CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, September 28, 2022 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630 The Council Chamber will be open to the public.
This meeting will also be available for public viewing and participation through Zoom.
Zoom link: Kerman City Council
Meeting ID: 815 480 4966 Password: 93630
Telephone number: (669) 900-6833
Public comment accepted in person, via Zoom, and by email at: [email protected]
1. OPENING CEREMONIES
A. Welcome - Mayor
B. Call to Order
C. Roll Call
D. Invocation
At this time the Council wishes to provide anyone an opportunity to give a brief invocation or inspirational thought. In accordance with law, we would request this opportunity not be used to recruit converts, to advance anyone, or to disparage any other faith or belief. If no one steps forward, we will observe a moment of silence so that we may all focus our thoughts on how best to serve our community.
E. Pledge of Allegiance
2. AGENDA APPROVAL / ADDITIONS / DELETIONS
To accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.
3. PRESENTATIONS / CEREMONIAL MATTERS
A. John Coyle - Centers for Living
4. REQUEST TO ADDRESS COUNCIL
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.
Speakers shall be limited to three minutes. It is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council on items on the Agenda should notify the Mayor when that Agenda item is called, and the Mayor will recognize your discussion at that time. It should be noted that the Council is prohibited by law from taking any action on matters discussed that are not on the Agenda. Speakers are asked to please use the microphone, and provide their name and address.
1 5. CONSENT AGENDA
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.
A. SUBJECT: Minutes - September 14, 2022
RECOMMENDATION: Council adopt minutes as presented.
B. SUBJECT: Payroll
08/07/22 – 08/20/22: $174,636.23; Retro Pay & Other: $1,064.59; Overtime: $7,228.56; Standby: $1,384.88; Comp Time Earned: 55.13
RECOMMENDATION: Council approve payroll as presented.
C. SUBJECT: Warrants
1. Nos. 24980-25125 $692,098.95 ACH $53,779.90
2. Exceptions. CK #24986 $276.00, CK #25085 $21,342.92
RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
D. SUBJECT: Resolution Approving Ratification of Memorandum of Agreement with Mariposa County for Reimbursement of Mutual Aid Expenses for the Oak Fire (JAJ) RECOMMENDATION: Council by motion adopt resolution ratifying the Memorandum of Agreement with Mariposa County for reimbursement of Mutual Aid expenses for the Oak Fire.
E. SUBJECT: Adopting Amendments to the Conflict of Interest Code (MR) RECOMMENDATION: Council by motion amend the Conflict of Interest Code and accept the 2022 Local Agency Biennial Notice.
F. SUBJECT: Agreement Between the City and Yamabe and Horn Engineering Inc. for City Engineering Services (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving agreement between the City and Yamabe and Horn Engineering Inc., for City Engineering Services. 2 6. PUBLIC HEARINGS
These hearings are scheduled at the time stated and will be heard by the Council as close to the time stated as possible.
A. SUBJECT: Continued Public Hearing and Adoption of Resolution Authorizing the Submission of an Application for Community Development Block Grant funds for Fiscal Year 2023-2024 for the Plaza Veterans Park Restroom (JJ)
RECOMMENDATION: Council continue Public Hearing and adopt resolution authorizing the submission of an application for Community Development Block Grant funds for Fiscal Year 2023-2024 for the Plaza Veterans Park Restroom Building.
7. DEPARTMENT REPORTS
A. SUBJECT: Presentation of Draft Community Safety Center (Police Station) Needs Assessment Study (JAJ)
RECOMMENDATION: City Council receive presentation on final draft Needs Assessment Study for new Community Safety Center (Police Station) and provide direction to staff.
8. CITY MANAGER / STAFF COMMUNICATIONS
9. MAYOR / COUNCIL REPORTS
10. CLOSED SESSION
None
11. ADJOURNMENT
Agenda packet is available for review 72 hours prior to the meeting at the city clerk’s office and on the city website. Items received at the meeting will be available for review at the city clerk’s office.
In compliance with the American with Disabilities Act (ADA), if you need special assistance to participate at this meeting, please contact the City Clerk at (559) 846-9380. Notification of 48 hours prior to the meeting will enable the City Clerk to make reasonable arrangement to ensure accessibility to this meeting. Pursuant to the ADA, the meeting room is accessible to the physically handicapped.
AGENDA POSTING CERTIFICATION
I, Marci Reyes, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that I caused the above agenda to be posted at City of Kerman Council Chambers at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.org.
Date: September 23, 2022 /s/ Marci Reyes, City Clerk
3 CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, September 14, 2022 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630
1. OPENING CEREMONIES
A. Welcome - Mayor
B. Call to Order
6:04 p.m.
C. Roll Call
PRESENT: Mayor Gary Yep, Council Member Jennifer Coleman, Council Member Kevin Nehring
ABSENT: Council Member Bill Nijjer, Council Member Ismael Herrera D. Invocation - City Clerk.
E. Pledge of Allegiance - Performed.
2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Approved with recess at 6:25 p.m. for Closed Session
Motion made by Council Member Nehring, Seconded by Council Member Coleman.
Voting Yea: Mayor Yep
3. PRESENTATIONS/CEREMONIAL MATTERS
A. Cal Ripken Presentation to City Council – Presented.
B. National Hispanic Heritage Month Presented.
C. National Senior Center Month Proclamation – Presented.
D. Introduction of new Community Development Department staff. Mabel Martinez - Administrative Coordinator & Manuel Campos - Assistant Planner - Presented.
4. REQUEST TO ADDRESS COUNCIL
None.
5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote.
Motion made by Council Member Nehring, Seconded by Council Member Coleman. 4 Section 5, Item A.
Voting Yea: Mayor Yep
A. SUBJECT:
Minutes - August 24, 2022
RECOMMENDATION:
Council adopt minutes as presented.
B. SUBJECT: Payroll
07/24/22 – 08/06/22: $199,366.41; Retro Pay & Other: $4,492.42; Overtime: $9,848.96; Standby: $1,513.77; Comp Time Earned: 11.25
RECOMMENDATION: Council approve payroll as presented.
C. SUBJECT: Warrants
1. Nos. 24862-24979 $744,876.37 ACH $81,996.19
2. Exceptions CK #24874 $151.00, CK #24920 $191.50
RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
D. SUBJECT: Monthly Investment Report Ending August 31, 2022 RECOMMENDATION: Council accept monthly investment report as presented.
E. SUBJECT: Remote City Council Meetings Under New Brown Act Requirements (AB 361) RECOMMENDATION: Council by motion adopt resolution reauthorizing remote teleconference public meetings by the City Council and all boards, commissions, and standing committees of the City in accordance with Assembly Bill 361. Res 22-69
6. PUBLIC HEARINGS
A. SUBJECT: Council conduct a Public Hearing and adopt resolution authorizing the submission of an application for Community Development Block Grant funds for Fiscal Year 2023-2024 for the Plaza Veterans Park Restroom
RECOMMENDATION: Council conduct Public Hearing and adopt resolution authorizing the submission of an application for Community Development Block Grant funds for Fiscal Year 2023-2024 for the Plaza Veterans Park Restroom Building.
Public Hearing Continued to September 28, 2022, Meeting due to technical difficulties.
Motion made by Council Member Nehring, Seconded by Council Member Coleman.
Voting Yea: Mayor Yep
5 Section 5, Item A.
7. DEPARTMENT REPORTS
A. SUBJECT: Presentation of Draft Community Safety Center (Police Station) Needs Assessment Study
RECOMMENDATION: City Council receive presentation on final draft Needs Assessment Study for new Community Safety Center (Police Station) and provide direction to staff.
Presentation moved to September 28, 2022, meeting due to technical difficulties.
Motion made by Council Member Nehring, Seconded by Council Member Coleman.
Voting Yea: Mayor Yep
8. CITY MANAGER/STAFF COMMUNICATIONS
9. MAYOR/COUNCIL REPORTS
10. CLOSED SESSION
A. Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 549556.9
Name of Case: City of Kerman v. The Dow Chemical Company; Shell Oil Company, also doing business as Shell Chemical Company; Occidental Chemical Corporation; FMC Corporation; Puregro Company; Wilbur-Ellis Company; J.R. Simplot Company; Nutrien Ag Solutions, Inc., formerly known as CROP PRODUCTION SERVICES, INC.; and DOES 1 through 300, INCLUSIVE.
Councilmember Nijjer was present during closed session. No reportable action.
11. ADJOURNMENT
7:48 p.m.
MINUTES CERTIFICATION
I, MARCI REYES, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that the above Minutes are a true depiction of all actions taken at the City Council meeting held on the first date above written at Kerman City Hall, 850 S. Madera Ave, Kerman, CA. /s/ Marci Reyes, City Clerk.
6 Section 5, Item A.
CITY OF KERMAN
PAYROLL REPORT
RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED
ADMINISTRATION
Alvarez, Josefina $ 3,572.18 $ - - $ - - $ - - $ - $ 3,572.18 - Camacho, Josie $ 1,714.24 $ - - $ - - $ - - $ - $ 1,714.24 - Cheema, Akayla $ 2,356.62 $ 237.73 4.00 $ 180.28 - $ - - $ - $ 2,774.63 - Gonzalez, Diana $ 3,553.84 $ - - $ - - $ - - $ - $ 3,553.84 - Jansons, John $ 6,678.60 $ 826.86 - $ - - $ - - $ - $ 7,505.46 - Linares, Vanessa $ 1,494.15 $ - - $ - - $ - - $ - $ 1,494.15 - Lopez, Jacqueline $ 2,113.26 $ - - $ - - $ - - $ - $ 2,113.26 - Mendoza Hernandez, Ariana $ 1,751.23 $ - - $ - - $ - - $ - $ 1,751.23 - Mendoza, Gabriela $ 1,925.46 $ - - $ - - $ - - $ - $ 1,925.46 - Reyes, Marcia $ 3,669.51 $ - - $ - - $ - - $ - $ 3,669.51 - Sandoval, Veronica $ 1,494.15 $ - - $ - - $ - - $ - $ 1,494.15 - TOTAL $ 30,323.25 $1,064.59 4.00 $ 180.28 - $ - - $ - $ 31,568.12 -
REC/SOCIAL
Acosta, Marco $ 136.00 $ - - $ - - $ - - $ - $ 136.00 - Acosta-Parra, Melany $ 75.00 $ - - $ - - $ - - $ - $ 75.00 - Brar, Manreet $ 75.00 $ - - $ - - $ - - $ - $ 75.00 -
Burdine-Slaven, Jeanna $ 2,248.62 $ - - $ - - $ - - $ - $ 2,248.62 8.25 Escamilla, Paloma $ 75.00 $ - - $ - - $ - - $ - $ 75.00 - Espindola, Martin $ 7.50 $ - - $ - - $ - - $ - $ 7.50 - Flores, Haley $ 1,678.15 $ - - $ - - $ - - $ - $ 1,678.15 8.25 Garcia, Anthony $ 1,370.31 $ - - $ - - $ - - $ - $ 1,370.31 - Hurlbert, Ronald $ 536.25 $ - - $ - - $ - - $ - $ 536.25 - Jauriqui, Jose $ 576.00 $ - - $ - - $ - - $ - $ 576.00 - Johnson, Theresa $ 3,186.62 $ - - $ - - $ - - $ - $ 3,186.62 - Lua, Joshua $ 8.13 $ - - $ - - $ - - $ - $ 8.13 -
Lua, Miguelangel $ 102.38 $ - - $ - - $ - - $ - $ 102.38 - Lujan, Vanessa $ 314.50 $ - - $ - - $ - - $ - $ 314.50 - Martinez, Aylah $ 585.00 $ - - $ - - $ - - $ - $ 585.00 - Negrete, Dean $ 604.43 $ - - $ - - $ - - $ - $ 604.43 - Neuwirth, Steven $ 102.38 $ - - $ - - $ - - $ - $ 102.38 - Ruiz, Rosalba $ 576.00 $ - - $ - - $ - - $ - $ 576.00 - Salvador, Mark $ 2,922.72 $ - - $ - - $ - - $ - $ 2,922.72 - Sidhu, Nirmal $ 2,054.77 $ - - $ - - $ - - $ - $ 2,054.77 - Silva, Jessica $ 457.50 $ - - $ - - $ - - $ - $ 457.50 - Villarreal, Arlene $ 2,182.15 $ - - $ - - $ - - $ - $ 2,182.15 - TOTAL $ 19,874.39 $ - $ - $ - $ - $ - $ - $ - $ 19,874.39 16.50 POLICE
Antuna, Miguel $ 2,714.12 $ - 10.50 $ 508.90 - $ - - $ - $ 3,223.02 - Arciga, Jose $ 2,358.91 $ - - $ - - $ - - $ - $ 2,358.91 - Barbosa, Isaias $ 2,839.65 $ - 12.00 $ 603.14 - $ - 7.50 $ 62.83 $ 3,505.61 - Barcoma, Wilbert $ 4,068.65 $ - - $ - - $ - - $ - $ 4,068.65 - Barra, Brenden $ 2,031.42 $ - - $ - - $ - - $ - $ 2,031.42 - Belding, Jeff $ 3,578.45 $ - - $ - - $ - - $ - $ 3,578.45 2.25 Castro, Jaclynn $ 2,031.42 $ - 22.00 $ 773.51 - $ - - $ - $ 2,804.93 - Chapman, Tom $ 3,435.42 $ - 5.00 $ 301.15 - $ - - $ - $ 3,736.58 - Clark, Patrick $ 2,214.50 $ - 23.50 $ 929.30 - $ - - $ - $ 3,143.80 - Coronado, Krystal $ 1,922.11 $ - 1.50 $ 51.49 - $ - - $ - $ 1,973.60 - Corrales, Edith $ 1,400.00 $ - 6.50 $ 170.63 - $ - - $ - $ 1,570.63 - Cubillos, Theresa $ 2,764.38 $ - - $ - - $ - - $ - $ 2,764.38 25.50 Davis, Jeff $ 3,636.09 $ - - $ - - $ - - $ - $ 3,636.09 - Gallegos, Eric $ 2,418.52 $ - 2.00 $ 85.48 - $ - - $ - $ 2,504.00 - Golden, John $ 5,004.95 $ - - $ - - $ - - $ - $ 5,004.95 - Gutierrez, Gloria $ 2,135.40 $ - 6.50 $ 257.20 - $ - - $ - $ 2,392.60 - Inthasone, Bryant $ 1,875.23 $ - - $ - - $ - - $ - $ 1,875.23 - Leonard, Thomas $ 1,875.23 $ - 9.21 $ 267.00 - $ - - $ - $ 2,142.23 - Levandusky, James $ 2,342.13 $ - - $ - - $ - - $ - $ 2,342.13 - Lopez, Matt $ 892.50 $ - - $ - - $ - - $ - $ 892.50 -
Lozano, Daniel $ 1,503.36 $ - 15.00 $ 451.01 - $ - - $ - $ 1,954.36 - PAY PERIOD: August 07, 2022 - August 20, 2022
OVERTIME HOLIDAY at 1/2 TIME STANDBY
Section 5, Item B.
