Cities Index.
Agenda packet

Kerman City Council
December 13, 2023

Document
Agenda packet
Meeting
December 13, 2023
Body
Kerman City Council
Pages
3
Original file
10.4 MB
Text extracted from the city's file for reading and search. Open the original on mccmeetings.blob.core.usgovcloudapi.net. That file is the official record.

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, December 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. Honoring Tony Boren
B. Introduction of Police Officers & Staff: Munique Cubillos, Administrative Assistant, Luis Gutierrez, Police Officer, Johnathan Farr, Police Officer, Victoria Ramirez, Community Service Officer, Fabiana De La Cruz, Police Officer, Eduardo Barrera, Police Officer

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. Minutes - November 8, 2023 & November 29, 2023
B. SUBJECT: Payroll (JA)
10/15/23 - 10/28/23: $186,224.12; Retro Pay & Other: $9,6310.10; Overtime: $11,113.38; Standby: $1,480.30; Comp Time Earned: 45
10/29/23 - 11/11/23: $186,677.87; Retro Pay & Other: $2,122.29; Overtime: $9,514.75; Standby: $1,250.22; Comp Time Earned: 51.78
RECOMMENDATION: Council approve payroll as presented.

C. SUBJECT: Warrants (JA)

1. Nos. 27959-28201 $858,743.45 ACH $177,243.10
RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
D. SUBJECT: Monthly Investment Report
RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Contract for Emergency Preparedness
RECOMMENDATION: Council by motion adopt resolution approving contract with Michael Brady Emergency Management Consulting for preparation of an Updated Emergency Operations Plan, Stakeholder and Community Engagement and Staff Training in an amount not to exceed $30,000.

F. SUBJECT: Community Organization Grant Program Policy (TJ) RECOMMENDATION: Council by motion adopt resolution approving Community Organization Grant Program Policy.

G. SUBJECT: Contract for Emergency Preparedness (JAJ)
2 RECOMMENDATION: Council by motion adopt resolution approving contract with Michael Brady Emergency Management Consulting Engagement and Staff Training in an amount not to exceed $30,000.

6. PUBLIC HEARINGS
A. SUBJECT: Public Hearing for Proposed Increase in Water, Wastewater (Sewer) and Storm Drain Rates (JA)
RECOMMENDATION:

1. Council open and conduct the Proposition 218 public hearing to receive staff report and written protests, objections, and public comments; and

2. Close the public hearing;

3. Direct the City Clerk to report on the number of written protests received; and If a majority protest does not exist for the proposed water, sewer and storm drain increases, adopt resolution approving increases to water and sewer rates which will become effective February 1, 2024, directing a property owner election and ballot process for the proposed stom drain fee and ratifying the Proposition 218 process.

7. DEPARTMENT REPORTS
A. SUBJECT: Request to Defer Gateway Villas Development Impact Fees for Fiscal Year 2022/2023 to First Quarter of 2024 and for Fiscal Year 2023/2024 to First Quarter of 2025 (JA) RECOMMENDATION: Council to consider adoption of Resolution Approving First Amendment to Gateway Villas Apartments Affordable Housing Project and Waiver of Associated Impact Fees Agreement In Order to Extend the Payment Due Dates and Term of Agreement B. SUBJECT: Resolution Appointing Members to the Planning Commission and Parks, Recreation and Community Services Commission
RECOMMENDATION: Council by motion adopt resolution concurring with appointments by Mayor Pacheco of one applicant to the Planning Commission and two applicants to the Parks, Recreation and Community Services Commission.

C. SUBJECT: City Council Attendance at California League of Cities: Mayors and Council Members Academy (JAJ)
RECOMMENDATION: City Council select members to attend California League of Cities, Mayors and Council Meeting if a majority of Council wishes to attend the conference.

8. CITY MANAGER/STAFF COMMUNICATIONS
3 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.) A. Future Consideration of Measure E - Mayor Pacheco

10. CLOSED SESSION

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, Josie Camacho, Deputy 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: December 8, 2023 /s/ Josie Camacho, Deputy City Clerk 4 HONORING TONY BOREN
WHEREAS, Tony Boren has been with Fresno Council of Governments for 30 years, proudly serving as Executive Director from 2008 to 2023; and WHEREAS, Tony obtained his master’s degree from California State University, Fresno in City & Regional Planning, starting his planning career and joining Fresno COG in 1993; and
WHEREAS, Tony's career include serving as Fresno COG Executive Director for l5 years, coordinating and implementing the Measure C program's significant transportation projects, leading three cycles from 2014-2022 of the Fresno Council of Governments Regional Transportation Plan/Sustainable Communities Strategy; and WHEREAS, Tony collaborated with the eight San Joaquin Valley Metropolitan Planning Organizations, and serving as the Chair of the Fresno State Transportation Institute since its inception; and
WHEREAS, Tony implemented many projects and programs that improved air quality, advanced mobility for people and goods, as well as advancing sustainable planning practices for the Fresno region and the entire San Joaquin Valley; and WHEREAS, Tony is deserving of a well-earned retirement to enjoy his hobbies and his family.

NOW THEREFORE, BE IT RESOLVED, that the Kerman City Council hereby extends their congratulations to Tony Boren on his retirement, with appreciation for his dedication and service to Fresno County.

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

CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, November 8, 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 - 6:05 p.m.

C. Roll Call
PRESENT: Mayor Maria Pacheco, Council Member Gary Yep, Council Member Ismael Herrera ABSENT: Council Member Jennifer Coleman, Mayor Pro Tem Bill Nijjer D. Invocation - Yokuts Nation
E. Pledge of Allegiance – Performed

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

Mayor Pacheco, Council Member Yep, Council Member Herrera

3. PRESENTATIONS/CEREMONIAL MATTERS
A. Native American Heritage Month (MP) – Presented
B. Land Acknowledgement of California Santa Rosa Rancheria Yokuts Nation (MP) – Presented C. Introduction of Jesus Gonzalez, City Engineer, Yamabe & Horn (JJ) – Presented

4. REQUEST TO ADDRESS COUNCIL – None

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

Mayor Pacheco, Council Member Yep, Council Member Herrera A. SUBJECT: Minutes - October 25, 2023 (MR)
RECOMMENDATION: Council approve minutes as presented.
6 Section 5, Item A.

B. SUBJECT: Payroll (JA)
10/1/23 – 10/14/23: $187,006.12; Retro Pay & Other: $4,312.56; Overtime: $9,842.83; Standby: $1,916.42; Comp Time Earned: 133.01
RECOMMENDATION: Council approve payroll as presented.

C. SUBJECT: Warrants (JA)

1. Nos. 27869-27956 $593,548.77 ACH $87,421.25
RECOMMENDATION: Council approve 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: Resolution Accepting the Stanislaus/San Joaquin Alley Paving from 1 st to 3rd Street,
Federal Project No. CML-5291(031) and Authorizing Filing of the Notice of Completion (JG) RECOMMENDATION: Council by motion adopt the resolution accepting the Stanislaus/San Joaquin Alley Paving from 1
st to 3rd Street, Federal Project No. CML-5291(031) and authorizing the City Engineer to record the Notice of Completion. Res 23-88 F. SUBJECT: Resolution Accepting the Vineland Avenue Rehabilitation, Federal Project No. STPL5291(029) and Authorizing Filing of the Notice of Completion (JG) RECOMMENDATION: Council by motion adopt the resolution accepting the Vineland Avenue Rehabilitation, Federal Project No. STPL-5291(029) and authorizing the City Engineer to record the Notice of Completion. Res 23-89
G. SUBJECT: Resolution Accepting the Kearney Boulevard Rehabilitation, Federal Project No. STPL5291(030) and Authorizing Filing of the Notice of Completion (JG) RECOMMENDATION: Council by motion adopt the resolution accepting the Kearney Boulevard Rehabilitation, Federal Project No. STPL-5291(030) and authorizing the City Engineer to record the Notice of Completion. Res 23-90
H. SUBJECT: Consideration of Deed Restriction for the Kerman Northwest Park (JG) RECOMMENDATION: Council by motion adopt the resolution approving the Deed Restriction for the Kerman Northwest Park as Required by the 2018 Parks Bond Act Per Capita Grant Program and authorize the City Manager to execute same. Res 23-91 7 Section 5, Item A.

I. SUBJECT: Approval of Submission of Funding Applications for Federal Surface Transportation Block Grant Program and Resolution Supporting and Implementing AB 1012 “Timely Use of Funds” (JG)
RECOMMENDATION: Council by motion adopt resolution supporting and implementing AB 1012 “Timely Use of Funds”. Res 23-92
J. SUBJECT: Amendment to Agriculture Lease Agreement Between the City of Kerman and Earl L.

Giacolini and Janice E. Giacolini (TJ)
RECOMMENDATION: Council by motion adopt resolution approving Amendment No. 1 to Agriculture Lease Agreement between the City of Kerman and Earl L. Giacolini and Janice E.

