) of the Code will be distributed in a manner satisfying the requirements of section 401(e)(8) of the Code and section 1.401(a)(9) of the Treasury regulations that apply to individual accounts.

B.3. Determination of Amount to be Distributed Each Year. (a) General Annuity Requirements.

If the Participant’s interest is to be paid in the form of annuity distributions under the Plan, payments under the annuity must satisfy the following requirements:

B-3
4888-7598-9807.v2
(1) The annuity distributions must be paid in periodic payments made at uniform intervals not longer than one year;
(2) The distribution period must be over a life (or lives) or over a period certain not longer than the period described in section B.4 or B.5; (3) Once payments have begun over a period, the period must not be changed except as otherwise permitted by the Plan in accordance with Q&A-13 of section 1.401(a)(9)-6 of the Treasury regulations;
(4) Payments will either be non-increasing or increase only as follows:
(A) by an annual percentage increase that does not exceed the annual percentage increase in a cost-of-living index that is based on prices of all items and issued by the Bureau of Labor Statistics; (B) by a constant percentage of less than 5% per year, applied not less frequently than annually;
(C) to the extent of the reduction in the amount of the Participant’s payments to provide for a survivor benefit, but only if there is no longer a survivor benefit because the Beneficiary whose life was being used to determine the distribution period described in section B.4 dies or is no longer the Participant’s Beneficiary pursuant to a qualified domestic relations order;
(D) to provide a final payment upon the Participant’s death not greater than the excess of the actuarial present value of the Participant’s accrued benefit (within the meaning of section 411(a)(7) of the Code) calculated as of the Annuity Starting Date using the Applicable Interest Rate defined in section 5.11(d) of the Plan and the Applicable Mortality Table defined in section 5.11(e) of the Plan (or, if greater, the total amount of employee contributions) over the total of payments before the Participant’s death; (E) to allow a Beneficiary to convert the survivor portion of a joint and survivor annuity into a single sum distribution upon the Participant’s death; or
(F) to pay increased benefits that result from a Plan amendment. (b) Amount Required to be Distributed by Required Beginning Date and Later Payment Intervals.

The amount that must be distributed on or before the Participant’s Required Beginning Date (or, if the Participant dies before distributions begin, the date distributions are required to begin under section B.2(b)(1) or (2)) is the payment that is required for one payment interval. The second payment need not be made B-4
4888-7598-9807.v2
until the end of the next payment interval even if that payment interval ends in the next calendar year. All of the Participant’s benefit accruals as of the last day of the first Distribution Calendar Year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the Participant’s Required Beginning Date.
(c) Additional Accruals After First Distribution Calendar Year.

Any additional benefits accruing to the Participant in a calendar year after the first Distribution Calendar Year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such benefit accrues.

B.4 Requirements For Annuity Distributions That Commence During Participant’s Lifetime. (a) Joint Life Annuities Where the Beneficiary Is Not the Participant’s Spouse.

If the Participant’s interest is being distributed in the form of a joint and survivor annuity for the joint lives of the Participant and a non-Spouse Beneficiary, annuity payments to be made on or after the Participant’s Required Beginning Date to the Designated Beneficiary after the Participant’s death must not at any time exceed the applicable percentage of the annuity payment for such period that would have been payable to the Participant using the table set forth in Q&A2(c)(2) of section 1.401(a)(9)-6 of the Treasury regulations; provided, however, that if the Participant’s Annuity Starting Date precedes the year in which the Participant attains age 70, the Participant’s and non-Spouse Designated Beneficiary’s age difference must be adjusted as set forth in Q&A-2(c)(1) in order to determine the applicable percentage as provided in the table set forth in Q&A2(c)(2). If the form of distribution combines a joint and survivor annuity for the joint lives of the Participant and a non-Spouse Beneficiary and a period certain annuity, the requirement in the preceding sentence will apply to annuity payments to be made to the Designated Beneficiary after the expiration of the period certain. (b) Period Certain Annuities.

Unless the Participant’s Spouse is the sole Designated Beneficiary and the form of distribution is a period certain and no life annuity, the period certain for an annuity distribution commencing during the Participant’s lifetime may not exceed the applicable distribution period for the Participant under the Uniform Lifetime Table set forth in Q&A-2 of section 1.401(a)(9)-9 of the Treasury regulations for the calendar year that contains the Annuity Starting Date. If the Annuity Starting Date precedes the year in which the Participant reaches age 70, the applicable distribution period for the Participant is the distribution period for age 70 under the Uniform Lifetime Table set forth in Q&A-2 of section 1.401 (a)(9)-9 of the Treasury regulations plus the excess of 70 over the age of the Participant as of the Participant’s birthday in the year that contains the Annuity Starting Date. If the Participant’s Spouse is the Participant’s sole Designated Beneficiary and the form B-5
4888-7598-9807.v2
of distribution is a period certain and no life annuity, the period certain may not exceed the longer of the Participant’s applicable distribution period, as determined under this section B.4(b), or the joint life and last survivor expectancy of the Participant and the Participant’s Spouse as determined under the Joint and Last Survivor Table set forth in Q&A-3 of section 1.401(a)(9)-9 of the Treasury regulations using the Participant’s and Spouse’s attained ages as of the Participant’s and Spouse’s birthdays in the calendar year that contains the Annuity Starting Date.

B.5 Requirements For Minimum Distributions After the Participant’s Death. (a) Death After Distributions Begin.

If the Participant dies after distribution of the Participant’s interest begins in the form of an annuity meeting the requirements of this Appendix, the remaining portion of the Participant’s interest will continue to be distributed over the remaining period over which distributions commenced.
(b) Death Before Distributions Begin.
(1) Participant Survived by Designated Beneficiary.

Except as provided in Section B.6, if the Participant dies before the date distribution of the Participant’s interest begins and there is a Designated Beneficiary, the Participant’s entire interest will be distributed, beginning no later than the time described in section 8.2(b)(1) or (2), over the life of the Designated Beneficiary or over a period certain not exceeding:
(A) unless the Annuity Starting Date is before the first Distribution Calendar Year, the Life Expectancy of the Designated Beneficiary determined using the Beneficiary’s age as of the Beneficiary’s birthday in the calendar year immediately following the calendar year of the Participant’s death; or
(B) if the Annuity Starting Date is before the first Distribution Calendar Year, the Life Expectancy of the Designated Beneficiary determined using the Beneficiary’s age as of the Beneficiary’s birthday in the calendar year that contains the Annuity Starting Date.
(2) No Designated Beneficiary.

If the Participant dies before the date distributions begin and there is no Designated Beneficiary as of September 30 of the year following the year of the Participant’s death, distribution of the Participant’s entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant’s death.

B-6
4888-7598-9807.v2
(3) Death of Surviving Spouse Before Distributions to Surviving Spouse Begin.

If the Participant dies before the date distribution of the Participant’s interest begins, the Participant’s surviving Spouse is the Participant’s sole Designated Beneficiary, and the surviving Spouse dies before distributions to the surviving Spouse begin, this Section B.5 will apply as if the surviving Spouse were the Participant, except that the time by which distributions must begin will be determined without regard to Section B.2(b)(1).

B.6 Election of Five-Year Rule.

Participants and Beneficiaries may elect on an individual basis whether the 5-year rule or the life expectancy rule in Sections B.2(b) and B.5(b) of this Appendix applies to distributions after the death of the Participant who has a Designated Beneficiary. The election must be made no later than the earlier of September 30 of the calendar year in which the distribution would be required to begin under Section B.2(b), or by September 30 of the calendar year which contains the fifth anniversary of the Participant’s (or, if applicable, the surviving Spouse’s) death. If neither the Participant nor the Designated Beneficiary makes an election under this Section, distributions will be made in accordance with Sections B.2(b) and B.5(b) of this Appendix.

B.7 Definitions.

The following words and phrases used in this Appendix B have the following meanings. (a) Designated Beneficiary.
“Designated Beneficiary” means the individual who is designated as the Beneficiary under the Plan and is the designated beneficiary under section 401(a)(9) of the Code and section 1.401(a)(9)-4 of the Treasury Regulations. (b) Distribution Calendar Year.
“Distribution Calendar Year” means a calendar year for which a minimum distribution is required. For distributions beginning before the Participant’s death, the first Distribution Calendar Year is the calendar year immediately preceding the calendar year which contains the Participant’s Required Beginning Date. For distributions beginning after the Participant’s death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to Section B.2(b) of this Appendix B.
(c) Life Expectancy.
“Life Expectancy” means life expectancy as computed by use of the Single Life Table in section 1.401(a)(9)-9 of the Treasury regulations.

B-7
4888-7598-9807.v2
(d) Required Beginning Date.

Effective January 1, 2020, “Required Beginning Date” means April 1 of the calendar year following the later of (i) the calendar year in which a Participant attains (A) age 70½, if the Participant was born before July 1, 1949, or (B) age 72, if the Participant was born after June 30, 1949, or (ii) the calendar year in which a Participant terminates employment with the Employer.
(e) Spouse.
“Spouse” means the person who is legally married to a Participant or a former Participant.
(f) Other Capitalized Terms.

All other capitalized terms used in this Appendix B have the meanings set forth in Article 1, unless the context requires otherwise.
4860-2441-0884.v1
RESOLUTION NO. 2022 - [ ]

RESOLUTION OF THE CITY OF DELANO ADOPTING THE CITY OF DELANO EMPLOYEE PENSION PLAN, AS AMENDED AND RESTATED EFFECTIVE OCTOBER 8, 2022 WHEREAS, the City of Delano sponsors and maintains the City of Delano Employee Pension Plan (the “Plan”) for the benefit of its eligible employees; and WHEREAS, the City desires to amend the Plan to (1) reflect Plan design changes reflected in memorandums of understanding between the City of Delano and collective bargaining units, and (2) establish a reciprocity agreement with the California Employee Retirement System (CALPERS); and
WHEREAS, under Section 8.06 of the Plan, the City Council has the authority to amend the Plan from time to time.

NOW THEREFORE, BE IT RESOLVED, as follows:

1. The City of Delano Employee Pension Plan, as amended and restated effective October 8, 2022, is hereby adopted in the form attached as attached Exhibit A (“Restatement”).

2. The Mayor is hereby authorized and directed to execute the attached Restatement and take any and all actions as may be necessary or appropriate to implement these resolutions.

PASSED AND ADOPTED by the City Council of City of Delano at a regular meeting held on the 19th of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Bryan Osorio, Mayor
ATTEST:
_____________________________
Ricardo G. Chavez, City Clerk
4860-2441-0884.v1

EXHIBIT A
4888-7598-9807.v2

CITY OF DELANO

EMPLOYEE PENSION PLAN
As Amended and Restated Effective October 8, 2022
4888-7598-9807.v2

CITY OF DELANO EMPLOYEE PENSION PLAN

INTRODUCTION
Effective June 1, 1967, the City of Delano established this City of Delano Employee Pension Plan for the benefit of its eligible employees. Since then, the City has amended the Plan on various occasions.

Effective October 8, 2022 (except as otherwise stated herein), the City Council again hereby restates the Plan as set forth below, in order to conform its terms to the applicable requirements of the Internal Revenue Code of 1986, and to make certain other revisions intended to clarify the intended operation of the Plan.

This Plan restatement will not reduce any Participant’s accrued benefits under the Plan. The restatement will apply only to Participants who are Eligible Employees anytime on or after October 8, 2022. Benefits under the Plan for any Participant who retired or terminated before that date will be determined in accordance with the Plan provisions that were in effect on the Participant’s date of retirement or termination of employment.

The purpose of the Plan is to provide benefits to the City’s eligible employees upon retirement, prior death, or disability. The Plan generally covers full-time, regular employees of the City, except excluded public safety officers. Effective June 25, 2005, unless they elected otherwise, all public safety officers then employed by the City ceased to participate in the Plan and became covered by the City under the CalPERS retirement program. In addition, all public safety officers hired on or after that date are covered under CalPERS, not under this Plan. Accordingly, the only public safety officers covered by this Plan are those who terminated City employment with a vested interest under this Plan before June 25, 2005, and those who were employed on that date but who elected to remain covered by this Plan instead of transferring to CalPERS.

This Plan is intended to meet the applicable requirements to be a qualified tax-exempt retirement plan under section 401(a) of the Internal Revenue Code.

The Plan is funded by both City and Employee contributions. All amounts contributed to the Plan, and all earnings on those amounts, are held in Trust for the benefit of Participants. All amounts distributed under the Plan are paid from the Trust.

The Trust was established under the terms of a trust agreement, which is hereby incorporated into, and made a part of the Plan.

Unless otherwise specified, capitalized terms are defined in Article 1. 2 4888-7598-9807.v2
ARTICLE 1

DEFINITIONS

1.01 “Account” means the account established under the Plan for each Participant in order to record the Participant’s contributions made to the Plan pursuant to Section 3.02 (including any required Participant contributions paid by the Employer in accordance with Section 3.02(d)). The Account balance will be credited with interest at 6% per annum, compounded annually.

1.02 “Actuarial Equivalent” means the equivalent of a given benefit under the Plan, or a given amount payable in another manner or by other means, determined conclusively by or under the direction of the Committee in accordance with actuarial principles, methods and assumptions which are found to be appropriate by the Plan’s Actuary (and which may differ from those used for the purpose of Section 3.01). Such assumptions will include (1) an interest rate of 8% compounded annually, (2) the 1971 Group Annuity Mortality Table with separate mortality tables for men and women related to credited service prior to July 1, 1983, and (3) the unisex table for credited service after July 1, 1983, which is the 1971 Group Annuity Mortality Table for male lives with ages set back two years.

1.03 “Actuary” means an actuary who has been enrolled by the Joint Board for the enrollment of Actuaries and who has been employed or engaged to recommend the actuarial cost method to be used in determining the Plan’s liabilities to make actuarial valuations of the liabilities under the Plan, to recommend the amount of contributions to be made, and to perform such other services deemed necessary or advisable in connection with the administration of the Plan.

1.04 “Alternate Payee” means a Spouse, former Spouse, Domestic Partner, former Domestic Partner, child or dependent of a Participant who is recognized by a Qualified Domestic Relations Order as having a right to receive all, or a portion of, the benefits payable under the Plan with respect to the Participant.

1.05 “Annuity Starting Date” means (i) the first day of the first period for which an amount is payable as an annuity, or (ii) in the case of a benefit not payable in the form of an annuity, the first day on which all events have occurred which entitle the Participant to such benefit. In the case of a disability benefit, the first day of the first period for which a benefit is to be received by reason of disability shall be treated as the Annuity Starting Date only if such benefit is not an auxiliary benefit.