CITY OF KERMAN
PAYROLL REPORT
RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED PAY PERIOD: August 07, 2022 - August 20, 2022
OVERTIME HOLIDAY at 1/2 TIME STANDBY
Lozano, Patricia $ 1,257.23 $ - 4.50 $ 106.08 - $ - - $ - $ 1,363.31 3.00 Mendoza, Sandra $ 3,003.00 $ - 10.00 $ 531.79 - $ - - $ - $ 3,534.78 - Molina, Jesus $ 2,305.19 $ - 4.00 $ 162.87 - $ - - $ - $ 2,468.06 - Quintanilla, Rodolfo $ 1,984.61 $ - 6.50 $ 223.10 - $ - 8.00 $ 45.76 $ 2,253.48 - Rodrigues, Mary $ 2,257.69 $ - - $ - - $ - - $ - $ 2,257.69 1.50 Ruiz, Jose $ 1,937.73 $ - 0.50 $ 16.74 - $ - 3.25 $ 18.14 $ 1,972.61 - Schmidt, Lee $ 2,031.42 $ - - $ - - $ - - $ - $ 2,031.42 - Seroka, Dylan $ 2,776.62 $ - - $ - - $ - - $ - $ 2,776.62 - Torres, Karina $ 1,448.99 $ - - $ - - $ - - $ - $ 1,448.99 - TOTAL: $ 72,044.94 $ - 139.21 $5,439.38 - $ - 18.75 $ 126.73 $ 77,611.04 32.25
PUBLIC WORKS
Arrellano, Antonio $ 1,715.69 $ - - $ - - $ - - $ - $ 1,715.69 - Barajas, Michael $ 3,412.78 $ - - $ - - $ - - $ - $ 3,412.78 - Camacho, Armando $ 1,636.31 $ - - $ - - $ - - $ - $ 1,636.31 - Castro, Joseph $ 2,818.52 $ - - $ - - $ - - $ - $ 2,818.52 - Cervantes, Pedro $ 1,370.31 $ - - $ - - $ - - $ - $ 1,370.31 - Garcia, Destiny $ 1,715.23 $ - - $ - - $ - - $ - $ 1,715.23 - Garcia, Guadalupe $ 946.29 $ - - $ - - $ - - $ - $ 946.29 - Gastelum, Humberto $ 2,922.72 $ - - $ - - $ - - $ - $ 2,922.72 - Guizar, Jesus $ 1,304.80 $ - - $ - - $ - - $ - $ 1,304.80 - Gutierrez Olivarez, Norberto $ 1,370.31 $ - 28.00 $ 787.93 - $ - 32.00 $ 548.12 $ 2,706.36 - Hernandez, Julian $ 1,715.69 $ - - $ - - $ - - $ - $ 1,715.69 - Isaak, Denise $ 2,182.15 $ - - $ - - $ - - $ - $ 2,182.15 - Jimenez, Gabriela $ 1,489.08 $ - - $ - - $ - - $ - $ 1,489.08 - Kaur, Harmeen $ 1,681.17 $ - - $ - - $ - - $ - $ 1,681.17 3.38 Lopez, Josue $ 1,489.08 $ - - $ - - $ - - $ - $ 1,489.08 - Morales, Andres $ 1,636.31 $ - - $ - - $ - - $ - $ 1,636.31 - Ortiz, Carlos $ 1,825.08 $ - 22.50 $ 820.97 - $ - 32.00 $ 710.03 $ 3,356.08 - Perez, Ruben Lopez $ 1,665.69 $ - - $ - - $ - - $ - $ 1,665.69 - Ramirez, Manuel $ 2,516.00 $ - - $ - - $ - - $ - $ 2,516.00 - Rivera, Coty $ 2,057.54 $ - - $ - - $ - - $ - $ 2,057.54 - Sanchez, Ana $ 1,139.79 $ - - $ - - $ - - $ - $ 1,139.79 - Sanchez, Daniel $ 2,507.48 $ - - $ - - $ - - $ - $ 2,507.48 3.00 Soto, Samuel $ 1,757.34 $ - - $ - - $ - - $ - $ 1,757.34 - Tinoco, Alfonso $ 2,210.46 $ - - $ - - $ - - $ - $ 2,210.46 - TOTAL $ 45,085.81 $ - 50.50 $1,608.90 - $ - 64.00 $ 1,258.15 $ 47,952.87 6.38
PLANNING
Campos, Manuel $ 1,200.00 $ - - $ - - $ - - $ - $ 1,200.00 - Martinez, Mabel $ 1,889.69 $ - - $ - - $ - - $ - $ 1,889.69 - Orozco, Jesus $ 3,593.15 $ - - $ - - $ - - $ - $ 3,593.15 - TOTAL $ 6,682.85 $ - $ - $ - $ - $ - $ - $ - $ 6,682.85 $ -
PLANNING COUNCIL
Bandy, R $ - Yep, G $ 125.00
Molloy, Cory $ - Herrera, I $ 125.00
Jones, C $ - Nijjer, B $ 125.00
Nunez, M $ - Coleman, J $ 125.00
Felker, R $ - Nehring, K $ 125.00
Bishop, S $ -
Villar, Victor $ -
Total $ - Total $ 625.00
GRAND TOTAL: $174,636.23 $1,064.59 193.71 $7,228.56 - $0.00 82.75 $1,384.88 $ 184,314.26 55.13
Section 5, Item B.
Accounts Payable
User:
Printed:
Gmendoza
9/23/2022 8:35 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 09/09/2022
090922 C PR TAX DEPOSIT- 09/09/22 SIT PAYABLE= PIT AMOUNT 4,279.11 090922 C PR TAX DEPOSIT- 09/09/22 SDI PAYABLE= SDI AMOUNT 1,978.93 Total for this ACH Check for Vendor 10147: 6,258.04
ACH 10517 FEDERAL TAXES PAYROLL 09/09/2022
090922 C PAYROLL TAX DEPOSIT- 09/09/22- FICA PAYABLE = SOCIAL SECURITY 23,931.24 090922 C PAYROLL TAX DEPOSIT- 09/09/22- FIT PAYABLE = TAX WITHHOLDING 14,211.08 090922 C PAYROLL TAX DEPOSIT- 09/09/22- FICA MED PAYABLE - MEDICARE 5,596.64 Total for this ACH Check for Vendor 10517: 43,738.96
ACH 10518 KERMAN POLICE OFFICERS ASSN 09/09/2022
090922 C MEMBERSHIP DUES 09/09/22 775.50
Total for this ACH Check for Vendor 10518: 775.50
ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN09/09/2022
090922 C MEMBERSHIP DUES 09/09/22 165.00
Total for this ACH Check for Vendor 10519: 165.00
ACH 10520 ICMA-RC 09/09/2022
090922 C DEFERRED COMP 09/09/22 2,842.40
Total for this ACH Check for Vendor 10520: 2,842.40
Total for 9/9/2022: 53,779.90
Report Total (5 checks): 53,779.90
AP Checks by Date - Detail by Check Date (9/23/2022 8:35 AM) Page 1 9 Section 5, Item C.
Accounts Payable
User:
Printed:
Gmendoza
9/23/2022 8:37 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
24980 11493 24 / 7 PET VETS 09/09/2022
65734 AC- EMERGENCY EXAM FOR CANINE EUTH CASE 22-3105 144.00 66086 AC- EMERGENCY EXAM FOR KITTENS EUTH 194.40
Total for Check Number 24980: 338.40
24981 11355 BADGER METER 09/09/2022
80105468 FIN- BEACON HOSTING SERV UNIT AUGUST 2022 92.93 80105468 FIN- BEACON HOSTING SERV UNIT AUGUST 2022 92.92 Total for Check Number 24981: 185.85
24982 10617 C A REDING CO INC 09/09/2022
642147 ADM- LANIER/IM C8000-CONTRACT # 19215-01- AUGUST 33.99 642147 ADM- LANIER/IM C8000-CONTRACT # 19215-01- AUGUST 18.13 642147 ADM- LANIER/IM C8000-CONTRACT # 19215-01- AUGUST 56.64 642147 ADM- LANIER/IM C8000-CONTRACT # 19215-01- AUGUST 4.53 642147 ADM- LANIER/IM C8000-CONTRACT # 19215-01- AUGUST 56.64 642147 ADM- LANIER/IM C8000-CONTRACT # 19215-01- AUGUST 56.64 Total for Check Number 24982: 226.57
24983 11215 CALIFORNIA INDUSTRIAL RUBBER COMPANY 09/09/2022 F-075722 SWR- 1/8" BLACK NEOPREHENE FOR SEWER VALVE REPAIR 35.21 Total for Check Number 24983: 35.21
24984 12126 CENTRAL SANITARY SUPPLY 09/09/2022
1266053 CS- SWITCH TRIGGER 16.35
1267519 CS- WINDSOR CLIPPER 8.17
Total for Check Number 24984: 24.52
24985 10102 CODE PUBLISHING COMPANY 09/09/2022
GC0008383 CLRK- WEB UPDATE 146.50
Total for Check Number 24985: 146.50
24986 10109 COUNTY OF FRESNO 09/09/2022
090122 PD- JULY PARKING ACTIVITY 276.00
Total for Check Number 24986: 276.00
24987 10715 DC HEATING AND COOLING 09/09/2022
1541 CS-HVAC REPAIR- CITY HALL SERVER ROOM 235.00
Total for Check Number 24987: 235.00
24988 11832 EPIC BUSINESS ESSENTIALS LLC 09/09/2022
SI00460891 ADM- OFFICE DEPOT 22.92
AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 1 10 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 24988: 22.92
24989 11539 ERLEWINE MECHANICAL 09/09/2022
6850 BLDG- REPAIR ICE MACHINE- CITY SHOP 510.04
Total for Check Number 24989: 510.04
24990 11398 FASTSIGNS 09/09/2022
FRES-94210 WTR- CONSERVE WATER SIGNS 1,580.15
FRES-94689 CS- KPD DOOR DECAL 42.41
FRES-94689 CS- CTC DOOR DECAL 86.46
Total for Check Number 24990: 1,709.02
24991 10157 FERGUSON ENTERPRISES INC 09/09/2022
1738114 WTR- WATER HAND PUMP 109.77
Total for Check Number 24991: 109.77
24992 12280 FIDELITY SECURITY LIFE INSURANCE CO09/09/2022 165322557 HR- JULY VISION PREMIUM 687.81
165322558 HR- JULY COBRA VISION PREMIUM 12.87
165364103 HR- AUGUST VISION PREMIUM 787.21
165364106 HR- AUGUST COBRA VISION PREMIUM 12.87
165405338 HR- SEPTEMBER VISION PREMIUM 750.31
165405343 HR- SEPTEMBER COBRA VISION PREMIUM 12.87
Total for Check Number 24992: 2,263.94
24993 10183 GRAFIX SHOPPE 09/09/2022
146499 PD REP- LETTER DECALS FOR 2016 BLK & WHITE FORD EXPLORERS 272.47 Total for Check Number 24993: 272.47
24994 10185 GRAINGER 09/09/2022
9417735306 CS- BALLASTS- CTC RESTROOM 61.80
942007925 CS- HOSE THREAD FOR FAUCET 12.10
9426065398 CS- LANDSCAPE RAKE- PARK MAINTENANCE 104.23
Total for Check Number 24994: 178.13
24995 11154 HEDRON ARCHITECTURE 09/09/2022
1603-34 CS- DOG RUN DESIGN/COORD/CONST- ANIMAL SHELTER 2,211.48 Total for Check Number 24995: 2,211.48
24996 11096 LOZANO SMITH LLP 09/09/2022
2168772 ADM- ADMIN-HR PERSONNEL MATTER 07/2022 3,857.00 Total for Check Number 24996: 3,857.00
24997 10266 MOORE TWINING ASSOCIATES INC 09/09/2022
2375755 WTR- HEX CHROM TESTING 300.00
Total for Check Number 24997: 300.00
24998 10269 MOUNTAIN VALLEY PEST CONTROL 09/09/2022
090222 CS- PEST CONTROL SPRAY- KERCKHOFF PK BOOTHS FOR HARVEST FESTIVAL 150.00 Total for Check Number 24998: 150.00
24999 10282 OFFICE DEPOT 09/09/2022
AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 2 11 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
262461068001 WTR- OFFICE SUPPLIES 18.83
262461068001 SW- OFFICE SUPPLIES 94.13
262461068001 SW- OFFICE SUPPLIES 240.55
262461068001 SWR- OFFICE SUPPLIES 177.80
Total for Check Number 24999: 531.31
25000 10289 P.G.& E. 09/09/2022
2881141119-9 CS- CNG VEHICLES FUEL- AUG 2022 766.48
5741309690-0 PARKS- MONTHLY SERVICE- 07/15/22/-08/15/22- AUG 384.92 8542225974-8 PD 5%- SOLAR CONNECTION FEE 07/25-08/23- AUGUST 15.31 8542225974-8 PLAN REC 1%- SOLAR CONNECTION FEE 07/25-08/23- AUGUST 3.06 8542225974-8 SC 2%- SOLAR CONNECTION FEE 07/25-08/23- AUGUST 6.12 8542225974-8 CTC 7%- SOLAR CONNECTION FEE 07/25-08/23- AUGUST 21.43 8542225974-8 WTR 71%- SOLAR CONNECTION FEE 07/25-08/23- AUGUST 217.36 8542225974-8 REC 6%- SOLAR CONNECTION FEE 07/25-08/23- AUGUST 18.37 8542225974-8 VE 3%- SOLAR CONNECTION FEE 07/25-08/23- AUGUST 9.18 8542225974-8 CITY HALL 3%- SOLAR CONNECTION FEE 07/25-08/23- AUGUST 9.19 8542225974-8 SWR 1%- SOLAR CONNECTION FEE 07/25-08/23- AUGUST 3.06 8542225974-8 PARKS 1%- SOLAR CONNECTION FEE 07/25-08/23- AUGUST 3.06 9081203718-3 CS- KATEYS PARK- AUG 2022 109.84
Total for Check Number 25000: 1,567.38
25001 12082 PERFORMANCE AUTOMATION CO INC 09/09/2022
1976 SWR- BATTERY FOR PLC 56.99
1976 WTR- BATTERY FOR PLC 56.99
1985 SWR- TROUBLESHOOT SCREWPRESS 960.00
1986 WTR- LABOR TO REPLACE SWITCH CONTRACT SERVICES 480.00 1986 SWR- LABOR TO REPLACE SWITCH CONTRACT SERVICES 480.00 1987 WTR- ETHERNET SWITCH 376.73
1987 WTR- ETHERNET SWITCH 376.74
Total for Check Number 25001: 2,787.45
25002 10307 POSTAL ANNEX 09/09/2022
090122 PD- POSTAGE TO SEND BADGE 48 TO BE REFURBISHED 15.46 Total for Check Number 25002: 15.46
25003 10327 SAFETY KLEEN SYSTEMS INC 09/09/2022
89570501 VE- P/U USED OIL/ANTIFREEZE NEW DRUM 705.80
Total for Check Number 25003: 705.80
25004 10331 SEBASTIAN 09/09/2022
INV-3736 ADM- SHARED APPRAISAL EXPENSE W SEBASTIAN 2,400.00 Total for Check Number 25004: 2,400.00
25005 11428 SHI INTERNATIONAL CORP 09/09/2022
B15741082 FIN- DELL LED MONITOR 17"- PLANNING/BLDG LOBBY 156.48 B15752036 FIN- 2 HP PRODESK 400 COMPUTER- PLB/BLDG CONF ROOM 1,678.22 Total for Check Number 25005: 1,834.70
25006 10337 SLUMBERGER LUMBER 09/09/2022
ACCT 3305 SWR- RETURN SAWCHAIN -54.46
ACCT 3305 SWR- SAWCHAIN GLOVES 67.53
ACCT 3305 SWR- SUPPLIES FOR MAINTENANCE OF PLANT 20.46
ACCT 3305 SWR- SUPPLIES FOR MAINTENANCE OF PLANT 127.76 AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 3 12 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 25006: 161.29
25007 12281 SAMUEL SOTO 09/09/2022
