Agenda packet — Kerman City Council, September 13, 2023

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, September 13, 2023 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

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. Swearing In of Steve Wilkins, Chief of Police
B. Proclamation - National Hispanic Heritage Month - September 15 - October 15, 2023

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 CALENDAR
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 - August 23, 2023 (MR)
RECOMMENDATION: Council approve minutes as presented
B. SUBJECT: Payroll (JA)
07/23/23 - 08/05/23; $185,462.24; Retro Pay & Other: $1,362.42; Overtime: $11,351.15; Holiday Pay: -$90.10; Standby: $1,703.08; Comp Time Earned: 40.75 08/06/2023 - 08/19/2023: $184,015.25; Retro Pay & Other: $0.00; Overtime: $12,858.96; Standby: $809.76; Comp Time Earned: 101.50
RECOMMENDATION: Council approve payroll as presented.

C. SUBJECT: Warrants (JA)

1. Nos. 27469-27561 $407,938.51 ACH $54,116.00
RECOMMENDATION: Council approves warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
D. SUBJECT: Monthly Investment Report (JA)
RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Award of Contract for Fiscal Year 22/23 Street Rehabilitation Project to AJ Excavation, Inc. (JJ)
RECOMMENDATION: Council by motion adopt resolution awarding contract for Fiscal Year 22/23 Street Rehabilitation Project to AJ Excavation, Inc. in the amount of $1,039,350.00 and authorize the City Manager to sign the contract.

F. SUBJECT: Award of Contract for Fiscal Year 22/23 Street Sealing Project to VSS International, Inc. (JJ)
RECOMMENDATION: Council by motion adopt resolution awarding contract for Fiscal Year 22/23 Street Sealing Project to VSS International, Inc. in the amount of $1,030,120.00 and authorize the City Manager to sign contract.
2 G. SUBJECT: Award of Contract for the Lions Park Recharge Project to DG Construction Inc. (JJ) RECOMMENDATION: Council by motion adopt resolution awarding contract for the Lions Park Recharge Project to DG Construction Inc. in the amount of $222,770.00 and authorize the City Manager to sign the contract.

H. SUBJECT: Resolution Accepting Improvements and Authorizing Filing of the Notice of Completion for Tract No. 6236 Neighborhood Park (JJ)
RECOMMENDATION: Council by motion adopt resolution accepting improvements for Tract No. 6236 Neighborhood Park and authorizing the City Engineer to record the Notice of Completion.

6. PUBLIC HEARINGS - None

7. DEPARTMENT REPORTS
A. SUBJECT: Approving Application to the California Strategic Growth Council’s Community Resilience Centers Grant Program (TJ)
RECOMMENDATION: Council by motion adopt resolution approving application for grant funds to the Strategic Growth Council Community Resilience Centers Grant Program B. SUBJECT: Authorization for Purchase of Real Property APNs 023-204-14SU, 023-204-16SU and 023-20409 for new Community Public Safety Center (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving the Purchase and Sale Agreement and Joint Escrow instruction for real property known as the land, building and improvements, identified as APN 023-204-14SU, 023-204-16SU Annex) and an unimproved lot compromised of approximately 6,000 square feet, identified as APN 023-204-06 (Lot) from the Barcus Family Limited Partnership, a California limited partnership (Barcus FLP) and S & K Moran Family Limited Partnership, a California limited partnership in the amount of $2,945,740.00 subject to Planning Commission’s finding of conformity with the General Plan.

C. SUBJECT: Overview of Reedley Lab (JAJ)
RECOMMENDATION: Council review materials regarding the Reedley Lab situation and provide any direction to Staff and City Attorney regarding bio-labs and hazardous materials.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items at the request of any one Council Member, and (iv) to take action on matters initiated under this section of the agenda. (Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.) 3 10. CLOSED SESSION - None

11. ADJOURNMENT
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.net or upon request by emailing the City Clerk at [email protected] or calling (559) 846-9380. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please contact the City Clerk at (559) 846-9380 or email at [email protected] so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. The meeting room is accessible to persons with physical disabilities.

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.net.

Date: September 13, 2023 /s/ Marci Reyes, City Clerk
4 NATIONAL HISPANIC HERITAGE MONTH
WHEREAS, National Hispanic Heritage month celebrates the culture, heritage and countless contributions of those whose ancestors were indigenous to North America as well as those who came from Mexico, Central America and South America; and
WHEREAS, the objectives of National Hispanic Heritage Month are to create a greater awareness of contributions to American culture, to illustrate the diversity of the Hispanic community, and to encourage a greater curiosity within young people about the history and cultural heritage of Hispanics; and
WHEREAS, Hispanics have made positive contributions to our community in many ways: as drivers of our economy as business owners, workers and entrepreneurs; as contributors to our academic environment as teachers and professors; as protectors of our health and well-being as nurses, doctors, police officers, firefighters, caretakers and childcare workers; as advocates for social equality and justice through civic leadership; as elected and public officials in our government; and through cultural enrichment as artists, singers, musicians, performers and writers; and WHEREAS, the City Council takes pride in the growing diversity of our community and encourages all residents to learn more about the rich culture, traditions and history of Hispanics and celebrate the valuable contributions Hispanics have made to the growth, prosperity and well-being of our region.

THEREFORE, BE IT RESOLVED that the City Council of the City of Kerman in deep appreciation to the diverse Hispanic population of our community, hereby proclaim September 15 through October 15, 2023, as National Hispanic Heritage Month.

I have hereunto set my hand and caused the Official Seal of the City of Kerman to be affixed on this 13th day of September 2023.
________________________
Maria Pacheco
Mayor
5 Section 3, Item B.

CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, August 23, 2023 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Welcome – Mayor
B. Call to Order - 6:01 p.m.

C. Roll Call
PRESENT: Mayor Maria Pacheco, Council Member Gary Yep, Council Member Jennifer Coleman, Council Member Ismael Herrera arrived at 6:04 p.m., Mayor Pro Tem Bill Nijjer arrived at 6:14 p.m.

D. Invocation - City Clerk
E. Pledge of Allegiance – Performed

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion made by Council Member Yep, Seconded by Council Member Coleman. Voting Yea:

Mayor Pacheco, Council Member Yep, Council Member Coleman, Council Member Herrera; Absent Mayor Pro Tem Nijjer

3. PRESENTATIONS/CEREMONIAL MATTERS – None

4. REQUEST TO ADDRESS COUNCIL
Mercedes Garcia

5. CONSENT CALENDAR
Motion made by Council Member Yep, Seconded by Council Member Coleman. Voting Yea:

Mayor Pacheco, Council Member Yep, Council Member Coleman, Council Member Herrera; Absent Mayor Pro Tem Nijjer
A. SUBJECT: Minutes - August 9, 2023 (MR)
RECOMMENDATION: Council approve minutes as presented.
6 Section 5, Item A.

B. SUBJECT: Payroll (JA)
07/09/23 - 07/22/23: $185,533.65; Retro Pay & Other: $1,718.12; Overtime: $6,619.89; Standby: $2,105.69; Comp Time Earned: 72.25
RECOMMENDATION: Council approve payroll as presented.

C. SUBJECT: Warrants (JA)

1. Nos. 27366-27468 $689,672.97 ACH $50,628.03
RECOMMENDATION: Council approves warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
D. SUBJECT: Monthly Investment Report (JA)
RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Approving Contract with Industrial Control & Design, Inc. for Programmable Logic Controller, Human Machine Interface Upgrades, and Chlorine Pump Integration for Well Sites 9A, 14, and 17 (MB)
RECOMMENDATION: Council by motion adopt resolution approving contract with Industrial Control & Design, Inc. for Programmable Logic Controller, Human Machine Interface upgrades and Chlorine Pump Integration at Well Sites 9A, 14, and 17 in the amount of $57,626.99. Res 23-68
F. SUBJECT: Second Reading and Adoption of Ordinances Relating to Expedited Permit Process for Small Residential Rooftop Solar Systems – Repeal and Amendment of Current Ordinances and Consideration of New Ordinance (JRO)
RECOMMENDATIONS: Staff recommends Council by motion:

Waive full reading and adopt Ordinance Text Amendment 2023-03 repealing Chapter

17.94 related to Expedited Permit Process for Small Residential Rooftop Solar Systems from Title 17 of the Kerman Municipal Code; and
Ord 23-06
Waive full reading and adopt Ordinance Text Amendment 2023-04 amending Section

15.04.090 of Chapter 15.04, repeal the current Chapter 15.24, and add a new Chapter

15.24 to Title 15 of the Kerman Municipal Code relating to Expedited Permit Process for Small Residential Rooftop Solar Systems
Ord 23-07
7 Section 5, Item A.

6. PUBLIC HEARINGS – None

7. DEPARTMENT REPORTS
A. SUBJECT: Second Amendment to Employment Agreement with City Manager (HM) RECOMMENDATION: Council is asked to consider and determine whether to adopt a resolution approving a Second Amendment to Employment Agreement with City Manager increasing salary and vacation accrual.

Motion made by Council Member Yep, Seconded by Council Member Herrera.Voting Yea:

Mayor Pacheco, Council Member Yep, Mayor Pro Tem Nijjer, Council Member Coleman, Council Member Herrera - Res 23-69
B. SUBJECT: Resolution Accepting Improvements and Authorizing Filing of the Notice of Completion for Tract No. 6302 (JJ)
RECOMMENDATION: Council by motion adopt the resolution accepting the improvements for Tract No. 6302 and authorizing the City Engineer to record the Notice of Completion.

Motion made by Council Member Herrera, Seconded by Council Member Coleman. Voting Yea: Mayor Pacheco, Council Member Yep, Mayor Pro Tem Nijjer, Council Member Coleman, Council Member Herrera - Res 23-70
C. SUBJECT: Traffic Committee Meeting Update (JJ)
RECOMMENDATION: Informational only.

D. SUBJECT: New Website Introduction (MR)
RECOMMENDATION: Informational only.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS

10. CLOSED SESSION
Recessed 7:05 p.m. Council Member Coleman recuse from Item 10.C. due to husband employed by police department.

Reconvened 8:07 p.m. No reportable action
A. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator APN: 025-140-28ST City Negotiator: City Manager, John Jansons Negotiation Parties: Megan Wisley
Under Negotiation: Price and Terms
8 Section 5, Item A.

B. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 Property: APN 023-204-14SU Property: APN 023-204-16SU
City Negotiator: John Jansons, City Manager
Negotiation Parties: S&K Moran Family LLP
Under Negotiation: Price and Terms
C. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Eric Antuna, Appellant v. City of Kerman, Respondent
Court of Appeal, Fifth Appellate District Case No. F086661

11. ADJOURNMENT - 8:08 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.

Date: August 24, 2023
____________________
Marci Reyes
City Clerk
9 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 $ 3,748.31 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,748.31 0.00 Camacho, Josie $ 2,576.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,576.92 0.00 Cheema, Akayla $ 2,415.23 $ - 10.45 $ 470.22 0.00 $ - 0.00 $ - $ 2,885.45 0.00 Gonzalez, Diana $ 3,641.16 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,641.16 0.00 Jansons, John $ 6,678.60 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 6,678.60 0.00 Linares, Vanessa $ 1,793.69 $ - 4.12 $ 133.39 0.00 $ - 0.00 $ - $ 1,927.08 0.00 Lopez, Jacqueline $ 2,386.77 $ 261.93 0.00 $ - 0.00 $ - 0.00 $ - $ 2,648.70 5.25 Mendoza Hernandez, Ariana $ 1,972.77 $ - 5.50 $ 210.30 0.00 $ - 0.00 $ - $ 2,183.07 0.00 Mendoza, Gabriela $ 2,169.85 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,169.85 0.00 Reyes, Marcia $ 3,853.38 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,853.38 0.00 Sandoval, Veronica $ 1,604.00 $ 66.46 0.00 $ - 0.00 $ - 0.00 $ - $ 1,670.46 2.25 TOTAL $ 32,840.69 $ 328.39 20.07 $ 813.91 0.00 $ - 0.00 $ - $ 33,982.99 7.50

REC/SOCIAL
Acosta, Marco $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Acosta-Parra, Melany $ 604.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 604.50 0.00 Aguilar, Corina $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Argumedo-Vargas, Frank $ 600.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 600.00 0.00 Arredondo, Raquel $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Barrett, Shannon $ 1,720.15 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,720.15 0.00 Beltran, Isabelle $ 384.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 384.00 0.00 Brar, Manreet $ 604.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 604.50 0.00 Burdine-Slaven, Jeanna $ 2,304.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,304.92 0.00 Campos, Isaiah $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Chouhan, Arnoop $ 620.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 620.00 1.00 Chouhan, Gurnoor $ 620.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 620.00 2.00 Cruz Paramo, Xitlali $ 472.75 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 472.75 3.00 Diaz, Keren $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Escamilla, Paloma $ 612.25 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 612.25 0.00 Flores, Haley $ 1,806.00 $ 77.26 0.00 $ - 0.00 $ - 0.00 $ - $ 1,883.26 0.00 Garcia, Anthony $ 1,475.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,475.08 0.00 Gonzalez Corrales, Aleena $ 542.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 542.50 0.00 Hurlbert, Ronald $ 596.75 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 596.75 0.00 Jauriqui, Jose $ 594.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 594.00 0.00 Johnson, Theresa $ 3,343.54 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,343.54 0.00 Kobzeff, Julia $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lemm, Brent $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lemm, Kylie $ 204.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 204.00 1.00 Lopez, Robert $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lua, Daniela $ 532.13 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 532.13 0.00 Lua, Joshua $ 715.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 715.50 0.00 Lua, Miguelangel $ 564.69 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 564.69 0.00 Lujan, Vanessa $ 323.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 323.00 0.00 Marquez, Nicolas $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Martinez, Aylah $ 862.13 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 862.13 0.00 Martinez, Jeness $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Naranjo, Alexander $ 368.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 368.00 0.00 Nazaroff, Rebekah $ 300.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 300.00 0.00 Negrete, Dean $ 1,626.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,626.00 0.00 Neuwirth, Steven $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Pena, Alexis $ 542.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 542.50 0.00 Pena, Mercedes $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Ruiz, Rosalba $ 627.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 627.00 0.00 Salvador, Mark $ 2,995.89 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,995.89 0.00 OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: July 23, 2023 - August 05, 2023

Page 1 of 3 ends

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 OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: July 23, 2023 - August 05, 2023
Sidhu, Nirmal $ 2,106.14 $ - 2.00 $ 105.31 0.00 $ - 0.00 $ - $ 2,211.45 0.00 Silva, Jessica $ 372.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 372.00 0.00 Torres, Samantha $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Tovar, Jessica $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Villarreal, Arlene $ 2,236.62 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,236.62 0.00 TOTAL $ 31,276.53 $ 77.26 2.00 $ 105.31 0.00 $ - 0.00 $ - $ 31,459.09 7.00 POLICE
Antuna, Miguel $ 2,781.91 $ - 29.50 $1,465.47 0.00 $ - 0.00 $ - $ 4,247.39 0.00 Arciga, Jose $ 2,878.88 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,878.88 8.25 Barbosa, Isaias $ 2,974.35 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,974.35 0.00 Barcoma, Wilbert $ 5,051.59 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 5,051.59 0.00 Barra, Brenden $ 2,277.26 $ - 39.00 $1,542.42 0.00 $ - 0.00 $ - $ 3,819.68 0.00 Belding, Jeff $ 3,789.47 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,789.47 0.00 Castro, Jaclynn $ 2,181.88 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,181.88 4.50 Chapman, Tom $ 3,692.44 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,692.44 0.00 Clark, Patrick $ 2,511.53 $ 956.77 36.00 $1,614.56 0.00 $ - 0.00 $ - $ 5,082.86 4.50 Coronado, Krystal $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Corrales, Edith $ 1,560.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,560.00 0.00 Cubillos, Theresa $ 2,833.43 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,833.43 2.25 Garcia, Andrew $ 2,119.38 $ - 24.00 $ 908.31 0.00 $ - 0.00 $ - $ 3,027.69 0.00 Gempis, Danzel $ 1,922.31 $ - 2.00 $ 45.77 0.00 $ - 0.00 $ - $ 1,968.08 0.00 Gutierrez, Gloria $ 25.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 25.00 0.00 Inthasone, Bryant $ 2,018.31 $ - 0.00 $ - -7.50 $ (90.10) 0.00 $ - $ 1,928.20 0.00 Irazoqui, Mario $ 1,836.96 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,836.96 0.00 Lopez, Matt $ 892.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 892.50 0.00 Lozano, Daniel $ 1,559.30 $ - 1.00 $ 29.24 0.00 $ - 0.00 $ - $ 1,588.54 0.00 Lozano, Patricia $ 1,353.23 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,353.23 0.00 Mendoza, Sandra $ 3,160.64 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,160.64 0.00 Molina, Jesus $ 2,478.12 $ - 7.50 $ 219.03 0.00 $ - 0.00 $ - $ 2,697.15 0.00 Quintanilla, Rodolfo $ 2,131.27 $ - 2.00 $ 49.26 0.00 $ - 0.00 $ - $ 2,180.52 0.00 Roth, Adriana $ 2,131.27 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,131.27 6.75 Ruiz, Jose $ 2,131.27 $ - 42.00 $1,551.58 0.00 $ - 0.00 $ - $ 3,682.84 0.00 Vasquez, Francisco $ 1,995.37 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,995.37 0.00 Velez, Bernice $ 1,686.52 $ - 1.50 $ 47.43 0.00 $ - 0.00 $ - $ 1,733.95 0.00 TOTAL: $ 59,974.19 $ 956.77 184.50 $7,473.06 -7.50 $ (90.10) 0.00 $ - $ 68,313.92 26.25

PUBLIC WORKS
Arrellano, Antonio $ 1,843.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,843.08 0.00 Barajas, Michael $ 3,583.56 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,583.56 0.00 Camacho, Armando $ 1,843.08 $ - 22.00 $ 829.30 0.00 $ - 32.00 $ 717.23 $ 3,389.61 0.00 Castro, Joseph $ 3,033.21 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,033.21 0.00 Cervantes, Pedro $ 1,525.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,525.08 0.00 Cruz-Villalobos, Eulises $ 652.40 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 652.40 0.00 Garcia, Destiny $ 1,757.23 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,757.23 0.00 Garcia, Guadalupe $ 1,490.05 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,490.05 0.00 Gastelum, Humberto $ 2,995.89 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,995.89 0.00 Gutierrez Olivarez, Norberto $ 774.46 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 774.46 0.00 Hernandez, Julian $ 1,843.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,843.08 0.00 Isaak, Denise $ 2,236.62 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,236.62 0.00 Jimenez, Gabriela $ 1,547.23 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,547.23 0.00 Kaur, Harmeen $ 2,174.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,174.00 0.00 Lopez, Josue $ 1,837.54 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,837.54 0.00 Martinez, Jaime $ 1,174.32 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,174.32 0.00

Page 2 of 3 ends

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 OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: July 23, 2023 - August 05, 2023
Morales, Andres $ 1,757.69 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,757.69 0.00 Ortiz, Carlos $ 1,960.31 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,960.31 0.00 Perez, Ruben Lopez $ 1,819.38 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,819.38 0.00 Ramirez, Manuel $ 2,707.51 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,707.51 0.00 Rivera, Coty $ 2,109.23 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,109.23 0.00 Rivera, Hector $ 945.98 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 945.98 0.00 Sanchez, Daniel $ 2,694.55 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,694.55 0.00 Soto, Samuel $ 1,837.54 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,837.54 0.00 Tinoco, Alfonso $ 2,514.62 $ - 41.50 $2,129.58 0.00 $ - 32.00 $ 985.85 $ 5,630.04 0.00 Valdivia, Blanco $ 945.98 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 945.98 0.00 TOTAL $ 49,603.60 $ - 63.50 $2,958.88 0.00 $ - 64.00 $ 1,703.08 $ 54,265.56 0.00

PLANNING
Belmonte, Ruth $ 2,464.77 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,464.77 0.00 Campos, Manuel $ 1,802.46 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,802.46 0.00 Meza, Isela $ 928.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 928.00 0.00 Orozco, Jesus $ 3,763.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,763.92 0.00 Padilla, Ruth $ 2,183.08 $ - 0.00 $ - 0.00 $ - 1.00 $ - $ 2,183.08 0.00 TOTAL $ 11,142.23 $ - 0.00 $ - 0.00 $ - 1.00 $ - $ 11,142.23 0.00