1.06 “Beneficiary” means the person or persons designated by the Participant, at the time and in the manner specified by the Committee, to receive the Participant’s benefits under the Plan upon his or her death. The Participant has the right to change or revoke such designation from time to time by filing a new designation or notice of revocation with the Committee. If the Participant has a Spouse or Domestic Partner, the Participant’s designation of a Beneficiary other than the Spouse or Domestic Partner will be valid only with the written consent of the Spouse or Domestic Partner; such consent must be filed at the time and in the manner specified by the Committee. If a Participant marries or enters into a registered domestic 3 4888-7598-9807.v2
partnership, the Participant’s prior designation of a Beneficiary other than the Spouse or Domestic Partner will automatically terminate. If upon his or her death, the Participant does not have a valid Beneficiary designation on file, or if the no designated Beneficiary survives the Participant, the Beneficiary will be the Participant’s surviving Spouse or Domestic Partner; if there is no surviving Spouse or Domestic Partner, the Participant’s benefits will be paid to his or her estate.

1.07 “Code” means the Internal Revenue Code of 1986, as amended and any successor statute thereto, and any regulations promulgated thereunder.

1.08 “Committee” means a committee of five members including two elected by General Participants, and three appointed by the Mayor of the City of Delano, with approval of the City Council in accordance with Article 7.

1.09 “Compensation” means straight time basic wages or salaries, paid to an Eligible Employee by the Employer for personal services rendered, including any “elective deferrals” (within the meaning of Section 402(g)(3) of the Code) October 8, 2022 withheld from the Employee’s gross income by the Employer that are not includible in the Employee’s gross income by reason of Sections 125, 132(f)(4) or 457(b) of the Code, but excluding bonuses, commissions, overtime pay, educational pay, incentive pay, expense reimbursements, and employer contributions to, and benefits from, benefit plans sponsored by the Employer.

Effective October 8, 2022, “Compensation” will include longevity pay and bilingual pay for service on and after October 8, 2022.

For Plan Years beginning on or after January 1, 1989, and before January 1, 1996, in no event may a Participant’s annual Compensation exceed $200,000, as adjusted at the same time and in the same manner as section 415(d) of the Code.

For Plan Years beginning on or after January 1, 1996, and before January 1, 2002, the annual Compensation of each Participant taken into account for determining all benefits provided under the Plan for any Plan Year must not exceed $150,000, as adjusted for the cost-of-living increases in accordance with section 401(a)(17)(B) of the Code.

For Plan Years beginning on or after January 1, 2002, the annual Compensation of each Participant taken into account in determining all benefits under the Plan for any Plan Year must not exceed $200,000, as adjusted for cost-of-living increases in accordance with section 401(a)(17)(B) of the Code.

In determining benefit accruals for Plan Years beginning after December 31, 2001, the annual Compensation limit in this Section for determination periods beginning before January 1, 2002 is $200,000 if a Participant has an Hour of Service on or after January 1, 2002.

The cost-of-living adjustment in effect for a calendar year applies to annual Compensation for the Plan Year that begins with or within such calendar year.

If a determination period consists of fewer than 12 months, the annual Compensation limit is an amount equal to the otherwise applicable annual Compensation limit multiplied by a fraction, the 4 4888-7598-9807.v2
numerator of which is the number of months in the short determination period, and the denominator of which is 12.

1.10 “Domestic Partner” means a person who has entered into a registered domestic partnership with a Participant or a former Participant in accordance with Division 2.5 of the California Family Code, as amended.

1.11 “Early Retirement Age” means age 55 for a General Participant or age 50 for a Safety Participant.

1.12 “Early Retirement Date” means the early retirement date elected by a Participant, which date may be the first day of any month coinciding with or next following the date the Participant’s attainment of Early Retirement Age but before his or her attainment of Normal Retirement Age.

1.13 “Eligible Employee” is defined in Section 2.01.

1.14 “Employee” means each individual who is compensated by the Employer for service rendered to the Employer and who is classified by the Employer as a common law employee. The term Employee does not include any individual who is classified by the Employer as an independent contractor, consultant or a Leased Employee, even if a court or administrative agency later determines that such individual is a common law employee.

1.15 “Employer” means the City of Delano.

1.16 “Final Average Compensation” means the average of a Participant’s monthly Compensation in the 36 consecutive calendar months which produce the highest average. If a Participant does not have 36 consecutive calendar months of Compensation, Final Average Compensation will be the Participant’s average monthly Compensation for the last 36 full months preceding the termination of the Participant’s employment with the Employer in which the Participant had Compensation.

1.17 “Leased Employee” means any person (other than an Employee) who under an agreement between the Employer and any other person (“leasing organization”) has performed services for the Employer (or for the Employer and related persons determined in accordance with Section 414(n)(6) of the Code) on a substantially full time basis for a period of at least one year and such services are performed under primary direction or control by the Employer or related person.

1.18 “Limitation Year” means the Plan Year.

1.19 “Normal Retirement Age” means age 60for a General Participant, or age 55 for a Safety Participant. Effective October 8, 2022, for General Participants who became a Participant before January 1, 2013, Normal Retirement Age means, for service on or after October 8, 2022, age 58.

1.20 “Normal Retirement Date” means the first day of the month coinciding with or following the Participant’s attainment of Normal Retirement Age. 5 4888-7598-9807.v2

1.21 “One-Year Break in Service” means a 12-consecutive-month period during which a Participant is not employed by the Employer.

1.22 “Participant” means a person who begins participation in the Plan under Section

2.02, and whose participation has not terminated under Section 2.03. A “Safety Participant” is a Participant who is employed by the Employer as a sworn police officer with the power to arrest or a firefighter. A “General Participant” is any Participant other than a Safety Participant.

1.23 “Plan” means this City of Delano Employee Pension Plan, as it may be amended from time to time.

1.24 “Plan Year” means the 12-month period beginning July 1 and ending June 30.

1.25 “Qualified Domestic Relations Order” is defined in Section 9.13.

1.26 “Spouse” means the person who is legally married to a Participant or a former Participant.

1.27 “Total and Permanent Disability” means the condition of being totally and permanently disabled as provided herein. A Participant shall be deemed to be totally and permanently disabled when (a) the Participant is entitled to receive Social Security disability benefits or (b) on the basis of proof satisfactory to the Committee, the Committee determines that as a result of any physical or mental condition the Participant is totally prevented from engaging in any regular occupation or employment for wage or profit (except such employment as is found by the Committee to be for purposes of rehabilitation) and the condition will be permanent, total and continuous for the remainder of the Participant’s life. For purposes of making such determination, the Committee may require a Participant to submit to a medical examination and to such reexamination as the Committee may deem necessary, and such medical examination or reexamination may be made by such competent physician or physicians or clinic or hospital as the Committee may select, at no cost to the Participant. A Participant shall not be deemed disabled for the purposes of this Section if, on the basis of proof satisfactory to it, the Committee determines that the Participant’s disability arose from any intentionally self-inflicted injury or injury resulting from participation in any criminal undertaking or from service in the armed forces of any country, or consists of chronic alcoholism or addiction to narcotics or drugs (or injury or disease resulting therefrom). The Plan does not provide a disability pension other than regular retirement benefits as described under Article 4.

1.28 “Trust” means the trust established by a trust agreement with the Trustee, under which all assets under the Plan are held. All contributions under the Plan must be deposited in the Trust. The Trust will be credited for contributions and earnings, and will be debited for losses, distributions, and reasonable expenses. The Trust is maintained for the exclusive purpose of providing benefits to Participants and their Beneficiaries.

1.29 “Trustee” means the individual or individuals, trust company, bank, insurance company or savings and loan association who are so designated in accordance with the terms of the trust agreement.
6 4888-7598-9807.v2

1.30 “Vested” means a Participant has a nonforfeitable interest to a retirement benefit under the Plan. A Participant’s vested interest is determined under Section 4.04(b). A Participant is not Vested for purposes of the Plan unless and until he or she attains a nonforfeitable interest under Section 4.04(b).

1.31 “Year of Service” means each successive 12-consecutive-month period beginning with a Participant’s commencement or recommencement of employment with the Employer as an Eligible Employee and each anniversary of that date (“Anniversary Year”) through which the Participant remains continuously employed as an Eligible Employee. For this purpose, only Years of Service on or after the Participant’s 18th birthday will be credited. A Participant who completes fewer than 12 consecutive months of continuous employment as an Eligible Employee in an Anniversary Year will be credited with a partial Year of Service equal to the number of months of employment during the Anniversary Year during which the Participant is continuously employed as an Eligible Employee divided by 12. For purposes of determining Years of Service, a Participant will be treated as being employed as an Eligible Employee during a leave of absence only to the extent provided in Section 2.05.
7 4888-7598-9807.v2
ARTICLE 2

ELIGIBILITY AND PARTICIPATION

2.01 Eligible Employee. “Eligible Employee” means an Employee whom the Employer classifies as regular, active, and full-time, excluding public safety officers except those who were employed with the Employer on June 20, 2005, and who elected by that date to remain covered by the Plan. Eligible Employee will not include any Employees who are classified by the Employer as part-time, temporary, or seasonal.

2.02 Commencement of Participation. Each Participant in the Plan as in effect immediately before October 8, 2022, will remain a Participant. On and after that date, each Eligible Employee becomes a Participant on the date he or she becomes an Eligible Employee.

2.03 Termination of Participation. A Participant’s participation in the Plan terminates upon the earlier of:
(a) the Participant’s termination of employment with the Employer if, upon such termination, the Participant is not Vested in any retirement benefit under the Plan and the Participant’s Account balance is zero;
(b) the payment of the Participant’s entire nonforfeitable interest under the Plan; or
(c) the Participant’s death.

2.04 Reemployment. A Participant whose employment with the Employer terminates will, upon his or her reemployment as an Eligible Employee, immediately resume active participation in the Plan.

2.05 Leaves of Absence.
(a) A Participant who is on a leave of absence of not more than 12 months’ duration, with or without pay, authorized in writing by the Employer or on a military leave of absence required by applicable Federal law to be credited to him for service in the Armed Forces shall be considered to be in employment as an Eligible Employee during such absence, but only if:
(1) In the case of such an Employer-approved leave of absence, the Participant returns to work or retires under the Plan prior to or at the expiration of such leave of absence or any extension thereof; and
(2) In the case of a military leave of absence, the Participant returns to work within 90 days (or such longer period as may be established by the laws of the United States for the retention of reemployment rights of veterans) following the Participant’s discharge from the Armed Forces. For this purpose, “military leave” means any period of continuous service in the Armed Forces of the United States or any of its allies during a period of declared war or national emergency, or in the military service of the United States at any other time. 8 4888-7598-9807.v2
“Armed Forces” and “military service” of the United States shall include the United States Public Health Service.
(b) Notwithstanding any provision of this Plan to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with section 414(u) of the Code. If a Participant dies on or after January 1, 2007, while performing qualified military service (as defined in section 414(u) of the Code), the Participant’s surviving Spouse or Beneficiaries are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the Plan had the Participant resumed and then terminated employment on account of death. 9 4888-7598-9807.v2
ARTICLE 3

CONTRIBUTIONS

3.01 Funding. The cost of benefits under the Plan will be provided by the Employer in such amounts as the Employer in its sole discretion shall determine to be necessary to fund such benefits; provided, however, that the Employer shall contribute at least such amounts as are deemed necessary by an actuary to fund the benefits provided by the Plan on an actuarially sound basis. The Employer will pay its contributions directly to the Trust at the time required by California law

3.02 Participant Contributions.
(a) Each Participant must contribute a percentage of his or her Compensation to the Plan. The contribution rates are subject to provision of certain union contracts and agreements. (The current rates are given in Appendix A.) Since the enrollment in the Plan by a Participant is mandatory, the Participant is not permitted to withdraw the Participant’s contributions while the Participant is employed by the Employer. (b) All Participant contributions will be deducted from the Participants’ Compensation by payroll deduction and will be paid by the Employer to the Plan on behalf of Participants. Contributions under this Section must be transmitted to the Trustee and credited to Participants’ Accounts by the last business day of the month after the month in which the contribution is deducted.
(c) Effective February 1, 2011, although designated as employee contributions, Participant contributions will be picked up by the Employer for tax purposes in accordance with Section 414(h)(2) of the Code and will be treated as pre-tax Employer contributions. Participants will not have the option of receiving the contributed amounts instead of having them paid by the Employer to the Plan.
(d) Notwithstanding any provision of the Plan to the contrary, the Employer may pay all or any portion of the contributions required to be paid by a Participant under this Section 3.02. (The portion of Participant contributions currently paid by the Employer is shown in Appendix A.) The payments will be accounted for under the Plan as Participant contributions and, as such, will be credited to the Participant’s Accounts. Nothing in this paragraph will be construed to limit the authority of Employer to periodically increase, reduce, or eliminate the payment by the Employer of all or a portion of the contributions required to be paid by Participants.

3.03 Application of Forfeitures. Forfeitures will not be applied to increase the benefits any Participant would otherwise receive under the Plan, but will be applied to pay the Plan’s reasonable expenses, reduce the Employer’s contributions for normal costs in the current year or allocated to a reserve to reduce normal costs, or reduce unfunded past service liability, if any. 10 4888-7598-9807.v2
ARTICLE 4

RETIREMENT BENEFITS

4.01 Normal Retirement Benefit.
(a) To receive retirement benefits under the Plan, a Participant must retire and apply for retirement benefits at the time and in the manner specified by the Committee. Only Participants who are Vested are entitled to retirement benefits under the Plan. In addition, retirement benefits will be paid only after the Participant’s employment with the Employer has terminated. A Vested Participant may elect to retire effective upon his or her Early Retirement Date, his or her Normal Retirement Date, or the first day of any month after the Participant’s Normal Retirement Date, but in no event later than the latest date permitted under Appendix B.

For all purposes under the Plan, “retire,” “retires,” “retirement,” or other any derivation of “retire,” refers to the Participant’s receipt, after termination of his or her employment with the Employer, of a normal retirement benefit, early retirement benefit, or late retirement benefit under Sections 4.01, 4.02, or 4.03, respectively. As described in Section 4.05, a Participant may receive, after termination of his or her employment with the Employer, a distribution of his or her Account without actually retiring under the Plan or without being eligible to retire. (b) A Participant who retires on his or her Normal Retirement Date is entitled to receive a monthly “normal retirement benefit” equal to: (2.0% times first $833.33 of Final Average Compensation plus 2.4% times Final Average Compensation in excess of $833.33) multiplied by the number of Years of Service completed by the Participant. (c) The normal retirement benefit will be payable to the Participant in the form of a life annuity with period certain of 60 months. Under this normal form of benefit, if the Participant dies before 60 monthly payments have been paid, the monthly payments continue to the Participant’s Beneficiary until the balance of the 60 monthly payments have been paid. In lieu of this form of benefit, the Participant may elect one of the Actuarially Equivalent optional forms of benefit described in Section 4.07.