090822 WTR- MEALS PER DIEM 09/14/, 15 & 16 2022- SAM SOTO WQI- CLASS 114.00 Total for Check Number 25007: 114.00
25008 10357 TAYLOR MADE IRRIGATION 09/09/2022
25098 PARKS- IRRIGATION SUPPLIES 52.13
Total for Check Number 25008: 52.13
25009 10754 THE HOME DEPOT PRO-SUPPLY WORKS09/09/2022
702009804 CS- FAN BLOWER 128.49
702321316 CS- BATTERY CHARGER 106.90
703462069 CS- PAPER TOWEL DISPENSER 78.46
Total for Check Number 25009: 313.85
25010 10371 TJ LAW & ASSOCIATES INVESTIGATIONS09/09/2022 22-263 PD- 3 BACKGROUND INVESTIGATIONS- F.VASQUEZ B.VELEZ S.AMEZUITA 2,100.00 Total for Check Number 25010: 2,100.00
25011 10377 US POST OFFICE 09/09/2022
090622 VAR- ADVANCE PMNT/UB PERMIT 2 895.52
090622 VAR- ADVANCE PMNT/UB PERMIT 2 2,611.94
090622 VAR- ADVANCE PMNT/UB PERMIT 2 1,368.16
090622 VAR- ADVANCE PMNT/UB PERMIT 2 124.38
Total for Check Number 25011: 5,000.00
25012 10387 USA BLUE BOOK 09/09/2022
082443 WTR- STENNER PERISTALTIC PUMP 723.21
Total for Check Number 25012: 723.21
25013 12057 WLC ARCHITECTS 09/09/2022
002106000009 ADM- PROFESSIONAL SERVICES AUGUST 2022- PROJECT #W2106000AR 25,062.00 Total for Check Number 25013: 25,062.00
Total for 9/9/2022: 56,421.40
25014 10014 ADMINISTRATIVE SOLUTIONS INC 09/14/2022
080122 HR- AUGUST EMPLOYER FLEX PLAN 11,500.00
A1026124 HR- AUGUST BLUE SHIELD PLAN ADMIN 900.00
A1026124 HR- AUGUST 125 PLAN ADMIN 150.00
A1026124A HR- JULY SEC 125 EMPLOYEE CONT 2,969.96
Total for Check Number 25014: 15,519.96
25015 11525 ADOLPHS A-1 TREE SERVICE 09/14/2022
1392-2022 PARKS- 2 TREES TRIMMED- LIONS PARK 750.00
Total for Check Number 25015: 750.00
25016 11387 LUISA AGUIRRE 09/14/2022
090722 REC- INSTRUCTOR FEE-ZUMBA AUGUST 2022 399.00
AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 4 13 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 25016: 399.00
25017 12257 AMERITAS LIFE INSURANCE CORP 09/14/2022
083022 HR- CLAIMS FUNDING ENDING 08/27/22 848.00
Total for Check Number 25017: 848.00
25018 10040 AT&T MOBILITY 09/14/2022
287286967034 PD- AUG MDT WIRELESS SERVICE 505.55
287287185708 PD- SRO CELL PHONES/MDT 136.76
287287978139 AC- AUG CELLULAR SERVICE 44.82
287287978139 PD- AUG CELLULAR SERVICE 445.41
287288087181 PD- ACT CELL PHONE IPAD SERVICE 108.32
287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 IPHONE FOR SAM 33.47 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 153.80 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 IPHONE FOR SAM 33.48 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 109.70 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 87.84 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 47.87 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 45.87 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 12.39 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 153.80 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 70.47 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 12.39 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 8.23 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 109.70 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 12.39 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 77.31 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 21.93 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 TABLETS FOOD 80.48 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 22.26 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 12.39 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 22.26 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 44.52 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 135.91 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 5.49 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 164.21 287293504071X09 VAR- MONTHLY CELLULAR SERVICE- 08/01/22-08/31/22 44.52 Total for Check Number 25018: 2,763.54
25019 12075 RHONDA BREWER 09/14/2022
090722 REC- INSTRUCTOR FEE HIIT FITNESS- AUGUST 395.50
Total for Check Number 25019: 395.50
25020 12162 BRIGHTVIEW LANDSCAPE SERVICES INC09/14/2022 23491551 TREE TRMG- 90 PALMS TRIMMED KEARNEY BLVD 19,000.00 Total for Check Number 25020: 19,000.00
25021 10617 C A REDING CO INC 09/14/2022
643253 WTR 50%- LANIER MPC4504 COPIES #17374-01 0731-0830 2022 SEPT 55.48 643253 SWR 50%- LANIER MPC4504 COPIES #17374-01 0731-0830 2022 SEPT 55.48 643662 BPO- LANIER/MP C3503 COPIES #16184-01 0830/0902 2022- AUGUST 28.67 643662 BPO- LANIER/MP C3503 COPIES #16184-01 0830/0902 2022- AUGUST 28.67 643663 CS- SC- LANIER MPC4504- AUG 2022 36.42
Total for Check Number 25021: 204.72
AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 5 14 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
25022 10078 CALIFORNIA STATE DISBURSEMENT 09/14/2022
200000001759283 C WITHHOLDING ORDER P/R DATE 09/09/22 305.07 Total for Check Number 25022: 305.07
25023 10079 CAMCO 09/14/2022
109393 PARKS- HOSE FOR WEED SPRAYING 14.47
109393 VE REP- TUBING FOR WATER TRUCK 23.87
Total for Check Number 25023: 38.34
25024 12126 CENTRAL SANITARY SUPPLY 09/14/2022
1272466 CS- LIQUID CLEANER (3 OF 4) CTC 133.58
1273166 CS- TRASH LINERS 246.78
Total for Check Number 25024: 380.36
25025 10452 CITY OF FRESNO WMD 09/14/2022
COK2208207 SWR- WEEKLY LAB ANALYSIS 14.00
COK2208207 SWR- WEEKLY LAB ANALYSIS 48.00
COK2208207 WTR- WEEKLY LAB ANALYSIS 30.00
COK2208270 WTR- WEEKLY LAB ANALYSIS 30.00
COK2208270 SWR- WEEKLY LAB ANALYSIS 48.00
COK2208270 SWR- WEEKLY LAB ANALYSIS 14.00
Total for Check Number 25025: 184.00
25026 10107 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 09/14/2022 2574-1032645 SFO- POWER PEDESTALS FOR HARVEST FESTIVAL 127.81 Total for Check Number 25026: 127.81
25027 10108 COOKS COMMUNICATIONS CORP 09/14/2022
151834 PD REP- SPOTLIGHT REPAIR KITS 124.23
Total for Check Number 25027: 124.23
25028 10577 COOMBS SERVICE GROUP 09/14/2022
1325 SWR- BIOLAC REBUILD 50% FINAL PAYMENT 31,825.00
Total for Check Number 25028: 31,825.00
25029 11874 CSG CONSULTANTS INC 09/14/2022
45997 BPO- PROFESSIONAL SERVICES- BLDG INSPECTOR 82 HRS 8,036.00 45997 BPO- PROFESSIONAL SERVICES- PLAN REVIEW 12 HRS 1,176.00 45997 BPO- PROFESSIONAL SERVICES- BLDG OFFICIAL 1 HR 174.00 45997 BPO- PROFESSIONAL SERVICES- OT BLDG OFFICIAL SERVICES J. CROWN 551.25 Total for Check Number 25029: 9,937.25
25030 10128 DEPARTMENT OF JUSTICE 09/14/2022
600693 PD- 6 BLOOD ALCOHOL ANALYSIS 210.00
606743 PD- 3 BLOOD ALCOHOL ANALYSIS 105.00
Total for Check Number 25030: 315.00
25031 10713 DIAMOND LOCKSMITHS 09/14/2022
013170 CS- NEW BOOTH KEYS (26) FOR KERCKHOFF PARK 168.87 Total for Check Number 25031: 168.87
25032 10524 DUNN EDWARDS 09/14/2022
AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 6 15 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
2036305044 CS- DINING ROOM PAINT- SR CTR 599.46
Total for Check Number 25032: 599.46
25033 12019 ELITE UNIFORMS 09/14/2022
XF1318 PD- B. VELEZ UNIFORM 173.06
Total for Check Number 25033: 173.06
25034 11028 FRESNO HUMANE ANIMAL SERVICES 09/14/2022
20235-8/23/22 AC- 2 FLATS OF CANINE VACCINES 122.00
Total for Check Number 25034: 122.00
25035 12284 DESIREE GARCIA 09/14/2022
00270484 CTC- CTC DEPOSIT 09/03/22 400.00
00311074 CTC- CTC DEPOSIT 09/03/22 171.45
Total for Check Number 25035: 571.45
25036 11670 VICTOR GARCIA 09/14/2022
00306176 CTC- SH DEPOSIT 09/04/22 100.00
Total for Check Number 25036: 100.00
25037 10185 GRAINGER 09/14/2022
9402547781 CS- LED LIGHTS (2) - CTC 29.27
9402617709 CS- SENSOR LIGHT- ROTARY PARK 71.89
9412712078 CS- HID BULB (12) - COLEMAN FIELD 710.48
Total for Check Number 25037: 811.64
25038 10204 IDTS INC 09/14/2022
40093 PD- AUG ENROLLMENT B. VELEZ 10.00
40093 PD- PRE-EMPLOYMENT DRUG TEST B. VELEZ RECORDS CLERK 69.00 Total for Check Number 25038: 79.00
25039 10241 KINGS BASIN IRWM AUTHORITY 09/14/2022
2023-05 WTR- 2023 MEMBER DUES 3,500.00
Total for Check Number 25039: 3,500.00
25040 10250 LIEBERT CASSIDY WHITMORE 09/14/2022
224568 ADM- ADMIN- HR PERSONNEL MATTER 08/2022 788.00
224569 ADM- ADMIN- HR PERSONNEL MATTER 08/2022 382.50
224570 ADM- ADMIN- HR PERSONNEL MATTER 08/2022 67.00
224571 ADM- ADMIN- HR PERSONNEL MATTER 08/2022 2,074.00 224572 ADM- ADMIN- HR PERSONNEL MATTER 08/2022 11,372.50 225346 ADM- ADMIN- HR PERSONNEL MATTER 08/2022 1,362.00 Total for Check Number 25040: 16,046.00
25041 12282 MARK GARDNER AUTO GLASS 09/14/2022
1881 PD REP- NEW WINDSHIELD #1534 590.06
Total for Check Number 25041: 590.06
25042 11965 MISSION UNIFORM SERVICE 09/14/2022
083122 VAR- UNIFORMS, MATS, SUPPLIES- STREETS-ARTICLE VIII 22.07 083122 VAR- UNIFORMS, MATS, SUPPLIES- UNIFORMS 11.91
083122 VAR- UNIFORMS, MATS, SUPPLIES- BLDG/PARKS OPERATIONS 1,208.92 AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 7 16 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
083122 VAR- UNIFORMS, MATS, SUPPLIES- BLDG MAINT 33.76
083122 VAR- UNIFORMS, MATS, SUPPLIES- VEHICLES 48.26
083122 VAR- UNIFORMS, MATS, SUPPLIES- STREET FLEX MEASURE C 21.15 083122 VAR- UNIFORMS, MATS, SUPPLIES- STREETS 18.92
083122 VAR- UNIFORMS, MATS, SUPPLIES- STORM DRAIN 10.42 083122 VAR- UNIFORMS, MATS, SUPPLIES- LANDSCAPE & LIGHTING 19.19 083122 VAR- UNIFORMS, MATS, SUPPLIES- WATER OPERATIONS 47.83 083122 VAR- UNIFORMS, MATS, SUPPLIES- SEWER OPERATIONS 45.13 083122 VAR- UNIFORMS, MATS, SUPPLIES- SOLID WASTE 8.57
Total for Check Number 25042: 1,496.13
25043 10282 OFFICE DEPOT 09/14/2022
259385833001 ADM- OFFICE SUPPLIES 19.39
259403545001 ADM- OFFICE SUPPLIES 83.39
262808478001 ADM- OFFICE SUPPLIES 55.00
Total for Check Number 25043: 157.78
25044 10286 O'REILLY AUTOMOTIVE INC 09/14/2022
024813 VE SUPP- ONLINE CREDIT -54.06
080422 VE REP- SUPPLIES- 2 INV <$50 19.92
081722 PD REP- SUPPLIES- 2 INV <$50 52.91
330053 VE- CLASS- ANDY HUMBERTO 94.95
330703 VE REP- SENSOR PRESSURE SWITCH # 1458 56.67
330704 VE SUPP- BATTERY TESTER TOOL 435.89
330854 VE REP- MANIFOLD GASKET SET #1458 51.02
330897 VE REP- HOSES COOLANT #1458 87.87
331069 VE REP- BATTERY #1373 294.30
331133 VE REP- BATTERY BUCKET TRUCK 291.18
331184 VE REP- RADIATOR #1458 190.23
331235 VE REP- ALTERNATOR #1373 114.44
331241 VE REP- EXCHANGE CORRECT ALTERNATOR #1373 53.90
332625 VE REP- ABS SENSOR #1458 213.92
332668 VE REP- WARRANTY RETURN -224.30
332669 VE REP- NEW RETURN -51.02
332672 VE SUPP- NITRILE GLOVES 67.56
332869 VE REP- ALTERNATOR #1426 138.93
333083 SWR- AIR TANK GUAGE 65.36
333141 PD REP- TRANSMISSION FLUID #1488 76.26
334523 VE REP- FRONT SHOCKS #1458 259.03
334538 VE REP- REAR SHOCKS #1458 131.69
DISC837507 VE SUPP- ONLINE CREDIT -1.10
EB10890841 VE SUPP- ONLINE CREDIT -8.39
SC04109225 VE SUPP- LATE CHARGE 14.18