Giacolini (9.3 acres) Res 23-93

6. PUBLIC HEARINGS - None

7. DEPARTMENT REPORTS
A. SUBJECT: Award of Contract for Public Works Building Roof Replacement and Approval of Budget Amendment (TJ)
RECOMMENDATION: Council by motion adopt the following:

1. Resolution approving budget amendment appropriating funds for the Public Works Building Roof Replacement; and

2. Resolution awarding the contract to Garland/DBS Inc. for the Public Works Roof Replacement in the amount of $79,981 and authorize the City Manager to sign the contract.

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

Mayor Pacheco, Council Member Yep, Council Member Herrera

8. CITY MANAGER/STAFF COMMUNICATIONS

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

10. CLOSED SESSION - None

11. ADJOURNMENT - 7:11 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: November 9, 2023 ____________________
Marci Reyes, City Clerk
8 Section 5, Item A.

KERMAN CITY COUNCIL SPECIAL CALLED MEETING MINUTES
Wednesday, November 29, 2023 at 4:30 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Welcome – Mayor
B. Call to Order 4:30 p.m.

C. Roll Call
All present except Council Member Ismael Herrera.

D. Invocation - A moment of silence was observed.

E. Pledge of Allegiance - Performed

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion made by Council Member Yep, Seconded by Mayor Pro Tem Nijjer Voting Yea: Mayor Pacheco, Council Member Coleman

3. PRESENTATIONS/CEREMONIAL MATTERS - None.

4. REQUEST TO ADDRESS COUNCIL - None.

5. PUBLIC HEARINGS - None.

6. DEPARTMENT REPORTS
A. SUBJECT: Consideration of Exception 11 to Preliminary Title Report Relating to Purchase Sale Agreement for APN’s 023-207-09, 023-20414SU, and 023-204-16SU (known Sebastian Property) for New Police Department (JAJ)
RECOMMENDATION: It is recommended that Council:

Adopt proposed resolution approving First Amendment to 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 Relating to Exception 11 in Preliminary Title Report; or
9 Section 5, Item A.

Adopt the proposed resolution with additional requirements; or Take alternative action to address Exception 11. Res 23-94 Motion made by Council Member Yep, Seconded by Council Member Coleman.Voting Yea:

Mayor Pacheco, Mayor Pro Tem Nijjer
B. SUBJECT: Resolution Approving Short Term Lease with Kerman Telephone Company for 15061 W. C Street, APN 023-204-16SU
RECOMMENDATION: Council by motion adopt resolution approving short term lease agreement with Kerman Telephone Company for 15061 W. C Street, APN 023-204-16SU, Kerman, CA.

Motion made to remove Item 4.B.

Motion made by Mayor Pro Tem Nijjer, Seconded by Council Member Yep Voting Yea: Mayor Pacheco, Council Member Coleman

7. CITY MANAGER/STAFF COMMUNICATIONS

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

9. CLOSED SESSION - None.

10. ADJOURNMENT - 5:16 p.m.

AGENDA POSTING CERTIFICATION
I, Josie Camacho, Deputy 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: November 30, 2023 Josie Camacho, Deputy City Clerk 10 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 2,663.08$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,663.08 1.50 Garcia, Alex 1,530.15$ -$ 0.33 9.16$ 0.00 -$ 0.00 -$ $ 1,539.31 0.38 Gonzalez, Diana 3,641.16$ 897.79$ 0.00 -$ 0.00 -$ 0.00 -$ $ 4,538.95 0.00 Jansons, John 7,012.54$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 7,012.54 0.00 Leon, Ulysa 1,530.15$ -$ 0.13 3.61$ 0.00 -$ 0.00 -$ $ 1,533.76 0.00 Linares, Vanessa 1,793.69$ -$ 3.08 99.83$ 0.00 -$ 0.00 -$ $ 1,893.52 0.00 Lopez, Jacqueline 2,386.77$ -$ 5.08 222.58$ 0.00 -$ 0.00 -$ $ 2,609.35 0.00 Mendoza Hernandez, Ariana 1,972.77$ -$ 0.25 9.01$ 0.00 -$ 0.00 -$ $ 1,981.78 0.00 Reyes, Marcia 0.00 -$ 0.00 -$ 0.00 -$ $ 7,706.77 0.00
Sandoval, Veronica
$ 3,853.38 $3,853.38
$ 1,759.40 $ - 0.00 -$ 0.00 -$ 0.00 -$ $ 1,759.40 2.25
TOTAL 34,468.33$ $4,751.17 8.87 344.18$ 0.00 $ - 0.00 -$ $ 39,563.69 4.13

REC/SOCIAL
Acosta-Parra, Melany 197.63$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 197.63 0.00 Aguilar, Corina -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00
Argumedo-Vargas, Frank -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00 Arredondo, Raquel 488.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 488.00 0.00 Bankston, Jacob 162.75$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 162.75 12.38 Barrett, Shannon 1,720.15$ -$ 0.50 16.13$ 0.00 -$ 0.00 -$ $ 1,736.28 0.00 Beltran, Isabelle -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00 Brar, Manreet 201.50$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 201.50 0.00 Burdine-Slaven, Jeanna 2,304.92$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,304.92 0.00 Chouhan, Arnoop 116.25$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 116.25 0.00 Chouhan, Gurnoor 116.25$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 116.25 0.00 Cruz Paramo, Xitlali $ 85.25 -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 85.25 0.00 Escamilla, Paloma $ 85.25 -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 85.25 0.00 Flores, Haley 1,806.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,806.00 0.00 Garcia, Anthony 1,475.08$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,475.08 0.00 Gonzalez Corrales, Aleena 139.50$ -$ 0.00 -$ 0.00 $ 0.00 -$ $ 139.50 0.00 Hurlbert, Ronald 348.75$ -$ 0.00 -$ 0.00 $ 0.00 -$ $ 348.75 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 Leon Morales, Yesenia 589.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 589.00 0.00 Lemm, Kylie -$ -$ 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 323.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 323.00 0.00 Martinez, Aylah 631.13$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 631.13 0.00 Martinez, Jeness 155.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 155.00 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 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 Sidhu, Nirmal 2,106.14$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,106.14 0.00 Silva, Jessica 286.75$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 286.75 0.00 Tovar, Jessica 503.75$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 503.75 0.00 Villarreal, Arlene 2,236.62$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,236.62 0.00 TOTAL 25,265.09$ -$ 0.50 16.13$ 0.00 -$ ## 0.00 -$ $ 25,281.21 12.38 POLICE
Antuna, Miguel 2,781.91$ -$ 16.50 819.67$ 0.00 -$ 0.00 -$ $ 3,601.58 0.00 Arciga, Jose 2,878.88$ -$ 41.00 $ 2,089.45 0.00 -$ 0.00 -$ $ 4,968.32 0.00 Barbosa, Isaias 3,000.10$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 3,000.10 0.00 Barcoma, Wilbert 4,441.35$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 4,441.35 0.00 OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: October 15, 2023 - October 28, 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: October 15, 2023 - October 28, 2023
Barra, Brenden 2,277.26$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,277.26 2.63 Belding, Jeff 3,789.47$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 3,789.47 0.00 Castro, Jaclynn 2,234.87$ -$ 6.50 252.15$ 0.00 -$ 0.00 -$ $ 2,487.02 0.00 Chapman, Tom 3,822.25$ -$ 3.50 238.23$ 0.00 -$ 0.00 -$ $ 4,060.48 0.00 Clark, Patrick 2,637.06$ -$ 12.00 565.08$ 0.00 -$ 0.00 -$ $ 3,202.14 0.00 Coronado, Krystal 2,068.77$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,068.77 0.00 Cubillos, Munique 614.13$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 614.13 0.00 Cubillos, Theresa 3,061.12$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 3,061.12 6.75 Garcia, Andrew 2,119.38$ -$ 14.00 529.85$ 0.00 -$ 0.00 -$ $ 2,649.23 0.00 Gempis, Danzel 2,018.31$ 97.43$ 16.00 576.66$ 0.00 -$ 8.00 48.05$ $ 2,740.45 0.00 Gutierrez, Gloria 1,160.62$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,160.62 0.00 Gutierrez, Luis 2,043.31$ -$ 1.75 63.07$ 0.00 -$ 0.00 -$ $ 2,106.38 0.00 Inthasone, Bryant 2,018.31$ -$ 25.86 921.69$ 0.00 -$ 0.00 -$ $ 2,940.00 0.00 Irazoqui, Mario -$ $1,224.50 0.00 -$ 0.00 -$ 0.00 -$ $ 1,224.50 0.00 Lopez, Matt 1,020.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,020.00 0.00 Lozano, Daniel 1,636.95$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,636.95 0.00 Lozano, Patricia 1,353.23$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,353.23 0.00 Mendoza, Sandra 3,160.64$ -$ 7.50 419.95$ 0.00 -$ 0.00 -$ $ 3,580.59 0.00 Roth, Adriana 2,131.27$ -$ 18.59 679.49$ 0.00 -$ 0.00 -$ $ 2,810.76 0.00 Ruiz, Jose 2,131.27$ -$ 34.00 $ 1,256.04 0.00 -$ 0.00 -$ $ 3,387.31 0.00 Vasquez, Francisco 2,093.77$ 104.55$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,198.32 3.00 Velez, Bernice 1,771.20$ 177.56$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,948.76 0.00 Wilkins, Steve 5,062.76$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 5,062.76 0.00 TOTAL: 63,328.18$ $1,604.04 $197.20 $ 8,411.33 -$ $ - 8.00$ 48.05$ $ 73,391.61 $ 12.38