4.02 Early Retirement Benefit.
(a) A Participant who retires on his or her Early Retirement Date is entitled to receive a monthly “early retirement benefit” equal to the Participant’s normal retirement benefit (as calculated according to Section 4.01(b)), reduced to an Actuarially Equivalent amount to reflect the Participant’s age as of the Early Retirement Date. (b) The early retirement benefit will be payable to the Participant in the normal form of benefit described in Section 4.01(c). In lieu of that form, the Participant may elect one of the Actuarially Equivalent optional forms of benefit described in Section 4.07.

4.03 Late Retirement Benefit.
(a) A Participant who retires after his or her Normal Retirement Date will be entitled to receive a monthly “late retirement benefit” equal to the Participant’s monthly normal retirement benefit (as calculated according to Section 4.01(b)) payable as of the Participant’s 11 4888-7598-9807.v2
Normal Retirement Date, plus, for each full or partial Plan Year from the Participant’s Normal Retirement Date to the Participant’s actual retirement date, the greater of (1) or (2) as follows:
(1) Benefit Accrual. The change in the Participant’s normal retirement benefit for the full or partial Plan Year, taking into account the Participant’s additional Compensation and Years of Service credited to the Participant during the full or partial Plan Year.
(2) Actuarial Increase. The amount under this paragraph (2) will be $0 on or before the Participant’s Normal Retirement Date. For full and partial Plan Years after the Normal Retirement Date, the amount under this paragraph (2) will be the actuarial increase (determined using the factors for Actuarial Equivalent) in the amount determined under this subsection (a) as of the end of the prior full or partial Plan Year to the end of the current full or partial Plan Year. This paragraph (2) will apply only to periods preceding commencement of benefits to the Participant from the Plan.
(b) The late retirement benefit will be payable to the Participant in the normal form of benefit described in Section 4.01(c). In lieu of that form, the Participant may elect one of the Actuarially Equivalent optional forms of benefit described in Section 4.07.

4.04 Vesting.
(a) Nonforfeitable Interest in Account. A Participant’s Account balance, including amounts attributable to Employer-paid Participant contributions described in Section 3.02(d), is nonforfeitable at all times, and will not at any time be subject to the vesting schedule under Section 4.04(b) or any other vesting requirements. (b) Vesting schedule.
(1) A Participant’s Vested interest under the Plan is determined based on the Participant’s Years of Service as follows:

Number of Completed Years of Service Vested Percentage
Less than 3 None
3 20
4 40
5 60
6 80
7 or more 100
(2) A Participant becomes 100% Vested under the Plan upon termination of employment with the Employer on or after the Participant’s Normal Retirement Age. For this purpose, Normal Retirement Age for a General Participant hired by the Employer on or after October 8, 2022January 1, 2011, means the later of (i) attainment of age 60, or (ii) the completion of seven Years of Service. Effective October 8, 2022, for General Participants who became a Participant before January 1, 2013, for service on or after October 8, 2022, the reference to “age 60” in the preceding sentence will be replaced with “age 58”. 12 4888-7598-9807.v2
(c) Reemployment.
(1) If a Participant’s employment with the Employer terminates before the Participant is Vested, the Participant’s retirement benefits under the Plan shall be forfeited and cancelled. If the Participant is subsequently reemployed and resumes participation in the Plan in accordance with Section 2.04, the Participant’s Years of Service before the break in service will be considered for purposes of determining the Participant’s Vested interest and retirement benefit under the Plan, but only if the Participant had fewer than five consecutive One-Year Breaks in Service before the reemployment date. In addition, the extent to which such prior Years of Service are counted is subject to Section 4.05(c). (2) If a Participant is Vested when his or her employment with the Employer terminates, and the Participant is subsequently reemployed and resumes participation in the Plan in accordance with Section 2.04, the Participant’s Years of Service before the break in service will be considered for purposes of determining the Participant’s Vested interest and retirement benefit under the Plan; however, the extent to which such prior Years of Service are counted is subject to Section 4.05(c).

4.05 Termination Before Retirement.
(a) If a Vested Participant’s employment with the Employer terminates for any reason other than death or retirement, the Participant may elect to receive all or any portion of his or her Account balance. In addition, the Participant will subsequently be eligible to retire under the Plan and receive a retirement benefit on or after the Participant’s Early Retirement Date. Such retirement benefit will be equal in value to the excess of (1) the actuarial value of the Accrued Benefit related to future service credits multiplied by vesting percentage, over (2) the amount distributed to the Participant from his or her Account. “Accrued Benefit” means (1) a Participant’s projected normal retirement benefit described in Section 4.01 (as adjusted using the Actuarial Equivalent factors if the retirement date is before or after the Normal Retirement Age), without projection for future salary increases, multiplied by (2) a fraction, the numerator of which is the number of years and fractions thereof of participation in the Plan as of the date the determination is being made, and the denominator of which is the number of years and fractions thereof of participation the Participant would have had if the Participant had remained in service until the Participant’s retirement date.
(b) If a non-Vested Participant’s employment with the Employer terminates for reasons other than death or retirement, the Participant may elect to receive a lump-sum distribution of the Participant’s Account balance.
(c) This Section 4.05(c) applies to any Participant who receives one or more distributions of any portion of his or her Account after termination of employment with the Employer, and who is subsequently rehired by the Employer and recommences active participation under Section 2.04 within five years after the termination date. Such Participant will receive credit for all Years of Service before the break, but only if the Participant repurchases such service by redepositing in the Trust an amount equal to the Participant’s total Account distributions, plus interest of 6% per annum, compounded annually. If the Participant does not redeposit that amount in the time and manner required by the Committee, he or she will 13 4888-7598-9807.v2
not receive credit for Years of Service attributable to those distributions. Payment of the redeposit must be made in lump sum, at the time and in the manner determined by the Committee. In addition, the redeposit will be made either (1) on an after-tax basis, (2) by direct rollover of an eligible rollover distribution from an eligible retirement plan described in sections 401(a), 403(b), 408(a) and 457(b) of the Code, or (3) by transfer from the Employer’s “eligible deferred compensation plan” within the meaning of section 457(b) of the Code.

4.06 Disability Benefit. A Participant who terminates employment with the Employer due to a Total and Permanent Disability is entitled to the same benefits described in Section 4.05 that the Participant would be entitled to if the Participant had terminated employment for reasons other than death, disability or retirement.

4.07 Optional Forms of Payment. In lieu of the normal form of payment, a Participant may elect in writing at the time and in the manner specified by the Committee, to receive the Participant’s retirement benefit under Sections 4.01, 4.02, or 4.03, as applicable, in the form of one of the following optional forms of payment, which forms will be Actuarially Equivalent to the normal retirement benefit:
(a) Straight Life Annuity. A monthly retirement benefit payable for the Participant’s lifetime only with no payments to any person after the Participant’s death. (b) Joint and Survivor Annuity. An actuarially reduced monthly retirement benefit payable for the Participant’s lifetime with the provision that after the Participant’s death a monthly benefit equal to a specified percentage (100%, 66-2/3%, or 50%) of the reduced monthly benefit payable during the Participant’s life shall be paid to the Participant’s joint annuitant during for the joint annuitant’s lifetime through the month in which the joint annuitant dies.
(c) Social Security Level Income. An adjusted monthly life annuity payable commencing before the Participant’s Social Security retirement age pursuant to which the adjusted monthly payment payable before Social Security retirement age is reduced after the commencement of the Social Security payments by the approximate amount of such Social Security payments so as to produce to the greatest extent possible level retirement income throughout the remainder of the Participant’s life.

Effective December 20, 2021, in addition to the forms specified in Section

4.07(a)-(c) above, the following Actuarially Equivalent optional forms of payment will be available to Participants:
(d) Joint and Survivor Annuity with 5 Year Guaranteed Period. An actuarially reduced monthly retirement benefit payable for the Participant’s lifetime with the provision that after the Participant’s death a monthly benefit equal to a specified percentage (100%, 66-2/3%, or 50%) of the reduced monthly benefit payable during the Participant’s life shall be paid to the Participant’s joint annuitant for the joint annuitant’s lifetime through the month in which the joint annuitant dies with combined payments guaranteed for 5 years (i.e., 60 monthly payments). If both the Participant and joint annuitant die before receiving (in the 14 4888-7598-9807.v2
aggregate) a total of 60 monthly payments, the balance of the remaining 60 monthly payments will be paid in a lump sum to the estate of the survivor of the Participant and the joint annuitant. (e) Joint and Survivor Annuity with Pop-Up. An actuarially reduced monthly retirement benefit payable for the Participant’s lifetime with the provision that after the Participant’s death a monthly benefit equal to a specified percentage (100%, 66-2/3%, or 50%) of the reduced monthly benefit payable during the Participant’s life shall be paid to the Participant’s joint annuitant for the joint annuitant’s lifetime through the month in which the joint annuitant dies. If the joint annuitant dies before the Participant, the monthly amount paid to the Participant for the remainder of his or her life will increase to the amount that would have been paid to the Participant had the Participant elected a single life annuity starting with the first month after the joint annuitant’s death.

4.08 Time of Payment of Retirement Benefits. The payment of benefits under the Plan to the Participant, or the Participant’s Beneficiary shall begin not later than the 60th day after the latest of the close of the Plan Year in which:
(a) the Participant attains Normal Retirement Age;
(b) occurs the 10th anniversary of the year in which the Participant commenced participation in the Plan; or
(c) the Participant terminates employment with the Employer.

Effective January 1, 2020, the distributions to a Participant shall commence not later than April 1 of the calendar year following the later of:
(a) the calendar year in which the Participant attains (1) age 70½, if the Participant was born before July 1, 1949, or (2) age 72, if the Participant was born after June 30, 1949; or
(b) the calendar year in which the Participant retires.

Regardless of any Plan provision to the contrary, all distributions under the Plan will meet the requirements of Code section 401(a)(9) and Appendix B relating to required minimum distributions.

Notwithstanding the foregoing, the failure by the Participant or the Participant’s Beneficiary to consent to an immediate distribution is deemed to be an election to defer the commencement of payment of any benefit sufficient to satisfy this Section.

4.09 Distribution of Small Amounts.
(a) If upon termination of a Participant’s employment with the Employer, the sum of the present value of a Participant’s Vested benefits under the Plan and the Participant’s Account balance is $1,000 or less, the Committee will direct that the entire amount be distributed to the Participant or Beneficiary in one lump sum, and the Participant’s or Beneficiary’s consent 15 4888-7598-9807.v2
will not be required. Any such distribution will be made in lieu of the payment of a monthly benefit under the Plan.
(b) If such present value exceeds $1,000, distribution of the Participant’s benefits may not be made without the Participant’s or Beneficiary’s consent. (c) Present value will be determined using the factors specified in the definition of Actuarial Equivalent.

4.10 Suspension of Benefits Upon Reemployment.
(a) If a Participant is reemployed by the Employer as an Eligible Employee after payment of retirement benefits have commenced, the payment of retirement benefits will be suspended until the Participant subsequently terminates employment with the Employer. Upon subsequent termination, the benefits will be recalculated so that any additional Years of Service credited to the Participant during the reemployment period will be taken into account. (b) If the Participant is reemployed by the Employer as an Employee but not an Eligible Employee, payment of retirement benefits will be suspended, unless continued payment is permitted by the Code.
(c) If payment of a Participant’s benefits is suspended due to reemployment with the Employer, payments will recommence after the subsequent termination of the Participant’s employment with the Employer (or earlier to the extent permitted by the Code).

4.11 Preretirement Survivor Benefit.
(a) If a Vested Participant dies before retiring, his or her Beneficiary will be entitled to receive:
(1) If the Participant dies before attaining Early Retirement Age, a monthly annuity for the Beneficiary’s life commencing on the date the Participant would have attained Early Retirement Age that is Actuarially Equivalent to the Participant’s Vested benefit at the Participant’s death. In addition, the Beneficiary may elect to receive a partial or full distribution of the Participant’s Account before the date the Participant would have attained Early Retirement Age, in which case any survivor benefit payable to the Beneficiary will be reduced in the same manner as described in Section 4.05(a). (2) If the Participant dies on or after attaining Early Retirement Age, but before attaining Normal Retirement Age, a monthly annuity for the Beneficiary’s life commencing on the Participant’s death that is Actuarially Equivalent to the Participant’s Vested benefit at the Participant’s death.
(3) If the Participant dies on or after attaining Normal Retirement Age, 60 monthly payments which are Actuarially Equivalent to the Participant’s Vested benefit at the Participant’s death.
16 4888-7598-9807.v2
(b) The Participant’s Beneficiary may elect in writing, at the time and in the manner specified by the Committee, to commence payments under this Section 4.11 within a reasonable time after the Participant’s death.
(c) If a Participant who separates from service on or after Normal Retirement Date, thereafter dies before beginning to receive the Participant’s retirement benefits, the distribution of the Participant’s benefit shall be made to the Participant’s Beneficiary in the same manner and form as described under Section 4.01, as if the pension payments had commenced on the date of the Participant’s death.
(d) The benefits paid to a Participant who dies on or after the Participant’s Normal Retirement Date while still in active service of the Employer, will be distributed to the Participant’s Beneficiary in the same manner and form as provided in Section 4.01, as if the Participant had retired on the date of the Participant’s death.

4.12 Death Before Vesting. If a Participant dies before becoming Vested under the plan, his or her entire Account balance, if any, will be distributed to the Beneficiary in lump sum upon the Beneficiary’s consent.

4.13 Cost-of-Living Benefit. As of every July 1, annual adjustments are made in the monthly benefit amount following the date of retirement for Participants and their Beneficiaries, excluding existing retirees and their Beneficiaries as of July 1, 1985. The annual adjustment increases the monthly benefit amount that was payable in the preceding month of June by the following amount:
(a) For Participants whose retirement date under the Plan is before October 8, 2022, 2%.
(b) For Participants whose retirement date under the Plan is on or after October 8, 2022, the greater of (i) 3% or (ii) the 12-month inflation rate through the preceding month of March as determined under the Consumer Price Index for All Urban Consumers (CPI, 1967) published by the Bureau of Labor Statistics.