PLANNING COUNCIL
Bandy, R $ - Yep, G $ 125.00
Molloy, Cory $ - Herrera, I $ 125.00
Nehring, K $ - Nijjer, B $ 125.00
Nunez, M $ - Coleman, J $ 125.00
Felker, R $ - Pacheco, M $ 125.00
Bishop, S $ -
Villar, V $ -
Total $ - Total $ 625.00
GRAND TOTAL: $185,462.24 $1,362.42 270.07 $11,351.15 -7.50 -$90.10 65.00 $1,703.08 $ 199,788.79 40.75

Page 3 of 3 ends

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

ADMINISTRATION
Alvarez, Josefina $ 3,748.31 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,748.31 0.00 Camacho, Josie $ 2,576.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,576.92 13.13 Cheema, Akayla $ 2,415.23 $ - 10.45 $ 470.22 0.00 $ - 0.00 $ - $ 2,885.45 0.00 Gonzalez, Diana $ 3,641.16 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,641.16 0.00 Jansons, John $ 6,678.60 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 6,678.60 0.00 Linares, Vanessa $ 1,793.69 $ - 1.54 $ 49.91 0.00 $ - 0.00 $ - $ 1,843.61 0.00 Lopez, Jacqueline $ 2,386.77 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,386.77 0.00 Mendoza Hernandez, Ariana $ 1,972.77 $ - 6.75 $ 243.35 0.00 $ - 0.00 $ - $ 2,216.12 0.00 Mendoza, Gabriela $ 2,169.85 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,169.85 0.00 Reyes, Marcia $ 3,853.38 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,853.38 0.00 Sandoval, Veronica $ 1,604.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,604.00 1.88 TOTAL $ 32,840.69 $ - 18.74 $ 763.48 0.00 $ - 0.00 $ - $ 33,604.17 15.00

REC/SOCIAL
Acosta, Marco $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Acosta-Parra, Melany $ 557.23 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 557.23 0.00 Aguilar, Corina $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Argumedo-Vargas, Frank $ 68.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 68.00 0.00 Arredondo, Raquel $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Barrett, Shannon $ 1,720.15 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,720.15 3.00 Beltran, Isabelle $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Brar, Manreet $ 527.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 527.00 0.00 Burdine-Slaven, Jeanna $ 2,304.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,304.92 2.25 Campos, Isaiah $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Chouhan, Arnoop $ 294.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 294.50 1.00 Chouhan, Gurnoor $ 294.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 294.50 2.00 Cruz Paramo, Xitlali $ 426.25 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 426.25 3.00 Diaz, Keren $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Escamilla, Paloma $ 465.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 465.00 0.00 Flores, Haley $ 1,523.81 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,523.81 2.25 Garcia, Anthony $ 1,475.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,475.08 0.00 Gonzalez Corrales, Aleena $ 387.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 387.50 0.00 Hurlbert, Ronald $ 600.63 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 600.63 0.00 Jauriqui, Jose $ 594.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 594.00 0.00 Johnson, Theresa $ 3,343.54 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,343.54 0.00 Kobzeff, Julia $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lemm, Brent $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lemm, Kylie $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 1.00 Lopez, Robert $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lua, Daniela $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lua, Joshua $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lua, Miguelangel $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Lujan, Vanessa $ 408.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 408.00 0.00 Marquez, Nicolas $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Martinez, Aylah $ 866.25 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 866.25 0.00 Martinez, Jeness $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Naranjo, Alexander $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Nazaroff, Rebekah $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Negrete, Dean $ 1,626.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,626.00 0.00 Neuwirth, Steven $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Pena, Alexis $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Pena, Mercedes $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Ruiz, Rosalba $ 627.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 627.00 0.00 Salvador, Mark $ 2,995.89 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,995.89 0.00 OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: August 06, 2023 - August 19, 2023

Page 1 of 3 ends

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 OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: August 06, 2023 - August 19, 2023
Sidhu, Nirmal $ 2,106.14 $ - 5.00 $ 197.45 0.00 $ - 0.00 $ - $ 2,303.59 0.00 Silva, Jessica $ 631.63 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 631.63 0.00 Torres, Samantha $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Tovar, Jessica $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Villarreal, Arlene $ 2,040.91 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,040.91 0.75 TOTAL $ 25,883.92 $ - 5.00 $ 197.45 0.00 $ - 0.00 $ - $ 26,081.37 15.25 POLICE
Antuna, Miguel $ 2,781.91 $ - 25.00 $1,241.93 0.00 $ - 0.00 $ - $ 4,023.84 0.00 Arciga, Jose $ 2,878.88 $ - 33.50 $1,707.23 0.00 $ - 0.00 $ - $ 4,586.11 0.00 Barbosa, Isaias $ 2,974.35 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,974.35 0.00 Barcoma, Wilbert $ 5,051.59 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 5,051.59 0.00 Barra, Brenden $ 2,277.26 $ - 9.00 $ 369.13 0.00 $ - 0.00 $ - $ 2,646.38 0.00 Belding, Jeff $ 3,789.47 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,789.47 18.00 Castro, Jaclynn $ 2,181.88 $ - 4.50 $ 170.31 0.00 $ - 0.00 $ - $ 2,352.19 0.00 Chapman, Tom $ 3,692.44 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,692.44 0.00 Clark, Patrick $ 2,511.53 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,511.53 0.00 Coronado, Krystal $ 1,231.41 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,231.41 0.00 Corrales, Edith $ 1,560.00 $ - 0.50 $ 14.63 0.00 $ - 0.00 $ - $ 1,574.63 0.00 Cubillos, Theresa $ 2,833.43 $ - 4.00 $ 202.39 0.00 $ - 0.00 $ - $ 3,035.82 34.50 Garcia, Andrew $ 2,119.38 $ - 40.00 $1,513.85 0.00 $ - 0.00 $ - $ 3,633.23 0.00 Gempis, Danzel $ 1,922.31 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,922.31 0.00 Gutierrez, Gloria $ 25.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 25.00 0.00 Inthasone, Bryant $ 2,018.31 $ - 19.39 $ 604.05 0.00 $ - 0.00 $ - $ 2,622.36 0.00 Irazoqui, Mario $ 1,836.96 $ - 5.00 $ 172.22 0.00 $ - 0.00 $ - $ 2,009.18 0.00 Lopez, Matt $ 977.50 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 977.50 0.00 Lozano, Daniel $ 1,559.30 $ - 16.00 $ 467.79 0.00 $ - 0.00 $ - $ 2,027.09 0.00 Lozano, Patricia $ 1,353.23 $ - 11.50 $ 291.79 0.00 $ - 0.00 $ - $ 1,645.02 0.00 Mendoza, Sandra $ 3,160.64 $ - 15.00 $ 839.90 0.00 $ - 0.00 $ - $ 4,000.54 0.00 Molina, Jesus $ 2,478.12 $ - 24.50 $1,073.24 0.00 $ - 0.00 $ - $ 3,551.36 0.00 Quintanilla, Rodolfo - Final Pay$ 3,014.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,014.92 0.00 Roth, Adriana $ 2,131.27 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,131.27 0.00 Ruiz, Jose $ 2,131.27 $ - 17.00 $ 628.02 0.00 $ - 0.00 $ - $ 2,759.29 0.00 Vasquez, Francisco $ 1,995.37 $ - 1.00 $ 35.19 0.00 $ - 0.00 $ - $ 2,030.55 0.00 Velez, Bernice $ 1,686.52 $ - 1.50 $ 47.43 0.00 $ - 0.00 $ - $ 1,733.95 0.00 TOTAL: $ 62,174.25 $ - 227.39 $9,379.08 0.00 $ - 0.00 $ - $ 71,553.33 52.50

PUBLIC WORKS
Arrellano, Antonio $ 1,843.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,843.08 0.00 Barajas, Michael $ 3,583.56 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,583.56 0.00 Camacho, Armando $ 1,843.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,843.08 0.00 Castro, Joseph $ 3,033.21 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,033.21 0.00 Cervantes, Pedro $ 1,525.08 $ - 42.21 $1,211.59 0.00 $ - 32.00 $ 590.03 $ 3,326.70 0.00 Garcia, Destiny $ 1,757.23 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,757.23 0.00 Garcia, Guadalupe $ 1,490.05 $ - 11.50 $ 353.26 0.00 $ - 6.00 $ 108.00 $ 1,951.31 0.00 Gastelum, Humberto $ 2,995.89 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,995.89 0.00 Gutierrez Olivarez, Norberto $ 774.46 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 774.46 0.00 Hernandez, Julian $ 1,843.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,843.08 0.00 Isaak, Denise $ 2,236.62 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,236.62 0.00 Jimenez, Gabriela $ 1,598.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,598.92 0.00 Kaur, Harmeen $ 2,174.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,174.00 6.75 Lopez, Josue $ 1,837.54 $ - 7.00 $ 234.61 0.00 $ - 0.00 $ - $ 2,072.15 1.50 Morales, Andres $ 1,757.69 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,757.69 0.00 Ortiz, Carlos $ 1,960.31 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,960.31 0.00

Page 2 of 3 ends

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 OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: August 06, 2023 - August 19, 2023
Perez, Ruben Lopez $ 1,819.38 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,819.38 0.00 Ramirez, Manuel $ 2,707.51 $ - 6.00 $ 304.60 0.00 $ - 0.00 $ - $ 3,012.11 0.00 Rivera, Coty - Final Pay $ 5,504.81 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 5,504.81 0.00 Rivera, Hector $ 945.98 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 945.98 0.00 Sanchez, Daniel $ 2,694.55 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,694.55 0.00 Soto, Samuel $ 1,837.54 $ - 11.00 $ 368.68 0.00 $ - 5.00 $ 111.72 $ 2,317.94 4.50 Tinoco, Alfonso $ 2,514.62 $ - 1.00 $ 46.21 0.00 $ - 0.00 $ - $ 2,560.83 0.00 Valdivia, Blanco $ 945.98 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 945.98 0.00 TOTAL $ 51,224.15 $ - 78.71 $2,518.95 0.00 $ - 43.00 $ 809.76 $ 54,552.86 12.75

PLANNING
Belmonte, Ruth $ 2,464.77 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,464.77 0.00 Campos, Manuel $ 1,802.46 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,802.46 3.00 Meza, Isela $ 928.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 928.00 0.00 Orozco, Jesus $ 3,763.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,763.92 0.00 Padilla, Ruth $ 2,183.08 $ - 0.00 $ - 0.00 $ - 1.00 $ - $ 2,183.08 3.00 TOTAL $ 11,142.23 $ - 0.00 $ - 0.00 $ - 1.00 $ - $ 11,142.23 6.00

PLANNING COUNCIL
Bandy, R $ 75.00 Yep, G $ 125.00
Molloy, Cory $ 75.00 Herrera, I $ 125.00
Nehring, K $ 75.00 Nijjer, B $ -
Nunez, M $ - Coleman, J $ -
Felker, R $ - Pacheco, M $ 125.00
Bishop, S $ 75.00
Villar, V $ 75.00
Total $ 375.00 Total $ 375.00
GRAND TOTAL: $184,015.25 $0.00 329.84 $12,858.96 0.00 $0.00 44.00 $809.76 $ 197,683.96 101.50

Page 3 of 3 ends

Section 5, Item B.

Accounts Payable
User:

Printed:

Gmendoza
9/6/2023 8:28 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 08/25/2023
082523 C PR TAX DEPOSIT- 08/25/23- SIT PAYABLE= PIT AMOUNT 4,050.34 082523 C PR TAX DEPOSIT- 08/25/23- SDI PAYABLE= SDI AMOUNT 1,617.28 Total for this ACH Check for Vendor 10147: 5,667.62
ACH 10517 FEDERAL TAXES PAYROLL 08/25/2023
082523 C PAYROLL TAX DEPOSIT- 08/25/23- FICA MED PAYABLE= MEDICARE 5,589.70 082523 C PAYROLL TAX DEPOSIT- 08/25/23- FIT PAYABLE= TAX WITHHOLDING 13,197.10 082523 C PAYROLL TAX DEPOSIT- 08/25/23- FICA PAYABLE= SOCIAL SECURITY 23,900.70 Total for this ACH Check for Vendor 10517: 42,687.50
ACH 10518 KERMAN POLICE OFFICERS ASSN 08/25/2023
082523 C MEMBERSHIP DUES- 08/25/23 657.00
Total for this ACH Check for Vendor 10518: 657.00
ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN08/25/2023
082523 C MEMBERSHIP DUES- 08/25/23 195.00
Total for this ACH Check for Vendor 10519: 195.00
ACH 10520 ICMA-RC 08/25/2023
082523 C DEFERRED COMP- 08/25/23 1,524.40
082523 C LOAN PAYMENTS 3,384.48
Total for this ACH Check for Vendor 10520: 4,908.88
Total for 8/25/2023: 54,116.00
Report Total (5 checks): 54,116.00
AP Checks by Date - Detail by Check Date (9/6/2023 8:28 AM) Page 1 16 Section 5, Item C.

Accounts Payable
User:

Printed:

Gmendoza
9/6/2023 8:30 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
27470 11355 BADGER METER 08/16/2023
1583637 FIN- TOWER FOR 2" WATER METER FOR COFK MEDIAN LANDSCAPING 226.15 1584526 FIN- 20 CELLULAR TOWERS/REGISTERS FOR REPLACMENT OF FAULTY METER 2,980.50 Total for Check Number 27470: 3,206.65
27471 BP-CALI1 CALIFORNIA MANUFACTURING & ENGINEERING COMPANY 08/16/2023 00342073 BPO- 1401 S MADERA AVE- SITE PLAN REVIEW CONDITIONAL USE PERMIT 1,000.00 Total for Check Number 27471: 1,000.00
27472 10452 CITY OF FRESNO WMD 08/16/2023
COK2306172 WTR- WEEKLY LAB ANALYSIS 30.00
COK2306172 SWR- WEEKLY LAB ANALYSIS 48.00
COK2306172 SWR- WEEKLY LAB ANALYSIS 14.00
Total for Check Number 27472: 92.00
27473 10619 EDD 08/16/2023
L1071831120 FIN- UNEMPLOYMENT INSURANCE BENEFITS 04/01/23-06/30/23 2,678.00 L1071831120 FIN- UNEMPLOYMENT INSURANCE BENEFITS 04/01/23-06/30/23 2,483.06 L1071831120 FIN- UNEMPLOYMENT INSURANCE BENEFITS 04/01/23-06/30/23 14.00 L1071831120 FIN- UNEMPLOYMENT INSURANCE BENEFITS 04/01/23-06/30/23 1,536.94 Total for Check Number 27473: 6,712.00
27474 10282 OFFICE DEPOT 08/16/2023
31394092001 BPO- PENS LABELS INK 69.99
31394092001 BPO- PENS LABELS INK 70.00
31394092001 BPO- SORTER ORGANIZER STAPLER REMOVER PRESENTER AIRWICK 62.79 31394092001 BPO- SORTER ORGANIZER STAPLER REMOVER PRESENTER AIRWICK 62.78 313957534001 BPO- LABELS 23.42
313957534001 BPO- LABELS 23.43
313957600001 BPO- NOTEBOOK 6.53
313957600001 BPO- NOTEBOOK 6.53
313957600001 BPO- MONITOR STAND OINTMENT SCENTED OIL 22.32 313957600001 BPO- MONITOR STAND OINTMENT SCENTED OIL 22.33 313957614001 BPO- SCISSORS 9.25
313957614001 BPO- SCISSORS 9.26
313957620001 BPO- ORGANIZERS 39.22
313957620001 BPO- ORGANIZERS 39.22
313957722001 BPO- CHAIRMAT 30.37
313957722001 BPO- CHAIRMAT 30.38
313957757001 BPO- NOTEBOOK 16.77
313957757001 BPO- NOTEBOOK 16.77
317456389001 BPO- SHREDDER 99.98
317456389001 BPO- SHREDDER 99.98
Total for Check Number 27474: 761.32
AP Checks by Date - Detail by Check Date (9/6/2023 8:30 AM) Page 1 17 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
27475 10286 O'REILLY AUTOMOTIVE INC 08/16/2023
405796 VE REP- RADIATOR THERMOSTAT ANTIFREEZE 249.38
405824 405827 VE REP- SUPPLIES- 2 INV <$50 70.52
405836 VE REP- RETURN ANTIFREEZE -43.57
Total for Check Number 27475: 276.33
27476 10419 ZIM INDUSTRIES INC 08/16/2023
4430 WTR- WELL 14 EMERGENCY REPAIR 14,700.00
Total for Check Number 27476: 14,700.00
Total for 8/16/2023: 26,748.30
27478 12451 ACTIVE TOWING DIVE TEAM INC 08/24/2023
53483 PD- TOWING FOR EVIDENCE FEES (KPD CASE #23-1306) 307.00 Total for Check Number 27478: 307.00
27479 12452 CLEANSE MEE MEDIDATION 08/24/2023
00332181 REC- FARMERS MARKET- JULY VENDOR FEES REFUND 36.00 Total for Check Number 27479: 36.00
27480 12454 KAYLA DELGADO 08/24/2023
00343474 REC- FARMERS MARKET - JULY VENDOR FEES REFUND 36.00 Total for Check Number 27480: 36.00
27481 10177 GAMETIME 08/24/2023
110032-01-02 REC- COSMIC CLIMBER 7083- SOROPTOMIST PARK 2,670.97 Total for Check Number 27481: 2,670.97
27482 10282 OFFICE DEPOT 08/24/2023
31394092001 BPO- PENS LABELS INK 70.00
31394092001 BPO- PENS LABELS INK 69.99
31394092001 BPO- SORTER ORGANIZER STAPLER STAPLER REMOVER PRESENTER AIRWICK 62.79 31394092001 BPO- SORTER ORGANIZER STAPLER STAPLER REMOVER PRESENTER AIRWICK 62.78 313957534001 BPO- OFFICE SUPPLIES 23.43
313957534001 BPO- OFFICE SUPPLIES 23.42
313957600001 BPO- NOTEBOOK 6.53
313957600001 BPO- MONITOR STAND OINTMENT SCENTED OIL 22.32 313957600001 BPO- NOTEBOOK 6.53
313957600001 BPO- MONITOR STAND OINTMENT SCENTED OIL 22.33 313957614001 BPO- SCISSORS 9.25
313957614001 BPO- SCISSORS 9.26
313957620001 BPO- ORGANIZERS 39.22
313957620001 BPO- ORGANIZERS 39.22
313957722001 BPO- CHAIRMAT 30.38
313957722001 BPO- CHAIRMAT 30.37
313957757001 BPO- NOTEBOOK 16.77
313957757001 BPO- NOTEBOOK 16.77
317456389001 BPO- SHREDDER 99.98
317456389001 BPO- SHREDDER 99.98
Total for Check Number 27482: 761.32
27483 12453 RICHARDS CONCESSIONS INC 08/24/2023
00328581 REC- FARMERS MARKET - JULY VENDOR FEES REFUND 36.00 AP Checks by Date - Detail by Check Date (9/6/2023 8:30 AM) Page 2 18 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 27483: 36.00
27484 11525 ADOLPHS A-1 TREE SERVICE 08/24/2023
081523 PARKS- 3 TREES TRIMMED @ KATIES PARK 900.00
Total for Check Number 27484: 900.00
27485 12257 AMERITAS LIFE INSURANCE CORP 08/24/2023
080123 HR- CLAIMS FUNDING ENDING 07/29/23 944.49
081523 HR- CLAIMS FUNDING ENDING 08/12/23 367.20
Total for Check Number 27485: 1,311.69
27486 11355 BADGER METER 08/24/2023
80125024 FIN- BEACON USER LOGIN ANNUAL LICENSE AGREE JULY 2023-APRIL 2024 150.00 80125024 FIN- BEACON ANNUAL LICENSE AGREEMENT JULY 2023-APRIL 2024 375.00 80125024 FIN- BEACON ANNUAL LICENSE AGREEMENT JULY 2023-APRIL 2024 375.00 80125024 FIN- BEACON USER LOGIN ANNUAL LICENSE AGREE JULY 2023-APRIL 2024 150.00 Total for Check Number 27486: 1,050.00
27487 11917 BLAIS & ASSOCIATES LLC 08/24/2023
BA_6079_2023 ADM- KRM GRANT RESEARCH AND SUPPORT 2,344.00 Total for Check Number 27487: 2,344.00
27488 10054 BLUE SHIELD OF CALIFORNIA 08/24/2023
232260036609 HR- SEPTEMBER MEDICAL COVERAGE 51,587.56
Total for Check Number 27488: 51,587.56
27489 12348 BRADY INDUSTRIES 08/24/2023
8214184 CS- JANITORIAL SUPPLIES- JUL 2023 546.43
Total for Check Number 27489: 546.43
27490 10218 JEANNA BURDINE-SLAVEN 08/24/2023
081623 CS- REIMBURSEMENT - SLUMBERGER MISTER FOR FARMERS MARKET 29.16 Total for Check Number 27490: 29.16
27491 10617 C A REDING CO INC 08/24/2023
678302 CS- SC- LANIER MPC4504 JUL 2023 72.45
679281 REC-CTC- LANIER MPC307- JULY 2023 50.10
679928 ADM- LANIER/IM C8000-CONTRACT 69.15
679928 ADM- LANIER/IM C8000-CONTRACT 41.49
679928 ADM- LANIER/IM C8000-CONTRACT 5.53
679928 ADM- LANIER/IM C8000-CONTRACT 69.15
679928 ADM- LANIER/IM C8000-CONTRACT 22.12
679928 ADM- LANIER/IM C8000-CONTRACT 69.15
Total for Check Number 27491: 399.14
27492 12456 ADRIAN CABRERA 08/24/2023
00328902 CTC- CTC DEPOSIT 08/19/23 400.00
Total for Check Number 27492: 400.00
27493 10076 CALIFORNIA POLICE CHIEFS ASSOC 08/24/2023
2605 PD- REGISTRATION FEE: CPCA ANNUAL TRAINING SYMPOSIUM- BARCOMA MA 825.00 AP Checks by Date - Detail by Check Date (9/6/2023 8:30 AM) Page 3 19 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 27493: 825.00
27494 10078 CALIFORNIA STATE DISBURSEMENT 08/24/2023
0195001403-01 C WITHHOLDING ORDER P/R DATE 08/11/23 274.08 Total for Check Number 27494: 274.08
27495 12457 JENNIFER CASAREZ 08/24/2023
00339959 CTC- SH DEPOSIT 08/19/23 100.00
Total for Check Number 27495: 100.00
27496 10104 COMCAST 08/24/2023
815550021014764 FIN- TECHNOLOGY SERVICES- 08/14/23-09/13/23 191.20 815550021026548 FIN- TECHNOLOGY SERVICES- 08/14/23-09/13/23 (SR CTR) 153.64 815550021026548 FIN- TECHNOLOGY SERVICES- 08/14/23-09/13/23 (COMM CTR) 153.64 Total for Check Number 27496: 498.48
27497 10715 DC HEATING AND COOLING 08/24/2023
1690 CS- SUPPLY & INSTALL DUCTLESS UNIT 2,995.00
1696 CS- FIX RUU CAP/LEAK- SR CENTER LOBBY 275.00
1698 CS- REPAIR CONDENSATION UNIT- SR CTR OFFICES 337.50 Total for Check Number 27497: 3,607.50
27498 11832 EPIC BUSINESS ESSENTIALS LLC 08/24/2023
SI00479853 CS- LETTER OPENERS- REC ADMIN 1.67
Total for Check Number 27498: 1.67
27499 11398 FASTSIGNS 08/24/2023
FRES-99277 CS- PARK SIGN RULES/REG (5) 264.06
Total for Check Number 27499: 264.06
27500 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 08/24/2023 #2022-5723 C FTB-WAGE-GARNISHMENT P/R DATE- 08/11/23 137.00 Total for Check Number 27500: 137.00
27501 12379 GILL CHEVROLET 08/24/2023
pf198595/100045 VE CAP- 2023 CHEV SILVERADO 2500HD 63,000.00 PF261067/100302 VE CAP- 2023 CHEV SILVERADO 2500HD 63,999.99 Total for Check Number 27501: 126,999.99
27502 10185 GRAINGER 08/24/2023
9767785356 CS- BALLASTS- BM SUPPLIES 109.19
9789607117 CS- ACCESS KEYPAD 267.74
9797843423 CS- CONTROL BOX- PLUMBING COUNCIL CHAMBERS RESTROOMS 373.38 9799090858 CS- DOME DOOR STOP- CITY HALL 11.66
9803963777 CS- WALL PLUG COVER (5) BLDG MAINT SUPPLIES 6.11 9805234375 CS- DOOR LOCKSET- BM SUPPLIES- PW OFFICE 608.98 9807177085 CS- LED RETROIT WALL LAMP- KPD SALLY PORT 184.32 9810034125 CS- HAND TOWEL DISPENSER- BLDG MAINT 56.73
Total for Check Number 27502: 1,618.11
27503 11358 GREAT AMERICA FINANCIAL SERVICES08/24/2023
34653407 WTR- LANIER MPC307 COPIER WWTP 70.88
AP Checks by Date - Detail by Check Date (9/6/2023 8:30 AM) Page 4 20 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
34653407 SWR- LANIER MPC307 COPIER WWTP 70.88
Total for Check Number 27503: 141.76
27504 12458 STEPHANIE GRIGGS 08/24/2023
00348370 CTC- SH DEPOSIT 08/20/23 150.00
Total for Check Number 27504: 150.00
27505 12187 HAMNER JEWELL & ASSOCIATES 08/24/2023
202888 CS- PROFESSIONAL SERVICES- RAILROAD PROPERTY 07/01/23-07/30/23 180.00 Total for Check Number 27505: 180.00
27506 11923 JOE A GONSALVES & SON 08/24/2023
160965 ADM- PROFESSIONAL LEGISLATIVE REPRESENTATION AUG 2023 1,250.00 Total for Check Number 27506: 1,250.00
27507 12459 GARCIA JOSE 08/24/2023
082123 FIN- REFUND ON UB RECEIPT #350394 150.00
Total for Check Number 27507: 150.00
27508 12017 KOMPAN CALIFORNIA INC 08/24/2023
INV117474 CS- HANGER BASIC- TRINIS PARK 515.58
Total for Check Number 27508: 515.58
27509 10250 LIEBERT CASSIDY WHITMORE 08/24/2023
073123 ADM- ADMIN- HR PERSONNEL MATTER- 07/2023 261.00
Total for Check Number 27509: 261.00
27510 12455 SYLVIA LOYOLA 08/24/2023
00627672 CTC- CTC DEPOSIT 08/12/23 400.00
Total for Check Number 27510: 400.00
27511 11096 LOZANO SMITH LLP 08/24/2023
2194814 ADM- ADMIN-HR PERSONNEL MATTER- 07/2023 20.00
2194815 ADM- ADMIN-HR PERSONNEL MATTER- 07/2023 160.00
Total for Check Number 27511: 180.00
27512 10282 OFFICE DEPOT 08/24/2023
320011769001 CS- DEPARTMENT COPY PAPER 40.31
320011769001 CS- DEPARTMENT COPY PAPER 40.30
320011769001 CS- DEPARTMENT COPY PAPER 40.30
320011769001 CS- DEPARTMENT COPY PAPER 120.93
320011769001 CS- DEPARTMENT COPY PAPER 40.30
320869809-001 CS- RA-PAINT PEN 7.62
320884812-001 CS- RA-PAINT PEN 3.84
320884812-001 CS- NUTRITION COFFEE CUPS 68.85
322985049-001 CS- SC-CLOCKS (2) 49.02
322987518-001 CS- BM-D BATTERIES 16.58
326226806001 FIN- TONER 28.51
326226806001 FIN- PRINTER (2) TAPE DISPENSER STAPLE REMOVER 174.47 326226806001 FIN- TONER 3.02
326226806001 FIN- TONER 38.57
326226806001 FIN- PRINTER (2) TAPE DISPENSER STAPLE REMOVER 128.96 326226806001 FIN- PRINTER (2) TAPE DISPENSER STAPLE REMOVER 13.65 AP Checks by Date - Detail by Check Date (9/6/2023 8:30 AM) Page 5 21 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
326226806001 FIN- PRINTER (2) TAPE DISPENSER STAPLE REMOVER 68.27 326226806001 FIN- TONER 15.09
326227608801 FIN- SCANNER 14.79
326227608801 FIN- SCANNER 139.67
326227608801 FIN- SCANNER 73.94
326227608801 FIN- SCANNER 188.96
Total for Check Number 27512: 1,315.95
27513 10289 P.G.& E. 08/24/2023
6039473144-6 CS- TRINIS PARK- JULY 2023 189.73
6206788690-3 CS- CS ELECTRICITY & GAS- JULY 2023- COMM SERVICES 5,192.43 6206788690-3 CS- CS ELECTRICITY & GAS- JULY 2023- COMM SERVICES 2,006.86 6206788690-3 CS- CS ELECTRICITY & GAS- JULY 2023- COMM SERVICES 100.00 6206788690-3 CS- CS ELECTRICITY & GAS- JULY 2023 1,421.81 8820061503-2 CS- COLEMAN BALLFIELD PG&E JULY 2023 1,800.05 Total for Check Number 27513: 10,710.88
27514 10754 THE HOME DEPOT PRO-SUPPLY WORKS08/24/2023
756722922 CS- JANITORIAL SUPPLIES- AUG 2023 66.09
758244644 CS- JANITORIAL SUPPLIES- AUG 2023 946.27
760139972 CS- PRESSURE WASHERS (3)- BLDG MAINT 688.72
760665042 CS- JANITORIAL SUPPLIES- AUG 2023 43.70
Total for Check Number 27514: 1,744.78
27515 10371 TJ LAW & ASSOCIATES INVESTIGATIONS08/24/2023 23-177 PD- CONFIDENTIAL BACKGROUND INVESTIGATION 700.00 Total for Check Number 27515: 700.00
27516 10382 UNITED RENTALS NORTH AMERICA INC08/24/2023
222551095-001 CS- BOBCAT RENTAL- ANIMAL SHELTER LIGHTS INSTALL 633.51 Total for Check Number 27516: 633.51
27517 10406 WEST HILLS OIL INC 08/24/2023
77757 VE- FUEL JULY 16-30 5,988.90
77757 VE- ACT PROGRAM-PD 355.53
Total for Check Number 27517: 6,344.43
27518 12267 IRENE ZAMORA 08/24/2023
00345597 CTC- SH DEPOSIT 08/13/23 150.00
Total for Check Number 27518: 150.00
Total for 8/24/2023: 221,569.05
27519 11525 ADOLPHS A-1 TREE SERVICE 08/30/2023
082123 PARKS- 4 TREES TRIMMED- LIONS PARK 950.00
Total for Check Number 27519: 950.00
27520 12257 AMERITAS LIFE INSURANCE CORP 08/30/2023
09012023 HR- SEPTEMBER VISION ADMIN FEES 724.50
Total for Check Number 27520: 724.50
27521 10040 AT&T MOBILITY 08/30/2023
AP Checks by Date - Detail by Check Date (9/6/2023 8:30 AM) Page 6 22 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
287286967034X08 PD- AUGUST MDT WIRELESS SERVICE 470.55
287287978139X PD- AUGUST CELLULAR SERVICE 489.56
Total for Check Number 27521: 960.11
27522 11355 BADGER METER 08/30/2023
1598902 HYD MTR REPL- COUPLING FOR HYD METER 110.93
1598903 HYD MTR REPL- COUPLING FOR HYD METER 110.93
1598904 HYD MTR REPL- HYDRANT METER 971.92
1599561 HYD MTR REPL- ADAPTER FOR HYD METER 90.70
1599562 HYD MTR REPL- ADAPTER FOR HYD METER 90.70
1600396 HYD MTR REPL- PARTS FOR HYD METER 115.16
Total for Check Number 27522: 1,490.34
27523 12460 BBS NARCOTICS ENFORCEMENT TRAINING 08/30/2023 KPD-2023-001 PD- INFORMANTS CLASS TRAINING (2 OFFICERS) CLARK RUIZ 210.00 Total for Check Number 27523: 210.00
27524 10920 JEFF BELDING 08/30/2023
081123 PD- AMAZON ORDER 3 PHONE CASES 64.62
081523 PD- WALMART PURCHASE OF SURGE STRIP PROTECTOR 17.72 Total for Check Number 27524: 82.34
27525 11498 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 08/30/2023 178280791 PD- FSO OFFICE CITY OF KERMAN CALNET- JULY 697.63 Total for Check Number 27525: 697.63
27526 10109 COUNTY OF FRESNO 08/30/2023
071923 BPO- PLANNING CONTRACTED SERVICES- LAFCO 3,992.37 Total for Check Number 27526: 3,992.37
27527 12114 D & S PLUMBING HEATING & AIR 08/30/2023
814 CS- REPLACED AC TRANSFORMER- ANIMAL SHELTER 489.00
Total for Check Number 27527: 489.00
27528 10128 DEPARTMENT OF JUSTICE 08/30/2023
673394 PD- FINGERPRINT APPS FINGERPRINT FBI PEACE OFFICER 1 FED IVI 236.00 Total for Check Number 27528: 236.00
27529 11832 EPIC BUSINESS ESSENTIALS LLC 08/30/2023
SI00481748 CS- 2024 DESK CALENDARS (3) REC ADMIN 25.11
SI00481991 CS- RUBBERBANDS (2)- REC ADMIN 8.60
SI0481749 CS- 2024 DESK CALENDARS (3) REC ADMIN 32.50
Total for Check Number 27529: 66.21
27530 11398 FASTSIGNS 08/30/2023
FRES-100019 CS- PARK SIGN RULES/REG 3- LIONS PARK 131.07 FRES-100253 CS- PARK SIGN RULES/REG 3 275.37
FRES-100273 REC- ART IN THE PARK ART SHOW 128.29
Total for Check Number 27530: 534.73
27531 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 08/30/2023 #2022-5723 C FTB-WAGE GARNISHMENT P/R DATE 08/25/23 137.00 AP Checks by Date - Detail by Check Date (9/6/2023 8:30 AM) Page 7 23 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 27531: 137.00
27532 12379 GILL CHEVROLET 08/30/2023
1812 VE REP- ENGINE SHIELD #1458 44.97
2166 VE REP- GROUND CABLE #1446 113.68
Total for Check Number 27532: 158.65
27533 10185 GRAINGER 08/30/2023
9777151102 CS- QUICK CONNECT FILTER (7) CTC ICE MACHINE 436.11 9811976464 CS- PUSH BUTTON LOCKSET- KPD THF 1,283.96
9813915247 CS- HAND TOWEL DISPENSER - KATEYS MEN RESTROOM 56.73 9814311297 CS- PUSH BUTTON LOCKSET- RETURN KPD THF -1,283.96 981683177 CS- DOOR REINFORCER- PW OFFICE DOOR 61.39
9817909857 CS- LED RETROFIT LAMP- SOROPTOMIST PARK 59.83 Total for Check Number 27533: 614.06
27534 11358 GREAT AMERICA FINANCIAL SERVICES08/30/2023
34542775 BPO- MPC3004- EQUIPMENT RENTAL JULY 243.11
Total for Check Number 27534: 243.11
27535 10514 ICAD INC 08/30/2023
071023 WTR- 26344-07/10/23- WELL 15 PLC PROGRAMMING 932.50 071123 WTR- 26403-07/11/23- TROUBLESHOOT WELL 12 & 17 652.50 071223 SWR-23643-07/12/23-WWTP REPAIR WIRING POLYMER PUMP 375.00 071223 WTR-23643-07/12/23-REPAIR WELL 14 STARTING ISSUE 375.00 072623 WTR- 23632-7/26/23-VFD REPAIR WELLS 12 14 15 1,135.00 17327 WTR- WELL 14-VFD PMT 1- 35% ACCEPTANCE 7,209.83
Total for Check Number 27535: 10,679.83
27536 10213 INTERNATIONAL CODE COUNCIL INC 08/30/2023
1001736604 BPO- CODE ENFORCEMENT GENERAL SUPPLIES- STICKERS 22.88 Total for Check Number 27536: 22.88
27537 10219 JENSEN & PILEGARD INC 08/30/2023
682700 EQUIP- CARB HARNESS SPEED FEED FOR ECHO BLOWERS 227.49 Total for Check Number 27537: 227.49
27538 10239 KERWEST INC 08/30/2023
24130 BPO- PUBLIC NOTICES/ADVERTISING- PROOF OF PUBLICATION OTA 2023 505.00 24138 CAP- STRTS- PROOF OF PUBLICATION - STREET REHAB PROJECT 680.00 24139 CAP-STRTS- PROOF OF PUBLICATION- STREET SEALING PROJECT 680.00 24140 CAP- PROOF OF PUBLICATION - LIONS PARK RECHARGE 692.50 24144 BPO- PUBLIC NOTES/ADVERTISING- CUP 2017-07 2023-08 2023-09 442.50 Total for Check Number 27538: 3,000.00
27539 12442 KAITLYN MARTINEZ 08/30/2023
00338338 CTC- SOUTH PICNIC CABANA SHELTER 07/29/23 50.00 Total for Check Number 27539: 50.00
27540 10265 MONTOY LAW CORPORATION 08/30/2023
082123 CC- CC- JULY LEGAL FEES 5,291.00
Total for Check Number 27540: 5,291.00
AP Checks by Date - Detail by Check Date (9/6/2023 8:30 AM) Page 8 24 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
27541 10272 MUTUAL OF OMAHA 08/30/2023
001574030458 HR- SEPTEMBER VOLUNTARY LIFE 1,060.19
001574030458 HR- SEPTEMBER LTD INS EMPLOYER 563.93
001574030458 HR- SEPTEMBER LTD INS EMPLOYEE 563.92
001574030458 HR- SEPTEMBER LIFE INSURANCE 458.06
Total for Check Number 27541: 2,646.10
27542 12463 MAIYAH OBEL 08/30/2023
00347385 CTC- SH DEPOSIT 08/27/23 150.00
Total for Check Number 27542: 150.00
27543 10282 OFFICE DEPOT 08/30/2023
323751290001 BPO- CODE ENFORCEMENT - POP UP CANOPY 174.35 323752973001 BPO- BLDG- BLUE COPY STAMP 8.71
323823114001 ADM- OFFICE SUPPLIES 53.18
323823114001 ADM- GENERAL SUPPLIES 17.41
323858949001 ADM- GENERAL SUPPLIES 27.73
323858951001 ADM- GENERAL SUPPLIES 13.07
323929074001 ADM- RETURN/CREDIT -13.07
326601784-001 ADM- RETURN/CREDIT -53.18
326868150001 ADM- RETURN/CREDIT -27.23
Total for Check Number 27543: 200.97
27544 11833 ORKIN 08/30/2023
246512258 CTC- PEST CONTROL CTC AUG 2023 116.99
Total for Check Number 27544: 116.99
27545 10289 P.G.& E. 08/30/2023
2881141119-9 CS- CNG VEHICLES FUEL- AUG 2023 251.25
3920400666-0 STRT- MONTHLY SERVICE- 07/18/23-08/15/23- AUG 4,710.94 5340322355-4 WTR- DOUBLE L CHLORINATOR POWER- 07/11/23-08/08/23- JULY 10.18 5467738309-0 WTR/SWR/SD- 06/16/23-07/18/23- JULY 338.33 5467738309-0 WTR/SWR/SD- 06/16/23-07/18/23- JULY 59.07
5467738309-0 WTR/SWR/SD- 06/16/23-07/18/23- JULY 27.10
5467738309-0 WTR/SWR/SD- 06/16/23-07/18/23- JULY 49,617.41 7660122617-8 PD- ANIMAL SHELTER - AUG 1,265.73
8970493475-4 PARKS- KERCKHOFF PARK -07/11/23-08/08/23- JULY 169.34 Total for Check Number 27545: 56,449.35
27546 10305 PITNEY BOWES BANK INC PURCHASE 08/30/2023
8000-9090-0159- VAR- POSTAGE FOR METER 1.26
8000-9090-0159- VAR- POSTAGE FOR METER 5.04
8000-9090-0159- VAR- POSTAGE FOR METER 1.26
8000-9090-0159- VAR- POSTAGE FOR METER 39.69
8000-9090-0159- VAR- POSTAGE FOR METER 62.52
8000-9090-0159- VAR- POSTAGE FOR METER 87.57
8000-9090-0159- VAR- POSTAGE FOR METER 0.63
8000-9090-0159- VAR- POSTAGE FOR METER 51.81
8000-9090-0159- VAR- POSTAGE FOR METER 193.11
8000-9090-0159- VAR- POSTAGE FOR METER 77.25
Total for Check Number 27546: 520.14
27547 10331 SEBASTIAN 08/30/2023
34158 BLDG- TROUBLESHOOT ALARMS- PW SHOP & OFFICE 280.13 34239 FIN- LOW VOLTAGE LABOR- TRIP CHARGE 345.00
AP Checks by Date - Detail by Check Date (9/6/2023 8:30 AM) Page 9 25 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 27547: 625.13
27548 11650 SITEONE LANDSCAPE SUPPLY COMPANY08/30/2023
132573768-001 PARKS- BOOSTER PUMP KERCKHOFF PARK 2,484.65 132573768-001 PARKS- BOOSTER PUMP KERCKHOFF PARK 100.00 133291386-001 WTR- LESCO PROSECUTOR HERBICIDE 164.69
133291386-001 SWR- LESCO PROSECUTOR HERBICIDE 164.69
133353549-001 SD- LESCO PROSECUTOR HERBICIDE 733.75
133596445-001 PARKS- GLOVES EMERGENT HERBICIDE PARTS 304.45 Total for Check Number 27548: 3,952.23
27549 12054 SPARKLETTS 08/30/2023
215775850827202 FIN- DRINKING WATER - ADMIN FIN PLANNING/BLDG CITY CLERK - SEPT 3.83 215775850827202 FIN- DRINKING WATER - ADMIN FIN PLANNING/BLDG CITY CLERK - SEPT 7.67 215775850827202 FIN- DRINKING WATER - ADMIN FIN PLANNING/BLDG CITY CLERK - SEPT 10.56 215775850827202 PW- DRINKING WATER -PUBLIC WORKS- SEPT 40.45 215775850827202 FIN- DRINKING WATER - ADMIN FIN PLANNING/BLDG CITY CLERK - SEPT 4.79 215775850827202 FIN- DRINKING WATER - ADMIN FIN PLANNING/BLDG CITY CLERK - SEPT 5.19 215775850827202 PW- DRINKNIG WATER- PUBLIC WORKS 40.45
215775850827202 FIN- DRINKING WATER - ADMIN FIN PLANNING/BLDG CITY CLERK - SEPT 5.19 215775850827202 FIN- DRINKING WATER - ADMIN FIN PLANNING/BLDG CITY CLERK - SEPT 1.92 215775850827202 FIN- DRINKING WATER - ADMIN FIN PLANNING/BLDG CITY CLERK - SEPT 15.58 215775850827202 FIN- DRINKING WATER - ADMIN FIN PLANNING/BLDG CITY CLERK - SEPT 5.19 Total for Check Number 27549: 140.82
27550 12368 SPECIALTY HOSE EXPRESS LLC 08/30/2023
56227 WTR- 1/4 IN TUBING FOR WELLS 76.28
56317 SWR- NOZZLE 45.27
Total for Check Number 27550: 121.55
27551 11460 SUPERIOR POOL PRODUCTS LLC 08/30/2023
Q2024043 WTR- 150 GAL BULK CHLORINE WELL 17 560.13
Q2024111 WTR-190 GAL BULK CHLORINE WELL 9A 704.41
Total for Check Number 27551: 1,264.54
27552 10357 TAYLOR MADE IRRIGATION 08/30/2023
27666 WTR- BACKFLOW REPAIR PARTS 49.30
27674 WTR- BACKFLOW REPAIR PARTS 46.58
Total for Check Number 27552: 95.88
27553 11502 TIREHUB LLC 08/30/2023
36402103 PD REP- 6 TIRES FOR STOCK - PD VEHICLES 777.82 Total for Check Number 27553: 777.82
27554 10458 RAUL HERRERA ECN POLYGRAPH AND INVESTIGATIONS 08/30/2023 KERM-JUNE 09-23 PD- PRE-EMPLOYMENT POLY: LIFT GURAMRIT 250.00 Total for Check Number 27554: 250.00
27555 12461 JFS ENTERPRISE INC 08/30/2023
15-4723 CAP- HART RANCH ORCHARD REMOVAL PMT 1 50,000.00 Total for Check Number 27555: 50,000.00
27556 10251 LIGHTHOUSE ELECTRIC INC 08/30/2023
AP Checks by Date - Detail by Check Date (9/6/2023 8:30 AM) Page 10 26 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
060823 SWR- 7250-06/08/23-SEEPEX PUMP DISCONNECT 641.25 062023 SWR- 7451-06/20/23- TROUBLESHOOT SEEPEX PUMP 1,679.07 062123 SWR- 744-06/21/23- TROUBLESHOOT BLOWER MOTOR PULSAR CONTROLLER 1,827.98 062823 WTR- 7445-06/28/23- WELL 10 TROUBLESHOOT 1,842.50 062923 WTR- 7446-06/29/23- WELL 10 RELAY FUSE REPLACEMENT 2,211.25 063023 WTR- 7109-7448 WELL 10 TROUBLESHOOT ELECTRICAL/ELECTRICAL WORK 2,505.34 Total for Check Number 27556: 10,707.39
27557 12462 ELAINA PARIZAL 08/30/2023
00297829 CTC- TRINIS PARK REFUND 50.00
Total for Check Number 27557: 50.00
27558 10316 R G EQUIPMENT OF FRESNO INC 08/30/2023
144822 EQUIP- DECK WHEELS FOR TORO MOWER 60.52
Total for Check Number 27558: 60.52
27559 11688 SWANK MOTION PICTURES INC 08/30/2023
340426 REC- SWANK MOTION PICTURES- MINIONS THE RISE OF GURU 480.00 Total for Check Number 27559: 480.00
Total for 8/30/2023: 159,466.68
27560 10545 WILBERT BARCOMA 08/31/2023
083023 PD- 4 DAYS SUBSISTENCE ACTING CHIEF BARCOMA- FMCPCA 152.00 Total for Check Number 27560: 152.00
27561 11125 JOHN GOLDEN 08/31/2023
082323 REIMBURSEMENT FOR 07/14/23 UNI PAY- CALPERS EE DED 2.48 Total for Check Number 27561: 2.48
Total for 8/31/2023: 154.48
Report Total (91 checks): 407,938.51
AP Checks by Date - Detail by Check Date (9/6/2023 8:30 AM) Page 11 27 Section 5, Item C.