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$ $3,133.21 0.00 -$ 0.00 -$ 0.00 -$ $ 6,166.42 0.00 Cervantes, Pedro 1,322.25$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,322.25 0.00 Cruz Villalobos, Eulises 1,454.92$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,454.92 0.00 Garcia, Destiny 1,757.23$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,757.23 0.00 Garcia, Guadalupe 1,794.80$ -$ 2.00 65.43$ 0.00 -$ 0.00 -$ $ 1,860.23 0.00 Garcia Pina, Gilberto 1,454.92$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,454.92 0.00 Gastelum, Humberto 2,995.89$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,995.89 0.00 Guizar, Jesus 1,338.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,338.00 0.00 Gutierrez Olivarez, Norberto 1,548.92$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,548.92 0.00 Hernandez, Julian 1,843.08$ -$ 14.00 515.51$ 0.00 -$ 32.00 717.23$ $ 3,075.82 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 10.13 Lopez, Josue 1,837.54$ -$ 48.25 $ 1,692.58 0.00 -$ 32.00 715.02$ $ 4,245.13 0.00 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$ -$ 2.00 68.23$ 0.00 -$ 0.00 -$ $ 1,887.61 0.00 Ramirez, Manuel 2,707.51$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,707.51 0.00 Rivera, Hector 970.05$ 142.68$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,112.73 0.00 Ruelas, Carlos 451.58$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 451.58 0.00 Sanchez, Daniel 2,694.55$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,694.55 1.50 Sanchez, Joseph 970.05$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 970.05 0.00 Soto, Samuel $ 50.00 -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 50.00 0.00 Tinoco, Alfonso 2,514.62$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,514.62 3.00 Valdivia, Blanco 1,676.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,676.00 1.50 TOTAL 51,231.76$ $3,275.89 66.25 $ 2,341.74 0.00 $ - 64.00 $1,432.25 $ 58,281.63 16.13

PLANNING
Belmonte, Ruth 2,464.77$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,464.77 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: October 15, 2023 - October 28, 2023
Campos, Manuel 1,982.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,982.00 0.00 Meza, Isela 912.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 912.00 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 11,305.77$ -$ 0.00 -$ 0.00 $ - 1.00 -$ $ 11,305.77 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: $186,224.12 $9,631.10 272.82 $11,113.38 0.00 $0.00 73.00 $1,480.30 $208,448.91 45.00

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 0.00 Cheema, Akayla 2,663.08$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,663.08 3.00 Garcia, Alex 1,530.15$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,530.15 0.78 Gonzalez, Diana 3,641.16$ 897.79$ 0.00 $ - 0.00 $ - 0.00 $ - $ 4,538.95 0.00 Jansons, John 7,012.54$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 7,012.54 0.00 Leon, Ulysa 1,530.15$ $ - 0.49 13.60$ 0.00 $ - 0.00 $ - $ 1,543.75 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$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,972.77 1.13 Reyes, Marcia 3,853.38$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,853.38 0.00 Sandoval, Veronica 1,759.40$ $ - 0.00 4.91$ 0.00 $ - 0.00 $ - $ 1,764.31 1.50 TOTAL $ 34,468.33 897.79$ 2.03 68.43$ 0.00 $ - 0.00 $ - $ 35,434.55 6.41

REC/SOCIAL
Acosta-Parra, Melany 38.75$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 38.75 0.00 Aguilar, Corina $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Argumedo-Vargas, Frank $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Arredondo, Raquel 80.00$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 80.00 0.00 Bankston, Jacob 135.63$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 135.63 21.75 Barrett, Shannon 1,720.15$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,720.15 0.00 Beltran, Isabelle $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Brar, Manreet 77.50$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 77.50 0.00 Burdine-Slaven, Jeanna 2,304.92$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,304.92 0.00 Chouhan, Arnoop 38.75$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 38.75 0.00 Chouhan, Gurnoor 38.75$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 38.75 0.00 Cruz Paramo, Xitlali 38.75$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 38.75 0.00 Escamilla, Paloma $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Flores, Haley 1,806.00$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,806.00 0.00 Garcia, Anthony 1,475.08$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,475.08 0.00 Gonzalez Corrales, Aleena 77.50$ $ - 0.00 $ - 0.00 $ 0.00 $ - $ 77.50 0.00 Hurlbert, Ronald 488.25$ $ - 0.00 $ - 0.00 $ 0.00 $ - $ 488.25 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 Leon Morales, Yesenia 573.50$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 573.50 0.00 Lemm, Kylie $ - $ - 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 272.00$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 272.00 0.00 Martinez, Aylah 519.75$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 519.75 0.00 Martinez, Jeness 46.50$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 46.50 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 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 Sidhu, Nirmal 2,106.14$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,106.14 0.00 Silva, Jessica 499.88$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 499.88 0.00 Tovar, Jessica 77.50$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 77.50 0.00 Villarreal, Arlene 2,236.62$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,236.62 1.88 TOTAL $ 23,838.34 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 23,838.34 23.63 POLICE
Antuna, Miguel 2,781.91$ $ - 22.00 $1,092.89 0.00 $ - 0.00 $ - $ 3,874.81 0.00 Arciga, Jose 2,878.88$ $ - 12.00 611.55$ 12.00 203.85$ 0.00 $ - $ 3,694.27 1.50 OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: October 29, 2023 - November 11, 2023

Page 1 of 3 ends

Section 5, Item C.

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: October 29, 2023 - November 11, 2023
Barbosa, Isaias 3,000.10$ $ - 3.00 159.38$ 0.00 $ - 0.00 $ - $ 3,159.49 2.25 Barcoma, Wilbert 4,441.35$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 4,441.35 0.00 Barra, Brenden 2,277.26$ $ - 0.00 $ - 12.00 158.20$ 8.00 52.73$ $ 2,488.19 16.50 Belding, Jeff 3,789.47$ $ - 13.50 $1,165.68 0.00 $ - 0.00 $ - $ 4,954.15 0.00 Castro, Jaclynn 2,234.87$ $ - 6.00 232.75$ 0.00 $ - 0.00 $ - $ 2,467.62 0.00 Chapman, Tom 3,874.18$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,874.18 0.00 Clark, Patrick 2,637.06$ $ - 19.50 918.26$ 0.00 $ - 0.00 $ - $ 3,555.32 0.00 Coronado, Krystal - Final Check $ - $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - 0.00 Cubillos, Munique 1,901.27$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,901.27 0.00 Cubillos, Theresa 2,833.43$ $ - 8.00 404.78$ 0.00 $ - 0.00 $ - $ 3,238.21 0.00 Farr, Jonathan 984.00$ $ - 0.00 $ - 12.00 151.38$ 2.00 12.62$ $ 1,148.00 0.00 Garcia, Andrew 2,119.38$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,119.38 0.00 Gempis, Danzel 2,018.31$ $ - 0.00 $ - 12.00 144.16$ 0.00 $ - $ 2,162.47 0.00 Gutierrez, Gloria 2,296.24$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,296.24 0.00 Gutierrez, Luis 2,043.31$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,043.31 0.00 Inthasone, Bryant 2,018.31$ $ - 6.50 234.27$ 0.00 $ - 0.00 $ - $ 2,252.58 0.00 Irazoqui, Mario $ 1,224.54 0.00 $ - 0.00 $ - 0.00 $ - $ 1,224.50 0.00 Lopez, Matt 977.50$ $ - 0.00 $ - 0.00 $ - 7.00 37.19$ $ 1,014.69 0.00 Lozano, Daniel 1,636.95$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,636.95 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 $ - 8.00 149.32$ 0.00 $ - $ 3,309.95 0.00 Ramirez, Victoria 690.15$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 690.15 0.00 Roth, Adriana 2,131.27$ $ - 0.00 $ - 12.00 147.77$ 0.00 $ - $ 2,279.04 0.00 Ruiz, Jose 2,131.27$ $ - 9.00 381.74$ 12.00 147.77$ 3.00 18.47$ $ 2,679.24 1.50 Vasquez, Francisco 2,093.77$ $ - 0.00 $ - 12.00 147.77$ 0.00 $ - $ 2,241.54 0.00 Velez, Bernice 1,771.20$ $ - 7.50 249.08$ 0.00 $ - 0.00 $ - $ 2,020.28 0.00 Wilkins, Steve 5,062.76$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 5,062.76 0.00 TOTAL: $ 66,362.60 $ $107.00 $5,449.37 $92.00 $1,250.22 $20.00 121.01$ $ 73,183.15 21.75$

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$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,525.08 0.00 Cruz Villalobos, Eulises 1,454.92$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,454.92 0.00 Garcia, Destiny 1,757.23$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,757.23 0.00 Garcia, Guadalupe 1,794.80$ $ - 4.00 130.86$ 0.00 $ - 0.00 $ - $ 1,925.66 0.00 Garcia Pina, Gilberto 1,454.92$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,454.92 0.00 Gastelum, Humberto 2,995.89$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,995.89 0.00 Guizar, Jesus 1,170.75$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,170.75 0.00 Gutierrez Olivarez, Norberto 1,548.92$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,548.92 0.00 Hernandez, Julian 1,843.08$ $ - 2.50 84.05$ 0.00 $ - 0.00 $ - $ 1,927.13 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 0.00 Lopez, Josue 1,837.54$ $ - 6.00 234.61$ 0.00 $ - 0.00 $ - $ 2,072.15 0.00 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$ $ - 1.00 34.11$ 0.00 $ - 0.00 $ - $ 1,853.50 0.00 Ramirez, Manuel 2,707.51$ $ - 2.00 101.53$ 0.00 $ - 0.00 $ - $ 2,809.05 0.00 Rivera, Hector 970.05$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 970.05 0.00 Ruelas, Carlos 752.63$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 752.63 0.00 Sanchez, Daniel 2,694.55$ $ - 20.00 $1,140.46 0.00 $ - 33.00 $1,090.88 $ 4,925.88 0.00 Sanchez, Joseph 970.05$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 970.05 0.00 Soto, Samuel 50.00$ $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 50.00 0.00

Page 2 of 3 ends

Section 5, Item C.