4.14 Eligible Rollover Distributions. If payment under the Plan is ever permitted in a form which qualifies as an Eligible Rollover Distribution, the Distributee may elect, at the time and in the manner prescribed by the Committee, to have any portion of such Eligible Rollover Distribution rolled directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover. For purposes of this Section 4.14, the following terms have the following meanings:
(a) “Direct Rollover” means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee,
(b) “Distributee” means a Participant, a Participant’s surviving Spouse, or a Participant’s Spouse or former Spouse who is the Alternate Payee under a domestic relations order which is treated as a qualified domestic relations order to the extent provided in section 414(p)(11) of the Code, and such other persons as come within the meaning of the term as used in section 401(a)(31)(A) of the Code. Effective for Plan Years beginning on or after July 1, 2010, a Distributee also includes the Participant’s non-Spouse Beneficiary. In the case of a non- 17 4888-7598-9807.v2
Spouse Beneficiary, the direct rollover may be made only to an individual retirement account or annuity described in section 408(a) or 408(b) of the Code (“IRA”) that is established on behalf of the designated Beneficiary and that will be treated as an inherited IRA pursuant to the provisions of section 402(c)(11) of the Code. Also, in this case, the determination of any required minimum distribution under section 401(a)(9) of the Code that is ineligible for rollover will be made in accordance with Notice 2007-7, Q&A-17 and 18, 2007-5 I.R.B. 395 (or its successor). (c) “Eligible Rollover Distribution” means a distribution from the Plan which constitutes an eligible rollover distribution within the meaning of section 401(a)(31)(D) of the Code, i.e., any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include:
(1) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made (i) for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee’s designated Beneficiary or (ii) for a specified period of 10 years or more; (2) any distribution to the extent such distribution is required under section 401(a)(9) of the Code; or
(3) the portion of any distribution that is not includible in gross income; provided, however, that this paragraph does not apply to the distribution if the plan to which the distribution is transferred:
(A) is an individual retirement account or annuity described in section 408(a) or (b) of the Code;
(B) for taxable years beginning after December 31, 2001, and before January 1, 2007, is a qualified trust which is part of a defined contribution plan that agrees to separately account for the amounts so transferred, including separately accounting for the portion of the distribution which is includible in gross income and the portion of the distribution that is not so includible; or
(C) for taxable years beginning on or after December 31, 2006, is a qualified trust or an annuity contract described in section 403(b) of the Code, if such trust or contract provides for separate accounting for amounts so transferred (including interest thereon), including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. (d) “Eligible Retirement Plan” means a plan which constitutes an eligible retirement plan within the meaning of section 401(a)(31)(E) of the Code, including an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, or a qualified trust described in section 401(a) of the Code that is a defined contribution plan, the terms of which permit the acceptance of rollover distributions. In the case of an Eligible Rollover Distribution to a surviving Spouse or a surviving former Spouse, an Eligible Retirement Plan means only an individual retirement account or individual retirement annuity. Effective for distributions after December 31, 2001, the definition of Eligible Retirement Plan applies without 18 4888-7598-9807.v2
regard to the preceding sentence in the case of a distribution to a surviving Spouse, or to a Spouse or former Spouse who is the Alternate Payee under a qualified domestic relations order, as defined in section 414(p) of the Code. Effective for distributions after December 31, 2001, the term “Eligible Retirement Plan” also includes an annuity contract described in section 403(b) of the Code or an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan. Effective for distributions after December 31, 2007, an Eligible Retirement Plan also includes a Roth IRA described in section 408A of the Code.

4.15 Purchase of Service Credit.
(a) Subject to the Employer’s approval, a Participant may elect to purchase credit for Years of Service not otherwise credited to the Participant under the Plan, solely for purposes of determining the Participant’s retirement benefit under the Plan. The amount credited must be based on actual past service for the Employer for which the Participant has not received pension credit, however the years of service to be credited shall not exceed the actual years of service by more than two (2) years.
(b) The Employer will determine the amount of the contribution required to purchase the desired credit. The required contribution may not be greater than the estimated increase in the Employer’s liability under the Plan resulting from the purchase, as determined by the Plan’s actuary using the interest and mortality factors that were used in the Plan’s most recent actuarial valuation.
(c) To purchase service credit under this section, the Participant must, at the time and in the manner specified by the Employer, do the following: (1) file an executed written election with the Board under which the Participant agrees to contribute the amount required to purchase the credit, and (2) transfer an amount equal to the required contribution from the Participant’s account under the Employer’s “eligible deferred compensation plan” (within the meaning of section 457(b) of the Code) to this Plan, in a manner that satisfies the requirements of section 457(e)(17) of this Code.

ARTICLE 5

LIMITATIONS ON CONTRIBUTIONS AND BENEFITS

5.01 Effective Date. The limitations of this Article apply in Limitation Years beginning on or after July 1, 2007, except as otherwise provided herein.

5.02 Annual Additions Limit. The total Annual Additions allocated to a Participant’s Account under the Plan, when added to the Annual Additions allocated to the Participant’s accounts under all other qualified defined contribution plans maintained by the Employer or an Affiliate for any Limitation Year, must not exceed the lesser of:
(a) $40,000, as adjusted for increases in the cost-of-living under section 415(d) of the Code; or
19 4888-7598-9807.v2
(b) 100% of the Participant’s Total Compensation for the Limitation Year.

5.03 Annual Benefit Limit. Unless the alternative limitation of Section 5.07 applies, effective for Limitation Years ending after December 31, 2001, the Annual Benefit payable to a Participant under the Plan at any time must not exceed $160,000, adjusted as described in Section 5.03 (the “Annual Benefit Limit”).

5.04 Cost-of-living Limitation Adjustment. The Annual Benefit Limit is automatically adjusted under section 415(d) of the Code, effective January 1 of the calendar year for which the adjustment is determined by the Treasury Department. Any adjustment to the Annual Benefit Limit will be effective for Limitation Years ending with or within the calendar year with respect to which the adjustment is made, but a Participant’s benefits may not reflect the adjustment prior to January 1 of that calendar year. The adjusted Annual Benefit Limit is applied at the time the Participant’s benefits commence.

5.05 Participation in Other Defined Benefit Plans. If the Participant is, or ever has been, a Participant in another qualified defined benefit plan maintained by the Employer or an Affiliate, the sum of the Participant’s Annual Benefits from all such defined benefit plans must not exceed the Annual Benefit Limit. Where the Participant’s employer-provided benefits under all such defined benefit plans (determined as of the same age) would exceed the Annual Benefit Limit applicable at that age, benefits accrued under the Plan and all such other plans shall be reduced in proportion to the total benefits accrued under each such plan but only to the extent necessary to comply with the limits on benefits set forth in this Article. For purposes of this Section:
(a) The termination of any plan shall be disregarded; and (b) The total benefits accrued under each plan for calculating the proportional reduction shall be determined without regard to the limits of this Article.

5.06 Participation in Other Defined Contribution Plans. If a Participant participates in another defined contribution plan of the Employer or of an Affiliate that is a tax-qualified defined contribution plan, contributions or allocations that would otherwise be made on behalf of the Participant to the other plan shall first be reduced to the extent necessary to avoid exceeding the limitations of this regulation.

5.07 Adjustment for Less Than 10 Years of Participation. (a) General Rule. If the Participant has less than 10 Years of Participation in the Plan, the Annual Benefit Limit shall be multiplied by a fraction:
(1) The numerator of which is the number of Years (or part thereof, but not less than one year) of Participation in the Plan, and (2) The denominator of which is 10.
20 4888-7598-9807.v2
(b) Special Rule for Death and Disability Benefits. The reduction described in subsection (a) of this Section shall not apply to preretirement disability benefits or preretirement death benefits.

5.08 Adjustment for Benefit Commencement Before Age 62 or After Age 65.

Effective for benefits commencing in Limitation Years ending after December 31, 2001, the Annual Benefit Limit is adjusted for benefit commencement before age 62 or after age 65 as follows:
(a) Adjustment for Benefit Commencement Before Age 62. If the Participant’s Annuity Starting Date is before the Participant attains age 62, the Annual Benefit Limit is equal to:
(1) If the Participant’s Annuity Starting Date is before July 1, 2007, the annual benefit payable in the form of a straight life annuity commencing at the Participant’s Annuity Starting Date that is the actuarial equivalent of a deferred straight life annuity commencing at age 62 with an annual benefit equal to the Annual Benefit Limit (adjusted under Section 5.05 for years of participation less than 10, if required) and with actuarial equivalence determined using:
(A) The Applicable Mortality Table, and
(B) An interest rate that is not less than the greater of:
(i) 5%; or
(ii) The interest rate specified in Section 1.03 of the Plan.
(2) If the Participant’s Annuity Starting Date is on or after July 1, 2007, the lesser of:
(A) The amount determined under paragraph (1) of this
subsection; or
(B) The Annual Benefit Limit (adjusted under Section 5.05 for years of participation less than 10, if required) multiplied by the ratio of the annual amount of the immediately commencing straight life annuity under the Plan at the Participant’s Annuity Starting Date to the annual amount of the immediately commencing straight life annuity under the Plan at age 62, both determined without applying the limitations of this Article. (b) Adjustment for Benefit Commencement After Age 65. If the Participant’s Annuity Starting Date is after the Participant attains age 65, the Annual Benefit Limit is equal to:
(1) If the Participant’s Annuity Starting Date is before July 1, 2007, the annual benefit payable in the form of a straight life annuity commencing at the Participant’s Annuity Starting Date that is the actuarial equivalent of a straight life annuity commencing at age 21 4888-7598-9807.v2
65 with an annual benefit equal to the Annual Benefit Limit (adjusted under Section 5.05 for years of participation less than 10, if required) and with actuarial equivalence determined using:
(A) The Applicable Mortality Table; and
(B) An interest rate that is not greater than the lesser of:
(i) 5%; or
(ii) The interest rate specified in Section 1.03 of the Plan.
(2) If the Participant’s Annuity Starting Date is on or after July 1, 2007, the lesser of:
(A) The amount determined under paragraph (1) of this
subsection; or
(B) The Annual Benefit Limit (adjusted under Section 5.05 for years of participation less than 10, if required) multiplied by the ratio of the annual amount of the adjusted immediately commencing straight life annuity under the Plan at the Participant’s Annuity Starting Date to the annual amount of the adjusted immediately commencing straight life annuity under the Plan commencing at age 65, both determined without applying the limitations of this Article. For this purpose, the adjusted immediately commencing straight life annuity under the Plan at the Participant’s Annuity Starting Date is the annual amount of such annuity payable to the Participant, computed disregarding the Participant’s accruals after age 65 but including actuarial adjustments even if those actuarial adjustments are used to offset accruals; and the adjusted immediately commencing straight life annuity under the Plan at age 65 is the annual amount of such annuity that would be payable under the Plan to a hypothetical Participant who is age 65 and has the same accrued benefit as the Participant. (c) No Mortality Adjustment Unless Benefit Forfeited at Death. No adjustment will be made to the Annual Benefit Limit to reflect the probability of the Participant’s death between the Annuity Starting Date and age 62 or between age 65 and the Annuity Starting Date, unless the Participant’s benefit is forfeited at death before the Annuity Starting Date. (d) Special Rule for Qualified Police or Firefighters. The adjustment described in subsection (a) of this Section shall not apply if the Participant’s benefit is based on at least 15 years as a full-time employee of any police or fire department or as a member of the armed forces of the United States.
(e) Special Rule for Death and Disability Benefits. The adjustment described in subsection (a) of this Section shall not apply to preretirement disability benefits or preretirement death benefits.

5.09 Benefits Not in Excess of $10,000. The benefit payable to a Participant is treated as not exceeding the Annual Benefit Limit if:
22 4888-7598-9807.v2
(a) The retirement benefits payable for a Limitation Year under any form of benefit with respect to the Participant under this Plan and all other defined benefit plans (without regard to whether the Plan has been terminated) ever maintained by the Employer or an Affiliate do not exceed $10,000 multiplied by a fraction:
(1) the numerator of which is the Participant’s number of Years (or part thereof, but not less than one year) of Service (not to exceed 10) with the Employer or an Affiliate; and
(2) the denominator of which is 10; and
(b) The Participant has never participated in any in any qualified defined contribution plan ever maintained by the Employer or an Affiliate.

5.10 Correction of Excess Annual Additions. Any excess Annual Additions shall be corrected using the methods specified in section 6.06 and Appendix A.08 of Revenue Procedure 2008-50 or any subsequent guidance promulgated by the Secretary of the Treasury describing the procedures for correcting excess Annual Additions under the Employee Plans Compliance Resolution System (“EPCRS”) or its successor.

5.11 Definitions. For purposes of this Section, the following terms have the following meanings:
(a) “Affiliate” means all members of a controlled group of corporations (as defined in Section 414(b) of the Code, as modified by Section 415(h) of the Code), all commonly controlled trades or businesses (as defined in Section 414(c) of the Code, as modified, except in the case of a brother-sister group of trades or businesses under common control, by Section 415(h) of the Code), or affiliated service groups (as defined in Section 414(m) of the Code) of which the Employer is a part, and any other entity required to be aggregated with the Employer pursuant to Section 414(o) of the Code.
(b) “Annual Additions” means the sum of the amounts credited to a Participant’s Accounts under the Plan and any other qualified defined contribution plans maintained by the Employer or an Affiliate for the Limitation Year described in paragraph (1) and excludes all of the amounts described in paragraph (2) of this subsection:
(1) Annual Additions includes:
(A) Employer contributions;
(B) Employee contributions (after-tax), including mandatory contributions (as defined in section 411(c)(2)(C) of the Code and Treasury regulations issued thereunder), as well as voluntary employee contributions used to purchase permissive service credit (as Defined in Code section 415(n)(3)) if an election is made to treat those amounts as Annual Additions in the year contributed pursuant to Code section 415(n)(1). (C) Forfeitures;
23 4888-7598-9807.v2
(D) Amounts allocated to the Participant’s individual medical account (within the meaning of section 415(l)(2) of the Code), which is part of a pension or annuity plan maintained by the Employer or Affiliate, except that such amounts are not included in Annual Additions for purposes of applying the 100% of compensation limit. (2) Annual Additions excludes:
(A) Repayments of cash-outs as described in section 415(k)(3) of the Code (for example, to purchase restoration of an accrued benefit that was lost when employee contributions were previously cashed out) for the Limitation Year in which the restoration occurs;
(B) Catch-up contributions made in accordance with Code section 414(v);
(C) Restorative payments described in Treasury regulations section 1.415(c)-1(b)(2)(ii)(C);
(D) Excess deferrals that are distributed in accordance with Treasury regulations section 1.402(g)-l(e)(2) or (3);
(E) Rollover contributions (as described in sections 401(a)(31), 402(c)(1), 403(a)(4), 403(b)(8), 408(d) and 457(e)(16) of the Code); (F) Loan repayments;
(G) Employee contributions to a qualified cost-of-living arrangement described in Code section 415(k)(2)(B);
(H) Employee contributions picked up by the Employer under Code section 414(h)(2);
(I) Make-up contributions attributable to a period of qualified military service, as defined in Code section 414(u), with respect to the year in which the contribution is made (but not with respect to the year to which the contribution relates); and (J) Employee contributions to purchase permissive service credit (as defined in Code section 415(n)(3)) if an election is made to treat the accrued benefit derived from all such contributions as an annual benefit subject to the limits of Code section 415(b).
(c) “Annual Benefit” means a benefit that is payable annually in the form of a straight life annuity. Except as provided in Section paragraph (1) of this subsection, where a benefit is payable in a form other than a straight life annuity, the benefit shall be adjusted to an actuarially equivalent straight life annuity that begins at the same time as such other form of benefit and is payable on the first day of each month.
(1) No actuarial adjustment to the benefit shall be made for:
24 4888-7598-9807.v2
(A) Survivor benefits payable to a surviving Spouse under a joint and survivor annuity option provided under Article 4 that would qualify as a qualified joint and survivor annuity defined in section 417(b) of the Code; (B) Benefits that are not directly related to retirement benefits (such as pre-retirement qualified disability benefits, preretirement incidental death benefits, and postretirement medical benefits); or
(C) The inclusion in the form of benefit of automatic, periodic increases to the benefits, provided:
(i) The form of benefit is not a lump sum, installment, decreasing annuity, or term certain;
(ii) The form of benefit would otherwise satisfy the
limitations of this Article; and
(iii) The amount payable under the form of benefit in
any Limitation Year must not exceed the limits of this Article applicable at the Annuity Starting Date, as increased in subsequent years pursuant to section 415(d) of the Code. (2) Rules for determining Annual Benefit. The determination of the Annual Benefit shall take into account social security supplements described in section 411(a)(9) of the Code and benefits transferred from another defined benefit plan, other than transfers of distributable benefits pursuant section 1.411(d)-4, Q&A-3(c), of the Treasury regulations, but shall disregard benefits attributable to employee contributions or rollover contributions. Benefits attributable to Participant contributions do not include any benefits that are made on a pre-tax basis such as employee contributions picked up by the Employer under section 414(h)(2) of the Code or such as Participant contributions that are actually paid by the Participant’s Employer.