Total for Check Number 25044: 2,371.34
25046 10289 P.G.& E. 09/14/2022
4647279811-8 PD- AUG PG&E 3,344.15
4939626163-5 VE- MONTHLY SERVICE 07/19/22-08/17/22 1,691.78 5467738309-0 WTR/SWR/SD- AUGUST 277.95
5467738309-0 WTR/SWR/SD- AUGUST 48,801.73
5467738309-0 WTR/SWR/SD- AUGUST 56.03
5467738309-0 WTR/SWR/SD- AUGUST 24.64
6039473144-6 CS- TRINIS PARK AUG 2022 81.32
6825025396-7 ADM- MONTHLY UTILITIES-6825025396-7 08/01/22-08/30/22- AUGUST 167.59 6825025396-7 ADM- MONTHLY UTILITIES-6825025396-7 08/01/22-08/30/22- AUGUST 167.57 6825025396-7 ADM- MONTHLY UTILITIES-6825025396-7 08/01/22-08/30/22- AUGUST 670.35 6825025396-7 ADM- MONTHLY UTILITIES-6825025396-7 08/01/22-08/30/22- AUGUST 167.58 AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 8 17 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
6825025396-7 ADM- MONTHLY UTILITIES-6825025396-7 08/01/22-08/30/22- AUGUST 167.58 6825025396-7 ADM- MONTHLY UTILITIES-6825025396-7 08/01/22-08/30/22- AUGUST 670.35 6825025396-7 ADM- MONTHLY UTILITIES-6825025396-7 08/01/22-08/30/22- AUGUST 335.18 6825025396-7 ADM- MONTHLY UTILITIES-6825025396-7 08/01/22-08/30/22- AUGUST 335.18 8820061503-2 CS- COLEMAN BALLFIELD - AUG 31.91
Total for Check Number 25046: 56,990.89
25047 10304 PITNEY BOWES GLOBAL FIN SERV LLC09/14/2022
3105652631 4TH QTR RENT POSTAGE/FOLDER MACHINES BILLING PERIOD 6/30-9/29 22 419.61 3105652631 4TH QTR RENT POSTAGE/FOLDER MACHINES BILLING PERIOD 6/30-9/29 22 274.64 3105652631 4TH QTR RENT POSTAGE/FOLDER MACHINES BILLING PERIOD 6/30-9/29 22 464.53 3105652631 4TH QTR RENT POSTAGE/FOLDER MACHINES BILLING PERIOD 6/30-9/29 22 89.85 3105652631 4TH QTR RENT POSTAGE/FOLDER MACHINES BILLING PERIOD 6/30-9/29 22 29.95 3105652631 4TH QTR RENT POSTAGE/FOLDER MACHINES BILLING PERIOD 6/30-9/29 22 419.61 Total for Check Number 25047: 1,698.19
25048 12026 PRECISION CIVIL ENGINEERING INC 09/14/2022
27129 BPO- PROFESSIONAL SERVICES 8,430.00
27130 BPO- PROFESSIONAL SERVICES 3,775.00
Total for Check Number 25048: 12,205.00
25049 10319 RENO'S HARDWARE 09/14/2022
ACCT 86 BLDG- SUPPLIES- 2 INV <$50 14.28
ACCT 86 BLDG- SUPPLIES- 1 INV <$50 5.64
ACCT 86 STRTS SUPPLIES- 1 INV <$50 16.01
Total for Check Number 25049: 35.93
25050 10324 RIVERSIDE NURSERY & LANDSCAPE INC09/14/2022 1498 PARKS- LODGE POLES & CINCH TIES 524.76
Total for Check Number 25050: 524.76
25051 11364 SAFARILAND LLC 09/14/2022
I010-451438 PD- 6 BULLETPROOF VESTS 4,100.00
I010-451438 PD- 6 BULLETPROOF VESTS 643.92
Total for Check Number 25051: 4,743.92
25052 10331 SEBASTIAN 09/14/2022
31028 BLDG-REPLACE MOTION DETECTORS PW OFFICE 401.67
31115 CS- FIRE ALARM RECODE- SR CTR 200.00
31116 CS- FIRE ALARM ASSESSMENT- CTC 145.00
31120 BLDG- REPLACE ALARM BATTERY AT PW OFFICE 232.69
Total for Check Number 25052: 979.36
25053 10332 SEBASTIAN 09/14/2022
10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 166.42 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 46.89 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 275.44 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT CAMERAS 76.05 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 197.40 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 13.55 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 108.03 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 114.90 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 345.45 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 25.65 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 432.04 AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 9 18 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 86.00 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 345.45 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 25.65 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 36.06 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 46.89 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 208.07 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 70.57 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 74.39 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 556.90 10719475 VAR- MONTHLY PHONE SERVICE- 08/21/22-09/20/22-SEPT 25.65 Total for Check Number 25053: 3,277.45
25054 11650 SITEONE LANDSCAPE SUPPLY COMPANY09/14/2022
122736103-001 LLD- IRRIGATION SUPPLIES 840.29
122798941-001 PARKS- IRRIGATION SUPPLIES 989.89
Total for Check Number 25054: 1,830.18
25055 11907 SPRINGBROOK HOLDING COMPANY LLC09/14/2022
INV-010305 FIN- MONTHLY WEB PAYMENTS AUGUST 2022 563.00 INV-010305 FIN- MONTHLY WEB PAYMENTS AUGUST 2022 440.24 INV-010305 FIN- MONTHLY WEB PAYMENTS AUGUST 2022 155.76 Total for Check Number 25055: 1,159.00
25056 10349 STEAMRITE CARPET CLEANING 09/14/2022
4089 CS- CTC CARPET CLEANING 1 ROOM 960.00
Total for Check Number 25056: 960.00
25057 11460 SUPERIOR POOL PRODUCTS LLC 09/14/2022
Q2020096 WTR- 200 GAL BULK CHLORINE WELL 17 642.41
Q2020097 WTR- 200 GAL BULK CHLORINE WELL 9A 642.41
Q2020238 WTR- 110 GAL BULK CHLORINE WELL 9A 361.91
Q2020239 WTR- 200 GAL BULK CHLORINE WELL 17 642.41
Q2020241 WTR- 120 GAL BULK CHLORINE WELL 14 393.07
Q2020265 SWR- DIGESTERS 79.60
Total for Check Number 25057: 2,761.81
25058 12115 TAPCO 09/14/2022
I735136 STRTS- BLINKERSIGN 30"- SPARE 1,239.75
Total for Check Number 25058: 1,239.75
25059 10754 THE HOME DEPOT PRO-SUPPLY WORKS09/14/2022
705762417 CS- JANITORIAL SUPPLIES 873.38
Total for Check Number 25059: 873.38
25060 11134 ALFONSO TINOCO 09/14/2022
090822 SWR- MEALS PER DIEM 09/21 22 23 24 2022- ALFONSO TINOCO 152.00 Total for Check Number 25060: 152.00
25061 12283 RAFAEL URBIETA 09/14/2022
00309525 CTC- SH REFUND 200.00
00309525 CTC- ALCOHOL PERMIT REFUND 15.00
00309525 CTC- NPC REFUND 50.00
00309525 CTC- SH DEPOSIT REFUND 100.00
00309525 CTC- SPC REFUND 50.00
AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 10 19 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 25061: 415.00
25062 10406 WEST HILLS OIL INC 09/14/2022
251580 VE- DIESEL FUEL 355 GALLONS 2,225.80
251604 VE- DIESEL FUEL 330 GALLONS 2,069.05
Total for Check Number 25062: 4,294.85
25063 10413 YAMABE & HORN ENGINEERING INC 09/14/2022
4760581 WELL NO 18 PRODUCTION WELL 187.50
4760582 TRACT 6236 4,918.34
4760583 KUSD FIRST STREET EXTENSION 2,187.50
4760584 BWC INDUSTRIAL PROPERTY 62.50
4760585 TRACT 6293 1,623.25
4760586 EASTSIDE COMMUNITY PARK 2,445.00
4760587 TRACT 6302 1,899.40
4760588 VINELAND AVE REHAB- CALIFORNIA TO KEARNEY 512.42 4760588 VINELAND AVE REHAB- CALIFORNIA TO KEARNEY 3,096.58 4760589 SGMA IMPLEMENTATION SUPPORT 75.00
4760590 SPR 21-02 210 MADERA GAS STATION 282.50
4760591 KEARNEY BLVD REHAB- PARK TO DEL NORTE 215.35
4760591 KEARNEY BLVD REHAB- PARK TO DEL NORTE 1,662.15
4760592 STANISLAUS/SAN JOAQUIN ALLEY PAVING- 1ST TO 3RD 308.49 4760592 STANISLAUS/SAN JOAQUIN ALLEY PAVING- 1ST TO 3RD 2,381.01 4760593 WELL NO 12 & 14 EMERGENCY GENERATORS 2,481.50
4760594 NORTHWEST PARK 4,243.75
4760595 LIONS PARK RECHARGE PROJECT 2,826.98
4760596 SPR 2021-08 PM 19-01 PARCEL B CAR WASH 62.50
4760597 SPR 2021-09 DUTCH BROS 206.25
4760598 UTILITY MASTER PLAN UPDATES 8,911.60
4760599 FY 22-23 LLMD ASSESSMENTS 2,351.10
4760600 FY 21-22 STREET REHABILITATION PROJECT 2,404.75 4760601 FY 21-22 STREET SEALING PROJECT 4,797.50
4760602 FY 23-24 CDBG APPLICATION 2,240.00
4760603 FY 22-23 GENERAL ENGINEERING 2,000.00
4760604 FY 22-23 GENERAL ENGINEERING- STREETS 975.00
Total for Check Number 25063: 55,357.92
25064 12267 IRENE ZAMORA 09/14/2022
00311062 CTC- SH DEPOSIT 09/03/22 100.00
Total for Check Number 25064: 100.00
Total for 9/14/2022: 259,503.96
25065 11007 A & E INDUSTRIAL CLEANING EQUIPMENT CORPORATION 09/22/2022 44870 VE EQUIP- PRESSURE WASHER REPAIR 441.36
Total for Check Number 25065: 441.36
25066 11525 ADOLPHS A-1 TREE SERVICE 09/22/2022
1401-2022 PARKS- 2 ADDITIONAL TREES TRIMMED- LIONS PARK 750.00 1421-2022 PARKS- 2 ADDIT TREES TRIMMED- LIONS PARK 750.00 Total for Check Number 25066: 1,500.00
25067 10021 ALERT O LITE 09/22/2022
TT029200 SFO- HF PARADE TRAFFIC CONTROL 5 SIGNS STOLEN 1,579.84 AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 11 20 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 25067: 1,579.84
25068 12257 AMERITAS LIFE INSURANCE CORP 09/22/2022
091322 HR- CLAIMS FUNDING ENDING 09/10/22 1,522.60
Total for Check Number 25068: 1,522.60
25069 10504 AUTOZONE 09/22/2022
5324064544 VE REP- CELL PHONE MAGNETIC HOLDER 17.43
5324064588 PD REP- PD EXPLORERS AIR FILTERS 29.61
5324065430 PD REP- PD VEHICLES CABIN AIR FILTERS 37.12
5324068777 VE REP- STEERING WHEEL COVER 26.62
5324087347 VE- PD EXPLORERS AIR FILTERS 60.11
Total for Check Number 25069: 170.89
25070 11917 BLAIS & ASSOCIATES LLC 09/22/2022
BA_4306_2022 ADM- KRM GRANT RESEARCH AND SUPPORT 2,100.00 Total for Check Number 25070: 2,100.00
25071 10054 BLUE SHIELD OF CALIFORNIA 09/22/2022
222560000559 HR- OCTOBER MEDICAL COVERAGE 51,444.45
Total for Check Number 25071: 51,444.45
25072 10617 C A REDING CO INC 09/22/2022
644613 PD- AUG BILLING LANIER/MP 4503 51.97
644614 REC- CTC- LANIER MP C307 AUG 42.72
645112 PD- AUG BILLING FOR COPIES LANIER/MPC307 66.01
Total for Check Number 25072: 160.70
25073 12126 CENTRAL SANITARY SUPPLY 09/22/2022
1274303 CS- FLOOR CLEANER- JANITORIAL SUPPLIES 44.53
Total for Check Number 25073: 44.53
25074 11506 CENTRAL VALLEY SWEEPING LLC 09/22/2022
2022-005922 STRT- STREET SWEEPING AUG 2022 8,500.00
Total for Check Number 25074: 8,500.00
25075 10092 CENTRAL VALLEY TOXICOLOGY INC 09/22/2022
321995 PD- BLOOD TEST CASE 22-2720 40.00
Total for Check Number 25075: 40.00
25076 12027 CERTIFIED LABORATORIES 09/22/2022
7890802 SWR- KLAW AEROSOL SPRAY 257.77
Total for Check Number 25076: 257.77
25077 10564 CITY OF KERMAN 09/22/2022
22-3320 AAC- CANINE CASE 22-3320 DL PICK UP FEES AND BOARDING FEES 362.60 Total for Check Number 25077: 362.60
25078 11498 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 09/22/2022 154435594 PD- SEPT ETHERNET SERVICES 742.09
AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 12 21 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 25078: 742.09
25079 10115 CSJVRMA 09/22/2022
RMA 2023-00104 VAR- 2ND QTR LIABILITY PROGRAM 8,409.84
RMA 2023-00104 VAR- 2ND QTR LIABILITY PROGRAM- AUTO PHYSICAL DAMAGE PROGRAM 1,462.58 RMA 2023-00104 VAR- 2ND QTR LIABILITY PROGRAM 10,969.35 RMA 2023-00104 VAR- 2ND QTR LIABILITY PROGRAM 32,908.04 RMA 2023-00104 VAR- 2ND QTR LIABILITY PROGRAM- AUTO PHYSICAL DAMAGE PROGRAM 3,656.45 RMA 2023-00104 VAR- 2ND QTR LIABILITY PROGRAM- AUTO PHYSICAL DAMAGE PROGRAM 1,462.58 RMA 2023-00104 VAR- 2ND QTR LIABILITY PROGRAM- AUTO PHYSICAL DAMAGE PROGRAM 2,925.16 RMA 2023-00104 VAR- 2ND QTR WORKERS COMP DEPOSIT 91,709.00 RMA 2023-00104 VAR- 2ND QTR LIABILITY PROGRAM- AUTO PHYSICAL DAMAGE PROGRAM 1,096.94 RMA 2023-00104 VAR- 2ND QTR LIABILITY PROGRAM- AUTO PHYSICAL DAMAGE PROGRAM 10,238.06 Total for Check Number 25079: 164,838.00