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: October 29, 2023 - November 11, 2023
Tinoco, Alfonso $ 2,514.62 $ - 0.00 $ - 0.00 $ - $ 2,514.62 0.00 Valdivia, Blanco $ 1,676.00 $ - 67.00
$ - 0.00
$2,271.32 0.00 $ - 33.00 $ 670.73 $ 4,618.04 0.00
TOTAL $51,568.38 $ - 102.50 $3,996.95 0.00 $ - 66.00 $1,761.60 $ 57,326.93 0.00

PLANNING
Belmonte, Ruth $ 2,464.77 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,464.77 0.00 Campos, Manuel $ 1,982.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,982.00 0.00 Meza, Isela $ 896.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 896.00 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 $11,289.77 $ - 0.00 $ - 0.00 $ - 1.00 $ - $ 11,289.77 0.00

PLANNING COUNCIL
Bandy, R $ - Yep, G $ 125.00
Molloy, Cory $ - Herrera, I $ 125.00
Nehring, K $ - Nijjer, B $ -
Nunez, M $ - Coleman, J $ -
Felker, R $ - Pacheco, M $ 125.00
Bishop, S $ -
Villar, V $ -
Total $ - Total $ 375.00
GRAND TOTAL: $186,677.87 $2,122.29 211.53 $9,514.75 92.00 $1,250.22 87.00 $1,882.61 $201,447.74 51.78

Page 3 of 3 ends

Section 5, Item C.

Accounts Payable
User:

Printed:
vsandoval
12/1/2023 3:46 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
27959 12497 PEPES TOWING SERVICE 11/01/2023 3,095.00
Total for 11/1/2023: 3,095.00
27960 10014 ADMINISTRATIVE SOLUTIONS INC 11/02/2023 12,322.50 27961 10017 ADVANCED FLOW MEASUREMENT 11/02/2023 1,500.00 27962 10021 ALERT O LITE 11/02/2023 52.64
27963 12257 AMERITAS LIFE INSURANCE CORP 11/02/2023 2,452.05 27964 12489 JOSE ARCIGA 11/02/2023 114.00
27965 11355 BADGER METER 11/02/2023 233.52
27966 10545 WILBERT BARCOMA 11/02/2023 206.98
27967 12382 SHANNON BARRETT 11/02/2023 57.00
27968 12348 BRADY INDUSTRIES 11/02/2023 69.25
27969 10064 CAL VALLEY PRINTING 11/02/2023 331.25
27970 11874 CSG CONSULTANTS INC 11/02/2023 17,746.00
27971 10128 DEPARTMENT OF JUSTICE 11/02/2023 105.00
27972 10137 DMV REGISTRATION 11/02/2023 10.00
27973 11832 EPIC BUSINESS ESSENTIALS LLC 11/02/2023 105.10 27974 10151 EWING IRRIGATION PRODUCTS 11/02/2023 73.96
27975 12495 ROBERTO MARTINEZ FUENTE DE VIDA11/02/2023 150.00 27976 11358 GREAT AMERICA FINANCIAL SERVICES11/02/2023 441.45 27977 12496 HOLLOWAY CONSTRUCTION INC 11/02/2023 950.00 27978 10514 ICAD INC 11/02/2023 3,915.00
27979 12211 IHEARTMEDIA 11/02/2023 600.00
27980 10231 KERMAN AUTO TECH AND SMOG 11/02/2023 745.00 27981 10239 KERWEST INC 11/02/2023 220.00
27982 10251 LIGHTHOUSE ELECTRIC INC 11/02/2023 2,855.01 27983 11746 LINE X OF CLOVIS 11/02/2023 1,851.32
27984 10771 MIRACLE RECREATION EQUIPMENT CO11/02/2023 817.24 27985 12058 NAVIA CLIENT PAY LOCKBOX 11/02/2023 145.00
27986 12356 NOTORIOUS GRAFIX 11/02/2023 227.54
27987 10282 OFFICE DEPOT 11/02/2023 65.37
27988 10289 P.G.& E. 11/02/2023 5,391.48
27989 10305 PITNEY BOWES BANK INC PURCHASE 11/02/2023 3,678.02 27990 12486 QUINN CAT RENTAL STORE 11/02/2023 3,087.68
27991 10316 R G EQUIPMENT OF FRESNO INC 11/02/2023 206.00 27992 12494 SENTINEL DEFENSE LLC 11/02/2023 550.00
27993 10862 SIGNMAX 11/02/2023 113.94
27994 10337 SLUMBERGER LUMBER 11/02/2023 1,086.99
27995 12054 SPARKLETTS 11/02/2023 88.39
27996 12368 SPECIALTY HOSE EXPRESS LLC 11/02/2023 220.37 27997 10348 STATE WATER RESOURCES CNTL BOARD11/02/2023 230.00 27998 11460 SUPERIOR POOL PRODUCTS LLC 11/02/2023 668.34 27999 10754 THE HOME DEPOT PRO-SUPPLY WORKS11/02/2023 72.44 28000 11502 TIREHUB LLC 11/02/2023 424.69
28001 10371 TJ LAW & ASSOCIATES INVESTIGATIONS11/02/2023 700.00 28002 10391 VALLEY FARM SUPPLY STORES 11/02/2023 3,068.08 AP Checks by Date - Summary by Check Date (12/1/2023 3:46 PM) Page 1 17 Section 5, Item D.

Check No Vendor No Vendor Name Check Date Check Amount
28003 10401 WALLYS TIRE AND WHEEL 11/02/2023 466.86
28005 UB*01750 LORENZO AREVALO 11/02/2023 76.54
28006 UB*01757 CENTURY COMMUNITIES 11/02/2023 34.99
28007 UB*01756 HARJINDER DHILLON 11/02/2023 59.62
28008 UB*01749 VICTOR & ADELA DIAZ 11/02/2023 247.33
28009 UB*01747 IDEAL FURNITURE 11/02/2023 540.00
28011 UB*01755 KELLIE & NEAL MCREE 11/02/2023 24.55
28012 UB*01754 ARACELI NAVARRO SANTOYO 11/02/2023 123.33 28013 UB*01753 ANNA PLACENCIA 11/02/2023 39.33
28014 UB*01752 OTTO RICE 11/02/2023 57.87
28015 UB*01751 ORALENE SMITH 11/02/2023 60.28
Total for 11/2/2023: 69,679.30
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 11/03/2023 7,088.37 ACH 10517 FEDERAL TAXES PAYROLL 11/03/2023 47,503.42
ACH 10518 KERMAN POLICE OFFICERS ASSN 11/03/2023 680.50 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN11/03/2023 187.50 ACH 10520 ICMA-RC 11/03/2023 1,524.40
Total for 11/3/2023: 56,984.19
ACH 10522 CALPERS 11/07/2023 31,337.09
Total for 11/7/2023: 31,337.09
28016 11525 ADOLPHS A-1 TREE SERVICE 11/09/2023 4,200.00 28017 10021 ALERT O LITE 11/09/2023 267.88
28018 10617 C A REDING CO INC 11/09/2023 145.79
28019 12358 CAL VALLEY CONSTRUCTION INC 11/09/2023 15,414.97 28020 10064 CAL VALLEY PRINTING 11/09/2023 281.45
28021 12498 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICER 11/09/2023 100.00 28022 10452 CITY OF FRESNO WMD 11/09/2023 136.00
28023 10105 COMMUNITY HOSPITALS OF CENTRAL CALIFORNIA 11/09/2023 350.00 28024 10106 CON EDISON CLEAN ENERGY 11/09/2023 13,227.36 28025 10114 CROWN SHORT LOAD CONCRETE 11/09/2023 708.34 28026 10129 DEPARTMENT OF PESTICIDE REG 11/09/2023 50.00 28027 10144 ELBERT DISTRIBUTING INC 11/09/2023 469.27
28028 10731 EMMETT VALLEY CONTRUCTION INC 11/09/2023 6,574.56 28029 10151 EWING IRRIGATION PRODUCTS 11/09/2023 1,762.15 28030 10154 FASTENAL COMPANY 11/09/2023 61.76
28031 10157 FERGUSON ENTERPRISES INC 11/09/2023 3,758.47 28032 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 11/09/2023 274.00 28033 10188 GRAYBAR ELECTRONIC CO 11/09/2023 1,592.49
28034 11358 GREAT AMERICA FINANCIAL SERVICES11/09/2023 449.40 28035 10514 ICAD INC 11/09/2023 20,169.45
28036 10265 MONTOY LAW CORPORATION 11/09/2023 6,147.50
28037 10282 OFFICE DEPOT 11/09/2023 362.90
28038 10286 O'REILLY AUTOMOTIVE INC 11/09/2023 2,998.36 28039 10289 P.G.& E. 11/09/2023 5,368.47
28040 10301 PETTY CASH 11/09/2023 231.06
28041 10305 PITNEY BOWES BANK INC PURCHASE 11/09/2023 310.87 28042 12026 PRECISION CIVIL ENGINEERING INC 11/09/2023 195.00 28043 10316 R G EQUIPMENT OF FRESNO INC 11/09/2023 128.61 28044 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 11/09/2023 419.04 28045 10319 RENO'S HARDWARE 11/09/2023 864.89
AP Checks by Date - Summary by Check Date (12/1/2023 3:46 PM) Page 2 18 Section 5, Item D.