The amount of any benefits attributable to Participant contributions and to rollover contributions shall be determined in accordance with section 415 of the Code. (3) Multiple Annuity Starting Dates. For a Participant who has or will have distributions commencing at more than one Annuity Starting Date, the Annual Benefit shall be determined as of each such Annuity Starting Date (and shall satisfy the limitations of these regulations as of each such date), actuarially adjusting for past and future distributions of benefits commencing at the other Annuity Starting Dates. For this purpose, the determination of whether a new starting date has occurred shall be made in accordance with section 1.415(b)- 1(b)(1)(iii)(B) and (C) of the Treasury regulations.
(4) Adjustment to other forms of benefit. Effective for distributions in Plan Years beginning after December 31, 2003, except as provided in paragraph 1 of this subsection, if the Participant’s benefit is payable in a form other than a straight life annuity, then, the actuarially equivalent straight life annuity shall be determined in accordance with A or B below, whichever is applicable.
(A) Annuities. If the Participant’s benefit is payable in the form of a non-decreasing life annuity or other form of benefit described in section 1.417(e)- 25 4888-7598-9807.v2
1(d)(6) of the Treasury regulations (e.g., other than a lump sum, installments, a decreasing annuity or a term certain), then the actuarially equivalent straight life annuity is determined as follows:
(i) Limitation Years beginning before July 1, 2007.

For Limitation Years beginning before July 1, 2007, the actuarially equivalent straight life annuity is determined using:
(I) The Applicable Mortality Table; and
(II) An interest rate that is not less than the
greater of:
(a) 5%; or
(b) The interest rate specified in
Section 1.03 of the Plan.
(ii) Limitation Years beginning on or after July 1, 2007.

For Limitation Years beginning on or after July 1, 2007, the actuarially equivalent straight life annuity is equal to the greater of:
(I) The annual amount of the straight life
annuity (if any) payable to the Participant under the Plan commencing at the same Annuity Starting Date as the Participant’s form of benefit; or
(II) The annual amount of the straight life
annuity commencing at the same Annuity Starting Date that is actuarially equivalent to the Participant’s form of benefit, computed using a 5% rate and the Applicable Mortality Table for that Annuity Starting Data.
(B) Lump Sums and Installments. If the Participant’s benefit is payable in the form of a lump sum, installments, a decreasing annuity, term certain or other form of benefit not described in section 1.417(e)-1(d)(6) of the Treasury regulations, then the actuarially equivalent straight life annuity is determined as follows:
(i) Annuity Starting Date in Plan Years Beginning
After 2005. If the Participant’s Annuity Starting Date is in a Plan Year beginning after 2005, the actuarially equivalent straight life annuity is equal to the greatest of:
(I) The annual amount of the straight life
annuity commencing at the same Annuity Starting Date that is Actuarially Equivalent to the Participant’s form of benefit, computed using the interest rate and the mortality table specified in Section 1.03 of the Plan for determining actuarial equivalence; (II) The annual amount of the straight life
annuity commencing at the same Annuity Starting Date that has the same actuarial present value 26 4888-7598-9807.v2
as the Participant’s form of benefit, computed using a 5.5% interest rate and the Applicable Mortality Table; or
(III) The annual amount of the straight life
annuity commencing at the same Annuity Starting Date that has the same actuarial present value as the Participant’s form of benefit, computed using the Applicable Interest Rate and the Applicable Mortality Table, divided by 1.05.
(ii) Annuity Starting Date in Plan Years Beginning in
2004 or 2005. If the Participant’s Annuity Starting Date is in a Plan Year beginning in 2004 or 2005, the actuarially equivalent straight life annuity is equal to the annual amount of the straight life annuity commencing at the same Annuity Starting Date that has the same actuarial present value as the Participant’s form of benefit, computed using whichever of the following produces the greater annual amount:
(I) The interest rate and the mortality table
specified in Section 1.03 of the Plan for determining Actuarial Equivalence; or (II) A 5.5% interest rate and the Applicable
Mortality Table.

If the Participant’s Annuity Starting Date is after December 31, 2003, and before January 1, 2005, the application of this Section 5.11(c)(4)(B)(ii) shall not cause the amount payable under the Participant’s form of benefit to be less than the benefit calculated under the Plan, taking into account the limitations of this Article had the amount been determined using the Applicable Interest Rate in effect as of the last day of the last Plan Year beginning before January 1, 2004. (d) “Applicable Interest Rate” means for distributions with Annuity Starting Dates before July 1, 2008, a rate of interest equal to the annual rate of interest on 30-year Treasury securities for the third month preceding the stability period, which is the Plan Year containing the Annuity Starting Date and for which the Applicable Interest Rate must remain constant. Effective for distributions with Annuity Starting Dates on or after July 1, 2008, “Applicable Interest Rate” means the “applicable interest rate” defined in section 417(e)(3)(C) of the Code determined as of the third month preceding the stability period, which is the Plan Year containing the Annuity Starting Date and for which the Applicable Interest Rate must remain constant.
(e) “Applicable Mortality Table” means the mortality table used for purposes of adjusting any benefit or limitation under Section 415(b) of the Code as prescribed by the Internal Revenue Service to be applicable at such time. Effective for distributions with Annuity Starting Dates on or after December 31, 2001, and before January 1, 2008, the “Applicable Mortality Table” is the table prescribed in Revenue Ruling 2001-62. Effective with respect to distributions with Annuity Starting Dates on or after January 1, 2008, the Applicable Mortality Table” is the table prescribed by the Internal Revenue Service pursuant to Section 417(e)(3)(B) of the Code as set forth in Revenue Ruling 2007-67 or subsequent guidance from the Internal Revenue Service.
27 4888-7598-9807.v2
(f) “Severance From Employment” means the Participant ceases to be an employee of the Employer and all Affiliates. A Participant does not have a Severance From Employment if, in connection with a change of employment, the Participant’s new employer maintains the Plan with respect to the Participant.
(g) “Total Compensation” means all items of remuneration described in paragraph (1) and excludes all items of remuneration described in paragraph (2) of this subsection.
(1) Total Compensation includes all of the following items of remuneration for services:
(A) A Participant’s wages, salaries, fees for professional services, and other amounts received (without regard to whether or not an amount is paid in cash) for personal services actually rendered in the course of employment with the Employer and any Affiliate to the extent that the amounts are includible in gross income (or to the extent that amounts would have been includible in gross income but for an election under Code section 125(a), 132(f)(4), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b)). These amounts include, but are not limited to, bonuses, fringe benefits, and reimbursements, or other expense allowances under a nonaccountable plan, as described in section 1.62-2(c) of the Treasury regulations; (B) Amounts described in section 104(a)(3), 105(a), or 105(h) of the Code, but only to the extent that these amounts are includible in the gross income of the Participant;
(C) Amounts paid or reimbursed by the Employer or an
Affiliate for moving expenses incurred by a Participant, but only to the extent that at the time of the payment it is reasonable to believe that these amounts are not deductible by the Participant under section 217 of the Code;
(D) The amount includible in the gross income of a Participant upon making the election described in section 83(b) of the Code; (E) Amounts that are includible in the gross income of a Participant under the rules of section 409A of the Code or section 457(f)(1)(A) of the Code, or because the amounts are constructively received by the Participant; and (F) Effective for Plan Years beginning after December 31, 2008, differential wage payments (as defined in section 3401(h)(2) of the Code). (2) Total Compensation excludes each of the following items:
(A) Employer contributions (other than elective contributions described in section 402(e)(3), 408(k)(6), 408(p)(2)(A)(i), or 457(b) of the Code) to a deferred compensation plan (including a simplified employee pension described in Code section 408(k) or a simple retirement account described in section 408(p) of the Code, and whether or not qualified) to the extent such contributions are not includable in the Participant’s gross income for the taxable year in which contributed, and any distributions (whether or not includible in gross 28 4888-7598-9807.v2
income when distributed) from a deferred compensation plan (whether or not qualified) other than amounts received during the year by a Participant pursuant to a nonqualified unfunded deferred compensation plan to the extent includible in gross income; (B) Other amounts that receive special tax benefits, such as premiums for group term life insurance (but only to the extent that the premiums are excludible from the gross income of the Participant, and are not salary reduction amounts that are described in section 125 of the Code);
(C) Other items of remuneration that are similar to any of the items listed in (A) and (B), above.
(3) Timing.
(A) In order to be taken into account for a Limitation Year, Total Compensation must be paid or made available (or, if earlier, includible in the gross income of the Participant) during the Limitation Year. For this purpose, compensation is treated as paid on a date if it is actually paid on that date or it would have been paid on that date but for an election under section 125, 132(f)(4), 401(k), 403(b), 408(k), 408(p)(2)(A)(i), or 457(b) of the Code).
(B) In order to be taken into account for a Limitation Year, Total Compensation must be paid or treated as paid to the Participant prior to the Participant’s Severance From Employment with the Employer; provided, however, that Total Compensation includes amounts paid to the Participant by the later of 2½ months after Severance From Employment or the end of the Limitation Year that includes the Severance From Employment date if the amounts are regular compensation for services during the Participant’s regular working hours, compensation for services outside the Participant’s regular working hours (such as overtime or shift differential), commissions, bonuses, or other similar compensation that absent a Severance From Employment would have been paid to the Participant while the Participant continued in employment with the Employer.
(C) Total Compensation does not include amounts paid after Severance From Employment that are severance pay, unfunded nonqualified deferred compensation, or any other payment that is not described in the preceding subparagraph, even if paid within 2½ months, except for:
(i) Payments to an individual who does not currently
perform services for the Employer by reason of qualified military service (as defined in section 414(u) of the Code) to the extent that these payments do not exceed the amounts that the individual would have received if the individual had continued to perform services for the Employer rather than entering qualified military service; and (ii) Payments to a Participant who is permanently and
totally disabled; provided, however that salary continuation applies to all Participants who are permanently and totally disabled for a fixed or determinable period. For this purpose, a Participant is permanently and totally disabled only if the Participant is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental 29 4888-7598-9807.v2
impairment which can be expected to result in death or which has lasted, or can be expected to last, for a continuous period of not less than 12 months. (4) Limit. A Participant’s Total Compensation shall not include compensation in excess of the limitation of section 401(a)(17) of the Code that is in effect for the calendar year in which such Limitation Year begins.
(h) “Year of Participation” means each accrual computation period for which the following conditions are met:
(1) The Participant is credited with at least the number of Hours of Service or period of service for benefit accrual purposes, required under the terms of the Plan in order to accrue a benefit for the accrual computation period; and (2) The Participant is included as a Participant under the eligibility provisions of the Plan for at least one day of the accrual computation period. If these two conditions are met, the portion of a Year of Participation credited to the Participant shall equal the portion of a year of benefit accrual service credited to the Participant for such accrual computation period.

A Participant who is permanently and totally disabled within the meaning of Section 415(c)(3)(C)(i) of the Code for an accrual computation period shall receive a Year of Participation with respect to that period. In no event shall more than one Year of Participation be credited for any 12-month period.
30 4888-7598-9807.v2
ARTICLE 6

CLAIMS PROCEDURE

6.01 Claim for Benefits. A Plan Participant or Beneficiary must make a claim for Plan benefits by filing a written request with the Committee at the time and in the manner specified by the Committee.

6.02 Claim Denial. If a claim is wholly or partially denied, the Committee must furnish the Participant or Beneficiary with written notice of the denial within 60 days of the date the original claim was received. This notice of denial must provide:
(a) the reason for denial,
(b) specific reference to pertinent Plan provisions on which the denial was based,
(c) a description of any additional information needed to perfect the claim and an explanation of why such information is necessary, and (d) an explanation of the Plan’s claim procedure.

6.03 Appeal of Denied Claim. The Participant or Beneficiary has 60 days from receipt of denial notice in which to make written application for review by the Committee. The Participant or Beneficiary may request that the review be in the nature of a hearing. The Participant or Beneficiary has the rights:
(a) to representation,
(b) to review pertinent documents, and
(c) to submit comments in writing.

6.04 Decision on Appeal. The Committee shall issue a decision on such review within 60 days after receipt of an application for review, as provided in Section 6.03. 31 4888-7598-9807.v2
ARTICLE 7

COMMITTEE

7.01 Committee Membership.
(a) The City Council of the City of Delano shall appoint a Committee, hereinafter referred to as the “Committee,” consisting of five members. Two of such members shall be elected by General Participants. The remaining three members shall be appointed by the Mayor of the City of Delano, with approval of the City Council. Members shall not be subject to the residency requirements as set forth in Delano City Municipal Code Chapter 2.32. (b) Two of the initial Committee members shall serve a two-year term, with one from the elected members and one from the appointed members. The remaining three members shall serve a four-year term. Upon expiration of the original term of office, a member may be re-elected or re-appointed for a four-year term and shall not be subject to term limits, as set forth in Delano City Municipal Code Chapter 2.32.
(c) A member of the Committee appointed by the City Council shall serve the member’s full term unless dismissed by the City Council, with or without cause, or becomes ineligible to serve. A vacancy shall be filled in the same manner as the original appointment.