Golman Sachs BK NY 615-030525-245 2.30% 7/26/17 7/26/22 98,000.00 (98,000.00) - - - Citibank Sioux Falls SD 615-030525-245 3.15% 8/14/18 8/15/22 98,000.00 (98,000.00) - - - Sallie Mae Bank 615-030525-245 2.65% 2/8/18 2/8/23 51,000.00 (51,000.00) - - - Synchrony Draper UT 615-030525-245 3.00% 4/20/18 4/20/23 96,000.00 (96,000.00) - - - Morgan Stanley Bank 615-030525-245 3.30% 7/12/18 7/12/23 240,000.00 (240,000.00) - - 3,927.45 Citibank 615-030525-245 3.30% 8/3/18 8/3/23 97,000.00 (97,000.00) - - 1,587.35 UBS Bank Salt Lake 615-030525-245 3.35% 10/5/18 10/5/23 98,000.00 98,000.00 97,829.48 548.67 Goldman Sachs Bank NY 615-030525-245 3.15% 2/6/19 2/6/24 48,000.00 48,000.00 47,527.20 749.79 Beal Bank USA Las Vegas Nev CFT 615-030525-245 1.55% 3/9/22 3/6/24 248,000.00 248,000.00 243,084.64 - Ally Bank Sandy Utah 615-030525-245 2.55% 4/28/22 4/29/24 205,000.00 205,000.00 201,141.90 - Barclays Bank Del Retail 615-030525-245 2.85% 6/2/22 6/3/24 245,000.00 245,000.00 240,183.30 - American Express National Bank 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 245,000.00 240,587.55 - Capital One National Mclean 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 245,000.00 240,587.55 - Customers Bank Phoenixville PA 615-030525-245 4.70% 2/16/23 8/16/24 250,000.00 250,000.00 247,960.00 5,826.71 Charles Schwab Bank 615-030525-245 5.20% 3/7/23 9/16/24 250,000.00 250,000.00 249,035.00 - Wells Fargo Bank in Sioux Falls 615-030525-245 4.35% 10/14/22 10/15/24 249,000.00 249,000.00 245,680.83 1,810.20 Morgan Stanley Private National Bank 615-030525-245 4.80% 4/20/23 10/21/24 244,000.00 244,000.00 241,923.56 - Western Alliance Bank 615-030525-245 4.85% 4/13/23 10/21/24 244,000.00 244,000.00 242,057.76 - Brookline Bank Mass 615-030525-245 5.30% 8/30/23 10/30/24 248,000.00 248,000.00 247,243.60 - Morgan Stanley Bank 615-030525-245 5.20% 8/30/23 3/3/25 243,000.00 243,000.00 241,848.18 - State Bank of India 615-030525-245 1.10% 5/28/20 5/28/25 248,000.00 248,000.00 230,047.28 - Capital One National National 615-030525-245 3.35% 6/29/22 6/30/25 245,000.00 245,000.00 235,944.80 - Discover Bank Greenwood 615-030525-245 3.55% 9/20/22 9/22/25 245,000.00 245,000.00 235,979.10 - BMW Bank North Amer Salt Lake 615-030525-245 0.50% 9/25/20 9/25/25 249,000.00 249,000.00 225,133.35 - US Government Bonds
Federal Home Loan Bank 615-030525-245 4.00% 9/23/22 9/23/24 500,000.00 500,000.00 492,205.00 - Federal Home Loan Bank 615-030525-245 5.05% 1/30/23 1/28/25 500,000.00 500,000.00 495,295.00 12,484.72 Federal Home Loan Bank 615-030525-245 5.10% 1/30/23 1/28/26 500,000.00 500,000.00 493,920.00 12,608.33 Average Rate 3.67%
Total CD's 5,738,000.00 (189,000.00) - 5,549,000.00 5,435,215.08 39,629.36 28 Section 5, Item D.

CITY OF KERMAN
CD/Securities Portfolio
As of August 31, 2023 6/30/2023 6/30/2024 FY to Date
Interest Rate/ Opening Maturity Book Additions/ Book Interest Institution Account Number Trans. Date Date Date Balance (Deletions) Cashed In Balance Fair Value Paid Securities America Sweep Program
Beginning Balance - -
Transfers In/(Out) 7/6/23 269.84 269.84
7/13/23 243,927.45 243,927.45
7/14/23 12.06 12.06
7/17/23 890.26 890.26
7/28/23 (220,006.56) (220,006.56)
7/31/23 (25,093.05) (25,093.05)
7/31/23 34.06 34.06
8/4/23 98,587.35 98,587.35
8/8/23 1,028.62 1,028.62
8/15/23 933.15 933.15
8/17/23 5,826.71 5,826.71
8/30/23 (106,409.89) (106,409.89)
8/31/23 26.81 26.81
- 26.81 - 26.81 26.81 -
Local Agency Investment Fund
Beginning Balance 98-10-400 12,165,605.11 12,165,605.11 - Interest 0.33% 7/14/23 95,517.05 95,517.05 95,517.05
-
Transfers In/(Out) -
-
-
Total - LAIF 0.33% 12,165,605.11 95,517.05 - 12,261,122.16 12,261,122.16 95,517.05 Central Valley Money Market Acct 015030960
Beginning Balance 8,640,558.56 8,640,558.56
Interest 7/31/23 587.08 587.08 587.08
8/31/23 587.12 587.12
Transfers In/(Out) -
-
-

0.08% -
8,640,558.56 1,174.20 - 8,641,732.76 8,641,732.76 587.08 Subtotal All City Investments 1.36% 26,544,163.67 (92,308.75) - 26,451,854.92 26,338,070.00 135,733.49 26,544,163.67 (92,281.94) - 26,451,881.73 26,338,096.81 135,733.49 Market Value Adjustment (113,784.92)
(92,281.94)
(92,281.94)

0.00 Total Investments
29 Section 5, Item D.

STAFF REPORT
MEETING DATE: September 13, 2023
PRESENTER: Jerry Jones, City Engineer
SUBJECT: Award of Contract for Fiscal Year 22/23 Street Rehabilitation Project to AJ Excavation, Inc. (JJ)
RECOMMENDATION: Council by motion adopt resolution awarding contract for Fiscal Year 22/23 Street Rehabilitation Project to AJ Excavation, Inc. in the amount of $1,039,350.00 and authorize the City Manager to sign the contract.

EXECUTIVE SUMMARY:

The FY 22/23 Street Rehabilitation Project is included in the City’s Capital Improvement Plan and will consist of the rehabilitation of the existing pavement on 2 nd Street between California
Avenue and G Street, 3
rd Street between California Avenue and Kearney Boulevard, El Mar and San Joaquin Avenue between 1
st Street and 4th Street, 4th Street between San Joaquin Avenue and El Mar Avenue, and 3
rd Street between Stanislaus Avenue and San Joaquin Avenue.

Rehabilitation will include a combination of full reconstruction, pulverize and overlay, and application of slurry seal. The Project will also include the reconstruction of curb and gutter, valley gutter, and sidewalk where damaged, construction of new ADA compliant curb ramps and alley drive approaches, and striping and signage improvements. The Project will also replace water services on El Mar Avenue that have been prone to leaks and breaks, resulting in numerous pavement patches.

The City advertised for bids for the Project and bids were received from six contractors on Wednesday, August 30, 2023, and the results are as follows:

Contractor Base Bid
AJ Excavation, Inc. $1,039,350.00
Central Valley Asphalt $1,223,500.00
Jim Crawford Construction Co. $1,242,243.92
Cal Valley Construction $1,247,050.10
Avison Construction, Inc. $1,359,493.00
Granite Construction Co. $1,583,024.00
Engineer’s Estimate $1,113,605.00
30 Section 5, Item E.

Staff has reviewed the bid submitted by AJ Excavation, Inc., along with information regarding their previous work experience. Based on review, Staff has determined the bid received to be responsive and AJ Excavation, Inc. to be a responsible contractor.

FISCAL IMPACT:

The total estimated Project cost is $1,402,000, including design, construction management, inspection, and contingency. The City has budgeted $1,500,000 for the Project from Local Transportation Funds
ATTACHMENTS:

A. Resolution
B. Vicinity Maps
31 Section 5, Item E.

Attachment ‘A’
RESOLUTION NO. 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN
AWARDING CONTRACT FOR FISCAL YEAR 22/23 STREET REHABILITATION PROJECT TO AJ EXCAVATION, INC.

WHEREAS, the Invitation to Bid for the FY 22/23 Street Rehabilitation Project was published in the Kerman News on August 9, 2023 and was sent electronically and mailed to all construction trade journals specified for the City by the California Uniform Construction Cost Accounting Commission in accordance with the City’s Formal Contract Procedures and California Public Contract Code Section 22037; and
WHEREAS, the Project consists of the rehabilitation of the existing pavement on 2nd Street between California Avenue and G Street, 3rd Street between California Avenue and Kearney Boulevard, El Mar and San Joaquin Avenue between 1st Street and 4th Street, 4th Street between San Joaquin Avenue and El Mar Avenue, and 3rd Street between Stanislaus Avenue and San Joaquin Avenue., within the City of Kerman; and
WHEREAS, the following bids for the Project were publicly opened and read aloud at the Kerman City Hall on August 30, 2023 at 2:00 p.m.:

Contractor Base Bid
AJ Excavation, Inc. $1,039,350.00
Central Valley Asphalt $1,223,500.00
Jim Crawford Construction Co. $1,242,243.92
Cal Valley Construction $1,247,050.10
Avison Construction, Inc. $1,359,493.00
Granite Construction Co. $1,583,024.00
WHEREAS, the City Engineer’s Estimate was $1,113,605.00.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN RESOLVES AS FOLLOWS:

1. Upon the recommendation of the City Engineer, the FY 22/23 Street Rehabilitation Project, be awarded to: AJ Excavation, Inc., 9662 W. Kearney Blvd., Fresno, CA 93706 in the amount of One Million and Thirty-Nine Thousand and Three Hundred Fifty Dollars and Zero Cents ($1,039,350.00).

2. The City Manager is authorized to sign the City's standard form of agreement for construction projects, as contained in the bid package on behalf of the City of Kerman.
32 Section 5, Item E.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 13
th day of September 2023, and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Marci Reyes
City Clerk
33 Section 5, Item E.

THIRD ST

FOURTH ST

SAN JOAQUIN AVE

EL MAR AVE

FIRST ST
0 50 100
Feet
Path: F:\2022\22-187\GIS\22-187_SurveyExhibits\22-187_SurveyExhibits.aprx Project Limits Vicinity Map
Location A
Attachment 'A'
34 Section 5, Item E.

KEARNEY BLVD
G ST
A ST
E ST

FIRST ST

MADERA AVE

CALIFORNIA AVE
B ST
C ST
F ST
D ST

FOURTH ST

MANOR DR

SECOND ST

THIRD ST
0 150 300
Feet
Vicinity Map
Location B
Project Limits
Path: F:\2022\22-187\GIS\22-187_SurveyExhibits\22-187_SurveyExhibits.aprx 35 Section 5, Item E.

STAFF REPORT
MEETING DATE: September 13, 2023
PRESENTER: Jerry Jones, City Engineer
SUBJECT: Award of Contract for Fiscal Year 22/23 Street Sealing Project to VSS International, Inc. (JJ)
RECOMMENDATION: Council by motion adopt resolution awarding contract for Fiscal Year 22/23 Street Sealing Project to VSS International, Inc. in the amount of $1,030,120.00 and authorize the City Manager to sign contract.

EXECUTIVE SUMMARY:

The FY 22/23 Street Sealing Project is included in the City’s Capital Improvement Plan and will consist of the sealing of the pavement along various streets within the City. Streets with a more typical level of wear and tear will receive a Type II slurry seal, while streets with a higher level of degradation will receive a rubberized cape seal to extend their useful life. The selection of the streets to be sealed and the appropriate seal type were based on the age of the pavement, the Pavement Condition Index (PCI) from the City’s Pavement Management System (PMS), and field review. The Project will also include dig out and re-paving of severely deteriorated or damaged pavement areas prior to sealing.

The City advertised for bids for the Project and bids were received from two contractors on Wednesday, August 30, 2023, and the results are as follows:

Contractor Base Bid
VSS International, Inc. $1,030,120.00
Pavement Coatings Co. $1,045,256.32
Engineer’s Estimate $820,000.00
Staff has reviewed the bid submitted by VSS International, Inc., along with information regarding their previous work experience. Based on review, Staff has determined the bid received to be responsive and VSS International, Inc. to be a responsible contractor. 36 Section 5, Item F.

FISCAL IMPACT:

The total estimated Project cost is $1,256,000, including design, construction management, inspection, and contingency. The City has budgeted $850,000 for the Project from Local Transportation Funds. The shortfall of $406,000 can be funded by the anticipated savings of $98,000 from the FY 22/23 Street Rehabilitation Project and an additional $308,000 from Local Transportation Funds. If Council does not wish to allocate additional funding to the Project, and instead elects to reject all bids and re-bid, there is no assurance in the current construction climate that the re-bid will result in any lower cost.

ATTACHMENTS:

A. Resolution
B. Vicinity Maps
37 Section 5, Item F.

Attachment ‘A’
RESOLUTION NO. 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN
AWARDING CONTRACT FOR FISCAL YEAR 22/23 STREET SEALING PROJECT TO VSS INTERNATIONAL, INC.