Check No Vendor No Vendor Name Check Date Check Amount
28046 10324 RIVERSIDE NURSERY & LANDSCAPE INC11/09/2023 371.22 28047 12499 SANCHEZ EXPRESS 1957 11/09/2023 1,365.00
28048 11506 SCA OF CA LLC 11/09/2023 9,115.00
28049 10862 SIGNMAX 11/09/2023 372.61
28050 10337 SLUMBERGER LUMBER 11/09/2023 2,402.47
28051 12368 SPECIALTY HOSE EXPRESS LLC 11/09/2023 20.38 28052 11460 SUPERIOR POOL PRODUCTS LLC 11/09/2023 1,139.34 28053 10371 TJ LAW & ASSOCIATES INVESTIGATIONS11/09/2023 700.00 28054 10168 UNITY IT 11/09/2023 4,840.19
28055 10387 USA BLUE BOOK 11/09/2023 550.54
28056 12290 VERIZON 11/09/2023 2,046.60
28057 10406 WEST HILLS OIL INC 11/09/2023 2,189.63
28058 12057 WLC ARCHITECTS 11/09/2023 14,500.00
Total for 11/9/2023: 126,633.02
28059 10281 NORTH CENTRAL FIRE PROT DIST 11/15/2023 741.00 28060 10040 AT&T MOBILITY 11/15/2023 1,867.67
28061 10504 AUTOZONE 11/15/2023 223.39
28062 10271 AVENU INSIGHTS & ANALYTICS 11/15/2023 525.00 28063 10064 CAL VALLEY PRINTING 11/15/2023 723.65
28064 10107 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 11/15/2023 3,345.50 28065 11382 DATA TICKET INC 11/15/2023 261.88
28066 10139 DOOLEY ENTERPRISES INC 11/15/2023 1,854.54
28067 10619 EDD 11/15/2023 2,680.00
28068 11188 FUTURE FORD 11/15/2023 277.50
28069 11358 GREAT AMERICA FINANCIAL SERVICES11/15/2023 187.44 28070 10204 IDTS INC 11/15/2023 207.00
28071 11445 LECHOWICZ + TSENG MUNICIPAL CONSULTANTS 11/15/2023 4,267.99 28072 10251 LIGHTHOUSE ELECTRIC INC 11/15/2023 3,673.56 28073 10678 MAC'S EQUIPMENT INC 11/15/2023 948.11
28074 10260 METRO UNIFORM & ACCESSORIES 11/15/2023 1,020.58 28075 10261 MID VALLEY DISPOSAL INC 11/15/2023 143,840.51 28076 11965 MISSION UNIFORM SERVICE 11/15/2023 2,488.67 28077 10282 OFFICE DEPOT 11/15/2023 1,321.21
28078 10289 P.G.& E. 11/15/2023 3,030.07
28079 12026 PRECISION CIVIL ENGINEERING INC 11/15/2023 4,140.00 28080 11006 RIGHT NOW PHLEBOTOMY 11/15/2023 125.00
28081 10324 RIVERSIDE NURSERY & LANDSCAPE INC11/15/2023 639.43 28082 11714 ROD CARSEY 11/15/2023 5,005.95
28083 11907 SPRINGBROOK HOLDING COMPANY LLC11/15/2023 1,473.00 28084 11467 VIDEO INSPECTION SPECIALISTS INC 11/15/2023 1,625.00 Total for 11/15/2023: 186,493.65
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 11/17/2023 6,221.37 ACH 10517 FEDERAL TAXES PAYROLL 11/17/2023 43,825.03
ACH 10518 KERMAN POLICE OFFICERS ASSN 11/17/2023 704.75 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN11/17/2023 195.00 ACH 10520 ICMA-RC 11/17/2023 4,597.08
ACH 10522 CALPERS 11/17/2023 31,181.03
28085 12431 AKAYLA CHEEMA 11/17/2023 188.69
Total for 11/17/2023: 86,912.95
ACH 10644 US BANK EQUIPMENT FINANCE 11/21/2023 710.78
AP Checks by Date - Summary by Check Date (12/1/2023 3:46 PM) Page 3 19 Section 5, Item D.

Check No Vendor No Vendor Name Check Date Check Amount
28086 11493 24 / 7 PET VETS 11/21/2023 1,301.70
28087 11525 ADOLPHS A-1 TREE SERVICE 11/21/2023 1,650.00 28088 11387 LUISA AGUIRRE 11/21/2023 381.50
28089 12257 AMERITAS LIFE INSURANCE CORP 11/21/2023 1,768.53 28090 12489 JOSE ARCIGA 11/21/2023 133.00
28091 10040 AT&T MOBILITY 11/21/2023 967.34
28092 10271 AVENU INSIGHTS & ANALYTICS 11/21/2023 22,003.60 28093 10920 JEFF BELDING 11/21/2023 133.00
28094 11917 BLAIS & ASSOCIATES LLC 11/21/2023 4,156.50
28095 10054 BLUE SHIELD OF CALIFORNIA 11/21/2023 48,842.58 28096 12348 BRADY INDUSTRIES 11/21/2023 524.78
28097 12075 RHONDA BREWER 11/21/2023 210.00
28098 12483 BUSTAMANTE PRODUCE 11/21/2023 20.00
28099 10617 C A REDING CO INC 11/21/2023 115.29
28100 11633 FAVIOLA CARDENAS 11/21/2023 11.00
28101 12315 CENTRAL CALIFORNIA SPCA 11/21/2023 1,124.00 28102 10092 CENTRAL VALLEY TOXICOLOGY INC 11/21/2023 91.00 28103 10452 CITY OF FRESNO WMD 11/21/2023 431.00
28104 10102 CODE PUBLISHING COMPANY 11/21/2023 423.00
28105 10103 COLONIAL LIFE 11/21/2023 604.09
28106 10104 COMCAST 11/21/2023 498.48
28107 11498 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 11/21/2023 728.31 28108 10826 CROWN SERVICES CORPORATION 11/21/2023 312.69 28109 10128 DEPARTMENT OF JUSTICE 11/21/2023 343.00
28110 12056 ENVIRONMENTAL CONCEPTS 11/21/2023 4,250.02
28111 12504 MIRANDA ERANDY 11/21/2023 450.00
28112 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 11/21/2023 137.00 28113 11167 FRESNO COUNTY TAX COLLECTOR 11/21/2023 11,224.96 28114 10162 FRESNO COUNTY TREASURER 11/21/2023 22,290.18 28115 11028 FRESNO HUMANE ANIMAL SERVICES 11/21/2023 366.64 28116 10164 FRESNO IRRIGATION DISTRICT 11/21/2023 95,675.00 28117 10169 FRESNO PET CEMETERY 11/21/2023 392.50
28118 11769 DIANA GONZALEZ 11/21/2023 93.55
28119 10185 GRAINGER 11/21/2023 262.99
28120 12485 HIGHLY ADDICTIVE CANDY 11/21/2023 13.00
28121 10858 HODGE PRODUCTS 11/21/2023 738.34
28122 10201 HORIZON 11/21/2023 600.28
28123 11923 JOE A GONSALVES & SON 11/21/2023 1,250.00
28124 10233 KERMAN CHAMBER OF COMMERCE 11/21/2023 150.00 28125 10250 LIEBERT CASSIDY WHITMORE 11/21/2023 657.00
28126 12327 DIANA LOPEZ 11/21/2023 150.00
28127 11096 LOZANO SMITH LLP 11/21/2023 20.00
28128 10678 MAC'S EQUIPMENT INC 11/21/2023 5,466.55
28129 12482 MADERA QUEEN HONEY 11/21/2023 13.00
28130 12507 MARGARET MIMS 11/21/2023 510.37
28131 10266 MOORE TWINING ASSOCIATES INC 11/21/2023 40.00 28132 12501 LIZZETTE MUNOZ 11/21/2023 400.00
28133 12484 NAVARRO BOY FARMS & CRAFTS 11/21/2023 6.00
28134 12058 NAVIA CLIENT PAY LOCKBOX 11/21/2023 2,937.44 28135 10282 OFFICE DEPOT 11/21/2023 477.03
28136 11833 ORKIN 11/21/2023 116.99
28137 10289 P.G.& E. 11/21/2023 36,407.65
28138 12202 MARGARITA RODRIGUEZ 11/21/2023 400.00
28139 12503 SCHAAD FAMILY ALMONDS 11/21/2023 16.00
28140 12502 SIDE HUSTLE JAMS 11/21/2023 51.00
28141 11650 SITEONE LANDSCAPE SUPPLY COMPANY11/21/2023 378.74 28142 12506 SITNA SOLUTIONS LLC 11/21/2023 398.00
AP Checks by Date - Summary by Check Date (12/1/2023 3:46 PM) Page 4 20 Section 5, Item D.