25080 11451 CUT IT RIGHT TREE SERVICE 09/22/2022
100354 TREE TRMG- TRIM 54 PALM TREES AT PLAZA PARK 18,900.00 100357 TREE TRMG- TRIM VARIOUS AND REMOVE DEAD TREE AT PLAZA PARK 15,850.00 100358 TREE TRMG- EMERGENCY REMOVAL OF ADDITIONAL DEAD TREE 1,600.00 Total for Check Number 25080: 36,350.00
25081 10128 DEPARTMENT OF JUSTICE 09/22/2022
603054 PD- 2 LIVE SCANS FOR APPLICANTS 83.00
603054 PD- AUG LIVE SCAN 15.00
Total for Check Number 25081: 98.00
25082 10144 ELBERT DISTRIBUTING INC 09/22/2022
PI0048668 VE MAINT- SERVICE KITS OIL DIFF FLUID 437.21
PI0048668 PD MAINT- SERVICE KITS OIL DIFF FLUID 437.21
Total for Check Number 25082: 874.42
25083 10148 ENTENMANN-ROVIN CO 09/22/2022
0168441-IN PD- PURCHASE OF 2 NEW POLICE OFFICE BADGES #87 AND #88 280.68 Total for Check Number 25083: 280.68
25084 10159 FRESNO COUNCIL OF GOVERNMENTS 09/22/2022
091222 ADM- MEMBER DUES 2022/2023 658.00
Total for Check Number 25084: 658.00
25085 10162 FRESNO COUNTY TREASURER 09/22/2022
SO19833 PD- SEPT DISPATCHING SERVICES 21,154.88
SO19833 PD- AUG RMS/JMS/CAD ACCESS FEES 188.04
Total for Check Number 25085: 21,342.92
25086 10169 FRESNO PET CEMETERY 09/22/2022
43874 AAC- 28 ANIMAL CARCASSES DISPOSED OF PLUS PICK UP FEE 255.30 Total for Check Number 25086: 255.30
25087 11642 HUMBERTO GASTELUM 09/22/2022
00308639 CTC- SH DEPOSIT 09/11/22 100.00
Total for Check Number 25087: 100.00
AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 13 22 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
25088 10185 GRAINGER 09/22/2022
9441286524 CS- RIVET TOOL- KERCKHOFF PARK 111.82
Total for Check Number 25088: 111.82
25089 10191 H & J CHEVROLET INC 09/22/2022
CTCS63006 VE REP- REPLACE STARTER #1395 996.36
CTCS63007 VE REP- REPAIR EVAP LEAK #1395 298.35
CVW28042 VE REP- WEATHERSTRIP #1458 175.75
CVW28098 VE REP- DOOR PANEL #1487 533.98
CVW28235 VE REP- RIGHT DOOR PIN KIT #1446 118.96
Total for Check Number 25089: 2,123.40
25090 10222 JERRY'S AUTOMOTIVE 09/22/2022
688904 VE REP- PROGRAM ABS MODULE & PCM #1395 490.00
Total for Check Number 25090: 490.00
25091 11923 JOE A GONSALVES & SON 09/22/2022
160159 ADM- PROFESSIONAL LEGISLATIVE REPRESENTATION- SEPTEMBER 2022 1,000.00 Total for Check Number 25091: 1,000.00
25092 12112 LG ELECTRIC 09/22/2022
090922 BLDG- INSTALLED CIRCUIT AT SHOP 980.00
091222 BLDG- MODIFIED ELEC PANEL AT SHOP 920.00
Total for Check Number 25092: 1,900.00
25093 10252 LITHIA FORD OF FRESNO 09/22/2022
1315792 PD REP- WINDSHIELD SIDE MOULDINGS #1534 352.35
1315821 PD REP- AC BLOCK VALVE #19-01 66.67
Total for Check Number 25093: 419.02
25094 12286 PATRICIA LOZANO 09/22/2022
091922 PD- REIMB FOR HARVEST FESTIVAL SUPPLIES- PLATES TABLE CLOTHS NAP 168.64 Total for Check Number 25094: 168.64
25095 10789 SANDRA MENDOZA 09/22/2022
091722 PD- MILEAGE TO AND FROM TRAINING WOMEN LEADERS IN LAW ENFOR SEPT 306.54 Total for Check Number 25095: 306.54
25096 12289 MAUREEN MEZA 09/22/2022
00312875 CTC- SH DEPOSIT REFUND 100.00
Total for Check Number 25096: 100.00
25097 11442 MINTIER HARNISH LP 09/22/2022
KERMAN SB2-23 BPO- CONTRACT PLANNING SERVICES- AUG 1-31 2022 2,329.50 Total for Check Number 25097: 2,329.50
25098 11961 MOUNTAIN VALLEY ENVIRONMENTAL SERVICES INC 09/22/2022 3841 WTR- CHARGES ABOVE SCOPE OF SERVICES MVES- AUG 2,925.00 3841 SWR- CHARGES ABOVE SCOPE OF SERVICES MVES- AUG 2,925.00 3842 SWR- PROFESSIONAL SERV- MVES SEPT 2022 3,450.00
3842 WTR- PROFESSIONAL SERV- MVES SEPT 2022 3,450.00
AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 14 23 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 25098: 12,750.00
25099 12287 MY BARK CO INC 09/22/2022
20820 CS- ENGINEERED WOOD FIBER- KATEYS PARK 5,569.05
Total for Check Number 25099: 5,569.05
25100 10282 OFFICE DEPOT 09/22/2022
266540150001 PD- OFFICE SUPPLIES- BUSINESS CARD HOLDER FINGERPRINT PADS 217.83 266725709001 PD- OFFICE SUPPLIES- LEXAR FLASH DRIVES 29.41 Total for Check Number 25100: 247.24
25101 10288 OVERHEAD DOOR COMPANY/FRESNO 09/22/2022
66354 CS- BOOTH #2 & #13- KERCKHOFF PARK 381.00
Total for Check Number 25101: 381.00
25102 10289 P.G.& E. 09/22/2022
4055166878-9 LLD- MONTHLY SERVICE 07/28/22-08/28/22 2,267.17 5340322355-4 WTR- DOUBLE L CHLORINATOR POWER 16.70
6206788690-3 CS- CS ELECTRICITY & GAS AUG 2022 1,381.27 6206788690-3 CS- CS ELECTRICITY & GAS AUG 2022 5,006.85 6206788690-3 CS- CS ELECTRICITY & GAS AUG 2022- COMM SVCS 1,797.33 7660122617-8 AC- AUG PG&E 1,271.35
Total for Check Number 25102: 11,740.67
25103 10316 R G EQUIPMENT OF FRESNO INC 09/22/2022
129916 VE EQUIP- BLADES & POWER TRIM FILTERS 269.81
130452 VE EQUIP- IGN SWITCH TORO MOWER 30.09
130454 SM EQ REPL- CHAINSAW FOR PARKS 303.37
Total for Check Number 25103: 603.27
25104 10324 RIVERSIDE NURSERY & LANDSCAPE INC09/22/2022 1504 PARKS- 4 TREES AT KERCKHOFF PARK 342.82
Total for Check Number 25104: 342.82
25105 12067 DEANA SANCHEZ 09/22/2022
00310227 CTC- SH DEPOSIT 09/10/22 100.00
Total for Check Number 25105: 100.00
25106 10335 SILVA AUTO GROUP INC 09/22/2022
49883 PD REP- AC RELAYS - STOCK 94.18
49884 PD REP- COOLING SENSOR #1490 23.54
49885 PD REP- AC VALVE 58.39
49898 PD REP- WINDSHIELD MOULDINGS #1490 496.00
Total for Check Number 25106: 672.11
25107 10337 SLUMBERGER LUMBER 09/22/2022
ACCT 3115 VE EQUIP- SUPPLIES- 1 INV <$50 7.61
ACCT 3115 STRTS- SUPPLIES- 1 INV $50 26.12
ACCT 3115 SDWLK REP- CONCRETE FOR CALIF & SISK 211.41
ACCT 3115 SDWLK REP- SUPPLIES- 1 INV $50 43.42
ACCT 3115 VE REP- CHLORINE TABS FOR WATER TRUCK 53.32
ACCT 3115 LLD- STAKES SHOVEL LOPPER 72.99
ACCT 3115 BLDG- CONCRETE FOR SLAB AT PD 211.41
AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 15 24 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACCT 3115 VE EQUIP- TUBING ROD CASTER TIRE 89.30
ACCT 3115 VE SUPP- SUPPLIES- 2 INV <$50 38.73
ACCT 3115 LLD- SUPPLIES- 1 INV <$50 11.28
ACCT 3116 CS- BLDG-MAINT/REPAIR SUPPLIES 420.65
ACCT 3116 CS- PARK-MAINT/REPAIR SUPPLIES 89.59
Total for Check Number 25107: 1,275.83
25108 10354 T & T PAVEMENT MARKINGS 09/22/2022
2022374 BLDG- NO TRESPASS & AUTH VEH ONLY SIGNS- FOR WWTP GATES 554.17 Total for Check Number 25108: 554.17
25109 10360 TERRY JOHNSON TRUCKING 09/22/2022
2002928 WTR- 12.67 TONS OF FILL SAND 326.93
2002928 PRKS- 12.80 COLD MIX 326.92
2002929 STRTS- 6.40 COLD MIX 394.06
2002929 WTR- 6.40 COLD MIX 394.05
2002930 STRTS- 6.40 COLD MIX 394.05
2002930 WTR- 6.40 COLD MIX 394.06
Total for Check Number 25109: 2,230.07
25110 10381 UNITED HEALTH CENTERS 09/22/2022
0908-22-6 PD- PRE-EMPLOYMENT PHYSICAL B. VELEZ (RECORDS) 150.00 Total for Check Number 25110: 150.00
25111 10168 UNITY IT 09/22/2022
364342 TECH- MONTHLY TECH SUPPORT- AUGUST 2022 3,493.79 364342 TECH- MONTHLY SCADA SUPPORT AUGUST 2022 42.50
364342 TECH- MONTHLY SCADA SUPPORT AUGUST 2022 42.50
Total for Check Number 25111: 3,578.79
25112 10387 USA BLUE BOOK 09/22/2022
060277 SWR- HATCH AMMONIA TEST KIT 195.86
Total for Check Number 25112: 195.86
25113 12178 VALLEY ANIMAL CENTER SPAY & NEUTER CLINIC 09/22/2022 115634 AC- CANINE NEUTERED RABIE VACCINE CASE 22-3320 77.60 Total for Check Number 25113: 77.60
25114 10391 VALLEY FARM SUPPLY STORES 09/22/2022
080122 WTR- SUPPLIES- INV <$50 87.98
080122 STRTS- SUPPLIES- 5 INV <$50 156.55
080122 SWR- SUPPLIES- 5 INV <$50 269.70
081522 VE EQUIP- SUPPLIES- 6 INV <$50 110.45
082222 VE REP- SUPPLIES- 2 INV <$50 29.39
149315 VE EQUIP- FAN HOUSIN RIGHT LEFT HARNESS CHEST STRAP 179.12 149316 VE EQUIP- BLOWER SERVICE KIT ULTRA SYN OIL 103.26 149352 SWR- RESPIRATOR GLOVES 82.25
149738 PARKS- GATOR LINE GLOVES 242.99
149752 PARKS- CHAIN, CHAIN LOOP 61.88
149778 PARKS- STIHL CHAIN 55.34
149849 SWR- GASKET MAKER RED THREADLOCKER BLUE CANOPY 148.39 149873 SFO- SUPPLIES- 1 INV <$50 26.12
170020 SWR- SUPPLIES FOR RANDY 345.65
170020 WTR- SUPPLIES FOR RANDY 345.66
170029 SDWLK REP- SUPPLIES -STRTS<$50 75.35
AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 16 25 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
170089 PARKS- STIHL BLOWER 305.12
170169 MEDIANS- SUPPLIES 20.00
170175 WTR- RESPIRATOR 54.47
170227 SDWLK REP- CONCRETE BENCH IN FRONT OF PD 27.61
170255 PARKS- ECHO SPEED FEED HEAD 146.43
170280 VE SUPP- GLOVES 52.29
170350 SWR- TRIMMER SAFETY VEST 83.05
170389 SWR- FLEX SEAL LIQUID FLAT STAIN BRUSH BOLT CAR 50.05 170475 VE EQUIP- CAULK CAULKGUN SPRAY PAINT 87.06
170485 LLD- ADAPTER TORCH TRIGGER 44.43
170627 VE EQUIP- ULTRA SUN OIL MIX 128.11
170739 SWR- GLOVES GALV NIPPLE GALV COUPLING MENDERHOSE 72.87 170760 VE EQUIP- AIR FILTER 91.49
170761 BLDG- SOAP\ 2.82
170827 STRTS- PRUNNING SHEERS 106.78
170868 PD REP- DOOR PANEL REP #1486 58.78
170890 VE EQUIP- DRILLING HAMMER RUBBER MALLET 52.29
170891 BLDG- MOUSE TRAP GLUE PADS 10.88
Total for Check Number 25114: 3,714.61
25115 12290 VERIZON 09/22/2022
336000033886 VE- VEHICLE TRACKING SUBSCRIPTION 08/01/22-08/31/22 1,193.85 Total for Check Number 25115: 1,193.85
25116 10401 WALLYS TIRE AND WHEEL 09/22/2022
1-78824 VE EQUIP- 4 TIRES FOR GOLF CART 309.11
Total for Check Number 25116: 309.11
25117 10406 WEST HILLS OIL INC 09/22/2022
74830 VE- FUEL AUG 16-31 1227.636 GALLONS 6,940.90
74830 VE- ACT PROGRAM- PD 1396.711 GALLONS 536.37
Total for Check Number 25117: 7,477.27
25118 12288 ROSALVA ZAMUDIO CABEZAS 09/22/2022
00260954 CTC- CTC DEPOSIT 09/10/22 400.00
Total for Check Number 25118: 400.00
25119 BP-CENT1 CENTURY COMMUNITIES 09/22/2022
063022 C & D REFUND 163 KAREN FINALED 06-27-22 849.25
063022 C & D REFUND 173 KAREN FINALED 06-24-22 695.75
063022 C & D REFUND 14368 EL MAR FINALED 06-27-22 551.50 063022 C & D REFUND 14267 SAN JOAQUIN FINALED 06-10-22 788.75 063022 C & D REFUND 14343 SAN JOAQUIN FINALED 06-10-22 870.25 063022 C & D REFUND 14345 SAN JOAQUIN FINALED 06-10-22 929.50 063022 C & D REFUND 193 KAREN FINALED 06-20-22 695.75
063022 C & D REFUND 194 KAREN FINALED 06-10-22 659.50
063022 C & D REFUND 236 BURGUNDY FINALED 06-28-22 641.25 063022 C & D REFUND 246 BURGUNDY FINALED 06-24-22 689.75 063022 C & D REFUND 14277 SAN JOAQUIN FINALED 06-10-22 929.50 063022 C & D REFUND 201 KAREN FINALED 06-27-22 870.25
063022 C & D REFUND 183 KAREN FINALED 06-20-22 545.75
063022 C & D REFUND 184 KAREN FINALED 06-30-22 788.75
Total for Check Number 25119: 10,505.50
25120 12213 PATRICK CLARK 09/22/2022
AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 17 26 Section 5, Item C.