WHEREAS, the Invitation to Bid for the FY 22/23 Street Sealing Project was published in the Kerman News on August 9, 2023 and was sent electronically and mailed to all construction trade journals specified for the City by the California Uniform Construction Cost Accounting Commission in accordance with the City’s Formal Contract Procedures and California Public Contract Code Section 22037; and WHEREAS, the Project consists of the placement of rubberized cape seal or Type II slurry seal on various streets, within the City of Kerman; and
WHEREAS, the following bids for the Project were publicly opened and read aloud at the Kerman City Hall on August 30, 2023 at 2:30 p.m.:

Contractor Base Bid
VSS International, Inc. $1,030,120.00
Pavement Coatings Co. $1,045,256.32
WHEREAS, the City Engineer’s Estimate was $820,000.00.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN RESOLVES AS FOLLOWS:

1. Upon the recommendation of the City Engineer, the FY 22/23 Street Sealing Project, be awarded to: VSS International, Inc., 3785 Channel Drive, West Sacramento, CA 95691 in the amount of One Million and Thirty Thousand and One Hundred Twenty Dollars and Zero Cents ($1,030,120.00).

2. The City Manager is authorized to sign the City's standard form of agreement for construction projects, as contained in the bid package on behalf of the City of Kerman.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 13
th day of September 2023, and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
[Attestation on next page.]
38 Section 5, Item F.

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Marci Reyes
City Clerk
39 Section 5, Item F.

UPRR
UPRR

MADERA AVE

WHITESBRIDGE AVE WHITESBRIDGE AVE
G ST

CALIFORNIA AVE

BOYD AVE

EL MAR AVE

ANNADALE AVE
E ST

SIXTH ST

SISKIYOU AVE

GATEWAY BLVD
F ST
B ST
G ST
D ST
F ST
F ST
G ST
B ST

JOSEPH AVE
D ST
C ST

NIELSEN AVE

ASHLI AVE
C ST
D ST

MONTEREY LN
C ST
B ST
B ST

CALIFORNIA AVE

FOURTH ST

THIRD ST

SECOND ST

VINELAND AVE

COMMERCE WAY

NINTH ST

DATE AVE

SISKIYOU AVE

MODOC AVE

DEL NORTE AVE

SYCAMORE AVE

KEARNEY BLVD

JENSEN AVE

CHURCH AVE CHURCH AVE CHURCH AVE VINELAND AVE

ANNADALE AVE

VINELAND AVE

PARK AVE

STANISLAUS AVE

FIRST ST
E ST

FIRST ST

EIGHTH ST
E ST

MAY AV E

DEL NORTE AVE

MADERA AVE

KEARNEY BLVD

DEL NORTE AVE
A ST

SISKIYOU AVE

CHURCH AVE

VINELAND AVE

SISKIYOU AVE

CALIFORNIA AVE

VINELAND AVE

GOLDENROD AVE

JENSEN AVE

CALIFORNIA AVE
Area 6
Area 10
Area 3
Area 2 Area 4
Area 1 Area 5 Area 7
Area 8
Area 9
Project Vicinity Map
0 1,000 2,000
Feet
Document Path: F:\2022\22-187\GIS\22-187_Kerman_StreetSealingProject\22-187_Kerman_StreetSealingProject.aprx Bakersfield
Fresno
Los Angeles
San Francisco Kerman
0 100 200
Miles
Repair Area Boundaries
Attachment 'B'
40 Section 5, Item F.

STAFF REPORT
MEETING DATE: September 13, 2023
PRESENTER: Jerry Jones, City Engineer
SUBJECT: Award of Contract for the Lions Park Recharge Project to DG Construction Inc. (JJ) RECOMMENDATION: Council by motion adopt resolution awarding contract for the Lions Park Recharge Project to DG Construction Inc. in the amount of $222,770.00 and authorize the City Manager to sign the contract.

EXECUTIVE SUMMARY:

In 2014, the State of California passed the Sustainable Groundwater Management Act (SGMA).

As the primary requirement of SGMA, local agencies who utilize groundwater as a source of supply must reach sustainability by 2040. Simply put, “sustainability” means that each local agency must not utilize more groundwater than they put back into the underground aquifer. In order to achieve this, the City must make efforts to offset groundwater pumping through groundwater recharge projects. In 2022, the City entered into an agreement with Fresno Irrigation District (FID) to receive an annual allocation of surface water to be used for groundwater recharge.

The Lions Park Recharge Project is the City’s first project, of many, that will be required to achieve sustainability by 2040. The Project consists of the installation of an actuated valve, water meter, and associated piping at FID’s existing structure located on the west side of Siskiyou Avenue at the Middleton Avenue alignment. These improvements will allow for water to be released from FID’s system, into the City’s storm drain system, which will then convey the water to the Lions Park Drainage Basin. Once the water is discharged into the basin, it will percolate into the ground, recharging the underground aquifer. With existing infrastructure, the Project will provide a substantial benefit to the City, without significant additional infrastructure costs. The City advertised for bids for the Project and bids were received from five contractors on Wednesday, August 30, 2023, and the results are as follows:

Contractor Base Bid
DG Construction Inc. $222,770.00
HPS Mechanical, Inc. $244,356.00
JT2 Inc. dba Todd Companies $256,050.00
Alliance Construction Solutions, Inc. $264,000.00
Haydon Construction, Inc. $264,615.00
Engineer’s Estimate $157,000.00
41 Section 5, Item G.

Staff has reviewed the bid submitted by DG Construction Inc., along with information regarding their previous work experience. Based on review, Staff has determined the bid received to be responsive and DG Construction Inc. to be a responsible contractor.

FISCAL IMPACT:

The total estimated Project cost is $326,500, including design, construction management, inspection, and contingency. The City has received a Proposition 1 GSP Implementation Grant from the California Department of Water Resources in the amount of $207,515 for the Project.

This leaves a shortfall of $118,985. Staff recommend that the shortfall be funded with Water Operations Reserves, or another source upon Council’s direction. If the Project does not move forward at this time, the City will be unable to meet the grant timeline and will be at risk of losing the grant funding.

ATTACHMENTS:

A. Resolution
42 Section 5, Item G.

Attachment ‘A’
RESOLUTION NO. 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

AWARDING CONTRACT FOR THE LIONS PARK RECHARGE PROJECT
TO DG CONSTRUCTION INC.

WHEREAS, the Invitation to Bid for the Lions Park Recharge Project was published in the Kerman News on August 9, 2023 and was sent electronically and mailed to all construction trade journals specified for the City by the California Uniform Construction Cost Accounting Commission in accordance with the City’s Formal Contract Procedures and California Public Contract Code Section 22037; and
WHEREAS, the Project consists of the installation of an actuated valve, water meter, and associated piping at the Fresno Irrigation District structure along the west side of Siskiyou Avenue at the Middleton Avenue alignment, within the City of Kerman; and WHEREAS, the following bids for the Project were publicly opened and read aloud at the Kerman City Hall on August 30, 2023 at 3:00 p.m.:

Contractor Base Bid
DG Construction Inc. $222,770.00
HPS Mechanical, Inc. $244,356.00
JT2 Inc. dba Todd Companies $256,050.00
Alliance Construction Solutions, Inc. $264,000.00
Haydon Construction, Inc. $264,615.00
WHEREAS, the City Engineer’s Estimate was $157,000.00.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN RESOLVES AS FOLLOWS:

1. Upon the recommendation of the City Engineer, the Lions Park Recharge Project, be awarded to DG Construction Inc., 1576 Menlo Ave., Clovis, CA 93611 in the amount of Two Hundred and Twenty-Two Thousand and Seven Hundred and Seventy Dollars and Zero Cents ($222,770.00).

2. The City Manager is authorized to sign the City's standard form of agreement for construction projects, as contained in the bid package on behalf of the City of Kerman.
43 Section 5, Item G.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 13th day of September 2023, and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
____________________________
Maria Pacheco
Mayor
ATTEST:
____________________________
Marci Reyes
City Clerk
44 Section 5, Item G.

STAFF REPORT
MEETING DATE: September 13, 2023
PRESENTER: Jerry Jones, City Engineer
SUBJECT: Resolution Accepting Improvements and Authorizing Filing of the Notice of Completion for Tract No. 6236 Neighborhood Park (JJ)
RECOMMENDATION: Council by motion adopt resolution accepting improvements for Tract No. 6236 Neighborhood Park and authorizing the City Engineer to record the Notice of Completion.

EXECUTIVE SUMMARY:

Tract No. 6236 is located in the northwest quadrant of the City, at the northeast corner of Siskiyou Avenue and Whitesbridge Road. The Tract consists of 144 single family residential lots, a 1.25-acre neighborhood park, and two outlots reserved for future commercial and multifamily residential use. The City Council approved the Final Map for Tract No. 6236 on September 8, 2021 and with it entered into a subdivision agreement with the Developer, Joseph Crown, for the completion of the required public improvements, including the development of the park. As a condition of the Subdivision Agreement for the Tract, the City must accept the improvements, once satisfactorily completed, and the Developer must post a one-year warranty security.

At this time, the Developer has not completed the entirety of the improvements required by the Subdivision Agreement for the Tract. However, the Developer has completed the development of the park. Since the entirety of the improvements have not been accepted by the City, the park has remained fenced off, much to the disappointment of the residents who have moved into the neighborhood. As such, Staff recommends that Council accept the park improvements only at this time so that it can be opened for resident’s use. The City’s Public Works Inspector has inspected the required park improvements and determined that the improvements have been satisfactorily completed. The Developer has posted the required oneyear warranty security, for the park improvements only at this time. The one-year warranty security is in an amount equal to 10 percent of the cost of the improvements, in compliance with the Subdivision Agreement.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Resolution
45 Section 5, Item H.

Attachment ‘A’
RESOLUTION NO. 23-_____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

ACCEPTING IMPROVEMENTS AND AUTHORIZING FILING OF THE NOTICE OF COMPLETION FOR TRACT NO. 6236 NEIGHBORHOOD PARK
WHEREAS, Joseph Crown has subdivided 39.35 acres of land at the northeast corner of Siskiyou Avenue and Whitesbridge Road into 144 single-family residential lots, a 1.25-acre outlot for a neighborhood park, an outlot for future commercial use, and an outlot for future multi-family residential use via the Final Map for Tract No. 6236; and
WHEREAS, the City and Joseph Crown entered into a Subdivision Agreement for Tract No. 6236 which requires the completion of various public improvements by Joseph Crown, including development of the neighborhood park; and
WHEREAS, Joseph Crown has completed the development of the neighborhood park and the City’s Public Works Inspector has inspected the public park improvements required by the Subdivision Agreement and all public park improvements have been completed; and WHEREAS, the City Engineer recommends acceptance of the public park improvements for the Tract No. 6236 Neighborhood Park and requests Council to authorize the City Engineer to record the Notice of Completion for Tract No. 6236 Neighborhood Park.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN HEREBY ACCEPTS the public park improvements for the Tract No. 6236 Neighborhood Park and authorizes the City Engineer to record the Notice of Completion.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 13th day of September 2023, and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
_______________________________
Maria Pacheco
ATTEST: Mayor
_______________________________
Marci Reyes
City Clerk
46 Section 5, Item H.

STAFF REPORT
MEETING DATE: September 13, 2023
PRESENTER: Theresa Johnson, Community Services Director SUBJECT: Approving Application to the California Strategic Growth Council’s Community Resilience Centers Grant Program (TJ)
RECOMMENDATION: Council by motion adopt resolution approving application for grant funds to the Strategic Growth Council Community Resilience Centers Grant Program EXECUTIVE SUMMARY:

The California Strategic Growth Council has issued an invitation for applications to Round 1 the Community Resilience Centers (CRC) Program for Planning, Project Development, and Implementation Grants. The due date for all final Planning, Project Development, and Implementation Grant Applications is Monday, September 18, 2023. The purpose of the grants is to provide funding for the planning, pre-development, new construction and upgrades for existing neighborhood-level Community Resilience Centers. The Centers may be used for various community programs and events, but should also provide shelter and resources during climate and other emergencies such as extreme heat events and poor air quality days. Funding may also be requested for ongoing year-round community services and programs (such as food distribution and workforce development training) that build overall community resilience.

The City of Kerman is requesting grant funds to construct a 15,400 sq. ft. addition to the existing 11,618 sq. ft. Kerman Community Center to create the Kerman Area Multi-Generational Resiliency Center (KAMGRC). The addition will include resiliency features currently lacking in the existing Community Center, while capitalizing on the amenities that are currently on-site.

Utilizing the existing space and expanding on the Community Center to take advantage of the entire adjacent lawn area creates synergies to expand and maximize square footage. The Community Center currently has two large-capacity refrigerators, one large-capacity freezer, commercial ovens, restrooms, dividable open space, and some storage space. The proposed project would bring air filtration systems; backup broadband access; backup power sources; backup water sources; device recharging capabilities for cell phones and other personal communications devices; laundry; shelter/places for people/pets to sleep during emergencies; showers; space for food preparation and storage; and other resiliency amenities as well as a designated EOC space.
47 Section 7, Item A.

The City will conduct community engagement throughout the final design and construction phase. Partners and organizations who will utilize the space either on an event-by-event basis or through an ongoing use agreement, will also be engaged and encouraged to provide input.

Project Scope includes:
 Hiring a consultant to implement facility construction and upgrade activities.  Conduct community outreach.
 Applicants must demonstrate involvement of community-based organizations and residents in all phases of the proposed project.
o Each application must include a Collaborative Stakeholder Structure (CSS) which formalizes localized partnerships to ensure consistent buy-in and support in the community. The CSS partnership will be documented in a Partnership Agreement and must include residents and community-nominated members from community-based organizations.
o CSS members will be required to sign a letter of commitment to be engaged in the final design process and continuing collaboration.
o Potential community participants in the CSS/Community Stakeholder Task Force include:
 Fresno County Emergency Services
 Fresno County Department of Health
 Valley Health Team
 Kerman Police Department
 North Central Fire District
 Kerman Unified School District
 Centro La Familia
 Kerman Senior Advisory Board
 The City of Kerman is identified as a Priority Community for funding based on: 1) median household income is less than 80% of the statewide MHI; 2) census tracts identified as disadvantaged per SB 535, and; 3) census tracts identified as low-income per AB 1550.  Anticipated award date is December 2023.
 Anticipated start date is approximately March to June 2024. There is a 3 to 6-month PostAward Consultation Process prior to implementation.

Estimated grant request: $10 million
FISCAL IMPACT:

None
ATTACHMENTS:

A. Resolution
48 Section 7, Item A.

Attachment ‘A’
RESOLUTION NO. 23-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING

APPLICATION FOR GRANT FUNDS FOR THE COMMUNITY RESILIENCE CENTERS

PROGRAM FROM THE CALIFORNIA STRATEGIC GROWTH COUNCIL
WHEREAS, the City of Kerman proposes to implement the Kerman Area MultiGenerational Community Resiliency Center Project; and WHEREAS, the City of Kerman has the legal authority and is authorized to enter into a funding agreement with the State of California and the California Strategic Growth Council; and
WHEREAS, the City of Kerman intends to apply for Project Implementation grantfunding from the California Strategic Growth Council’s Community Resilience Centers Program for the Kerman Area Multi-Generational Community Resiliency Center Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN does resolve as follows:

SECTION 1. The foregoing recitals are true and correct and are incorporated by reference.

SECTION 2. The City Manager or designee is hereby authorized and directed to prepare and file an application for funding with the California Strategic Growth Council and take such other actions as necessary or appropriate to obtain grant funding.

SECTION 3. The City Manager or designee is hereby authorized and directed to execute the funding agreement with the California Strategic Growth Council and any amendments thereto.

SECTION 4. The City Manager or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.

SECTION 5. This resolution is effective upon adoption.
49 Section 7, Item A.

The foregoing resolution was approved and adopted by the City Council of the City of Kerman at a regular meeting held on the 13th day of September 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby adopted.
__________________________
Maria Pacheco
Mayor
ATTEST:
____________________
Marci Reyes
City Clerk
50 Section 7, Item A.

STAFF REPORT
MEETING DATE: September 13, 2023
PRESENTER: John Jansons, City Manager
SUBJECT: Authorization for Purchase of Real Property APNs 023-204-14SU, 023-204-16SU and 023-20409 for new Community Public Safety Center (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving the Purchase and Sale Agreement and Joint Escrow instruction for real property known as the land, building and improvements, identified as APN 023-204-14SU, 023-204-16SU Annex) and an unimproved lot compromised of approximately 6,000 square feet, identified as APN 023-204-06 (Lot) from the Barcus Family Limited Partnership, a California limited partnership (Barcus FLP) and S & K Moran Family Limited Partnership, a California limited partnership in the amount of $2,945,740.00 subject to Planning Commission’s finding of conformity with the General Plan.

EXECUTIVE SUMMARY:

The Council has had a long standing goal of developing a new police facility to replace the undersized and inadequate facility at 850 S. Madera. As a Measure M priority project, staff began examining options for constructing a new facility on City-owned land adjacent to the existing facility. The Council commissioned a Needs Assessment to design an adequate replacement facility. The Needs Assessment was completed in 2022 and revealed challenges with the proposed location and cost of a new facility.

As the Needs Assessment was nearing completion, and in light of the information being prepared that suggested site constraints and high cost for new facility, Staff began to explore other options for development of the new facility. This effort resulted in the identification of the Annex Building (APN 023-204-14SU and 023-204-16SU). This building was no longer needed by the Seller and could be remodeled into a new community public safety center at a lower cost and quicker delivery time than a newly constructed building.

Staff also identified an adjacent vacant Lot, APN 023-204-09 (“Lot”) and negotiated a purchase offer that that property as well. This property is proposed for development as a secured, additional parking area.

A Phase I Environmental Site Assessment (ESA) was conducted on both properties and a followup limited Phase II ESA was conducted on the Annex Building property to determine that both properties were free from known environmental defects.

The proposed purchase price(s) were determined to be the Fair Market Value of both properties following a jointly commissioned Appraisal by Buyer and Seller. 51 Section 7, Item B.

Those efforts have culminated in Attachment ‘B’, Purchase and Sale Agreement and Joint Escrow Instructions which is Exhibit ‘A’ to the Resolution.

The purchase price for the Annex is Two Million Eight Hundred Sixty Thousand and No/100 Dollars ($2,860,000.00). The purchase price for the “Lot” is Eighty-Five Thousand Seven Hundred Forty and No/100 Dollars ($85,740.00). The total purchase price for both properties is Two Million Nine Hundred Forty-Five Thousand Seven Hundred Forty and No/100 Dollars ($2,945,740.00).

Seller is currently a party to that certain equipment lease for the lease of the cell tower affixed to the Annex (“Monopole Lease”) which has been disclosed to Buyer. As a condition of this Agreement, Seller shall assign, and Buyer shall assume, Seller’s rights, title, interest and obligations under the Monopole Lease, pursuant to that certain Assignment Agreement as described in Exhibit B of the PSA.

Finally, this transaction provides for lease back provision allowing the seller to use a portion of the property, the warehouse, for storage until they are able to find an alternative location. The Lease shall commence on the Closing Date and continue for a period of up to nine (9) months, and shall comprise approximately 3,660 square feet of the shop portion of the Annex, which shall be leased at a rate of $1.10 per square foot (“Leaseback Space”), as depicted on Exhibit C, as described in Exhibit B of the PSA.

Following Council approval, and concurrent with opening of Escrow, the City will deposit Thirty Thousand and No/100 Dollars ($30,000.00) (Deposit) with Chicago Title as a good faith deposit.

This purchase will be funded by Measure M reserves funds. Future improvement and remodeling costs to complete and open the new facility have yet to be determined, but are anticipated to be in the range of five to eight million dollars ($5,000,000 to $8,000,000) depending on final facility design and pricing.

The additional funds needed to complete the project are anticipated to come from a combination of sources, including: General Fund Reserve, Measure M Reserve, and the three million dollar ($3,000,000) award granted to the City by the State of California through the lobbying and advocacy efforts of Assembly Member Esmerelda Soria and the City.