Check No Vendor No Vendor Name Check Date Check Amount
28143 10337 SLUMBERGER LUMBER 11/21/2023 1,169.79
28144 10357 TAYLOR MADE IRRIGATION 11/21/2023 141.72
28145 10360 TERRY JOHNSON TRUCKING 11/21/2023 1,539.18
28146 10015 THE ADVANCE GROUP INC 11/21/2023 723.42
28147 10754 THE HOME DEPOT PRO-SUPPLY WORKS11/21/2023 857.82 28148 10381 UNITED HEALTH CENTERS 11/21/2023 450.00
28149 10377 US POST OFFICE 11/21/2023 393.12
28150 12505 SYLVIA VALDEZ 11/21/2023 150.00
28151 12178 VALLEY ANIMAL CENTER SPAY & NEUTER CLINIC 11/21/2023 160.00 28152 12290 VERIZON 11/21/2023 1,566.55
28153 10399 VETERINARY MEDICAL CENTER 11/21/2023 50.20
28154 10406 WEST HILLS OIL INC 11/21/2023 13,106.84
28155 10413 YAMABE & HORN ENGINEERING INC 11/21/2023 88,414.12 28156 12267 IRENE ZAMORA 11/21/2023 150.00
Total for 11/21/2023: 382,698.16
28157 12509 JOSEPH CASTRO 11/29/2023 105.60
28158 12213 PATRICK CLARK 11/29/2023 715.20
Total for 11/29/2023: 820.80
ACH 10644 US BANK EQUIPMENT FINANCE 11/30/2023 1,486.78 28159 11493 24 / 7 PET VETS 11/30/2023 522.45
28160 11525 ADOLPHS A-1 TREE SERVICE 11/30/2023 1,100.00 28161 12257 AMERITAS LIFE INSURANCE CORP 11/30/2023 3,195.30 28162 10617 C A REDING CO INC 11/30/2023 833.10
28163 10064 CAL VALLEY PRINTING 11/30/2023 59.27
28164 10074 CALIFORNIA PARK/RECREATION SOC 11/30/2023 170.00 28165 11916 CEDAR VETERINARY HOSPITAL INC 11/30/2023 476.17 28166 12315 CENTRAL CALIFORNIA SPCA 11/30/2023 1,188.07 28167 10564 CITY OF KERMAN 11/30/2023 596.90
28168 10103 COLONIAL LIFE 11/30/2023 566.89
28169 11342 CREATIVE SERVICES OF NEW ENGLAND11/30/2023 505.95 28170 11874 CSG CONSULTANTS INC 11/30/2023 9,545.50
28171 10133 DEPARTMENT OF TRANSPORTATION 11/30/2023 1,666.93 28172 12019 ELITE UNIFORMS 11/30/2023 790.87
28173 11398 FASTSIGNS 11/30/2023 711.19
28174 10166 FRESNO-MADERA AGENCY ON AGING 11/30/2023 111.25 28175 12379 GILL CHEVROLET 11/30/2023 519.11
28176 11358 GREAT AMERICA FINANCIAL SERVICES11/30/2023 375.83 28177 12187 HAMNER JEWELL & ASSOCIATES 11/30/2023 750.00 28178 10201 HORIZON 11/30/2023 718.62
28179 10230 KENT M KAWAGOE PHD 11/30/2023 650.00
28180 10239 KERWEST INC 11/30/2023 2,522.50
28181 12508 KPW COMPANY INC 11/30/2023 1,184.09
28182 10249 LEAGUE OF CALIFORNIA CITIES 11/30/2023 50.00 28183 10251 LIGHTHOUSE ELECTRIC INC 11/30/2023 3,492.50 28184 11699 LORENA OBEZO 11/30/2023 200.00
28185 10678 MAC'S EQUIPMENT INC 11/30/2023 94.90
28186 10335 MADERA FORD 11/30/2023 130.47
28187 11965 MISSION UNIFORM SERVICE 11/30/2023 1,310.61 28188 10272 MUTUAL OF OMAHA 11/30/2023 2,789.69
28189 10282 OFFICE DEPOT 11/30/2023 545.05
28190 10289 P.G.& E. 11/30/2023 4,773.49
28191 10301 PETTY CASH 11/30/2023 254.21
28192 12026 PRECISION CIVIL ENGINEERING INC 11/30/2023 45,120.00 AP Checks by Date - Summary by Check Date (12/1/2023 3:46 PM) Page 5 21 Section 5, Item D.

Check No Vendor No Vendor Name Check Date Check Amount
28193 10316 R G EQUIPMENT OF FRESNO INC 11/30/2023 222.59 28194 10324 RIVERSIDE NURSERY & LANDSCAPE INC11/30/2023 543.11 28195 12475 SAN JOAQUIN PEST CONTROL 11/30/2023 105.00
28196 11650 SITEONE LANDSCAPE SUPPLY COMPANY11/30/2023 635.01 28197 12054 SPARKLETTS 11/30/2023 88.39
28198 10378 ULINE INC 11/30/2023 406.00
28199 12178 VALLEY ANIMAL CENTER SPAY & NEUTER CLINIC 11/30/2023 129.60 28200 10399 VETERINARY MEDICAL CENTER 11/30/2023 45.00
28201 11574 ARLENE VILLAREAL 11/30/2023 150.00
Total for 11/30/2023: 91,332.39
Report Total (255 checks): 1,035,986.55
AP Checks by Date - Summary by Check Date (12/1/2023 3:46 PM) Page 6 22 Section 5, Item D.

CITY OF KERMAN
CD/Securities Portfolio
As of October 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 CD's:

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) - - 1,097.34 Goldman Sachs Bank NY 615-030525-245 3.15% 2/6/19 2/6/24 48,000.00 48,000.00 47,692.80 749.79 Beal Bank USA Las Vegas Nev CFT 615-030525-245 1.55% 3/9/22 3/6/24 248,000.00 248,000.00 244,686.72 1,937.80 Ally Bank Sandy Utah 615-030525-245 2.55% 4/28/22 4/29/24 205,000.00 205,000.00 202,089.00 2,620.91 Barclays Bank Del Retail 615-030525-245 2.85% 6/2/22 6/3/24 245,000.00 245,000.00 241,219.65 - American Express National Bank 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 245,000.00 241,347.05 - Capital One National Mclean 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 245,000.00 241,347.05 - Customers Bank Phoenixville PA 615-030525-245 4.70% 2/16/23 8/16/24 250,000.00 250,000.00 247,997.50 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 6,553.42 Wells Fargo Bank in Sioux Falls 615-030525-245 4.35% 10/14/22 10/15/24 249,000.00 249,000.00 245,860.11 3,620.40 Morgan Stanley Private National Bank 615-030525-245 4.80% 4/20/23 10/21/24 244,000.00 244,000.00 241,935.76 5,872.04 Western Alliance Bank 615-030525-245 4.85% 4/13/23 10/21/24 244,000.00 244,000.00 241,957.72 5,933.21 Brookline Bank Mass 615-030525-245 5.30% 8/30/23 10/30/24 248,000.00 248,000.00 247,074.96 2,196.67 Morgan Stanley Bank 615-030525-245 5.20% 8/30/23 3/3/25 243,000.00 243,000.00 241,578.45 - Bank of Wisonsin 615-030525-245 5.40% 9/27/23 4/2/25 248,000.00 248,000.00 247,020.40 - Merrick Bank 615-030525-245 5.40% 9/27/23 4/4/25 248,000.00 248,000.00 247,017.92 - State Bank of India 615-030525-245 1.10% 5/28/20 5/28/25 248,000.00 248,000.00 231,086.40 - Capital One National National 615-030525-245 3.35% 6/29/22 6/30/25 245,000.00 245,000.00 236,052.60 - Discover Bank Greenwood 615-030525-245 3.55% 9/20/22 9/22/25 245,000.00 245,000.00 235,871.30 4,384.49 BMW Bank North Amer Salt Lake 615-030525-245 0.50% 9/25/20 9/25/25 249,000.00 249,000.00 226,109.43 627.62 US Government Bonds
Federal Home Loan Bank 615-030525-245 4.00% 9/23/22 9/23/24 500,000.00 500,000.00 492,975.00 10,000.00 Federal Home Loan Bank 615-030525-245 5.05% 1/30/23 1/28/25 500,000.00 500,000.00 495,590.00 12,484.72 Federal Home Loan Bank 615-030525-245 5.10% 1/30/23 1/28/26 500,000.00 500,000.00 493,600.00 12,608.33 Average Rate 3.82%
Total CD's 5,738,000.00 209,000.00 - 5,947,000.00 5,839,144.82 82,173.53 23 Section 5, Item E.