7.02 Committee Action.
(a) The Committee shall choose a Secretary, who need not be one of its members (hereinafter referred to as “Secretary”) who shall keep minutes of its proceedings and all records and documents pertaining to its administration of the Plan. Any action of the Committee shall be taken pursuant to a majority vote, or to the written consent of a majority of its members and such action shall constitute the action of the Committee and be binding on the same as if all members had joined therein. A quorum of the Committee shall consist of a majority of its then acting members. The Secretary may execute any certificate or other written direction on behalf of the Committee. All directions to the Trustee shall be in writing signed by the Secretary or other person or persons duly authorized to sign by the Committee. The Trustee or any third person dealing with the Committee may conclusively rely upon any certificate or other written direction so executed.
(b) A member of the Committee shall not vote or act upon any matter which relates solely to himself as a Participant. If a matter arises affecting one of the members of the Committee as a Participant and the other members of the Committee are unable to agree as to the disposition of such matter, the City Council shall appoint a substitute member to the Committee in the place and stead of the affected member, for the sole and only purpose of passing upon and deciding the particular matter.

7.03 Rights and Duties. The Committee, on behalf of the Participants and their Beneficiaries, shall be responsible for the control and management of the Plan, and shall enforce the Plan in accordance with its terms, and shall be charged with the general administration of the 32 4888-7598-9807.v2
Plan. The Committee shall have all powers and duties necessary to accomplish those purposes, including but not by way of limitation, the following:
(a) To interpret the provisions of the Plan and to determine all questions arising in the administration and application of the Plan; (b) To determine all questions relating to the eligibility of Employees to participate;
(c) To determine, compute and certify to the Trustee the amount and kind of benefits payable to Participants and their Beneficiaries; (d) To authorize disbursements for the payment of benefits under this Plan by the Trustee from the Trust;
(e) To appoint one or more investment managers to direct the Trustee with respect to the investment of Trust assets; to review periodically the performance of the Trustee or an investment manager; and to reappoint, remove or change such an investment manager; (f) To maintain all necessary records for the administration of the Plan other than those maintained by the Trustee;
(g) To make and publish such rules for the regulation of the Plan which are not inconsistent with the terms hereof;
(h) To engage an actuary or actuaries to make calculations required in the operation of the Plan, and such other persons as it may deem proper to render legal, accounting and other services;
(i) To approve mortality tables, interest rates and other factors required to be taken into account in connection with the actuarial matters arising under the Plan; (j) To establish claims procedures consistent with regulations of the Secretary of Labor for presentation of claims by Participants and Beneficiaries for Plan benefits, consideration of such claims, review of claim denials and issuance of decisions on review; (k) To render such reports and statements to Participants, Beneficiaries and government agencies as shall be prescribed by the Code, and applicable laws and regulations; (l) To determine current and future benefit distribution requirements and to inform the Trustee or Investment Manager of such requirements.

All action of the Committee shall be conclusive on all persons interested in the Plan except to the extent otherwise specifically indicated herein.

Notwithstanding the foregoing, the Committee shall have no responsibility or authority with regard to the investment, control, or management of Plan assets (other than as specified in 33 4888-7598-9807.v2
paragraphs (c), (d), and (e) above). Such responsibility and authority shall rest entirely with the Trustee or such investment manager as may be appointed to manage the investments of the Trust.

7.04 Delegation. The Committee may delegate any of its responsibilities under the Plan to any other person. Such delegation shall be accomplished by a written instrument executed by the Secretary of the Committee specifying the responsibilities delegated and the fiduciary responsibilities allocated to such delegate. The allocation of such responsibilities shall be effective upon the date specified in the delegation subject to written acceptance by the delegate. Any such delegation of responsibilities under this Section shall provide for reports, no less often than annually, by such delegate to the Committee of such information necessary to fully inform the Committee of the status and operation of the Plan and of the delegate’s discharge of the responsibilities delegated.

7.05 Transmittal of Information. In order to enable the Committee to perform its functions under the Plan, the Employer shall supply full and timely information to the Committee or its authorized representative on all matters relating to the compensation of all Participants, their employment, retirement, death, or the cause for termination of employment and such other pertinent facts as may be required.

7.06 Duty of Care. In the exercise of its powers and duties under the Plan, the Committee shall act solely in the interest of the Participants and Beneficiaries of Plan and shall discharge its duties hereunder with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of a like character and with like aims.

7.07 Compensation and Expenses. The members of the Committee or any delegate shall serve without compensation for their services hereunder. All reasonable expenses of the Plan, including expenses incurred by the Committee in connection with the performance of its duties, will be paid from Trust assets, unless paid by the Employer.

7.08 Reliance on Reports and Certificates. The members of the Committee and any delegates of the Committee shall be entitled to rely upon all tables, valuations, certificates and reports furnished by any duly appointed actuary, and on all certificates and reports made by the Trustee or by any duly appointed accountant, and on all opinions given by any duly appointed legal counsel.

7.09 Relationship of Fiduciaries. Each fiduciary of the Plan will be solely responsible for its own acts or omissions. Except to the extent imposed by applicable law, no fiduciary shall have the duty to question whether any other fiduciary is fulfilling any or all of the responsibilities imposed upon such other fiduciary. No fiduciary shall have any liability for a breach of fiduciary responsibility of another fiduciary with respect to the Plan or Trust unless the fiduciary knowingly participates in such breach, knowingly undertakes to conceal such breach, has actual knowledge of such breach and fails to take reasonable remedial action to remedy said breach or, through the fiduciary’s negligence in performing the fiduciary’s own specific fiduciary responsibilities, has enabled such other fiduciary to commit a breach of the latter’s fiduciary responsibilities.
34 4888-7598-9807.v2
ARTICLE 8

MISCELLANEOUS PROVISIONS

8.01 Plan Continuance Not Employer Obligation. It is the expectation and intention of the Employer that this Plan will continue indefinitely, but the continuance of this Plan is not assumed as a contractual obligation by the Employer, and the right is reserved by the Employer, at any time to reduce, suspend or discontinue contributions to the Trust or terminate this Plan; provided, however, that no amendment, alteration, modification or termination of the Plan may adversely affect the accrued rights of any Participant without corresponding advantages.

8.02 Plan Termination Upon Dissolution. The Plan will terminate in the event:
(a) The Employer is dissolved and liquidated, or
(b) The Employer is merged or consolidated with or transfers all or substantially all of the assets of the Employer to a successor or transfers to a successor all or substantially all of the assets of the Employer and such successor does not within 180 days elect to continue the Plan.

8.03 Effect of Plan Termination or Discontinuance of Contributions. In the event of a termination or a complete discontinuance of contributions to the Trust, the rights of all affected Participants to benefits then accrued, to the extent then funded, will thereupon become 100% Vested and nonforfeitable, subject to the order of priority set forth below, and the Trustee will make a prompt determination of the fair market value of the Trust assets and it will then be applied so as to provide (to the extent not already provided) benefits in said order of priority.

Benefits for each such person will be computed on the basis of credited service accrued up to the date of said termination or discontinuance.
(a) Allocation of Assets. In the case of the termination of this Plan, the Committee will allocate the assets thereof (available to provide benefits) among the Participants and Beneficiaries of the Plan as follows:
(1) First, in the case of benefits payable as an annuity:
(A) In the case of the benefit of a Participant or Beneficiary which was in pay status as of the beginning of the three year period ending on the termination date of the Plan, to each such benefit, based on the provisions of the Plan (as in effect during the five-year period ending on such date) under which such benefit would be the least; (B) In the case of a Participant’s or Beneficiary’s benefit (other than a benefit described in subparagraph (A)) which would have been in pay status as of the beginning of such three year period if the Participant had retired prior to the beginning of the three year period and if the Participant’s benefits had commenced (in the normal form of annuity under the Plan) as of the beginning of such period, to each such benefit based on the provisions of the Plan (as in effect during the five year period ending on such date) under which such benefit would be the least. For purposes of subparagraph (A), the lowest benefit in pay status during a three year period shall be considered the benefit in pay status for such period. 35 4888-7598-9807.v2
(2) Second,
(A) To all other benefits (if any) of individuals under the Plan that would be guaranteed under Title IV of ERISA (determined without regard to Section 4022(b)(5) of said Act) if Title IV of ERISA applied to the Plan, and (B) To the additional benefits (if any) which would be
determined under subparagraph (A) without regard to Section 4022(b)(6) of ERISA.

For purposes of this paragraph, Section 4021 of said Act shall be applied without regard to subsection (c) thereof.
(3) Third, to all other nonforfeitable benefits under the Plan. (4) Fourth, to all other benefits under the Plan.
(b) Adjustments and Limitations. For purposes of subsection (a) above:
(1) The amount allocated under any paragraph with respect to any benefit shall be properly adjusted for any allocation of assets with respect to that benefit under a prior paragraph.
(2) If the assets available for allocation under any paragraph (other than paragraphs (3) and (4) of subsection (a) above) are insufficient to satisfy in full the benefits of all individuals which are described in that paragraph, the assets shall be allocated pro rata among such individuals on the basis of the present value (as of the termination date) of their respective benefits described in that paragraph.
(3) This paragraph applies if the assets available for allocation under paragraph (3) of subsection (a) above are not sufficient to satisfy in full the benefits of individuals described in that paragraph.
(A) If this paragraph applies, except as provided in
subparagraph (B), the assets shall be allocated to the benefits of individuals described in such paragraph (3) on the basis of the benefits of individuals which would have been described in such paragraph (3) under the Plan as in effect at the beginning of the five year period ending on the date of Plan termination.
(B) If the assets available for allocation under subparagraph (A) are sufficient to satisfy in full the benefits described in such subparagraph (without regard to this subparagraph), then for purposes of subparagraph (A), benefits of individuals described in such subparagraph shall be determined on the basis of the Plan as amended by the most recent Plan amendment effective during such five year period under which the assets available for allocation are sufficient to satisfy in full the benefits of individuals described in subparagraph (A) and any assets remaining to be allocated under such subparagraph shall be allocated under subparagraph (A) on the basis of the Plan as amended by the next succeeding Plan amendment effective during such period.
36 4888-7598-9807.v2
(c) Distribution of Residual Assets. Any residual assets of a Plan may be distributed to the Employer if:
(1) All liabilities of the Plan to Participants and their Beneficiaries have been satisfied; and
(2) The distribution does not contravene any provision of law.

Such allocation and provision for the retirement benefits shall be accomplished through either continuance of the Trust, the creation of a new trust, or the purchase of annuity contracts; provided, however, that the Committee upon finding that it is not practicable or desirable under the circumstances to do any of the foregoing with respect to one or more of the groups listed above, may provide some other means, including cash payments, but no change will be effected in the order or precedence and the basis of allocation established above.

8.04 Limitation on Rights of Participants. Nothing contained in the Plan shall give any Employee the right to be retained in the service of the Employer or to interfere with or restrict the right of the Employer, which is hereby expressly reserved, to discharge or retire any Employee or to change an Employee’s rate of compensation at any time with or without cause.

Inclusion under the Plan will not give any Participant any right or claim to a retirement income or any other benefit hereunder except to the extent such right has specifically become fixed under the terms of the Plan and there are funds available therefore in the hands of the Trustee.

The doctrine of substantial performance shall have no application to Participants. Each condition and provision, including numerical items, has been carefully considered and constitutes the minimum limit on performance which will give rise to the applicable right.

8.05 Payment on Behalf of a Minor or Incompetent. In the event any amount becomes payable under the Plan to a minor or a person who, in the sole judgment of the Committee, is considered by reason of physical or mental condition to be unable to give a valid receipt therefor, the Committee may direct that such payment be made to any person found by the Committee, in its sole judgment to have assumed the care of such minor or incompetent. Such determination shall constitute a full release and discharge of the Trustee, the Committee, the Employer and its officers and Employees.

8.06 Amendments. The Employer shall have the right to amend this Plan from time to time to amend or cancel any such amendments. Such amendment shall be stated in an instrument in writing, executed by the Employer in the same manner as this Plan. Except as may be required to permit the Plan to meet the requirements for qualification and tax exemption under the Code, or any other applicable law, no amendment may be made which may:
(a) cause any of the assets of the Plan or Trust, at any time prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, to be used for or diverted to purposes other than the exclusive benefit of Participants and their Beneficiaries and for defraying reasonable expenses of administering the Plan; (b) have any retroactive effect so as to deprive any Participant or Beneficiary of any benefit which the Participant would be entitled to under this Plan if the Participant’s employment were terminated at the time of such amendment. 37 4888-7598-9807.v2

8.07 Alienation. None of the benefits, payments, proceeds or claims of any Participant, or Beneficiary, shall be subject to any claim of any creditor and, in particular, the same shall not be subject to attachment or garnishment or other legal process by any creditor, nor shall any such Participant or Beneficiary have any right to alienate, anticipate, commute, pledge, encumber or assign any of the benefits or payments or proceeds which the Participant may expect to receive, contingently or otherwise, under this Plan.

8.08 Errors and Misstatements. In the event of any misstatement, omission of fact or error resulting in payment of benefits in an incorrect amount, the Committee shall promptly cause the amount of future payments to be corrected upon discovery of the true facts, and shall cause the Trustee to pay the Participant or the Participant’s Beneficiary any underpayment, in a lump sum cash amount, or to recoup any overpayment from future payments to the Participant or the Participant’s Beneficiary in such amounts as the Committee shall direct, or to proceed against the Participant or the Participant’s Beneficiary for recovery of any such overpayment.

8.09 Titles. Titles are provided herein for convenience only and are not to serve as a basis for interpretation or construction of this Plan.

8.10 Governing Law; Severability. This Plan and the Trust shall be construed, administered, and governed in all respects in accordance with the applicable laws of the State of California to the extent not preempted by applicable federal law; provided, however, that if any provision is susceptible to more than one interpretation, such interpretation shall be given thereto as is consistent with this Plan being a tax-qualified employee benefit plan within the meaning of Section 401(a) of the Code. If any provision of this instrument shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions hereof shall continue to be fully effective.

8.11 Merger or Consolidation. This Plan shall not be merged or consolidated with, nor shall its assets or liabilities be transferred to any other plan unless each Participant in this Plan (if the Plan then terminated) would receive a benefit immediately after the merger, consolidation, or transfer which is equal to or greater than the benefit the Participant would have been entitled to receive immediately before the merger, consolidation, or transfer (if this Plan had been terminated). Where the foregoing requirement is satisfied this Plan may be merged or consolidated with another qualified Plan.

8.12 Contributions not Recoverable. It shall be impossible for any part of the contributions made under this Plan to be used for, or diverted to, purposes other than the exclusive benefit of Participants and their Beneficiaries and defraying reasonable expenses of administering the Plan; provided, however, that notwithstanding this or any other provision of this Plan, contributions made by the Employer because of a good faith mistake in fact may be returned to the Employer within one year of the date of the contribution.