ATTACHMENTS:

A. Resolution
B. Purchase and Sale Agreement and Joint Escrow Instructions. 52 Section 7, Item B.

Attachment ‘A’
RESOLUTION 23-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN, CALIFORNIA APPROVING THE

PURCHASE SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS WITH BARCUS FAMILY

LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP AND S&K MORAN FAMILY

LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP IN THE AMOUNT OF TWO MILLION NINE HUNDRED FORTY-FIVE THOUSAND SEVEN HUNDRED FORTY AND NO/100 DOLLARS ($2,945,740.00) FOR APNS 023-204-14SU, 023-204-16SU AND 023-204-09 FOR NEW

COMMUNITY PUBLIC SAFETY CENTER

RECITALS
WHEREAS, the City of Kerman has long sought to replace it undersized and outdated Police Station facility, and
WHEREAS, the Measure M funding program proposed a new Police Station Facility as a priority project of the program, and
WHEREAS, the City undertook a Needs Assessment to develop a new facility on City owned land which revealed the proposed site was overly constrained resulting in additional costs unavailable to the City, and
WHEREAS, City Staff undertook an alternative site search for a suitable location to develop the new Police Facility, and
WHEREAS, a property was identified that was available and would better suit the City’s needs, result in lower cost and a faster delivery time for a new a Police Station (“Community Public Safety Facility”), and
WHEREAS, an appraisal was commissioned to determine the fair market value of the property and adjacent vacant lot, and
WHEREAS, a Phase I Environmental Site Assessment (ESA) was conducted on both properties and a follow-up, limited Phase II ESA was conducted on the Annex Building property to determine that both properties were free from known environmental defects.

WHEREAS, Staff completed negotiations for the proposed purchase resulting in a total purchase price for both properties, the “Annex” Building (APN 023-204-14SU and 023-204-16SU) and vacant lot, APN 023-204-09 of Two Million Nine Hundred Forty-Five Thousand Seven Hundred Forty and No/100 Dollars ($2,945,740.00).

NOW, THEREFORE, the City Council of the City of Kerman, California resolves as follows:

Section 1. The above recitals are true and correct and incorporated herein by reference.
53 Section 7, Item B.

Section 2. The City Council approves the Purchase and Sale Agreement and Escrow Instructions attached as Exhibit A and incorporated by reference.

Section 3. The City Manager is authorized to implement the Agreement and to execute any necessary documents.

Section 4. Authorize and direct the Director of Finance to Deposit into Escrow Good Faith Down Payment of Thirty Thousand Dollars ($30,000).

Section 5. This Resolution is effective upon adoption or upon Planning Commission’s finding of conformity per Government Code section 65402.

The foregoing Resolution was considered by the City Council to the City of Kerman at a regular meeting of said Council held on this 13th day of September 2023, and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.

ATTEST:
_______________________
Maria Pacheco
Mayor
_______________________
Marci Reyes
City Clerk
54 Section 7, Item B.
13260.0008 05930630.000
1 AGREEMENT FOR PURCHASE AND SALE

OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS

THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made this ___ day of ____________, 2023, (“Agreement Date”) by and between the CITY OF KERMAN, a municipal corporation (“Buyer”), Barcus Family Limited Partnership, a California limited partnership (“Barcus FLP”) and S&K Moran Family Limited Partnership, a California limited partnership (“Moran FLP” and together with the Barcus FLP, collectively, “Seller”) with Chicago Title Company, Fresno California, as escrow holder (“Escrow Holder”). Seller and Buyer are collectively referenced as Parties.

R E C I T A L S
A. Seller owns that certain real property located in Fresno County, California and desires to sell said property in fee, more specifically identified as follows:
(i) an unimproved lot comprised of approximately 6,000 square feet, identified as APN 023-204-09 (“Lot”); and
(ii) the land, building and improvements, identified as 023-204-14SU and 023-204- 16SU (“Annex”).

The Lot and Annex are collectively referenced as “Property” and are more particularly described in Exhibit A and depicted in red and yellow on Exhibit A-1 which are attached and incorporated by reference.

B. Seller and Buyer wish to enter an agreement for the purchase and sale of the Property upon the terms and conditions more particularly set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the Parties hereto agree as follows:

TERMS AND CONDITIONS

1. PURCHASE AND SALE OF PROPERTY. Pursuant to the terms and conditions of this Agreement, and for the consideration herein set forth, Buyer hereby agrees to purchase from Seller and Seller agrees to sell to Buyer, the Property in AS-IS condition. The parties agree that no personal property shall be included in this transaction.

2. OPENING OF ESCROW. Within five (5) days after the execution of this Agreement by both Buyer and Seller, the parties shall open an escrow (“Escrow”) with Chicago Title Company (“Title Company”) with an office located at 7330 N Palm Ave #101, Fresno, CA 93711, by causing an executed copy of this Agreement to be deposited with Escrow Holder together with Buyer’s Deposit (as defined in Section 3.2 below) (“Opening of Escrow”).

Exhibit 'A'
55 Section 7, Item B.
13260.0008 05930630.000
2 3. PURCHASE PRICE; DEPOSIT; PAYMENT OF PURCHASE PRICE.

3.1 Purchase Price. The purchase price for the Property is Two Million Eight Hundred Sixty Thousand and No/100 Dollars ($2,860,000.00) for the Annex and Eighty-Five Thousand Seven Hundred Forty and No/100 Dollars ($85,740.00) for the Lot, for a total purchase price of Two Million Nine Hundred Forty-Five Thousand Seven Hundred Forty and No/100 Dollars ($2,945,740.00) (“Purchase Price”).

3.2 Deposit. Concurrently with Opening of Escrow, Buyer shall deposit with Escrow Holder the sum equal to Thirty Thousand and No/100 Dollars ($30,000.00) (“Deposit”) to be held by Escrow Holder for the benefit of the parties and applied against the Purchase Price at Closing (as defined in Section 5) or released, refunded or forfeited in accordance with the terms of this Agreement. The deposit shall be refundable to Buyer if Buyer exercises its option to terminate this Agreement on or before the last day of the Due Diligence Period (as defined below). If Buyer does not exercise its option to terminate this Agreement, the Deposit shall become nonrefundable and applicable to the Purchase Price. If escrow fails to close due to a material breach of this Agreement by Buyer, the Deposit shall be released from escrow to Seller as liquidated damages, and Seller agrees that this amount shall constitute Seller’s sole and exclusive remedy.

3.3 Payment of Purchase Price. On or before 1:00 p.m. on the business day preceding the Closing Date or such earlier time as required by Escrow Holder in order to close Escrow on the Closing Date, Buyer shall deposit into Escrow the balance of the Purchase Price in Good Funds (“Balance”).

3.4 Good Funds. Prior to Closing, all funds deposited in Escrow shall be in “Good Funds” which shall mean a wire transfer of funds from a financial institution located in the State of California.

3.5 Financing. Buyer has sufficient cash, available lines of credit, or other sources of immediately available funds to enable it to (a) deliver the amounts due at the Closing, (b) take such actions as may be required to consummate the contemplated transaction herein, and (c) timely pay and perform Buyer’s obligations under this Agreement. Buyer expressly acknowledges that the failure to have sufficient funds shall in no event be a condition to the performance of its obligations hereunder, and in no event shall the Buyer’s failure to perform its obligations hereunder be excused by failure to receive funds from any source.

3.6 1031 Exchange. Each party may engage in an Internal Revenue Code Section 1031 exchange with respect to the sale and purchase of the Real Property and will cooperate with the other Party (at no cost to the other Party) to the extent necessary to accomplish such exchange.

3.7 Special Conditions.
(a) Separation of Power. Seller owns the real property parcel located next to the Annex as depicted in green on Exhibit A-1. As a result, both parcels have been using the same power grid and meter provided by Pacific Gas and Electric Company (“PG&E”). Seller is in the process of separating the power systems between the two parcels, with the goal of installing a separate meter for the Annex. Buyer understands and acknowledges that the timeline for securing a separate meter for the Annex is conditioned on the approval and cooperation of PG&E, which is outside Seller’s control. Both parties understand and agree that completing the separation of power between to the two parcels may occur after the Closing of Escrow. Seller 56 Section 7, Item B.
13260.0008 05930630.000
3 agrees to continue to share electrical service with the Annex for the benefit of Buyer, with Buyer to reimburse the monthly pro-rated share of its electrical usage following Close of Escrow and during renovation of Property until such time that electrical service can be separated and each building can be served separately by PG&E with cost of such retrofit to be shared equally by Buyer and Seller.
(b) Existing Lease. Seller is currently a party to that certain equipment lease for the lease of the cell tower affixed to the Annex (“Monopole Lease”) which has been disclosed to Buyer. As a condition of this Agreement, Seller shall assign, and Buyer shall assume, Seller’s rights, title, interest and obligations under the Monopole Lease, pursuant to that certain Assignment Agreement, attached hereto as Exhibit B and incorporated herein by reference (“Assignment”).
(c) Records. Seller shall provide any records, documents service logs maintenance records, and warranties that pertain to the Annex its equipment or other pertinent documents including UST storage tank decommissioning records, if any. (d) Leaseback. As a material inducement to Seller entering into this Agreement, Buyer, as landlord, agrees to enter into a lease with an entity related to Seller, known as Kerman Telephone Co., a California corporation, as tenant, said lease to be negotiated during the Due Diligence Period (“Lease”). The Lease shall commence on the Closing Date and continue for a period of up to nine (9) months, and shall comprise approximately 3,660 square feet of the shop portion of the Annex, which shall be leased at a rate of $1.10 per square foot (“Leaseback Space”), as depicted on Exhibit C, attached hereto and incorporated herein by this reference. (e) Generator Removal. Seller has informed Buyer that there is a generator affixed to the Annex property that is currently being used by the Annex and Seller’s adjoining parcel. The Seller agrees to remove the generator before expiration of the Lease.

4. CLOSING FUNDS AND DOCUMENTS REQUIRED FROM BUYER AND SELLER.

4.1 Seller. Seller agrees that on or before 12:00 noon on the day preceding the Closing Date, Seller will deposit or cause to be deposited with Escrow Holder all of the following:
a. A grant deed in the form attached hereto as Exhibit D executed by Seller (“Grant Deed”).
b. A Non-Foreign Affidavit as required by federal law.
c. Such funds and other items and instruments as may be necessary in order for Escrow Holder or the Title Company to comply with this Agreement, including Seller’s Charges, defined below.
d. An executed copy of the Lease.
e. An executed copy of the Assignment.
57 Section 7, Item B.
13260.0008 05930630.000
4 4.2 Buyer. Buyer agrees that on or before 12:00 noon on the day preceding the Closing Date, Buyer will deposit with Escrow Holder all additional funds, required under this Agreement, and all of the following:
a. A Preliminary Change of Ownership Statement completed in the manner required in Fresno County.
b. Such funds and other items and instruments as may be necessary in order for Escrow Holder or the Title Company to comply with this Agreement, including, but not limited to, the Deposit, the Balance, and Buyer’s Charges, defined below. c. An executed copy of the Lease.
d. An executed copy of the Assignment.

4.3 Recordation, Completion and Distribution of Documents. Escrow Holder shall confirm that any documents signed in counterpart are matching documents and shall combine the signature pages thereof so as to create fully executed documents. Escrow Holder will date all the documents with the date of Close of Escrow. Escrow Holder will cause the Grant Deed to be recorded when it can issue the Owner’s Title Policy in accordance with Section 6.2, and holds for the account of Buyer and Seller, respectively, the funds and items described above to be delivered to Buyer and Seller, respectively, through Escrow, less costs, expenses and disbursements chargeable to the parties pursuant to this Agreement.

5. CLOSING DATE; OPTIONS TO EXTEND CLOSING; TIME IS OF ESSENCE.

5.1 Closing Date. Escrow shall close within sixty (60) days after Opening of Escrow (“Closing Date”).

5.2 Definition of Closing. The terms “Close of Escrow” and/or “Closing” mean the time Grant Deed is recorded in the Official Records of Fresno County.

5.3 Time is of Essence. The parties specifically agree that time is of the essence of this Agreement.

5.4 Possession. Subject to the terms and conditions of the Lease, upon the Close of Escrow, possession of the Property shall be delivered to Buyer.

6. TITLE POLICY.

6.1 Approval of Title.
(a) Promptly following execution of this Agreement but in no event later than ten (10) days following Opening of Escrow, a preliminary title report shall be issued by (“Title Company”), describing the state of title of the Property, together with legible copies of all exceptions and a map plotting all easements (“Preliminary Title Report”). Within twenty (20) business days after Buyer's receipt of the Preliminary Title Report, Buyer shall notify Seller in writing (“Buyer's Title Notice”) of Buyer's disapproval of any matters contained in the Preliminary Title Report (“Disapproved Exceptions”).
58 Section 7, Item B.
13260.0008 05930630.000
5 (b) In the event Buyer delivers Buyer's Title Notice within said period, Seller shall have a period of ten (10) days after receipt of Buyer's Title Notice in which to notify Buyer of Seller's election to either (i) agree to attempt to remove the Disapproved Exceptions prior to the Close of Escrow; or (ii) decline to remove any such Disapproved Exceptions (“Seller's Notice”).

If Seller notifies Buyer of its election to decline to remove the Disapproved Exceptions, or if Seller is unable to remove the Disapproved Exceptions (other than any obligations of Buyer under Section 7), Buyer may elect either to terminate this Agreement and the Escrow or to accept title to the Property subject to the Disapproved Exception(s). Buyer shall exercise such election by delivery of written notice to Seller and Escrow Holder within five (5) days following the earlier of (i) the date of written advice from Seller that such Disapproved Exception(s) cannot be removed; or (ii) the date Seller declines to remove such Disapproved Exception(s). (c) Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement; provided, however, that Buyer's initial period of review and approval or disapproval of any such additional exceptions shall be limited to five (5) days following receipt of notice of such additional exceptions. (d) Nothing to the contrary herein withstanding, Buyer shall be deemed to have automatically objected to all leases (except the Monopole Lease), deeds of trust, mortgages, judgment liens, federal and state income tax liens, delinquent general and special real property taxes and assessments and similar monetary encumbrances affecting the Property (excluding any such items caused by Buyer), and Seller shall discharge any such non-permitted title matter of record prior to or concurrently with the Close of Escrow except as otherwise specifically provided in this Agreement.

6.2 Owner’s Title Policy. At the Close of Escrow, an ALTA owner's non-extended policy of title insurance shall be furnished to Buyer (“Owner’s Title Policy”) insuring title to the Property vested in Buyer, containing only (i) non-delinquent real property taxes and assessments and (ii) exceptions approved by Buyer in accordance with Section 6.1. The amount of the insurance coverage shall be in the amount of the Purchase Price. The cost of the Owner’s Title Policy shall be paid by Seller. If Buyer elects to obtain an extended ALTA owner’s policy, Buyer shall be responsible to secure a survey at its own cost and expense which shall be delivered to the Title Company not less than thirty (30) days prior to Closing and Buyer shall be responsible to pay for any additional premium. The Title Policy shall include extended coverage or endorsements that Buyer may request but at Buyer’s expense.

7. DUE DILIGENCE AND DUE DILIGENCE PERIOD. For a period of thirty (30) days following the Opening of Escrow (“Due Diligence Period”), Buyer shall have the right to perform any investigations, inspections, and review of documents as Buyer may reasonably determine in order to assess its willingness to purchase the Property pursuant to the terms of this Agreement.

7.1 Review and Approval of Documents and Materials. Within five (5) days of the Opening of Escrow, Seller shall deliver to Buyer any and all documents, reports, surveys, environmental assessments, engineering reports for the Property and other materials in Seller’s possession or under its control or that of its agents, respecting the Property, including any hazardous substance conditions report concerning the Property, any natural hazard zone disclosure report, (collectively, “Materials”). During the Due Diligence Period, Buyer may review and evaluate the Materials to determine whether the Property is appropriate for Buyer’s proposed use, in its sole discretion. Except for the Monopole Lease, Buyer is advised that there are no leases affecting the Property and there are no third parties in possession of the Property. 59 Section 7, Item B.
13260.0008 05930630.000
6 7.2 Buyer’s Due Diligence. During the Due Diligence Period, Buyer and its agents may, at Buyer’s sole expense, conduct tests and physical inspections of the Property, including building inspections and environmental site assessments desired by Buyer. Buyer shall also conduct such investigations with regard to zoning, building codes, and availability of permits and approvals for its intended construction and use of the Property, as it deems prudent in its sole discretion. Buyer shall provide evidence to Seller that Buyer has procured and paid premiums for an all-risk public liability insurance policy written on a per occurrence and not claims made basis in a combined single limit of not less than ONE MILLION DOLLARS ($1,000,000) which insurance names Seller as additional insured. Buyer shall keep the Property free and clear of all mechanic liens, lis pendens and other liens arising out of the entry and work performed under this paragraph and shall maintain or assure maintenance of workers' compensation insurance (or state approved self-insurance) on all persons entering the Property in the amounts required by the State of California. Buyer shall promptly restore the Property to the condition that it was in prior to those tests and inspections and shall indemnify, defend and hold Seller harmless from all damages, costs, loss, expense (including attorney fees) and liability resulting from Buyer’s activities, acts, and omissions on the Property, including, but not limited to, mechanic liens.

Notwithstanding anything to the contrary contained in this Agreement, (i) the defense, indemnity, and hold harmless provision contained in this Section shall not apply to the extent such liabilities arise in connection with the sole negligence or willful misconduct of Seller, its employees, agents, contractors, licensees or invitees and (ii) provided further that Buyer shall have no liability to Seller or to its employees, agents, or contractors by reason of, nor shall Buyer have any duty to indemnify, defend, or hold any person or entity harmless from or against, any liabilities, including, without limitation, any claim for diminution in value of the Property or for environmental remediation or clean-up costs, resulting directly from Buyer having merely discovered and/or reported (to the extent required by applicable law) any adverse physical condition, title condition, environmental condition, or other defect with respect to the Property. The foregoing provisions shall survive the Closing or any termination of this Agreement. At Closing, Buyer shall take the Property subject to any title exceptions caused by Buyer exercising this license to enter the Property.

Copies of any final non-privileged, non-attorney-client work product reports including any survey prepared for Buyer this Agreement shall be delivered to Seller (at no cost to Seller) and, if the Closing does not occur, Seller shall be entitled to use without the consent of the preparer.

7.3 Buyer’s Termination Right. Buyer shall have the right at any time on or before the expiration of the Due Diligence Period to terminate this Agreement if, during the course of Buyer’s due diligence investigations of the Property, Buyer determines in its sole and absolute discretion that the Property is not acceptable to Buyer. Buyer may exercise its right to terminate by delivering written notice of termination to Seller and Escrow Agent (“Termination Notice”) on or before the expiration of the Due Diligence Period. Upon the timely delivery of such Termination Notice, (i) Escrow Agent shall immediately return the Deposit (less any cancellation charges) to Buyer without the need for further instruction or approval of the parties, and (ii) this Agreement shall automatically terminate and be of no further force or effect and neither party shall have any further rights or obligations hereunder. Notwithstanding anything contained herein to the contrary, if Buyer fails to provide a Termination Notice, then Buyer shall be conclusively deemed to have elected to approve its Due Diligence of the Property.
60 Section 7, Item B.
13260.0008 05930630.000
7 8. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.

8.1 Conditions to Buyer's Obligations. The obligations of Buyer under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of the following conditions precedent (“Buyer’s Conditions Precedent”):
(a) Title Company will issue the Owner’s Title Policy as specified in Section

6.2. (b) Buyer has not issued a Termination Notice in accordance with Section 7.3. (c) Escrow Holder holds and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement.
(d) Seller is not in default of its obligations under this Agreement.

8.2 Conditions to Seller's Obligations. The obligations of Seller under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Seller of the following conditions precedent (“Seller’s Conditions Precedent”):
(a) Escrow Holder holds and will deliver to Seller the instruments and funds accruing to Seller pursuant to this Agreement.
(b) Title Company will issue the Owner’s Title Policy as specified in Section

6.2. (c) Buyer is not in default of its obligations under this Agreement. (d) Buyer shall have performed each of the acts to be performed by it under this Agreement, including, without limitation, depositing the Purchase Price (as set forth in Section 3) and Buyer’s Charges (as defined below) into Escrow by the Closing Date.