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
063022 FIN- REFUND OVERPAYMENT OF VOLUNTARY LIFE 139.30 Total for Check Number 25120: 139.30
25121 11874 CSG CONSULTANTS INC 09/22/2022
44660 ADM- JUNE CODE ENFORCEMENT 7,325.50
Total for Check Number 25121: 7,325.50
25122 12068 DXP ENTERPRISES INC 09/22/2022
52773642 SWR- U JOINT SLEEVE BANDS- PARTS FOR SEEPEX PUMP 448.13 Total for Check Number 25122: 448.13
25123 12270 GLORIA GUTIERREZ 09/22/2022
063022 FIN- REFUND OVERPAYMENT OF VOLUNTARY LIFE 16.08
Total for Check Number 25123: 16.08
25124 12026 PRECISION CIVIL ENGINEERING INC 09/22/2022
26707 BPO- PROFESSIONAL SERVICES 21-009 2 CITY OF KERMAN ADU PLANS 797.50 26708 BPO- PROFESSIONAL SERVICES 21-009 CITY OF KERMAN ENTITLEMENT 755.00 Total for Check Number 25124: 1,552.50
25125 11714 ROD CARSEY 09/22/2022
22-05 BPO- CORRECTION TO PERMIT 22-COM 0014 AT 15495 W WHITESBRIDGE RD 10.19 Total for Check Number 25125: 10.19
Total for 9/22/2022: 376,173.59
Report Total (145 checks): 692,098.95
AP Checks by Date - Detail by Check Date (9/23/2022 8:37 AM) Page 18 27 Section 5, Item C.
STAFF REPORT
MEETING DATE: September 28, 2022
PRESENTER: John Jansons, City Manager
SUBJECT: Resolution Approving Ratification of Memorandum of Agreement with Mariposa County for Reimbursement of Mutual Aid Expenses for the Oak Fire (JAJ) RECOMMENDATION: Council by motion adopt resolution ratifying the Memorandum of Agreement with Mariposa County for reimbursement of Mutual Aid expenses for the Oak Fire.
EXECUTIVE SUMMARY:
On July 22, 2022, an extreme wildfire swept through the Mariposa county region known as the OAK FIRE. In the event of such local emergencies, mutual aid is activated to gain the support of allied agencies.
The Law Enforcement Mutual Aid Plan was issued supporting the California Emergency Plan, and the Master Mutual Aid Agreement. On July 23, 2022, the Federal Emergency Management Agency (FEMA) approved emergency assistance through the Fire Management Assistance Grant Program (FM-5445-CA); and
On July 22, 2022, the Mariposa County Sheriff’s Office requested the mutual aid assistance of the Kerman Police Department, pursuant to the Law Enforcement Mutual Aid Plan to support law enforcement services in connection with the OAK FIRE.
The Kerman Police Department provided mutual aid assistance consisting of law enforcement personnel, equipment, and materials from (July 22, 2022 to August 1, 2022) to assist with law enforcement services in connection with the OAK FIRE.
Approval of the attached resolution will ratify the Memorandum of Agreement will permit the City of Kerman to be reimbursed for costs incurred in providing mutual aid. Since time was of the essence to return a fully executed agreement to receive funding reimbursement by September 21, 2022, it is now recommended that the City Council approve resolution ratifying the Memorandum of Agreement providing reimbursement of costs to provide mutual aid to Mariposa County for the Oak Fire.
FISCAL IMPACT:
Ratification of the Memorandum of Agreement will result in full cost recovery for Oak Fire mutual aid by the City of Kerman.
Attachments:
A. Resolution w/Exhibit
28 Section 5, Item D.
Attachment ‘A’
RESOLUTION 22- ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN RATIFIYING EXECUTION OF
MEMORANDUM OF AGREEMENT BETWEEN MARIPOSA COUNTY SHERIFF'S OFFICE AND THE CITY OF
KERMAN POLICE DEPARTMENT PERTAINING TO ASSISTANCE UNDER THE LAW ENFORCEMENT
MUTUAL AID PLAN
WHEREAS, on July 22, 2022, an extreme wildfire, fueled by heavy brush and low humidity, swept through the region commonly known as the OAK FIRE; and
WHEREAS, on July 23, 2022, the Federal Emergency Management Agency (FEMA) approved emergency assistance through the Fire Management Assistance Grant Program (FM-5445-CA); and WHEREAS, the Law Enforcement Mutual Aid Plan delineates the current state policy concerning law enforcement mutual aid; and
WHEREAS, the Law Enforcement Mutual Aid Plan provides a request for law enforcement mutual aid requires the approval of the chief law enforcement officer of the requesting jurisdiction; and WHEREAS, the Mariposa County Sheriff’s Office requested the mutual aid assistance of the Kerman Police Department to support law enforcement services in connection with the OAK FIRE; and WHEREAS, the Kerman Police Department provided mutual aid assistance consisting of law enforcement personnel, equipment, and materials from (July 22, 2022 to August 1, 2022) to assist with law enforcement services in connection with the OAK FIRE; and
WHEREAS, the Kerman Police Department agrees to document all of its mutual aid assistance costs related to the OAK FIRE as attachments to this MOA and submit to the Mariposa County Sheriff's Office as soon as practicable.
NOW, THEREFORE, the City Council of the City of Kerman resolves as follows:
1. The foregoing recitals are true and correct.
2. The City Council approves the ratification of the Memorandum of Agreement (MOA) by and between the City of Kerman and Mariposa County for reimbursement of expenses related to Mutual Aid and authorizes City Manager to execute the MOA (Exhibit “A”) Agreement.
3. This resolution shall be effective immediately.
29 Section 5, Item D.
The foregoing resolution was considered by the City Council of the City of Kerman at a regular meeting of said Council held on September 28, 2022, and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing resolution is hereby approved.
_____________________________
Gary Yep
Mayor
ATTEST:
_________________________
Marci Reyes
City Clerk
30 Section 5, Item D.
Exhibit ‘A’
MEMORANDUM OF AGREEMENT BETWEEN MARIPOSA COUNTY SHERIFF'S OFFICE AND THE KERMAN POLICE
DEPARTMENT PERTAINING TO ASSISTANCE UNDER THE LAW ENFORCEMENT MUTUAL AID PLAN WHEREAS, on July 22, 2022, an extreme wildfire, fueled by heavy brush and low humidity, swept through the region; and
WHEREAS, this fire consisted of the OAK FIRE; and
WHEREAS, on July 23, 2022, the Federal Emergency Management Agency (FEMA) approved emergency assistance through the Fire Management Assistance Grant Program (FM-5445-CA); and WHEREAS, the Law Enforcement Mutual Aid Plan is issued and revised under the authority of Sections 8550, 8569, 8615 through 8619, and 8668 of the California Government Code, the California Emergency Plan, and the Master Mutual Aid Agreement; and
WHEREAS, the Law Enforcement Mutual Aid Plan delineates the current state policy concerning law enforcement mutual aid; and
WHEREAS, the Law Enforcement Mutual Aid Plan describes the standard procedures used to acquire law enforcement mutual aid resources and the method to ensure coordination of law enforcement mutual aid planning and readiness; and
WHEREAS, the county sheriff is the Operational Area Law Enforcement and Mutual Aid Coordinator; and WHEREAS, Law Enforcement Mutual Aid Plan provides, in pertinent part, "When an emergency develops or appears to be developing which cannot be resolved by a law enforcement agency within an Operational Area, it is the responsibility of the Operational Area Mutual Aid Coordinator to provide assistance and coordination to control the problem;" and
WHEREAS, the Law Enforcement Mutual Aid Plan provides, in pertinent part, "A request for law enforcement mutual aid requires the approval of the chief law enforcement officer of the requesting jurisdiction;" and
WHEREAS, the Mariposa County Sheriff’s Office requested the mutual aid assistance of the Kerman Police Department, pursuant to the Law Enforcement Mutual Aid Plan to support law enforcement services in connection with the OAK FIRE; and
WHEREAS, the Kerman Police Department provided mutual aid assistance consisting of law enforcement personnel, equipment, and materials from (July 22, 2022 to August 1, 2022) to assist with law enforcement services in connection with the OAK FIRE; and
WHEREAS, the Kerman Police Department agrees to document all of its mutual aid assistance costs related to the OAK FIRE as attachments to this MOA and submit to the Mariposa County Sheriff's Office as soon as practicable; and
31 Section 5, Item D.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the Mariposa County Sheriff’s Office and the Kerman Police Department that the Mariposa County Sheriff’s Office may reimburse all reasonable costs associated with the Kerman Police Department law enforcement mutual aid assistance during the OAK FIRE.
Mariposa County Sheriff’s Office City of Kerman
By: __________________ By: ____________________
Name: Jeremy Briese Name: John Jansons
Title: Sheriff Title: City Manager
Date: _______________ Date: _______________
32 Section 5, Item D.
STAFF REPORT
MEETING DATE: September 28, 2022
PRESENTER: Marci Reyes, City Clerk
SUBJECT: Adopting Amendments to the Conflict of Interest Code RECOMMENDATION: Council by motion amend the Conflict of Interest Code and accept the 2022 Local Agency Biennial Notice.
EXECUTIVE SUMMARY:
The Political Reform Act requires local agencies to conduct a review of the code every two years.
The City has conducted a biennial review of its Conflict of Interest Code and does see a need for an amendment. A 2022 Local Agency Biennial Notice must be submitted to the City Council as the code reviewing body.
The City of Kerman adopted Conflict of Interest Codes in compliance with the Political Reform Act.
Pursuant Government Code Section 87300. The City Council is required every even numbered year to review its Biennial Conflict of Interest Code list of designated positions for changes.
The current code is more than five years old, and staff is recommending it be updated. Changes to the code are highlighted in the attached exhibit.