8.13 Qualified Domestic Relations Order. This Plan must follow the terms of any qualified domestic relations order issued with respect to a Participant. A “Qualified Domestic Relations Order” is any judgment, decree or order, including the approval of a property settlement or agreement, provided that:
38 4888-7598-9807.v2
(a) The order relates to the provision of child support, alimony or marital property rights and is made pursuant to state domestic relations or community property laws; (b) The order creates or recognizes the existence of an Alternate Payee’s right to receive all or a portion of a Participant’s Account balance; (c) The order specifies the name and last known mailing address of the Participant and each Alternate Payee covered by the order; (d) The order specifies the amount or percentage of the Participant’s Account balance to be paid to each Alternate Payee or the manner in which the amount or percentage is to be determined;
(e) The order specifies the number of payments or the period to which the order applies;
(f) The order specifically names this Plan as the plan to which the order applies;
(g) The order does not require this Plan to provide any type of benefits or form of benefits not otherwise provided under this Plan; (h) The order does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined by the Committee to be a Qualified Domestic Relations Order; and (i) if the order requires that payments to the Alternate Payee commence before they commence with respect to the Participant, the order specifies that payments will not commence before the Participant attains or would have attained the earliest allowable retirement age under the Plan.

A Qualified Domestic Relations Order may provide that a former Spouse or Domestic Partner of the Participant is to be treated as a surviving Spouse or Domestic Partner for purposes of the death benefit provisions of this Plan. The following sets forth the procedures under which the Committee shall determine whether a domestic relations order properly qualifies.

The Committee shall not treat any judgment, order or decree as a Qualified Domestic Relations Order, unless it meets all of the requirements set forth above. If the order meets these requirements, the Committee shall follow the terms of the order whether or not this Plan has been joined as a party to the legal proceeding out of which the order arises. Upon receipt of a domestic relations order, the Committee shall notify the Participant and Alternate Payee of (1) its receipt of the order and (2) its need to determine the qualified status of the order in accordance with this section.

The Alternate Payee may designate a representative to receive copies of future notices with respect to the qualified status of the order. To the extent an order calls for benefits to be paid to an Alternate Payee before the order is determined to be qualified, the Alternate Payee’s share of the benefits must be separately accounted for.
39 4888-7598-9807.v2
ARTICLE 9
PUBLIC EMPLOYEES’ PENSION REFORM ACT

9.01 Application and Interpretation. Effective January 1, 2013, this Article 9 takes precedence over any conflicting provision of the Plan. To the extent unchanged by this Article, the remaining provisions of the Plan remain in full force and effect. Article 9 will be interpreted and administered in accordance with the applicable provisions of PEPRA, as amended from time to time.

9.02 Provisions Applicable to All Participants. This Section 9.02 applies to every Participant, regardless of when his or her participation in the Plan begins. (a) No Retroactive Benefit Enhancements. Any enhancement to a Participant’s retirement benefit under the Plan that is adopted on or after January 1, 2013, will apply only to service performed on or after the operative date (as defined in section 7522.44 of the Government Code) of the enhancement, and will not be applied to any service performed before that date. This preceding sentence will not apply to any increase to a Participant’s annual cost-of-living adjustment under the Plan within existing statutory limits. (b) Purchases of Nonqualified Service Credit Prohibited. The purchase of a nonqualified service credit, as defined by section 415(n)(3)(C) of the Internal Revenue Code, is not permitted.
(c) Reinstatement of Retired Participants. Except as provided under Section

9.02(d), if a Participant who is receiving a retirement benefit under the Plan is employed by, or provides services to, the Employer, then the Participant will be subject to reinstatement. For this purpose, “reinstatement” means that the Participant’s benefit payments under the Plan will cease, and the Participant will resume participation in the Plan in accordance with Section 2.04. (d) Exception to Reinstatement. A retired Participant will not be subject to reinstatement under Section 9.02(c) if the following conditions are satisfied:
(1) The Employer’s appointing authority appoints the Participant either during an emergency to prevent stoppage of public business or because he or she has skills needed to perform work of a limited duration.
(2) The appointment does not exceed a total of 960 hours or other equivalent limit in a Plan Year.
(3) The rate of pay for the appointment is neither less than the minimum nor more than the maximum paid by the Employer to other Employees performing comparable duties, divided by 173.333 to equal an hourly rate.
(4) The Participant does not earn any benefit under the Plan during the appointment.
40 4888-7598-9807.v2
(5) Upon accepting the appointment, the Participant certifies in writing that he or she did not, during the 12 months preceding the appointment, receive any unemployment-insurance compensation arising the Participant’s prior employment with the Employer. If the Participant accepts the appointment after receiving that type of compensation, the Employer must terminate the Participant’s employment or service on the last day of the current pay period: and, this Section 9.02(d) will not apply to the Participant for 12 months after the termination date.
(6) The appointment may not begin within the 180-day period after the Participant’s retirement under the Plan, unless one of the following exceptions applies: (i) the Employer certifies the nature of the employment or service and that the appointment is necessary to fill a critically needed position before 180 days has passed, and the City Council of the City of Delano approves the appointment at a public meeting (the appointment may not be placed on a consent calendar), or (ii) the Participant is a public safety officer or firefighter. Neither exception, however, will apply if the Participant accepted a retirement incentive upon retirement.

9.03 Provisions Applicable to Post-2012 Participants. This Section 9.03 applies only to persons who become Participants on or after January 1, 2013. (a) Definition of Compensation. “Compensation” means the normal monthly rate of pay or base pay of the Participant paid by the Employer in cash to similarly situated Employees of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. Deferred amounts will be included in “Compensation” when earned rather than when paid. Effective October 8, 2022, “Compensation” will include longevity pay and bilingual pay for service on and after October 8, 2022. The following amounts are excluded from Compensation:
(1) Any amount that the Committee determines has been paid to increase the Participant’s retirement benefits under the Plan. (2) Any amount that (i) is paid in-kind to the Participant, or was paid directly to a third-party (other than the Plan) for the Participant’s benefit, and (ii) is subsequently converted to and received by the Employee in cash.
(3) Any one-time or ad hoc payments to the Participant. (4) Severance or any other payment that is granted or awarded to the Participant in connection with, or in anticipation of, a separation from employment, but is received by the Participant while employed.
(5) Any payments for unused vacation, annual leave, personal leave, sick leave, or compensatory time off, however denominated. (6) Any payments for additional services rendered outside of normal working hours.
(7) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniforms. 41 4888-7598-9807.v2
(8) Compensation for overtime work, other than as defined in Section 207(k) of Title 29 of the United States Code.
(9) Employer contributions to deferred compensation or defined contribution plans.
(10) Any bonus paid in addition to the amounts described in Section (11) Any other form of compensation that the Committee determines is inconsistent with the requirements of Section 9.03(a).
(12) Any other form of compensation that the Committee determines should not be included in Compensation.
(13) For each calendar year, any amount in excess of the following applicable percentage of the contribution and benefit base specified in section 430(b) of Title 42 of the United States Code on January 1, 2013; (i) 100% for a Participant whose service is included under the old age, survivors, disability and health insurance provisions of the federal Social Security Act; or (ii) 120%, for a Participant whose service is not included under the old age, survivors, disability and health insurance provisions of the federal Social Security Act. The Committee will adjust the annual Compensation limit described in this paragraph after each actuarial valuation of the Plan based on changes to the Consumer Price Index for All Urban Consumers. The adjustment shall be effective annually on the January 1 following the annual valuation.
(b) Participant Contributions.
(1) Each Participant must contribute at least 50% of the normal cost of the Plan in accordance with section 7522.30 of the Government Code. The initial contribution rate will equal at least the greater of (i) 50% of the normal cost rate of the Plan, rounded to the nearest quarter of 1%, or (ii) the current contribution rate of similarly situated Employees. The Employer may not pay any portion of this contribution for any Participant. (2) Once established, the Participant contribution rate will be adjusted to reflect a change in the normal cost rate, but only if the normal cost rate increases by more than 1% of payroll above or below the normal cost rate in effect on the later of: (i) the date the Participant contribution rate is first established, or (ii) the date of the last adjustment to the Participant contribution rate under this paragraph. For purposes of this paragraph, the term “normal cost rate” means the annual actuarially determined normal cost for the Plan expressed as a percentage of payroll.
(3) The Participant contribution rate may be more than 50% of the normal cost rate, but only if the requirements of section 7522.30(e) of the Government Code are satisfied.
(4) To the extent the preceding provisions of this Section 9.03(b) would impair the terms of any contract or memorandum of understanding (MOU) in effect on January 1, 2013, between the Employer and its Employees, those provisions will not apply to the Employees 42 4888-7598-9807.v2
covered by that contract or MOU until the earlier of (i) the contract’s or MOU’s expiration, or (ii) the renewal, amendment, or other extension of the contract or MOU. (c) Service Retirement Benefit.
(1) Each Participant who has (i) completed at least five Years of Service, (ii) reached age 52 (i.e., “Early Retirement Age” for persons who become Participants on or after January 1, 2013), and (iii) filed a written application with the Committee stating when he or she desires to retire, may retire for service and receive a “service retirement benefit.” (2) The service retirement benefit payable to a Participant upon retirement will equal the percentage of the Participant’s Final Average Compensation, as determined in accordance with the following schedule based on the Participant’s age at retirement, taken to the preceding quarter year, multiplied by the Participant’s Years of Service.

Age at Retirement Percentage
52 1.000%
52 ¼ 1.025%
52 ½ 1.050%
52 ¾ 1.075%
53 1.100%
53 ¼ 1.125%
53 ½ 1.150%
53 ¾ 1.175%
54 1.200%
54 ¼ 1.225%
54 ½ 1.250%
54 ¾ 1.275%
55 1.300%
55 ¼ 1.325%
55 ½ 1.350%
55 ¾ 1.375%
56 1.400%
56 ¼ 1.425%
56 ½ 1.450%
56 ¾ 1.475%
57 1.500%
57 ¼ 1.525%
57 ½ 1.550%
57 ¾ 1.575%
58 1.600%
58 ¼ 1.625%
58 ½ 1.650%
58 ¾ 1.675%
59 1.700%
59 ¼ 1.725%
59 ½ 1.750%
43 4888-7598-9807.v2
Age at Retirement Percentage
59 ¾ 1.775%
60 1.800%
60 ¼ 1.825%
60 ½ 1.850%
60 ¾ 1.875%
61 1.900%
61 ¼ 1.925%
61 ½ 1.950%
61 ¾ 1.975%
62 2.000%
62 ¼ 2.025%
62 ½ 2.050%
62 ¾ 2.075%
63 2.100%
63 ¼ 2.125%
63 ½ 2.150%
63 ¾ 2.175%
64 2.200%
64 ¼ 2.225%
64 ½ 2.250%
64 ¾ 2.275%
65 2.300%
65 ¼ 2.325%
65 ½ 2.350%
65 ¾ 2.375%
66 2.400%
66 ¼ 2.425%
66 ½ 2.450%
66 ¾ 2.475%
67 2.500%

9.04 Funding.
(a) In any Plan Year, the Employer’s contribution to the Plan, in combination with Participant contributions to the Plan, may not be less than the normal cost rate, as defined in Section 9.03(b)(2).
(b) The Committee may suspend contributions only when all of the following occur:
(1) The Plan is funded by more than 120%, based on the computation by the Plan’s actuary in accordance with the Governmental Accounting Standards Board requirements that is included in the annual valuation.
(2) The Plan’s actuary determines, based on the annual valuation, that continuing to accrue excess earnings could result in disqualification of the Plan’s tax-exempt status under the Internal Revenue Code.
44 4888-7598-9807.v2
(3) The Committee determines that the receipt of any additional contributions required by this subsection would conflict with its fiduciary responsibility set forth in Section 17 of Article XVI of the California Constitution.

9.05 Felony Convictions. If a Participant who is subject to sections 7522.70, 7522.72 or 7522.74 of the California Government Code is convicted of a felony described in the applicable section or sections, he or she shall forfeit his or her accrued rights and benefits, and will not accrue further benefits, in the Plan to the extent provided in the applicable section or sections. This paragraph will be interpreted and administered in accordance with the requirements of Sections 752270, 7522.72 and 7522.74 of the California Government Code, including, but not limited to, any applicable rules governing return of Participant contributions, notice, and reversal of conviction, which requirements are herein incorporated by this reference. 45 4888-7598-9807.v2
ARTICLE 10

RECIPROCITY

10.01 Purpose. The purpose of these reciprocal provisions is to extend to the members of other public agency retirement systems (hereinafter "reciprocal system") which adopt similar reciprocal provisions into their retirement ordinances or plans pursuant to Sections 20351, 20353, 31840.2 and 45310.5 of the Government Code, and who by contract agree to extend the benefits thereof to the City of Delano’s retirement program (hereinafter referred to as the “system”), the following rights in this system, provided such member enters into employment under this system or the reciprocal system within six months of terminating his employment under such other or this system. These reciprocity provisions are effective September24, 2022:
(a) Notwithstanding any provisions of this plan or a reciprocal system plan in the matter of vesting, a member whose movement between systems occurs as herein specified shall have the right to elect to leave his accumulated contributions on deposit irrespective of the amount of such contributions or the length of service credited to him. (b) The age of entry for a person entering this system for purposes of fixing member contribution rates from a reciprocal system shall be his age at entry into such reciprocal system.
(c) The average monthly salary during any period of service as a member of a reciprocal system shall be considered compensation earnable by a member of this system for purposes of computing final compensation for such member, provided he retires concurrently under both systems and is credited with such period of service under the reciprocal system at the time of retirement.
(d) Service, solely for purposes of meeting minimum service qualifications for benefits and retirement allowances under this system, shall also include service rendered as an officer or employee of a reciprocal system if the salary for such service constitutes compensation earnable by a member of this system.
(e) A member shall be retired for disability and receive a retirement allowance based on the service credited to him at the time of retirement during any period in which he receives a disability retirement allowance under a reciprocal system; provided, that such allowance shall not exceed an amount which when added to the allowance paid under the reciprocal system equals the allowance which would be paid for a non‐industrial disability if all the member's service had been credited under the reciprocal system; and provided further, that such allowance shall in no event be less than an annuity which is the actuarial equivalent of the member's contributions, whether or not the disability is for industrial reasons. (f) The death benefit for a member who dies from non‐industrial causes as a member of a reciprocal system shall not exceed an amount which when added to the death benefit paid for such member under the reciprocal system equals the maximum death benefit payable under that system; provided, however, that such death benefit shall be at least the amount of the accumulated contributions; and, provided further, that if death is caused by industrial injury or 46 4888-7598-9807.v2
disease in the reciprocal system the death benefit shall be the amount of the member's accumulated contributions.
(g) The governing body of this system shall on the request of a reciprocal system supply information and data necessary for administration of such system as it is affected by membership in and service credited under this system.
(h) Interpretation of these provisions shall be made with reference to interpretations that have been made relative to the California Public Employees' Retirement System ‐ 1937 Act County Employees' Retirement reciprocal provisions upon which they are based. (i) These provisions shall apply only to a member whose termination and entry into employment resulting in a change in membership from this system to such other system or from such other system to this system occurred after such acceptance by the board or after the effective date specified in the agreement; provided, however, that provisions relating to computation of final compensation shall apply to any other member if such provision would have applied had the termination and entry into employment occurred after such acceptance or determination by a system's governing board.
(j) Rights under this System shall be modified as necessary to conform to amendments to the Public Employees' Retirement Law or the County Employees' Retirement Law of 1937 as provided in Section 20353, Government Code.
47 4888-7598-9807.v2
IN WITNESS WHEREOF, the Employer has caused this Plan to be executed this ____ day of __________, 2022.