9. DISCLAIMER OF WARRANTIES. Buyer specifically acknowledges, represents and warrants that, prior to Closing, Buyer and Buyer’s agents, consultants, contractors and representatives will have thoroughly inspected the Property and observed the physical characteristics and condition of the Property. Notwithstanding anything to the contrary contained in this Agreement, Buyer further acknowledges and agrees that Buyer is purchasing the Property subject to all applicable laws, rules, regulations, codes, ordinances and orders. Buyer further acknowledges and agrees that except for any representations and warranties expressly made by Seller in this Agreement, Seller did not make any representations, warranties or agreements of any kind whatsoever, whether oral or written, express or implied, statutory or otherwise, as to any matters concerning the Property, the condition of the Property, the size of the Property and/or the improvements thereon, the present use of the Property or the suitability of Buyer’s intended use of the Property. Buyer hereby acknowledges, agrees and represents that the Property is to be purchased, conveyed and accepted by Buyer in its present condition, “AS IS”, “WHERE IS” AND WITH ALL FAULTS. Buyer further acknowledges and agrees that any documents or information provided by Seller to Buyer are being made available to Buyer for informational purposes only, and, Seller is making no representations or warranties regarding such documents or other information, including the accuracy or completeness of any information contained therein. Buyer hereby represents and warrants to Seller that Buyer will, prior to expiration of the Due Diligence Period, perform an independent inspection and investigation of the Property and will also have 61 Section 7, Item B.
13260.0008 05930630.000
8 investigated and have knowledge of operative or proposed governmental laws and regulations including land use laws and regulations to which the Property may be subject. Buyer further represents that, except for any representations (if any) expressly made by Seller in this Agreement, Buyer shall acquire the Property solely upon the basis of Buyer’s independent inspection and investigation of the Property. Without limiting the generality of the foregoing, Buyer expressly acknowledges and agrees that Buyer is not relying on any representation or warranty of Seller, whether implied, presumed or expressly provided at law or otherwise, arising by virtue of any statute, common law or other legally binding right or remedy in favor of Buyer, except as may be expressly provided in this Agreement.

Sellers’ Initials: _______ _______ Buyer’s Initials: _______

9.1 Release. To the maximum extent permitted by law, Seller, and its shareholder(s), partners, members, managers, directors, officers, employees, representatives, property managers, asset managers, agents, attorneys, affiliated and related entities, heirs, successors and assigns (collectively, the “Released Parties”) shall not be liable for any claim of any kind or character to any person or property arising from or caused by any of the condition of the Property.

Buyer on Buyer’s own behalf and on behalf of Buyer’s agents, members, partners, shareholders, employees, representatives, related and affiliated entities, successors and assigns (collectively, the “Buyer Parties”) hereby releases, waives, discharges, and covenants not to sue Seller or the Released Parties, and each of them, from and against any and all claims arising from, related to or caused by the condition of the Property. Buyer agrees that the above waiver and release extends to all claims of any nature and kind whatsoever, known or unknown, suspected or unsuspected, and Buyer, for itself and for the Buyer Parties, waives the benefits of California Civil Code Section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD

HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
and all similar provisions or rules of law. Buyer elects to and does assume all risk for such claims against the Released Parties which may be brought by Buyer or Buyer Parties heretofore and hereafter arising, whether now known or unknown by Buyer. In connection therewith and to the greatest extent permitted by law, Buyer hereby agrees, represents and warrants that Buyer realizes and acknowledges that factual matters now unknown to Buyer may have given or may hereafter give rise to claims which are presently unknown, unanticipated and unsuspected, and Buyer further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Buyer nevertheless hereby intends to release Seller from any such unknown claims which might in any way be included as a material portion of the consideration given to Seller by Buyer in exchange for Seller’s performance hereunder. Without limiting the foregoing, if Buyer has knowledge of (i) a default in any of the covenants, agreements or obligations to be performed by Seller under this Agreement and/or (ii) any breach or inaccuracy in any representation of Seller made in this Agreement, and Buyer nonetheless elects to proceed to Closing, then, upon the consummation of the Closing, Buyer shall be conclusively deemed to have waived any such default and/or breach or inaccuracy and shall have no claim against Seller or hereunder with respect thereto. Notwithstanding anything to the contrary herein, Seller shall not have any liability whatsoever to Buyer with respect to any matter disclosed to or discovered by Buyer or the Buyer Parties prior to the Closing Date. 62 Section 7, Item B.
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9 Without limiting the generality of the foregoing, but subject to the immediately following paragraph, Buyer hereby expressly waives, releases and relinquishes any and all claims, rights and remedies Buyer may now or hereafter have against the Released Parties, whether known or unknown, under any environmental law(s), or common law, in equity or otherwise, with respect to (1) any past, present or future presence or existence of hazardous materials on, under or about the Property (including in the groundwater underlying the Property) or (2) any past, present or future violations of any environmental laws.

Notwithstanding anything in this Section to the contrary, the releases contained in this Section are not intended to and do not include (i) any claims arising from a breach of Seller’s express representations or warranties in this Agreement (subject to the limitations, disclaimers and other provisions of this Agreement), or (ii) any obligation or other covenant of Seller under this Agreement which by its express terms survives the Closing.

Seller has given Buyer material concessions regarding this transaction in exchange for Buyer agreeing to the provisions of this Section. Seller and Buyer have each initialed this Section to further indicate their awareness and acceptance of each and every provision hereof. The provisions of this Section shall survive the Closing.

Sellers’ Initials: _______ _______ Buyer’s Initials: _______

10. ESCROW PROVISIONS.

10.1 Escrow Instructions. Sections 1 through 6, inclusive; 8, 10, 13 and 14 constitute the escrow instructions to Escrow Holder. If required by Escrow Holder, Buyer and Seller agree to execute Escrow Holder's standard escrow instructions, provided that the same are consistent with and do not conflict with the provisions of this Agreement. In the event of any such conflict, the provisions of this Agreement shall prevail. The terms and conditions in sections of this Agreement not specifically referenced above are additional matters for information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder’s general provisions directly from Escrow Holder and will execute such provision upon Escrow Holder’s request. To the extent that the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller agree to execute additional instructions, documents and forms provide by Escrow Holder that are reasonably necessary to close Escrow.

10.2 General Escrow Provisions. Escrow Holder shall deliver the Owner’s Title Policy to the Buyer and instruct the Fresno County Recorder to mail the Grant Deed to Buyer at the address set forth in Section 14 after recordation. All funds received in this Escrow shall be deposited in one or more general escrow accounts of the Escrow Holder with any bank doing business in Fresno County, California, and may be disbursed to any other general escrow account or accounts. All disbursements shall be according to that party's instructions.

10.3 Real Property Taxes. All general and special real property taxes and assessments shall be prorated to the Close of Escrow on the basis of a thirty (30) day month and a three hundred sixty-day (360) year.

10.4 Payment of Costs.
(a) Cost Allocation. Seller shall pay the costs for the Owner’s Title Policy, documentary transfer taxes and one-half (1/2) of the escrow costs (“Seller’s Charges”). Buyer 63 Section 7, Item B.
13260.0008 05930630.000
10 shall pay one-half (1/2) of the escrow costs and be responsible for any recording charges (“Buyer’s Charges”). All other costs of Escrow not otherwise specifically allocated by this Agreement shall be apportioned between the parties in a manner consistent with the custom and usage of Escrow Holder for major commercial real estate transactions in the Fresno area. (b) Closing Statement. At least two (2) days prior to the Closing Date, Escrow Holder shall furnish Buyer and Seller with a preliminary escrow closing statement which shall include each party’s respective shares of costs. The preliminary closing statement shall be approved in writing by the parties. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to the parties. (c) Prorations. Seller shall be responsible for any supplemental assessments or reassessments made to the extent attributable to any period prior to the Closing Date, and Buyer shall be responsible for all periods thereafter. Buyer shall pay any supplemental taxes assessed pursuant to the laws of the State of California resulting from the sale of the Property to Buyer. Escrow Holder shall prorate rents, interest, premiums on insurance acceptable to Buyer, and real and personal property taxes or assessments relating to the Property, including water district charges and assessments, if any, to the extent attributable to any period prior to the Closing Date to Seller, and to Buyer for all periods thereafter.

10.5 Termination and Cancellation of Escrow. If Escrow fails to close as provided above, either party may elect to cancel this Escrow upon written notice to the other party and Escrow Holder. Cancellation of Escrow, as provided herein, shall be without prejudice to whatever legal rights Buyer or Seller may have against each other arising from the Escrow or this Agreement.

10.6 Information Report. Escrow Holder shall file and Buyer and Seller agree to cooperate with Escrow Holder and with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code Section 6045(e) regarding the real estate sales transaction contemplated by this Agreement, including without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto. Buyer and Seller also agree that Buyer and Seller, their respective employees and attorneys, and escrow Holder and its employees, may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transactions contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither Buyer nor Seller shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.

10.7 No Withholding as Foreign Seller. Seller represents and warrants to Buyer that Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code Section 1445 or an out-of-state seller under California Revenue and Tax Code Section 18805 and that it will deliver to Buyer on or before the Close of Escrow a nonforeign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code Section 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE.

11. NON-COLLUSION. No official, officer, or employee of the Seller has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of the Seller 64 Section 7, Item B.
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11 participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interest found to be “remote” or “non-interest” pursuant to California Government Code Sections 1091 and 1091.5. Seller warrants and represents that (s)he/it has not paid or given, and will not pay or give, to any third party including, but not limited to, any official, officer, or employee of Buyer, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded this Agreement. Seller further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any official, officer, or employee of Buyer, as a result or consequence of obtaining or being awarded any agreement. Seller is aware of and understands that any such act(s), omission(s) or other conduct resulting in the payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Sellers’ Initials: ________ ________

12. DEFAULT

12.1. DEFAULT of BUYER; LIQUIDATED DAMAGES. IF BUYER SHOULD DEFAULT

UNDER THIS AGREEMENT, THEN BUYER AND SELLER AGREE THAT SELLER WILL INCUR

DAMAGES BY REASON OF SUCH DEFAULT BY BUYER OR FAILURE OF ESCROW TO

CLOSE ON OR BEFORE THE CLOSING DATE, WHICH DAMAGES SHALL BE IMPRACTICAL AND EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN. BUYER AND SELLER,

IN A REASONABLE EFFORT TO ASCERTAIN WHAT SELLER'S DAMAGES WOULD BE IN

THE EVENT OF SUCH DEFAULT BY BUYER HAVE AGREED BY PLACING THEIR INITIALS

BELOW THAT THE DEPOSIT SHALL BE DEEMED TO CONSTITUTE A REASONABLE ESTIMATE OF SELLER'S DAMAGES UNDER THE PROVISIONS OF SECTIONS 1671, 1676 and 1677 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. IN THE EVENT OF AND FOR

SUCH DEFAULT BY BUYER, THE DEPOSIT SHALL BE SELLER'S SOLE MONETARY

REMEDY THEREFOR, UNLESS BUYER WRONGFULLY REFUSES TO CAUSE ESCROW

HOLDER TO CANCEL THE ESCROW, IN WHICH INSTANCE SELLER SHALL ALSO BE

ENTITLED TO ALL COSTS AND EXPENSES, INCLUDING ACTUAL ATTORNEYS' FEES

INCURRED BY SELLER WHICH MAY RESULT FROM BUYER'S WRONGFUL FAILURE TO CANCEL THE ESCROW AND THIS AGREEMENT. FURTHERMORE, THE FOREGOING

LIMITATION OF DAMAGES SHALL NOT APPLY TO ANY INDEMNIFICATION OBLIGATIONS OF BUYER.

Sellers’ Initials: _______ ______ Buyer’s Initials: _______

12.2 Default by Seller. If all conditions precedent to Seller's obligations to sell the Property have occurred but Seller fails to Close under this Agreement for any reason other than the default by Buyer under this Agreement, Buyer shall have the right to terminate this Agreement and receive the return of the Deposit.

13. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be served on the parties at the addresses set forth below. Any such notices shall, unless otherwise provided herein, be given or served (i) by depositing the same in the United States mail, postage paid, certified and addressed to the party to be notified, with return receipt requested, (ii) 65 Section 7, Item B.
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12 by overnight delivery using a nationally recognized overnight courier, (iii) electronic mail, or (iv) by personal delivery. Notice deposited in the mail in the manner hereinabove described shall be effective upon receipt or rejection of such notice. Notice given in any other manner shall be effective only if and when received (or rejected) by the party to be notified between the hours of 8:00 a.m. and 5:00 p.m. California time of any business day with delivery made after such hours to be deemed received the following business day. A party’s address may be changed by written notice to the other party; however, no notice of a change of address shall be effective until actual receipt of such notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.

To Seller:

With a copy to:

Barcus Family Limited Partnership and
S&K Moran Family Limited Partnership
Attn: William Barcus
7600 N. Palm Avenue
Suite 101
Fresno, CA 93711
Email: [email protected]
Anna Allen
Whitney, Thompson & Jeffcoach, LLP
970 W. Alluvial Avenue
Fresno, CA 93711
Email: [email protected]
To Buyer: City of Kerman
850 S. Madera Avenue
Kerman, CA 93630
Attention: John Jansons, City Manager
Email:

To Escrow Holder: Chicago Title Company
Sue Meyer
7330 N Palm Ave #101
Fresno, CA 93711
Email: [email protected]

15. GENERAL PROVISIONS.

15.1 Assignment. Neither party shall have the right to assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent of the other party.

Notwithstanding the foregoing, this Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns.

15.2 Attorney’s Fees. In any action between the parties hereto, seeking enforcement of any of the terms and provisions of this Agreement or the Escrow, or in connection with the Property, the prevailing party in such action shall be entitled, to have and to recover from the other party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding, in addition to its recoverable court costs. 66 Section 7, Item B.
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13 15.3 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement, (without giving effect to its choice of law principles). Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates.

15.4 No Waiver. No delay or omission by either party in exercising any right or power accruing upon the compliance or failure of performance by the other party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof.

15.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto.

15.6 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

15.7 Merger. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated hereby and all prior to contemporaneous agreements, understandings, representations and statements (including letters of intent), oral or written, are merged herein and shall be of no further force or effect.

15.8 Execution of Documents. The parties agree to execute such instructions to Title Company and such other instruments and to do such further acts as may be reasonably necessary to carry out the provisions of this Agreement.

15.9 Inducement. The making, execution and delivery of this Agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those expressly set forth herein.

15.10 Relationship of Parties. Notwithstanding anything to the contrary contained herein, this Agreement shall not be deemed or construed to make the parties hereto partners or joint venturers, or to render either party liable for any of the debts or obligations of the other, it being the intention of the parties to merely create the relationship of Seller and Buyer with respect to the Property to be conveyed as contemplated hereby.

15.11 Survival. Notwithstanding the Closing, delivery of instruments, conveyances of Property, and payment of consideration therefor, the parties agree that the respective representations, warranties, covenants, indemnities, and agreements made by each party pursuant to this Agreement, or any document delivered pursuant to this Agreement, shall survive the Closing.
67 Section 7, Item B.
13260.0008 05930630.000
14 15.12 Indemnification of Seller. Buyer shall indemnify, defend, and hold harmless Seller, and Seller's successors and permitted assigns, and each of them, against and in respect of any or all claims, demands, losses, costs, expenses, obligations, liabilities, and damages of every nature (including, without limitation, the investigation and/or defense thereof, and reasonable attorneys’, paralegals’, and other professionals’ fees and costs resulting from Seller’s or its Agent’s actions or inactions), that any of them shall incur or suffer that arise out of, in connection with, or are related to (i) any debts, liabilities, responsibilities or obligations relating to the Real Property arising or accruing after the Closing, or (ii) any threatened or actual breach of any representation, warranty or covenant under this Agreement by Buyer.

15.13 Indemnification of Buyer. Seller shall indemnify, defend, and hold harmless Buyer, and Buyer's successors and permitted assigns, and each of them, against and in respect of any or all claims, demands, losses, costs, expenses, obligations, liabilities, and damages of every nature (including, without limitation, the investigation and/or defense thereof, and reasonable attorneys’, paralegals’, and other professionals’ fees and costs, resulting from Buyer’s or its Agent’s actions or inactions), that any of them shall incur or suffer that arise out of, in connection with, or are related to (i) any debts, liabilities, responsibilities or obligations relating to the Real Property arising or accruing on or before the Closing, or (ii) any threatened or actual breach of any representation, warranty or covenant under this Agreement by Seller.

15.14 No Personal Liability. No member, official, employee, agent or contractor of Seller shall be personally liable to Buyer in the event of any default or breach by Seller or for any amount which may become due to Buyer or on any obligations under the terms of the Agreement.

15.15 Material Damage or Condemnation Prior to Close of Escrow. Seller will bear the risk of condemnation and of damage to the Property or any portion thereof from any and all causes whatsoever except any damage caused by Buyer or Buyer’s representatives, employees, independent contractors or agents, up to the Close of Escrow. Buyer shall have the option, in the event that damage to the Property is material, or a material portion of the Property is taken by condemnation prior to the Close of Escrow, to terminate this Agreement, and if Buyer exercises its option to terminate, the Deposit shall be disbursed by Escrow Holder to Buyer within fifteen (15) days after a written demand from Buyer to Escrow Holder. If Buyer does not elect to terminate or if such condemnation or damage is not material, this Agreement shall remain in full force and effect, Seller shall assign to Buyer, at the Close of Escrow, any and all such condemnation or insurance proceeds, and Buyer shall take title to said Property subject to such condemnation or damage.

15.16 Representation by Counsel. Each party hereto represents and agrees with each other that it has been represented by or had the opportunity to be represented by, independent counsel of its own choosing, and that it has had the full right and opportunity to consult with its respective attorney(s), that to the extent, if any, that it desired, it availed itself of this right and opportunity, that it or its authorized officers (as the case may be) have carefully read and fully understand this Agreement in its entirety and have had it fully explained to them by such party’s respective counsel, that each is fully aware of the contents thereof and its meaning, intent and legal effect, and that it or its authorized officer (as the case may be) is competent to execute this Agreement and has executed this Agreement free from coercion, duress or undue influence.

15.17 Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. 68 Section 7, Item B.
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15 15.18 Exhibits. Exhibits A, A-1, B, C and D are attached hereto and incorporated herein by reference.

15.19 Brokers. Buyer and Seller each represent and warrant to and for the benefit of the other that such party has not caused any liability for payment of any broker’s commission or finder’s fee to be incurred with respect to the transaction which is the subject of this Agreement, and both Buyer and Seller agree to indemnify and save the other party harmless from and against any liability for such commission or fee.

15.20 Authority. Buyer and Seller each represent and warrant to and for the benefit of the other that such party is a duly organized and validly existing corporation formed under the laws of the State of California, duly qualified to transact business in the State of California, and all of its obligations in connection herewith have been duly and validly authorized by all necessary action(s). Buyer and Seller further represent and warrant that each has the authority to sell or purchase the Property, and pay the Purchase Price, as the case may be, and to carry out the terms of this Agreement as set forth herein. Each party further warrants and represents that execution of this Agreement and performance of each party’s obligations under this Agreement will not violate any agreement, option, covenant, condition, obligation, or undertaking of said party.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions as of the Agreement Date.

Note: Sections 9, 11, and 12 need to be separately initialed by the parties.

SELLER BUYER

BARCUS FAMILY LIMITED
PARTNERSHIP, a California limited
partnership
By: ________________________
Ruth Barcus, General Partner
Date: ______________________

S&K FAMILY LIMITED PARTNERSHIP,
a California limited partnership
By: ________________________
Susan Moran, General Partner
Date: ______________________

CITY OF KERMAN,
a municipal corporation
By: ________________________
John Jansons, City Manager
Date: ______________________
ATTEST:
___________________________
Marci Reyes, City Clerk
APPROVED AS TO FORM:

MONTOY LAW CORPORATION
By: ________________________________
Hilda Cantu Montoy, City Attorney
Date: ______________________
69 Section 7, Item B.
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1 EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

ANNEX BUILDING
Lots 1, 2, 3, and 4 in Block 13 of the Town of Kerman, in the City of Kerman, County of Fresno, State of California, as per map recorded March 27, 1906, in Book 3, Page 31 of Record of Surveys, Fresno County Records.

APN 023-204-14SU
Lots 5 and 6 in Block 13 of the Town, (now City), of Kerman, according to the map thereof recorded in Book 3 Page 31 of Record of Surveys, Fresno County Records.

EXCEPTING THEREFROM all oil, gas, other hydrocarbon substances and minerals of any kind or character, in, on, or thereunder, as reserved in Deeds of record.

APN 023-204-16SU
LOT
Lots 8 and 9 in Block 13 of the Town of Kerman, in the City of Kerman, County of Fresno, State of California, according to the map thereof recorded in Book 3, Page 31 of Record of Surveys, Fresno County Records.