FISCAL IMPACT:
None
ATTACHMENTS:
A. Resolution w/Exhibit
33 Section 5, Item E.
Attachment ‘A’
RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN
ADOPTING AMENDMENTS TO THE CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to adopt and promulgate conflict of interest codes, and to conduct a biennial review and revise them if necessary; and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code which may be incorporated by reference in an agency’s code, and which may be amended by the FPPC to conform to amendments in the Political Reform Act, following public notice and hearings; and WHEREAS, the terms of 2 Cal. Code of Regs. 18730 and any amendment to it duly adopted by the FPPC have previously been incorporated by reference in Resolution 76-64, which, together with the list of designated positions and disclosure categories adopted from time to time by the City Council constitutes the Conflict of Interest Code for the City of Kerman; and
WHEREAS, the City has conducted its biennial review of the current Conflict of Interest Code which the City last reviewed in 2016 pursuant to Government Code Section 87300; and WHEREAS, the City has determined amendments to the Code are necessary in accordance with the applicable laws, regulations, and guidelines.
NOW, THEREFORE, BE IT RESOLVED THAT, having undertaken its biennial review of the City’s Conflict of Interest Code, the City Council hereby confirms that an amendment to the Code (Exhibit ‘A’) is required at this time and accepts the updated 2022 Local Agency Biennial Notice.
The foregoing resolution was approved and adopted by the City Council of the City of Kerman at a regular meeting held on the 28th day of September, 2022, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
____________________________
Gary Yep
Mayor
ATTEST:
___________________________
Marci Reyes
City Clerk
34 Section 5, Item E.
Exhibit ‘A’
CONFLICT OF INTEREST CODE OF THE CITY OF KERMAN
A. Purpose and Intent.
The City Council hereby intends to implement Government Code Section 87300 through 87313 pertaining to conflict of interest codes for local agencies.
B. Conflict of Interest Code.
The Political Reform Act (Government Code Sections 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission (FPPC) has adopted a regulation (2 Cal. Code of Regs. Section 18730) that contains the terms of a standard conflict-of-interest code that may be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the FPPC to conform to amendments in the Political Reform Act.
This is the Conflict of Interest Code of the City of Kerman. It consists of Sections A through G and in particular the terms of 2 California Code of Regulations Section 18730 and any amendments thereto duly adopted by the FPPC.
C. Public Officials Designated by Statute
The positions listed below are public officials designated by statute and are required to file with the FPPC a Statement of Economic Interests Form 700 pursuant to Government Code Section 87200.
Mayor
City Council Members
City Attorney
City Treasurer/Finance Director
Planning Commissioners
A copy of the Form 700 will be retained by the City. Notwithstanding this, for convenience the City of Kerman is also listing these officials in the Designated Positions described in Section 3 below and in Appendix A.
D. Designated Positions and Disclosure Categories
Persons holding positions listed as designated position under this section D shall file with the City Clerk a Statement of Economic Interests Form 700 upon assuming office, annually thereafter, and upon leaving office. Form 700s are public records and are available for public inspection and reproduction from the City Clerk. (Gov. Code Section 81008) The City Clerk is the Filing Officer.
35 Section 5, Item E.
The designated positions are set forth in Appendix A which is incorporated by reference to this Conflict of Interest Code. The Disclosure Categories are set forth in Appendix B which is incorporated by reference to this Conflict of Interest Code.
E. Prior Conflicts of Interest Codes Superseded.
The provisions of all Conflict of Interest Codes and amendments thereto previously adopted by the City are hereby superseded and have no further force and effect.
F. Effective Date.
This Conflict of Interest Code is deemed effective on September 28, 2022.
G. Appendices.
The following Appendices are incorporated herein by reference and deemed a part of this Conflict of Interest Code:
1. Appendix A: Designated Positions
2. Appendix B: Disclosure Categories
3. Appendix C: 2 California Code of Regulations Section 18730 It must be noted that Appendix C is the current version of regulation Section 18730 as described in Section B above. As stated, the FPPC may from time to time amend Section 18730 and for that reason, the FPPC website should be reviewed by persons in designated positions.
36 Section 5, Item E.
APPENDIX A TO CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS
Designated Positions Disclosure Categories
Mayor 1,2,3,4,5,6
City Council Members 1,2,3,4,5,6
Planning Commissioners 1,2,3,4,5,6
City Manager 1,2,3,4,5,6
Finance Director/City Treasurer 1,2,3,4,5,6
City Clerk 1,2,3,4,5,6
City Attorney 1,2,3,4,5,6
Public Works Director 1,2,3,4,5,6
Chief of Police 1,2,3,4,5,6
Community Services Director 1,2,3,4,5,6
Community Development Director 1,2,3,4,5,6
(Contract) City Engineer 1,2,3,4,5,6
Consultants *
* Consultants shall be included in the list of designated positions and shall disclose pursuant to the disclosure requirements in this code subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Sec. 81008.)
37 Section 5, Item E.
APPENDIX B TO CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES
Individuals holding designated positions must report their interests according to their assigned disclosure category (ies).
Disclosure Category 1
Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency; and investments and business positions in business entities, and income, including loans, gifts, and travel payments, from all sources.
Disclosure Category 2
Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency.
Disclosure Category 3
Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or equipment of the type utilized by the agency.
Disclosure Category 4
Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or equipment of the type utilized by the designated position’s division or department.
Disclosure Category 5
Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that filed a claim against the agency during the previous two years, or have a claim pending.
Disclosure Category 6
Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources of the type to request an entitlement to use agency property or facilities, including, but not limited to:
a license
a permit
38 Section 5, Item E.
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
39 Section 5, Item E.
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 40 Section 5, Item E.
3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
41 Section 5, Item E.
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
42 Section 5, Item E.
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:
1. A statement of the nature of the investment or interest; 43 Section 5, Item E.
6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
44 Section 5, Item E.
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 45 Section 5, Item E.
8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 46 Section 5, Item E.
9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 47 Section 5, Item E.
10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
48 Section 5, Item E.
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
49 Section 5, Item E.
12 (9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 50 Section 5, Item E.
13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
51 Section 5, Item E.
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
52 Section 5, Item E.
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
53 Section 5, Item E.
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 54 Section 5, Item E.
17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 55 Section 5, Item E.
18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 56 Section 5, Item E.
19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 57 Section 5, Item E.
20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 58 Section 5, Item E.
21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
59 Section 5, Item E.
STAFF REPORT
MEETING DATE: September 28, 2022
PRESENTER: John Jansons, City Manager
SUBJECT: Agreement Between the City and Yamabe and Horn Engineering Inc. for City Engineering Services (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving agreement between the City and Yamabe and Horn Engineering Inc., for City Engineering Services.
EXECUTIVE SUMMARY:
Yamabe & Horn has served as City Engineer for the City of Kerman pursuant to a contract since April 1, 1991.
Yamabe and Horn provides contract City Engineer services, engineering review of private developments and City capital improvement design, bidding and construction management services to Kerman. The current contract for services was entered in 2017 and amended in 2019.
The City is satisfied with the City Engineer services and rates provided by Yamabe & Horn and desires to continue to have Yamabe & Horn serve as contract City Engineer.
The Agreement presented as Exhibit ‘A’ to the attached resolution is for a five year period and may be amended from time to time to reflect the changing needs of the city and updated as needed.
This agreement will be administered for the City by the City Manager or City Manager’s designee.
FISCAL IMPACT:
The fee schedule for engineering services is attached as Exhibit ‘B’ to the agreement.
ATTACHMENTS:
A. Resolution w/Exhibit
60 Section 5, Item F.
Attachment ‘A’
RESOLUTION NO. 22-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING AGREEMENT BETWEEN CITY OF KERMAN AND YAMABE & HORN ENGINEERING, INC.
FOR CITY ENGINEER SERVICES
WHEREAS, the City of Kerman has historically contracted out its City engineering services to Yamabe & Horn Engineering, Inc. since 1991; and
WHEREAS, Yamabe & Horn is engaged in the business of furnishing technical and expert services for cities and other public entities and has served as City Engineer for the City of Kerman pursuant to a contract since 1991; and
WHEREAS, both parties have determined a need to update the most recent agreement entered in September 2017; and
WHEREAS, Yamabe & Horn hereby represents that it desires to perform and that it is professionally and legally capable of performing the services called for by the Agreement presented as Exhibit A; and WHEREAS, the City is satisfied with the City Engineer services provided by Yamabe & Horn and wishes to continue to have Yamabe & Horn services for City Engineer.
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Kerman does hereby find, resolve, and orders the following;
1. The foregoing recitals of fact are true and correct and incorporated herein.
2. The City Council of the City of Kerman hereby approves the agreement with Yamabe & Horn Engineering, Inc.
3. The City Council of the City of Kerman herby authorizes the City Manager to execute the agreement on behalf of the City.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 28th day of September 2022, and passed at said meeting by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing resolution is hereby approved:
_______________________
Gary Yep
ATTEST: Mayor
____________________
Marci Reyes
City Clerk
61 Section 5, Item F.
Exhibit ‘A’
AGREEMENT FOR CITY ENGINEER SERVICES
This Agreement for City Engineer Services (“Agreement”) is made and entered into effective the ______ day of ___________________, 2022, by and between the CITY OF KERMAN, a California municipal corporation (hereinafter referred to as “City”) and Yamabe & Horn Engineering, Inc. (hereinafter referred to as “Yamabe & Horn”).
RECITALS
A. The City of Kerman has historically contracted out its City general engineering services.
B. Yamabe & Horn is engaged in the business of furnishing technical and expert general engineering services for cities and other public entities and has served as City Engineer for the City of Kerman pursuant to a contract since 1991.
C. The parties have determined a need to update the most recent agreement entered in September of 2017.
D. Yamabe & Horn hereby represents that it desires to perform and that it is professionally and legally capable of performing the services called for by this Agreement.
E. The City is satisfied with the general engineering services provided by Yamabe & Horn and wishes to continue to have Yamabe & Horn provide general engineering services and act as City Engineer.
F.This Agreement will be administered for City by the City Manager or City Manager’s designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the terms and conditions hereinafter contained to be kept and performed by the respective parties, the parties mutually agree as follows:
1. Scope of Services.
Yamabe & Horn shall perform to the satisfaction of City the services described in EXHIBIT A, including work incidental to, or necessary to perform, such services even though not specifically described in EXHIBIT A, which is incorporated herein by reference as if fully set forth.
2. Licenses, Permits, Fees, and Assessments.
Yamabe & Horn represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the services required by this Agreement. Yamabe & Horn represents and warrants to City that Yamabe & Horn shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification or approval that is legally required for Yamabe & Horn to perform the services under this Agreement. Yamabe & Horn shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Yamabe & Horn’s performance of the Work and Services required by this Agreement, and shall indemnify, 62 Section 5, Item F.
defend, and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder.
3. Term of Agreement
This Agreement shall be effective from the date first set forth above (“Effective Date”) and shall continue in full force and effect for a five (5) year term, subject to any earlier termination in accordance with this Agreement. This term may be extended upon mutual agreement by both parties.
4. Compensation
Yamabe & Horn’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be in accordance with the Fee Schedule set forth in EXHIBIT B and incorporated herein by reference.
Yamabe & Horn’s Fee Schedule may be adjusted annually upon request by Yamabe & Horn and approval by the City Council.
Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable within thirty (30) days of receipt of such invoice.
5. Modification of Scope, Compensation, or Other Terms.
The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification may include an adjustment to Yamabe & Horn’s compensation. Any change in the scope of services or a fee schedule must be made by written amendment to the Agreement signed by an authorized representative for each party. Yamabe & Horn shall not be entitled to any additional compensation if services are performed prior to a signed written agreement.
6. Termination
Termination for Convenience.
Either party may terminate this Agreement at any time by giving notice of such termination (including the effective termination date) at least thirty (30) calendar days before the effective date of such termination. In the event of termination for convenience, all finished or unfinished documents and other materials as described in the Scope of Work become the property of City.
Termination for Cause.
If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), or other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions of this Agreement, dates, dollar amounts and other information relevant to the decision to terminate for cause.
63 Section 5, Item F.
In the event of termination, all finished or unfinished documents, reports, or other materials prepared by Yamabe & Horn under this Agreement shall become City’s property. Yamabe & Horn shall be entitled to receive compensation for all satisfactory work completed prior to the effective date of termination.
7. Coordination of Work.
Representative of Yamabe & Horn.
Jerry Jones is a principal of Yamabe & Horn and is hereby designated as being the principal and representative of Yamabe & Horn authorized to act in its behalf with respect to the services to be performed under this Agreement and to make all decisions in connection therewith. Jerry Jones, P.E. shall be the designated City Engineer on behalf of Yamabe & Horn for City. The designated City Engineer may not be changed without prior written approval of the City Manager.
City Manager.
It shall be Yamabe & Horn’s responsibility to ensure that the City Manager or designee is kept fully informed of the progress of the performance of the services, and Yamabe & Horn shall refer any decisions which must be made by the City to the City Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Manager.
8. Confidential Information, Ownership of Documents and Copyright License Any reports, information, or other data prepared or assembled by Yamabe & Horn pursuant to this Agreement shall not be made available to any individual or organization by Yamabe & Horn without the prior written approval of the City Manager. During the term of this Agreement, and thereafter, Yamabe & Horn shall not, without the prior written consent of City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of City, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary to City.
Any and all writings and documents prepared or provided by Yamabe & Horn pursuant to this Agreement are the property of City at the time of preparation and shall be turned over to City upon expiration or termination of the Agreement. Yamabe & Horn shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein.
9. Professional Skill
It is further mutually understood and agreed by and between the parties hereto that inasmuch as Yamabe & Horn represents to City that Yamabe & Horn is skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Yamabe & Horn to do and perform such services in a skillful manner and Yamabe & Horn agrees to thus perform the services. Therefore, any acceptance of such services by City shall not operate as a release of Yamabe & Horn from said professional standards. 64 Section 5, Item F.
10. Indemnification
Subject to the restrictions of California Civil Code section 2782.8, Yamabe & Horn shall indemnify and hold harmless City, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of action, liability, losses, costs or expenses for any damage due to the death or injury to any person and injury to property resulting from the Yamabe & Horn's negligence, recklessness, or willful misconduct, or the negligence, recklessness or willful misconduct of Yamabe & Horn's officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of Yamabe & Horn in the performance of this Agreement. Yamabe & Horn also agrees to pay a proportionate share of the costs of defense for such claims, demands, causes of action, liability, losses, costs or expenses to the extent of Yamabe & Horn's proportionate percentage of fault, or as otherwise required by section 2782.8.