EMPLOYER

CITY OF DELANO
By
Bryan Osorio
Mayor
ATTEST:

By
A-1
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APPENDIX A

PARTICIPANT CONTRIBUTIONS
Participant Group Contribution Rate
Individuals who became
Participants before 2013
Contribution Rate
Individuals who become
Participants on or after
January 1, 2013
Management Employees 9% The greater of (i) 9% or (ii)
the contribution amount
determined under Section

9.03(b) of the Plan
Miscellaneous Employees 6.2% The greater of (i) 6.2% or (ii) the contribution amount
determined under Section

9.03(b) of the Plan
The Employer may pay for all, or a portion of, the contributions required to be paid under this Appendix by individuals who became Participants before 2013 in accordance with memorandums of understanding between the Employer and collective bargaining units or individual employees.

Notwithstanding anything to the contrary, the contribution rates set out in this Appendix A are subject to adjustment in accordance with memorandums of understanding between the Employer and collective bargaining units or individual employees.

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APPENDIX B

REQUIRED MINIMUM DISTRIBUTIONS
B.1 General Rules.
(a) Precedence and Effective Date.

The requirements of this Appendix shall apply to any distribution of a Participant’s interest and will take precedence over any inconsistent provisions of this Plan. Unless otherwise specified, the provisions of this Appendix apply to calendar years beginning after December 31, 2002.
(b) Requirements of Regulations Incorporated.

All distributions required under this Appendix shall be determined and made in accordance with section 401(a)(9) of the Code, including the incidental death benefit requirement in section 401(a)(9)(G) of the Code, and the Treasury regulations thereunder.
(c) TEFRA § 242(b) Elections.

Notwithstanding the other requirements of this Appendix to the contrary, distributions may be made under a designation made before January 1, 1984, in accordance with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act.

B.2 Time and Manner of Distribution.
(a) Required Beginning Data.

The Participant’s entire interest must be distributed, or begin to be distributed, no later than the Participant’s Required Beginning Date.
(b) Death of Participant Before Distributions Begin.

If the Participant dies before distributions begin, the Participant’s entire interest must be distributed, or begin to be distributed, no later than as follows:
(1) Effective January 1, 2020, if the Participant’s surviving Spouse is the Participant’s sole Designated Beneficiary, then, except as provided in Section B.6 of this Appendix, distributions to the surviving Spouse must begin by December 31 of the calendar year immediately following the calendar year in which the Participant died or, if later, by December 31 of the calendar year in which the Participant would have attained (A) age 70½, if the Participant was born before July 1, 1949, or (B) age 72, if the Participant was born after June 30, 1949.

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(2) If the Participant’s surviving Spouse is not the Participant’s sole Designated Beneficiary, then, except as provided in Section B.6 of this Appendix, distributions to the Designated Beneficiary must begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.
(3) If there is no Designated Beneficiary as of September 30 of the year following the year of the Participant’s death, the Participant’s entire interest must be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant’s death. (4) If the Participant’s surviving Spouse is the Participant’s sole Designated Beneficiary and the surviving Spouse dies after the Participant but before distributions to the surviving Spouse are required to begin, this section B.2(b), other than section B.2(b)(1), will apply as if the surviving Spouse were the Participant.

For purposes of this section B.2(b) and section B.5, unless section B.2(b)(4) applies, distributions are considered to begin on the Participant’s Required Beginning Date. If section B.2(b)(4) applies, distributions are considered to begin on the date distributions are required to begin to the surviving Spouse under section B.2(b)(1). If distributions under an annuity meeting the requirements of this Appendix commence to the Participant before the Participant’s Required Beginning Date (or to the Participant’s surviving Spouse before the date distributions are required to begin to the surviving Spouse under section B.2(b)(1)), the date distributions are considered to begin is the date distributions actually commence.
(c) Form of Distribution.

Unless the Participant’s interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the Required Beginning Date, as of the first Distribution Calendar Year distributions must be made in accordance with sections B.3, B.4 and B.5 of this Appendix. If the Participant’s interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder must be made in accordance with the requirements of section 401(a)(9) of the Code and the Treasury regulations. Any part of the Participant’s interest which is in the form of an individual account described in section 414(k) of the Code will be distributed in a manner satisfying the requirements of section 401(e)(8) of the Code and section 1.401(a)(9) of the Treasury regulations that apply to individual accounts.

B.3. Determination of Amount to be Distributed Each Year. (a) General Annuity Requirements.

If the Participant’s interest is to be paid in the form of annuity distributions under the Plan, payments under the annuity must satisfy the following requirements:

B-3
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(1) The annuity distributions must be paid in periodic payments made at uniform intervals not longer than one year;
(2) The distribution period must be over a life (or lives) or over a period certain not longer than the period described in section B.4 or B.5; (3) Once payments have begun over a period, the period must not be changed except as otherwise permitted by the Plan in accordance with Q&A-13 of section 1.401(a)(9)-6 of the Treasury regulations;
(4) Payments will either be non-increasing or increase only as follows:
(A) by an annual percentage increase that does not exceed the annual percentage increase in a cost-of-living index that is based on prices of all items and issued by the Bureau of Labor Statistics; (B) by a constant percentage of less than 5% per year, applied not less frequently than annually;
(C) to the extent of the reduction in the amount of the Participant’s payments to provide for a survivor benefit, but only if there is no longer a survivor benefit because the Beneficiary whose life was being used to determine the distribution period described in section B.4 dies or is no longer the Participant’s Beneficiary pursuant to a qualified domestic relations order;
(D) to provide a final payment upon the Participant’s death not greater than the excess of the actuarial present value of the Participant’s accrued benefit (within the meaning of section 411(a)(7) of the Code) calculated as of the Annuity Starting Date using the Applicable Interest Rate defined in section 5.11(d) of the Plan and the Applicable Mortality Table defined in section 5.11(e) of the Plan (or, if greater, the total amount of employee contributions) over the total of payments before the Participant’s death; (E) to allow a Beneficiary to convert the survivor portion of a joint and survivor annuity into a single sum distribution upon the Participant’s death; or
(F) to pay increased benefits that result from a Plan amendment. (b) Amount Required to be Distributed by Required Beginning Date and Later Payment Intervals.

The amount that must be distributed on or before the Participant’s Required Beginning Date (or, if the Participant dies before distributions begin, the date distributions are required to begin under section B.2(b)(1) or (2)) is the payment that is required for one payment interval. The second payment need not be made B-4
4888-7598-9807.v2
until the end of the next payment interval even if that payment interval ends in the next calendar year. All of the Participant’s benefit accruals as of the last day of the first Distribution Calendar Year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the Participant’s Required Beginning Date.
(c) Additional Accruals After First Distribution Calendar Year.

Any additional benefits accruing to the Participant in a calendar year after the first Distribution Calendar Year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such benefit accrues.

B.4 Requirements For Annuity Distributions That Commence During Participant’s Lifetime. (a) Joint Life Annuities Where the Beneficiary Is Not the Participant’s Spouse.

If the Participant’s interest is being distributed in the form of a joint and survivor annuity for the joint lives of the Participant and a non-Spouse Beneficiary, annuity payments to be made on or after the Participant’s Required Beginning Date to the Designated Beneficiary after the Participant’s death must not at any time exceed the applicable percentage of the annuity payment for such period that would have been payable to the Participant using the table set forth in Q&A2(c)(2) of section 1.401(a)(9)-6 of the Treasury regulations; provided, however, that if the Participant’s Annuity Starting Date precedes the year in which the Participant attains age 70, the Participant’s and non-Spouse Designated Beneficiary’s age difference must be adjusted as set forth in Q&A-2(c)(1) in order to determine the applicable percentage as provided in the table set forth in Q&A2(c)(2). If the form of distribution combines a joint and survivor annuity for the joint lives of the Participant and a non-Spouse Beneficiary and a period certain annuity, the requirement in the preceding sentence will apply to annuity payments to be made to the Designated Beneficiary after the expiration of the period certain. (b) Period Certain Annuities.

Unless the Participant’s Spouse is the sole Designated Beneficiary and the form of distribution is a period certain and no life annuity, the period certain for an annuity distribution commencing during the Participant’s lifetime may not exceed the applicable distribution period for the Participant under the Uniform Lifetime Table set forth in Q&A-2 of section 1.401(a)(9)-9 of the Treasury regulations for the calendar year that contains the Annuity Starting Date. If the Annuity Starting Date precedes the year in which the Participant reaches age 70, the applicable distribution period for the Participant is the distribution period for age 70 under the Uniform Lifetime Table set forth in Q&A-2 of section 1.401 (a)(9)-9 of the Treasury regulations plus the excess of 70 over the age of the Participant as of the Participant’s birthday in the year that contains the Annuity Starting Date. If the Participant’s Spouse is the Participant’s sole Designated Beneficiary and the form B-5
4888-7598-9807.v2
of distribution is a period certain and no life annuity, the period certain may not exceed the longer of the Participant’s applicable distribution period, as determined under this section B.4(b), or the joint life and last survivor expectancy of the Participant and the Participant’s Spouse as determined under the Joint and Last Survivor Table set forth in Q&A-3 of section 1.401(a)(9)-9 of the Treasury regulations using the Participant’s and Spouse’s attained ages as of the Participant’s and Spouse’s birthdays in the calendar year that contains the Annuity Starting Date.

B.5 Requirements For Minimum Distributions After the Participant’s Death. (a) Death After Distributions Begin.

If the Participant dies after distribution of the Participant’s interest begins in the form of an annuity meeting the requirements of this Appendix, the remaining portion of the Participant’s interest will continue to be distributed over the remaining period over which distributions commenced.
(b) Death Before Distributions Begin.
(1) Participant Survived by Designated Beneficiary.

Except as provided in Section B.6, if the Participant dies before the date distribution of the Participant’s interest begins and there is a Designated Beneficiary, the Participant’s entire interest will be distributed, beginning no later than the time described in section 8.2(b)(1) or (2), over the life of the Designated Beneficiary or over a period certain not exceeding:
(A) unless the Annuity Starting Date is before the first Distribution Calendar Year, the Life Expectancy of the Designated Beneficiary determined using the Beneficiary’s age as of the Beneficiary’s birthday in the calendar year immediately following the calendar year of the Participant’s death; or
(B) if the Annuity Starting Date is before the first Distribution Calendar Year, the Life Expectancy of the Designated Beneficiary determined using the Beneficiary’s age as of the Beneficiary’s birthday in the calendar year that contains the Annuity Starting Date.
(2) No Designated Beneficiary.

If the Participant dies before the date distributions begin and there is no Designated Beneficiary as of September 30 of the year following the year of the Participant’s death, distribution of the Participant’s entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant’s death.

B-6
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(3) Death of Surviving Spouse Before Distributions to Surviving Spouse Begin.

If the Participant dies before the date distribution of the Participant’s interest begins, the Participant’s surviving Spouse is the Participant’s sole Designated Beneficiary, and the surviving Spouse dies before distributions to the surviving Spouse begin, this Section B.5 will apply as if the surviving Spouse were the Participant, except that the time by which distributions must begin will be determined without regard to Section B.2(b)(1).

B.6 Election of Five-Year Rule.

Participants and Beneficiaries may elect on an individual basis whether the 5-year rule or the life expectancy rule in Sections B.2(b) and B.5(b) of this Appendix applies to distributions after the death of the Participant who has a Designated Beneficiary. The election must be made no later than the earlier of September 30 of the calendar year in which the distribution would be required to begin under Section B.2(b), or by September 30 of the calendar year which contains the fifth anniversary of the Participant’s (or, if applicable, the surviving Spouse’s) death. If neither the Participant nor the Designated Beneficiary makes an election under this Section, distributions will be made in accordance with Sections B.2(b) and B.5(b) of this Appendix.

B.7 Definitions.

The following words and phrases used in this Appendix B have the following meanings. (a) Designated Beneficiary.
“Designated Beneficiary” means the individual who is designated as the Beneficiary under the Plan and is the designated beneficiary under section 401(a)(9) of the Code and section 1.401(a)(9)-4 of the Treasury Regulations. (b) Distribution Calendar Year.
“Distribution Calendar Year” means a calendar year for which a minimum distribution is required. For distributions beginning before the Participant’s death, the first Distribution Calendar Year is the calendar year immediately preceding the calendar year which contains the Participant’s Required Beginning Date. For distributions beginning after the Participant’s death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to Section B.2(b) of this Appendix B.
(c) Life Expectancy.
“Life Expectancy” means life expectancy as computed by use of the Single Life Table in section 1.401(a)(9)-9 of the Treasury regulations.

B-7
4888-7598-9807.v2
(d) Required Beginning Date.

Effective January 1, 2020, “Required Beginning Date” means April 1 of the calendar year following the later of (i) the calendar year in which a Participant attains (A) age 70½, if the Participant was born before July 1, 1949, or (B) age 72, if the Participant was born after June 30, 1949, or (ii) the calendar year in which a Participant terminates employment with the Employer.
(e) Spouse.
“Spouse” means the person who is legally married to a Participant or a former Participant.
(f) Other Capitalized Terms.

All other capitalized terms used in this Appendix B have the meanings set forth in Article 1, unless the context requires otherwise.
(Attachment B)

AGREEMENT FOR RECIPROCAL BENEFITS

BETWEEN
and the

BOARD OF ADMINISTRATION

CALIFORNIA PUBLIC RETIREMENT SYSTEM
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, hereby agree to extend each to the other reciprocal benefits as provided by Sections 20351, 20353, 31840.2, and 45310.5 of the Government Code, which benefits are more particularly set forth in the memorandum Uniform Reciprocal Provisions attached hereto and incorporated herein.

The parties hereto agree that this agreement shall be in effect on and after the effective date of the Public Agency's plan amendment providing for reciprocal benefits, that date being ______________.

WHEREFORE, the parties have executed this agreement on the date and place hereinafter set forth.

Date:________________
BY ________________________________________
Title _______________________________________
Date:_________________ BOARD OF ADMINISTRATION

PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY________________________________________

MELODY BENAVIDES, CHIEF

PENSION CONTRACTS AND PREFUNDING PROGRAMS

DIVISION

PUBLIC EMPLOYEES' RETIREMENT SYSTEM