APN 023-204-09
70 Section 7, Item B.
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1 EXHIBIT A-1

DEPICTION OF PROPERTY
71 Section 7, Item B.
13260.0008 05930630.000
1 EXHIBIT B

ASSIGNMENT AND ASSUMPTION OF LEASE
(Cell Tower Lease)
This ASSIGNMENT AND ASSUMPTION OF LEASE (the “Assignment”), dated as of the Effective Date (as defined below), is by and between (i) Barcus Family Limited Partnership, a California limited partnership (“Barcus FLP”), (ii) S&K Moran Family Limited Partnership, a California limited partnership (“Moran FLP” and together with the Barcus FLP, collectively, “Assignor”), and (iii) the CITY OF KERMAN, a municipal corporation (“Assignee”).

RECITALS
A. Assignor and Assignee are parties to that certain Property Purchase and Sale Agreement, dated ______________, 2023 (“Purchase Agreement”). Pursuant to the terms and conditions of the Purchase Agreement, Assignor has agreed to assign the Lease, defined below, to Assignee. Any capitalized terms included, but not defined, herein shall have the meaning ascribed to it in the Purchase Agreement.

B. Assignor is a party to that certain Site Lease Agreement by and between Assignor, as landlord, and T-Mobile West, LLC, a Delaware limited liability company, as tenant (“Tenant”), dated _______________, 2023 a copy of which is attached hereto in “Exhibit A” and incorporated herein by this reference (the “Lease”). Pursuant to the Lease, Assignor has leased to the Tenant, the Tower and Antenna Facilities, as defined in the Lease, affixed to the roof of the Annex, which is part of the Property being sold to Assignee under the Purchase Agreement.

C. To effectuate the assignment of the leasehold interest in the Lease, Assignor desires to assign all of its interest under the Lease to Assignee, including, without limitation, all of Assignor’s rights as the landlord under the Lease, and to delegate all of Assignor’s duties, covenants, obligations, and responsibilities as the landlord under the Lease, to Assignee, and Assignee desires to accept the assignment of the Lease, including, without limitation, all of Assignor’s rights as the landlord under the Lease, and the delegation of all of Assignor’s duties, covenants, obligations, and responsibilities as the landlord under the Lease, pursuant to the terms and subject to the conditions set forth in this Assignment.

AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing recitals which are specifically incorporated into the body of this Assignment, and the promises and covenants set forth herein, the parties hereto agree as follows:

1. Assignment. Effective as of the Effective Date (as defined below), Assignor hereby assigns to Assignee all of its right, title and interest in and to the Lease.

2. Assumption. Assignee hereby accepts the assignment set forth in Section 1 above, and hereby assumes all of the Assignor’s obligations under the Lease arising or accruing on and after the Effective Date.

3. Effective Date. This Assignment shall be concurrent with the Closing Date as defined in the Purchase Agreement (the “Effective Date”). 72 Section 7, Item B.
13260.0008 05930630.000
2 4. Binding on Successors. This Assignment shall be binding on and shall inure to the benefit of the parties hereto, their heirs, executors, administrators, successors in interest and assigns.

5. Reaffirmation of Lease. Except as set forth in this Assignment, all of the terms and provisions of the Lease shall remain unmodified and in full force and effect, and shall be incorporated herein.

6. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California.

7. Legal Costs. If any party to this Assignment shall take any action to enforce this Assignment or bring any action or commence any arbitration for any relief against any other party, declaratory or otherwise, arising out of this Assignment, the losing party shall pay to the prevailing party a reasonable sum for attorneys’ and experts’ fees and costs incurred in bringing such suit or arbitration and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action or arbitration and shall be paid whether or not such action or arbitration is prosecuted to judgment. Any judgment or order entered in such action or arbitration shall contain a specific provision providing for the recovery of attorneys’ and experts’ fees and costs incurred in enforcing such judgment. All fees and costs to be paid under this Section shall be determined by a court of competent jurisdiction and not by a jury. For purposes of this Section, attorneys’ and experts’ fees and costs shall include, without limitation, fees and costs incurred in the following: (a) post-judgment motions; (b) contempt proceedings; (c) garnishment, levy, and debtor and third party examinations; (d) discovery; and (e) bankruptcy litigation; and (f) appeals.

8. Counterparts. This Assignment may be executed in counterparts, each of which shall be deemed an original (including copies sent to a party by electronic means) as against the party signing such counterpart, but which together shall constitute one and the same instrument.

9. Further Assurances. The parties agree to execute such instruments, documents, and notices, as Assignor or Assignee may deem reasonably necessary or advisable from time to time in order to effectuate the intent of this Assignment.

10. Entire Agreement. There are and were no oral or written representations, warranties, understandings, stipulations, agreements, or promises made by either party, or by any agent, employee, or other representative of either party, pertaining to the subject matter of this Assignment which have not been incorporated into this Assignment. This Assignment shall not be modified, changed, terminated, amended, superseded, waived, or extended except by a written instrument executed by the parties hereto.
[signatures appear on next page]
73 Section 7, Item B.
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3 IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the Effective Date.

ASSIGNOR: ASSIGNEE:

BARCUS FAMILY LIMITED CITY OF KERMAN, a
PARTNERSHIP, California limited municipal corporation
partnership

By:________________________
______________________________ John Jansons
RUTH BARCUS, General Partner City Manager

MORAN FAMILY LIMITED
PARTNERSHIP, California limited
partnership
______________________________
SUSAN MORAN, General Partner
74 Section 7, Item B.
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4 EXHIBIT “A”

TO ASSIGNMENT AND ASSUMPTION OF LEASE
[Attach Lease]
75 Section 7, Item B.
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5 EXHIBIT C

DEPICTION OF LEASEBACK SPACE
76 Section 7, Item B.
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6 EXHIBIT D

GRANT DEED

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged and subject to the covenants set forth below the Barcus Family Limited Partnership, a California limited partnership and S&K Moran Family Limited Partnership, a California limited partnership (“Grantors”) grant to CITY OF KERMAN, a municipal corporation (“Grantee”), that certain improved real property in the City of Kerman, County of Fresno, State of California, as more particularly described in Exhibit A attached hereto and incorporated by this reference (“Property”), together with Seller’s right, title and interest in and to any and all privileges, easements, rights of way and other rights and appurtenances solely related to the ownership of the Property.

IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed on its behalf as of the date written below.

BARCUS FAMILY LIMITED PARTNERSHIP,
a California limited partnership
By:__________________________
Ruther Barcus, General Partner
_________________, 2023

S&K MORAN FAMILY LIMITED
PARTNERSHIP, a California limited
partnership
By: ____________________
Susan Moran, General Partner
_________________, 2023
APN. 023-204-14SU; 023-204-16SU; 023-204-09 (Space Above This Line for Recorder’s Office Use Only) THE UNDERSIGNED GRANTOR DECLARES that the
documentary transfer tax (computer on full value) is
$______________.
77 Section 7, Item B.
13260.0008 05930630.000
1 EXHIBIT A TO GRANT DEED

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

APN 023-204-14SU
Lots 5 and 6 in Block 13 of the Town, (now City), of Kerman, according to the map thereof recorded in Book 3 Page 31 of Record of Surveys, Fresno County Records.

EXCEPTING THEREFROM all oil, gas, other hydrocarbon substances and minerals of any kind or character, in, on, or thereunder, as reserved in Deeds of record.

APN 023-204-09
78 Section 7, Item B.
13260.0008 05930630.000
2 STATE OF CALIFORNIA )
) ss.

COUNTY OF FRESNO )
On _________________, 20__ before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
79 Section 7, Item B.

STAFF REPORT
MEETING DATE: September 13, 2023
PRESENTER: John Jansons, City Manager
SUBJECT: Overview of Reedley Lab (JAJ)
RECOMMENDATION: Council review materials regarding the Reedley Lab situation and provide any direction to Staff and City Attorney regarding bio-labs and hazardous materials.

EXECUTIVE SUMMARY:

In July of 2023, the presence of an improperly licensed and permitted biological, virology laboratory business operating in Reedley made headlines. Reedley Code Enforcement personnel originally discovered the lab in December of 2022 and it has been further learned that this same company had previously operated in the city of Fresno for some time before closing there.

Biological materials, their storage practices, housekeeping, and operational practices which were subsequently discovered, raised serious and immediate concerns for public health and safety.

The attached PowerPoint presentation (Attachment ‘A’), provided by Fresno County Department of Public Heath details the timeline, findings, and actions associated with investigating and abating this concerning business in Reedley.

According to Reedley City Manager, Nicole Zieba, several additional steps are proposed and planned to further address this case as detailed in the Attachment ‘B’ (E-mail to City Managers).

As a result of the widespread publicity and concern this case has garnered, Council Member Coleman inquired as to, “if there anything Kerman should do to prevent a similar situation from occurring in Kerman?”
At present, Title 17 (the Zoning Code) of the Kerman Municipal Code does not specifically address uses such as biomedical or research laboratories. However, section 17.52.030,

17.54.030, 17.60.030 (Industrial zone districts) allows uses or production of hazardous materials including those listed under Chapter 6.95 of the California Health and Safety Code "Hazardous Materials Release Response Plans and Inventory", subject to the approval of a conditional use permit. Unfortunately, this section primarily addresses industrial uses and not medical, biomedical or scientific research facilities where dangerous, toxic or exotic biological materials or viral agents may be found.
80 Section 7, Item C.

Some surrounding cities are addressing this through new ordinances or moratorium ordinance.

While some ordinance changes may be needed, the City may want to wait to have the dust settle before proposing a new ordinance with safeguards to be implemented. Any new ordinance will require research and analysis. It may be helpful to review what other cities are doing. Reedley is not adopting an ordinance but is engaging in a study/investigation period via a moratorium ordinance. Continued monitoring with report in 45 days may be most efficient way to proceed.

It is recommend that the City Council discuss the risk profile inherent in such laboratory operations, and consider the following options:

1. Direct staff to continue to monitor situation and potential ordinance changes and report back to Council in 45 days with new information as this case unfolds and more is learned.

2. Consider any “blind spots” or direction deemed appropriate by Council.

3. Direct staff to prepare moratorium ordinance for future meeting.

4. Direct staff to commence preparation of ordinance; such ordinance could be presented to Council when the new Zoning Update is brought to Council for approval in FY 23/24.

ATTACHMENTS:

A. PowerPoint Presentation
B. E-Mail Correspondence
81 Section 7, Item C.

Reedley Lab Update
August 8, 2023
Joe Prado, Assistant Director
1 82
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2018 – 2022 Universal MediTech Site
2 83
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Date: 10/31/2022
Photos Taken By City of Fresno
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Date: 10/31/2022
Photos Taken By City of Fresno
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City of Fresno Chronology of Events
 August 14, 2018 – Universal MediTech lab located at the Fresno’s North Pointe Industrial Business Park.
 August 26, 2020 – Universal MediTech location experienced a small fire.  August 31, 2020 – Environmental Health CUPA inspection performed at Universal Meditech at 1320 E. Fortune Ave #102 in Fresno.
 EH Inspector conducted onsite visit and noted violations: failing to prepare and implement a hazardous materials business plan (HMBP) for storage of hazmat (ethanol) over state thresholds
 Permit was completed and valid from 9-1-2020 through 8-31-2021. Inspections are every 3 years from initial inspection, unless complaint is received. 5 86
Section 7, Item C.

City of Fresno Chronology of Events
 October 31, 2022 – FCDPH staff received a complaint from City of Fresno Code Enforcement and City Fire Department regarding chemicals stored at the Universal MediTech facility in Fresno.
 November 1, 2022 – FCDPH staff visited Universal MediTech site at 1320 E. Fortune Ave #102 in Fresno. Were not able to access facility.
 November 3, 2022 – FCDPH staff met City of Fresno Code Enforcement officer and property management at facility.
6 87
Section 7, Item C.

City of Fresno Chronology of Events
 November 8, 2022 - No response from general manager. FCDPH staff again visited Universal MediTech site but were again not able to access facility.  November 8, 2022 – FCDPH staff received an email after visiting facility from Xiao Xiao Wang, President/CEO of Universal MediTech Inc. regarding status of facility.  November 10, 2022 - Email response to Xiao Xiao Wang regarding the hazardous materials storage and transportation requirements.
 November 23, 2022 - No response back from operators or CEO/President. FCDPH staff visited Universal MediTech facility and were again not able to access facility.  November 29, 2022 - Phone call with property management regarding status of business. 7 88
Section 7, Item C.

Reedley Site – 850 I Street Reedley, CA 93654
8 89
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Reedley Site
9 90
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Reedley Site
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Reedley Site
11 92
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Reedley Chronology
December 2022 through January 2023
December 19, 2022 –City of Reedley Code Enforcement Officer contacted FCDPH regarding business found operating at 850 I Street.
 December 20, 2022 - Reedley Code Enforcement citing multiple code, building, and zoning violations for business, and had concerns regarding possible hazardous materials stored at facility.
 Emails with the Reedley Code Enforcement, CDPH, and FDA to coordinate a response.
 Reedley Code Enforcement and FCDPH contacted FBI regarding potential public safety risks.
 December 20, 2022 - FCDPH contacted FDA and CDPH requesting assistance regarding suspicious medical test manufacturing company.
 December 21, 2022 - FBI coordinated meeting with State, Federal and Local agencies and instructed the agencies to standby until conclusion of their investigation.  January 2023 through February 2023 – Ongoing regular communication with Federal and State agencies. 12 93
Section 7, Item C.

Reedley Chronology
February 2023
 February 9, 2023 - FCDPH is informed by DTSC that FBI has given State and Local agencies approval to resume civil investigation.
 February 9, 2023 - Universal MediTech issues a nationwide recall of its COVID-19 test kits.  February 24, 2023 - Multi-agency meeting to coordinate investigation of Prestige Biotech.  CDPH Food & Drug Branch to take lead on investigation of medical devices. 13 94
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Reedley Chronology
March 2023
 March 3, 2023 - FCDPH staff met at City of Reedley Fire Department with CDPH, DTSC, City of Reedley Police, Fire, Code Enforcement, and Building Inspector.  Conducted walk thru of facility.
 No reportable amount of hazardous materials observed in accessible areas.  City of Reedley posted Unsafe to Occupy Notice on front door of building.  The site is contained and there is no imminent risk to the public.  March 6, 2023 - Received email that City of Reedley was granted access to facility by Prestige Biotech.
 City of Reedley to obtain inspection by March 10th and include all agencies involved on inspection warrant.
14 95
Section 7, Item C.

Reedley Chronology
March 2023 CONT.
 March 16, 2023 - FCDPH staff met with CDPH, DTSC, and City of Reedley and briefed on inspection warrant.
 Met with Consultant for Prestige Biotech.
 CDPH Food & Drug Branch staff went through and embargoed the unapproved medical test kits and medical supplies.
 DTSC did not take any samples. They did not see hazardous waste generated.  The site is contained and there is no imminent risk to the public. 15 96
Section 7, Item C.

Reedley Chronology
End of March through April 2023
 March 22, 2023 – FCDPH meets with Health Officer, CAO, and BOS member on the Reedley Lab situation.
 State and Federal authorities stated that abatement is the County’s responsibility  FCDPH emailed Prestige President requesting complete inventory of all materials onsite that pose a public safety risk.
 Communication and requests for inventory continued through April with incomplete and delayed responses from business representative.  March 24, 2023 - FCDPH and City of Reedley coordinate with State Veterinarian contractor to provide water and distribute remaining food to lab mice.  April 21, 2023 - 1
st Health Officer Order Issued
 April 26, 2023 - FCDPH contacted Sheriff’s to assess any potential explosion hazard associated with some chemicals found onsite.
16 97
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Reedley Chronology
May through July 2023
 May 2-4, 2023 - Multi-agency onsite investigation conducted under Health Officer Order.  FCDPH, CDC, CDPH, FDA, and City of Reedley.
 May 31, 2023 - 2
nd Health Officer Order Issued Publicly – Closure and Abatement Order.  June 9, 2023 - 3
rd Health Officer Order Amended to Extend Due Date.
 Extension was granted to June 11, 2023.
 June 15, 2023 - Filed with Superior Court an Abatement Warrant to destroy all biologicals.  June 23, 2023 - Judge of the Superior Court signs Abatement Warrant.  June 26, 2023 - Abatement warrant issued by Superior Court.  July 5-7, 2023 - Biological materials in approximately 36 refrigerators/freezers were properly removed and transported for destruction by licensed contractor. 17 98
Section 7, Item C.

Reedley Site No Imminent Threat to
Public Safety – Assessment Measures
 Onsite air testing was clear
 Water and wastewater testing found no issues
 Electrical power was maintained to refrigerators and freezers  Syndromic Surveillance from all Fresno County emergency rooms did not show any anomalies
 COVID-19 Wastewater and Clinical Surveillance demonstrated normal variants circulating in the community
18 99
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Proposed Site – 3900 N. Blatella Lane, Fresno, CA 93727 19 100
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Next Steps
 We are aware of the ongoing investigation with the U.S. Food and Drug Administration, California Department of Public Health, Food and Drug Branch, and U.S. Environmental Protection Agency.
 Federal Bureau of Investigation is providing consultation as needed.  The FCDPH cannot comment on criminal investigations by the federal, state, or local enforcement agencies.
 The FCDPH is supporting the City of Reedley to remove chemicals, equipment, and medical devices on site through their own City Abatement warrant.  FCDPH has offered assistance and will continue to collaborate with City of Fresno on any issues with the proposed site.
 Opportunity for federal and state regulations to be evaluated on the regulation and oversight of privately funded research and development laboratories. 20 101
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Questions?
21 102
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Attachment ‘B’
August 30, 2203
Fellow CM’s, I wanted to reach out to share some information about what has been happening with the Reedley illegal lab situation. There is so much I would like to share, but given how time constrained we all are, I will hold the majority of thoughts until we meet in person. Reedley has experienced a gigantic learning curve in how to engage these state and federal agencies. The roadblocks in the bureaucracy have been mind-boggling, so I certainly want to make sure I pass along the protocols that these agencies must follow in order to work with local government. For now, however, there are a few key timely items that you may be wondering about.

First, the City’s website has a link on our homepage that jumps you to the County’s page for all of the formal information on what has occurred. There is a You Tube segment on the presentation that Joe Prado, Assistant Public Health Director, and I gave to the Board. The Superior Court’s web link with all of the Inspection and Abatement Warrant documents is also on that page. Don’t hesitate to contact me directly with any questions or concerns about the information you see there. Your Code Officers and City Attorneys may find the warrant paperwork helpful in future cases you may have. We have learned volumes in Due Process and 4th Amendment regulations for non-criminal type situations.

Second, the City of Reedley is finalizing a Draft Ordinance that will go to our Council on September 12th. It will place a temporary moratorium on the establishment of labs with Bio Safety Hazard Levels 2-4 (Level 1 labs are like agricultural labs and such that deal with microbes and organisms that are non-hazardous to humans and we have no desire to rock the boat with our ag partners in the City). CLIA regulated labs (federal and State regulated labs), like hospital and doctor office labs are excluded from this Ordinance. This moratorium will allow the City to go back and amend our Zoning Code to explore longterm permitting (if any) for labs. In conjunction with this, we are currently working with the Public Health Department and County Counsel’s Office as they explore a process through formal MOU that will allow the Public Health Department to work closer with each city and keep all County residents safe.

Both of these items are stop-gap interim items until we can press for fixes to the national and state regulations that have some pretty gaping holes in regulation for non-CLIA regulated research and development labs, among other things. Any assistance you can provide to press for federal regulation changes would be appreciated. I do have meetings scheduled with attorneys for several Congressional Committees on potential needed changes at the federal level.

You and your Councils may already have ideas you are exploring for your city, or you may not want to make any changes right now. I fully understand both sides of that coin. I will send along the draft Reedley Ordinance if you would like to see it. If you do have ideas for your City, I would love to see what it is you are doing. This group of City Managers is probably the most intelligent, innovative, and collaborative I have yet worked with. Reedley doesn’t have all the answers. We know that.

Lastly, my heartfelt thanks to all of you. I absolutely appreciate all of you who have reached out and offered your support.

Nicole R. Zieba, ICMA-CM
City Manager
City of Reedley, CA
(559) 637-4200 x. 212
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Kerman City CouncilSeptember 13, 2023

Kerman City Council
September 13, 2023