The parties understand and agree that the duty of Yamabe & Horn to indemnify and hold harmless includes the duty to pay only a share of costs based upon Yamabe & Horn's proportionate share of fault as adjudged by a trier of fact
11. Insurance
Throughout the life of this Agreement, Yamabe & Horn shall pay for and maintain in full force and effect all insurance as required in EXHIBIT C.
If at any time during the life of the Agreement or any extension, Yamabe & Horn or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Yamabe & Horn shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Yamabe & Horn of its responsibilities under this Agreement.
This phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
The fact that insurance is obtained by Yamabe & Horn shall not be deemed to release or diminish the liability of Yamabe & Horn, including, without limitation, liability under the indemnity provisions of this Agreement.
The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Yamabe & Horn. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Yamabe & Horn, its principals, officers, agents, employees, persons under the supervision of Yamabe & Horn, vendors, suppliers, invitees, Yamabe & Horn’s, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
Upon request of City, Yamabe & Horn shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
65 Section 5, Item F.
12. Conflict of Interest and Non-Solicitation
Yamabe & Horn shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Yamabe & Horn shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Yamabe & Horn and the respective subcontractor(s) are in full compliance with all laws and regulations. Yamabe & Horn shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, Yamabe & Horn shall immediately notify City of these facts in writing.
In performing the work or services to be provided hereunder, Yamabe & Horn shall not employ or retain the services of any person while such person either is employed by City or is a member of the City Council, or a commission, or similar City body.
Yamabe & Horn represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefit hereunder.
Neither Yamabe & Horn, nor any of Yamabe & Horn’s subcontractors performing any services under this Agreement shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Agreement unless fully disclosed to and approved by the City Manager, in advance and in writing. Yamabe & Horn and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Agreement unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City under this provision, Yamabe & Horn shall remain responsible for complying with Section 12(a) above.
If Yamabe & Horn should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Yamabe & Horn shall include the provisions of this Section 12 in each subcontract and require its subcontractors to comply therewith.
13. Covenant Against Contingent Fees
Yamabe & Horn warrants that he has not employed or retained any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
14. General Terms
Except as otherwise provided by law, all notices expressly required of City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the City Manager or his/her designee.
66 Section 5, Item F.
Records of Yamabe & Horn’s expenses pertaining to the Agreement shall be kept on a generally recognizable accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of Yamabe & Horn pertaining to the services provided under this Agreement shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. This Section 14(b) shall survive expiration or termination of this Agreement.
Prior to execution of this Agreement by City, Yamabe & Horn shall have provided evidence to City that Yamabe & Horn is licensed to perform the services called for by this Agreement (or that no license is required). If Yamabe & Horn should subcontract all or any portion of the work or services to be performed under this Agreement, Yamabe & Horn shall require each subcontractor to provide evidence to City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.
15. Nondiscrimination
To the extent required by controlling federal, state, and local law, Yamabe & Horn shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran, or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, Yamabe & Horn agrees as follows:
Yamabe & Horn will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
Yamabe & Horn will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, and ethnicity, status as a disabled veteran or veteran of the Vietnam era.
Yamabe & Horn will ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, and ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Yamabe & Horn’s employment practices including, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Yamabe & Horn agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
16. Independent Contractor
In the furnishing of the services provided for herein, Yamabe & Horn is acting solely as an independent contractor. Neither Yamabe & Horn, nor any of its officers, agents, or employees shall be deemed an officer, 67 Section 5, Item F.
agent, employee, joint venture, partner, or associate of City for any purpose. City shall have no right to control or supervise or direct the manner or method by which Yamabe & Horn shall perform its work and functions.
However, City shall retain the right to administer this Agreement so as to verify that Yamabe & Horn is performing its obligations in accordance with the terms and conditions thereof.
This Agreement does not evidence a partnership or joint venture between Yamabe & Horn and City. Yamabe & Horn shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Yamabe & Horn shall bear its own costs and expenses in pursuit thereof.
Because of its status as an independent contractor, Yamabe & Horn and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. Yamabe & Horn shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare, and retirement benefits. In addition, together with its other obligations under this Agreement, Yamabe & Horn shall be solely responsible, indemnify, defend, and save City harmless from all matters relating to employment and tax withholding for and payment of Yamabe & Horn’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, Yamabe & Horn may be providing services to others unrelated to City or to this Agreement.
17. Notices.
Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party which notice is to be given at the party’s address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of mailing thereof.
18. Assignment
This agreement is personal to Yamabe & Horn and there shall be no assignment by Yamabe & Horn of its rights of obligations under this Agreement without the prior written approval of the City Manager or her designee. Any attempted assignment by Yamabe & Horn, its successors or assigns, shall be null and void unless approved in writing by the or his/her designee.
Yamabe & Horn hereby agrees not to assign the payment of any monies due Yamabe & Horn from City under the terms of this Agreement to any other individual(s), corporation(s), or entity(ies). City retains the right to pay any and all monies due Yamabe & Horn directly to Yamabe & Horn. 68 Section 5, Item F.
19. Compliance With Law
In providing the services required under this Agreement, Yamabe & Horn shall at all times comply with all applicable laws of the United States, the State of California, and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
20. Waiver
The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
21. Governing Law and Venue
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.
22. Headings
The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.
23. Severability
The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.
24. Interpretation
The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
25. Attorneys’ Fees
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.
26. Exhibits
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
69 Section 5, Item F.
27. Precedence of Documents
In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement shall be null and void.
28. Cumulative Remedies
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
29. No Third Party Beneficiaries
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
30. Extent of Agreement
Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral.
This Agreement may be modified only by written instrument duly authorized and executed by both City and Yamabe & Horn.
31. Contact Information.
The following constitutes contact information for the parties:
CITY: ` YAMABE & HORN:
City of Kerman Yamabe & Horn Engineering, Inc.
Attn: John Jansons, City Manager Attn: Jerry Jones
850 S. Madera Ave 2985 N. Burl Ave, Ste. 101
Kerman, CA 93630 Fresno, CA 93727
Phone: 559-846-9450 Phone: 559-244-3123
Fax: 559-846-6199 Fax: 559-244-3120
Email: [email protected] Email: [email protected] [SIGNATURES ON NEXT PAGE]
70 Section 5, Item F.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above.
CITY OF KERMAN, a California municipal corporation YAMABE & HORN ENGINEERING, INC. a corporation
Name: John Jansons Name: Jerry Jones
Title: City Manager Title: President
Date: _________________________ Date: _________________________ ATTEST:
_______________________
Marci Reyes, City Clerk
APPROVED AS TO FORM:
________________________
City Attorney
Any Applicable Professional License:
Number:
Name:
Date of Issue:
Attachments:
Exhibit A – Scope of Services
Exhibit B – Fee Schedule
Exhibit C – Insurance Requirements (to be included at execution of agreement) 71 Section 5, Item F.
EXHIBIT ‘A’
SCOPE OF SERVICES
General Services and Project Management.
• Serves as the City Engineer
• Manages all aspects of civil engineering, plan checking, development conditions and capital project management for the City.
• Reviews all matters pertaining to engineering to ensure that undertakings proposed and implemented by the City and others are done in a manner that protects the City’s interest and are in keeping with City goals, specifications and practices as well as with local, state and federal laws. • Assists in planning, coordinating, supervising and evaluating programs, plans, services, equipment and infrastructure.
• Develops and recommends policies and procedures for effective operation of the City consistent with City policies and relevant laws, rules and regulations and ensures Councils actions are implemented. • Evaluates the City’s needs and formulates short and long-range plans to meet needs in all areas of Public Works improvements, including streets, water, and sewer, storm drainage, street lights, parks and facilities.
• Provides engineering services on projects and oversees project management for the construction of municipal Public Works projects.
• Makes presentations to the public, City Council and commissions. • Be available to the public and private developers to handle matters dealing with the engineering functions of City government.
• Prepares reports, investigations, studies and evaluations as, from time to time, may be required and directed by the City Manager or his/her designee.
• Performs other engineering related functions as directed by the City Manager or his/her designee • Advises the City as to engineering and construction financing available from other government agencies, and when so directed, prepare and initiate applications for funding • Assists administrative staff in management of records relating to engineering. Serves as liaison to the Public Works Director for engineering related matters. Provides public information regarding municipal engineering matters.
• Prepares capital improvement projects, improvement plans, specifications, bid documents and public improvement project management.
• Reviews and evaluates bid submittals.
72 Section 5, Item F.
• Provides construction observation and management during the course of City projects. Acts as Resident Engineer. Assists with inspection, approval of payments, cost estimating, filing of notices and other related tasks.
• Coordinates activities with other departments and outside agencies to obtain various approvals and agreements such as environmental clearances, permits, land acquisitions and rights-of-way for assigned engineering projects.
• Under general direction, plans, organizes and administers real property program for the acquisition and disposition of City owned property as it relates to engineering projects. • Negotiates land acquisitions, disposition, easements, agreements, leases and other assorted property rights as it relates to engineering projects.
• Coordinates appraisal of residential, commercial, industrial and agriculture properties for acquisition, disposition, lease etc., as it relates to engineering projects.
Development Review Function.
• Reviews land use applications and construction plans for private developments for consistency with City adopted engineering specifications, City policies and relevant laws, rules and regulations and ensures council actions are implemented.
• Performs statutory functions of the City Engineer pertaining to the review and checking of lot line adjustments, parcel and tracts maps, including tentative, final and vesting maps. Ensure map conformance with State Subdivision Map Act and City ordinances. • Ensures that costs and fees are charged back to development projects, works with the Planning Department to monitor charges and revenues associated with development projects. • Provides a “turn around” checking time for maps and improvement plans generally not to exceed four weeks (larger, complex development projects may necessitate increased plan check time to be mutually agreed upon by Parties) for the first plan check after the application has been determined complete.
• Establishes performance, labor and material bond amounts when required and ensures the posting of such bonds with the proper time sequence of such development control. • Provides necessary and related functions as are the normal practice of the City Engineer in control of private development.
• Upon request of City, provides inspection services for improvements constructed as part of private development.
Performs other engineering related functions as directed by the City Manager or his/her designee 73 Section 5, Item F.
Major Engineering Projects
This Agreement contemplates Major Engineering Projects requiring engineering studies, master plans, and master reports. Yamabe & Horn may not commence any such work until authorized to proceed. It is also understood that City may in its sole discretion determine to engage other engineers for such projects. # # # END OF EXHIBIT A # #
74 Section 5, Item F.
EXHIBIT ’B’
CITY OF KERMAN FEE SCHEDULE
GENERAL ENGINEERING SERVICES
75 Section 5, Item F.
STAFF REPORT
MEETING DATE: September 28, 2022
PRESENTER: Jerry Jones, City Engineer
SUBJECT: Continued Public Hearing and Adoption of Resolution Authorizing the Submission of an Application for Community Development Block Grant funds for Fiscal Year 2023-2024 for the Plaza Veterans Park Restroom (JJ)
RECOMMENDATION: Council continue Public Hearing and adopt resolution authorizing the submission of an application for Community Development Block Grant funds for Fiscal Year 2023- 2024 for the Plaza Veterans Park Restroom Building.
EXECUTIVE SUMMARY:
The scheduled public hearing on September 14, 2022, was continued by the Council to September 28, 2022, due to technical difficulties with the audio equipment; participates attending the meeting via Zoom were unable to participate in the public hearing.
The City of Kerman receives an annual allocation of Federal Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) through an agreement with the County of Fresno (County). The City’s funding allocation for FY 2023-2024 is $140,000. Staff submitted an application for the replacement of the restroom building at Plaza Veterans Park to the County for eligibility approval. The County has determined that the proposed Project is eligible.
The County receives an annual allocation of CDBG funds from HUD and, through an agreement with local participating Cities, makes a portion of the CDBG funds available to each City. The City’s FY 2023- 2024 funding allocation is $140,000. Projects for which CDBG funds can be used must benefit areas within the City with at least 51 percent low to moderate income households, senior citizens, or persons with disabilities.
The proposed Project is the replacement of the existing restroom building at Plaza Veterans Park with a prefabricated restroom building. The Project will also include the modification and/or replacement of the necessary utility services to serve the building and any required concrete flatwork. This Project is located within an eligible area, with over 73 percent of the area being low to moderate income households. A preliminary application for the proposed Project was submitted to the County for verification of project eligibility and the County has determined the Project to be eligible for funding.
A Public Hearing is required to be held to allow interested citizens the opportunity to comment on projects or activities submitted for CDBG funding. The Notice of Public Hearing was published in the Kerman News on August 31, 2022, and posted at City Hall. 76 Section 6, Item A.
FISCAL IMPACT:
The total estimated cost of the project is $170,200. The City’s FY 2023-2024 CDBG funding allocation is $140,000. The additional $30,200 is proposed to be funded from the General Fund.
ATTACHMENTS:
A. Resolution
77 Section 6, Item A.
Attachment ‘A’
RESOLUTION NO. 22-__
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF KERMAN AUTHORIZING SUBMISSION OF APPLICATION FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
FOR FISCAL YEAR 2023-2024
WHEREAS, a Notice of Public Hearing was published in the Kerman News on August 31, 2022; and; WHEREAS, the City Council held a Public Hearing to discuss an application for Community Development Block Grant (CDBG) Funds for Fiscal Year 2023-2024 on September 14, 2022; and WHEREAS, the City Council received a report from the City Engineer and the Community Services Director identifying the need for replacement of the restroom building at Plaza Veterans Park.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN RESOLVES AS FOLLOWS:
1. Submission of an application for CDBG Funds for 2023-2024 to the County of Fresno for a replacement restroom building at Plaza Veterans Park is hereby authorized.
2. The City Manager is authorized to sign all application documents and funding agreements pertaining to said project.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 28th day of September 2022, and passed at said meeting by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing resolution is hereby approved.
_________________________
Gary Yep
Mayor
ATTEST:
_________________________
Marci Reyes
City Clerk
78 Section 6, Item A.