CITY OF KERMAN
CD/Securities Portfolio
As of October 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
9/1-9/26/23 24,703.61 24,703.61
9/26/23 (24,729.46) (24,729.46)
10/1-10/31 112,157.47 112,157.47
10/30/23 (112,140.28) (112,140.28)
- 18.15 - 18.15 18.15 -

18.15 Local Agency Investment Fund
Beginning Balance 98-10-400 12,165,605.11 12,165,605.11 - Interest 3.15% 7/14/23 95,517.05 95,517.05 95,517.05

3.59% 10/13/23 110,565.87 110,565.87
Transfers In/(Out) -
-
Total - LAIF 3.37% 12,165,605.11 206,082.92 - 12,371,688.03 12,371,688.03 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
9/29/23 549.28 549.28
10/31/23 606.14 606.14
Transfers In/(Out) -
-

0.08% -
8,640,558.56 2,329.62 - 8,642,888.18 8,642,888.18 587.08 Subtotal All City Investments 2.42% 26,544,163.67 417,412.54 - 26,961,576.21 26,853,721.03 178,277.66 26,544,163.67 417,430.69 - 26,961,594.36 26,853,739.18 178,277.66 Market Value Adjustment (107,855.18)
417,430.69
417,430.69

0.00 Total Investments
24 Section 5, Item E.

STAFF REPORT
MEETING DATE: December 13, 2023
PRESENTER: John Jansons, City Manager
SUBJECT: Contract for Emergency Preparedness
RECOMMENDATION: Council by motion adopt resolution approving contract with Michael Brady Emergency Management Consulting for preparation of an Updated Emergency Operations Plan, Stakeholder and Community Engagement and Staff Training in an amount not to exceed $30,000.

EXECUTIVE SUMMARY:

The City of Kerman has not updated its Emergency Operation Plan since 2008. When the COVID19 pandemic emergency occurred, the plan was of limited use due to its obsolescence.

Staff received recommendations from the Fresno County Department of Emergency Management for firms to update the City’s plan and provide basics introductory training on Emergency Operation Center (EOC) operation and management.

Staff solicited proposals and interviewed several firms. Staff received assistance from Chief Tim Henry of the North Central Fire Protection District to advise and opine on the proposals received.

Staff now presents a Resolution, Attachment A, authorizing a contract with Michael Brady Emergency Management Consulting (Consultant) to assist the City.

Attachment B to this report is the recommended Professional Services Agreement (PSA/Contract).

Attachment C to his report is the Consultant’s proposal which includes an introduction, scope of work and estimated budget. The work consists of the following, with specific and tangible deliverables:

Phase 1 – Emergency Operations Plan (EOP) Development:

Phase 2 – Emergency Operations Plan (EOP) Orientation and Table-Top Exercise:

ATTACHMENTS:

A. Draft Resolution
B. Professional Services Agreement
C. Consultant Proposal
25 Section 5, Item F.

Attachment ‘A’
RESOLUTION NO. 23-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN AWARDING CONTRACT TO

MICHAEL BRADY EMERGENCY MANAGEMENT CONSULTING TO UPDATE CITY EMERGENCY

OPERATIONS PLAN AND CONDUCT STAFF TRAINING FOR EMERGENCY PREPAREDNESS IN THE AMOUNT OF $ 30,000
WHEREAS, staff solicited interest from emergency management professionals and firms to assist the City with needed improvements to emergency preparedness; and WHEREAS, Michael Brady Emergency Management Consulting (Consultant) was deemed best suited to perform this work for the City; and
WHEREAS, a professional services agreement (Contract) in the amount of $30,000 has been negotiated to the satisfaction of both the City and the Consultant; and WHEREAS, planning, organizing, training and capacity building for emergency situations is essential to protecting the health and welfare of the City and its residents, businesses and visitors; and
WHEREAS, planning, organizing, training and capacity building for emergency situations is essential to maintain continuity of vital City services in the event of an emergency or disaster.

NOW THEREFORE, the Kerman City Council resolves as follows:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City Council approves of the contact attached and incorporated by reference as Exhibit A to this Resolution with Michael Brady Emergency Management Consulting to complete an emergency operations plan and conduct staff training in emergency preparedness and emergency operations management.

SECTION 3. The Contract in the amount of $30,000 is attached as Exhibit A is hereby incorporated by reference.

SECTION 4. The City Manager is authorized to sign the agreement on behalf of the City.

SECTION 5. This resolution is effective upon adoption.
26 Section 5, Item F.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
______________________
Maria Pacheco
Mayor
ATTEST:
___________________________
Josie Camacho,
Deputy City Clerk
27 Section 5, Item F.

PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") for Emergency Management Planning and Training Services is made and entered into this _____ day of ________________, 2023 (hereinafter, the "Effective Date"), by and between the CITY OF KERMAN, a municipal corporation ("CITY") and Michael Brady Emergency Management Consulting, a Sole Proprietor (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably.

RECITALS
WHEREAS, CITY has determined that it requires Emergency Management Planning and Training Services for the City; and
WHEREAS, such services benefit CITY by providing dedicated, expert services; and WHEREAS, CONSULTANT represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals, employees, and subcontractors;
WHEREAS, CONSULTANT further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement; WHEREAS, CONSULTANT submitted a proposal, dated June 3, 2023, which in response to the City's request for qualifications/proposals for Emergency Management Planning and Training Services; and
WHEREAS, this Agreement was approved by the Kerman City Council at its regular meeting on the 13th day of December, 2023.

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

I.

ENGAGEMENT TERMS

1.1 SCOPE OF SERVICES:

A. Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit "A" which is attached hereto and incorporated by reference and hereinafter referred to as the "Scope of Services".
28 Section 5, Item F. Attachment 'B'
B. CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services.

C. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term "Work." D. Work performed by CONSULTANT under this Agreement shall be limited to the tasks assigned to CONSULTANT pursuant to CITY's discretion and need for on-call, as- needed services.

1.2 TERM:

A. This Agreement shall have a term commencing on the Effective Date and shall expire on December 1, 2024.

B. CONSULTANT may ask and CITY may grant an extension based on extenuating circumstances, notwithstanding provisions provided under Section 5 below.

C. Nothing in this Subsection 1.2 shall operate to prohibit or otherwise restrict CITY’s right to terminate this Agreement at any time for convenience or for cause as provided herein.

1.3 COMPENSATION:

A. Generally, CONSULTANT shall perform all of the various services and tasks that comprise the work in accordance with the hourly compensation schedule included in Exhibit "B" which is attached and incorporated by reference.

B. CONSULTANT's total compensation during the Term of this Agreement shall not exceed the budgeted aggregate sum of Thirty Thousand Dollars ($30,000), (hereinafter, the "Notto-Exceed Sum"), unless such added expenditure is first approved by the CITY. In the event CONSULTANT's charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONSULTANT's performance pending CITY approval of any anticipated expenditures in excess of the Notto-Exceed Sum or any other CITY-approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONSULTANT shall submit to CITY an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT's monthly compensation is a function of hours worked by CONSULTANT's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service 29 Section 5, Item F.
performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVES: The CITY hereby designates the City Manager or Designee (hereinafter, the "CITY Representatives") to act as its representatives for the performance of this Agreement. The City Manager shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representatives or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Michael Brady, Owner, to act as its representative for the performance of this Agreement (hereinafter, "CONSULTANT Representative"). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement.

CONSULTANT Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE: CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and 30 Section 5, Item F.
this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their designees.

2.4 STANDARD OF CARE: PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.); D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
F. All of CONSULTANT's employees and agents (including but not limited subcontractors and sub-consultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection. The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and sub-consultants. Such effort by CONSULTANT to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT's profession.
31 Section 5, Item F.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.

2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR:

The Work shall be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent consultant basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT's exclusive direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.

2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or sub-consultants is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, sub-consultant or sub-consultant shall be promptly removed by CONSULTANT and shall not be re-assigned to perform any of the Work.

2.8 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws shall include without limitation compliance with all applicable Gal/OSHA requirements.

2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, 32 Section 5, Item F.
national origin, ancestry, age, physical or mental disability or medical condition. that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article.

CONSULTANT shall procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

Three (3) years thereafter, CONSULTANT shall procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and shall be endorsed to include contractual liability. 33 Section 5, Item F.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide.

As to Workers' Compensation Insurance/Employer's Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT shall be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONSULTANT's insurance and shall not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or sub-consultants from waiving the right of subrogation prior to a loss.

CONSULTANT hereby waives all rights of subrogation against CITY.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONSULTANT warrants, represents and agrees that its shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any work or any of the Work. Upon CITY's written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "CITY Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related 34 Section 5, Item F.
to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT's failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

4.6 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal 35 Section 5, Item F.
expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

V.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar days prior written notice of CITY's intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A.In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2.8 and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the 36 Section 5, Item F.

Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14- day cure period. In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT shall include, but shall not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, 37 Section 5, Item F.

CONSULTANT shall be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained 38 Section 5, Item F.
herein which provides that it shall survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data.

CONSULTANT shall require all subcontractors and sub-consultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any sub-consultant or sub-consultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement.

CONSULTANT shall not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq. # # #
39 Section 5, Item F.

6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:

Michael Brady Emergency Management Consulting City of Kerman Attn: Michael Brady, Attn: John Jansons, City Manager
891 Stagecoach Rd. 850 S. Madera Ave.

Arroyo Grande, CA 93420 Kerman, CA 93630
[email protected]
(805) 215-4009
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement. 6.6 SUBCONTRACTING: CONSULTANT shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
40 Section 5, Item F.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Fresno County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.

6.12SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

6.13NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

6.17CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.

6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party 41 Section 5, Item F.
which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this pursuant to Section 6.15, above.

6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the remaining two original counterparts shall be retained by CITY.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF KERMAN MICHAEL BRADY
By: _______________________ By: _______________________ John Jansons, City Manager Name: ____________________
Date: __________________ Title: _____________________
Date: _____________________
APPROVED AS TO FORM:
_______________________
Hilda Cantu Montoy
City Attorney
ATTEST:
_______________________
Josie Camacho
Deputy City Clerk
42 Section 5, Item F.

EXHIBIT 'A'

SCOPE OF WORK
Michael Brady, Emergency Management Consulting, intends to provide the following basic scope of services:

Phase 1 – Emergency Operations Plan (EOP) Development:
• Based on current State standards, develop and update the City of Kerman Emergency Operations Plan (EOP)
• Work consists of:
• Develop a draft EOP based on current City of Kerman Hazards, Demographics, Existing Plans and City Organization/Structures
• Hold onsite Stakeholder workshop to review draft plan and develop input. Participants may include:

City Personnel
North Central Fire District
Assisted Living Centers
Kerman Unified School District
Day Disabled Training Center
Medical/Health Facilities
Business Leaders
Volunteer Organizations
Community Based Organizations
Cultural Leaders
Access and Functional Needs Advocates
Others as identified
• Update Plan based on feedback
• Present final plan to Stakeholders for review
• Revise as needed
• Submit to City Council for Approval and Adoption
• Services to include the digital linkage of plan to other City of Kerman Plans: i.e. General Plan/Safety Element
• Digital file presented to the City of Kerman
Phase 2 – Emergency Operations Plan (EOP) Orientation and Table-Top Exercise:
• Develop and conduct a 2-4 hour Orientation Presentation and Training on the Updated Emergency Operations Plan
• Develop and conduct a 2-4 hour Homeland Security Exercise Evaluation Program (HSEEP) Table-Top Exercise focusing on:
• Elements of the EOP
• Hazard and Risk Analysis
43 Section 5, Item F.
• Roles and Responsibilities
• Alert and Warning
• Situation Analysis and Common Operating Picture
• Resource Management
• Public Information Officer
• Conduct a Hot Wash and Improvement Plan (IP)
Work consists of:
• Development of an EOP Presentation.
• Develop HSEEP Table-Top Exercise
• Print material for 50 participants.
• Include allied agencies as appropriate
• Conduct the Training and Exercise (up to 6 hours).
• Facilitate a Hot Wash
• Develop a Survey Instrument to collect After Action Report Data • Analyze data and develop an After-Action Report and Improvement Plan • Present the AAR/IP to HHS Management for Future Action • Consultant requests the City to provide:
• Participants
• Provide facility For the Training and Exercise.
• Copies of the EOP
44 Section 5, Item F.

EXHIBIT 'B'

FEE SCHEDULE
Tasks Start date -estimate Cost
Phase 1
Emergency Operations Plan
(EOP) Development
Jan 1, 2024 $20,000
Phase 2
Emergency Operations Plan
(EOP) Orientation and
Table-Top Exercise:

TBD – Winter /Spring 2023 $9,000
$29,000
45 Section 5, Item F.

STAFF REPORT
MEETING DATE: December 13, 2023
PRESENTER: Theresa Johnson, Community Services Director SUBJECT: Community Organization Grant Program Policy (TJ) RECOMMENDATION: Council by motion adopt resolution approving Community Organization Grant Program Policy.

EXECUTIVE SUMMARY:

On October 25, 2023, the City Council reviewed and discussed the draft Community Organization Grant Program Policy. With no objection to the Policy, staff was directed to make minor revisions to Ad Hoc committee members and return the policy for approval.

The City of Kerman recognizes the value other organizations have in providing services that benefit the community and its members. The Community Organization Grant Program is intended to provide monetary assistance to eligible community non-profit organizations in their efforts to provide social, educational and cultural services to the community.

The policy will set the stage for Council to consider requests for events and programs that:
• Provide a public service, or otherwise promote the health, safety or welfare of the community.
 Benefit the City of Kerman residents and businesses.
• Held within Kerman City limits and open to the public. • Serve a charitable, cultural, or educational purpose.

The application process for grants will coincide with the approval of the annual City budget. A call for applications will begin on January 1, through February 28, of each year.

Applicants will be required to supply specific details of their events, including a full explanation about the proposed use of funds and a budget of the program/project.

An ad hoc committee will review the applications and make their recommendations for approval by the City Council at a meeting in April. Once approved, the final figures for grant funding will be included in the annual budget. Funding will commence after the annual budget is approved by the City Council.
46 Section 5, Item G.

The ad hoc committee will consist of the City Clerk, the Community Services Director and two other staff appointees (appointed by the City Manager).

FISCAL IMPACT:

The following events have been approved by the City Council for annual/biennial funding and will be included in the budget as a matter of course:

1. The American Spirit Fireworks Extravaganza $600.00

2. The Big Fresno Fair $600.00

3. Kerman Unified School District - Sober Grad Night $500.00

4. Kerman Youth Commission (biennial) $500.00
Total: $2,200.00
Additional funds will be determined by the number of applications received/approved.

ATTACHMENTS:

A. Resolution w/Exhibits Policy and Application
47 Section 5, Item G.

Attachment ‘A’
RESOLUTION NO. 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

ESTABLISHING COMMUNITY ORGANIZATION GRANT PROGRAM POLICY WHEREAS, on October 18, 2017, the City Council of the City of Kerman established Community Services Support Criteria; and
WHEREAS, the Council has an established Community Services Account that designates funds for the fiscal year; and
WHEREAS, the Council desires to establish the Community Organization Grant Program for the permissible use of the Community Services Account.

NOW, THEREFORE, the City Council of the City of Kerman Hereby Resolves as follows:

1. The Council hereby establishes the Community Organization Grant Program Policy as set forth in Exhibit A attached to this resolution including the application form attached thereto.

2. An application shall be used by applicants to request public funds from the City.

3. The application process will coincide with the approval of the annual City budget.

4. A call for applications will take place from January 1 through February 28 of each year

5. This resolution is effective upon adoption.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
ATTEST: Mayor
__________________________
Josie Camacho
Deputy City Clerk
48 Section 5, Item G.

Community Organization Grant Program Policy for
Community Services, Programs and Activities

PURPOSE
The purpose of this Community Organization Grant Program Policy and application is to establish processing and evaluation criteria in a fair and equitable way for the disbursement of City funds to community-based organizations that provide community service programs to Kerman residents.

GENERAL POLICY
This Policy was created as a way to support “Community Comes First” and encourage groups to build and celebrate our unique culture by holding community events in Kerman.

All proposals for funding under the Community Organization Grant Program budget should adhere to the following:

1. Provide a public service, or otherwise promote the health, safety or welfare of the community.

2. Benefit the City of Kerman residents and businesses.

3. Applicants must successfully explain how the proposed program/project will serve the City of Kerman residents.

4. The organization must operate as a non-profit and provide verification of 501(c) (3) status.

5. Events must be held within Kerman City limits and open to the public.

6. Serve a charitable, cultural, or educational purpose.

7. Request no more than fifty percent (50%) of the total funding for the proposed activity.

8. Grant funds cannot pay for personal property, charitable donations, alcohol, faith-based activities (faith groups can apply if the project meets a community need), operational costs, items that will be donated/raffled/auctioned, or political campaigning.

9. It is the responsibility of the applicant to ensure that any activity or program that is funded is in compliance with all applicable zoning, health, building or other codes, permits and regulations.

Grant funding is not intended to be an ongoing funding source for the event. Funding in one year is not a guarantee for future funding. All applications are subject to a new review each year.

Exhibit ‘A’
49 Section 5, Item G.

APPLICATION PROCESS

1. Applications may be submitted only during the open application period. The application period will commence on January 1, through February 28, of each year. Applications are available at City Hall and on the City’s website at: https://cityofkerman.net/

2. The applicant must submit a completed application and all required attachments to be considered for funds.

3. The application must include a full explanation about the proposed use of the funds and include a budget of the program/project.

4. Applications must be filed with the City Clerk on or before 5 p.m. on February 28, of each calendar year. If February 28, falls on a Saturday, Sunday or holiday, when City offices are closed, the filing date shall extend to 5 p.m. on the next business day.

5. Incomplete applications or ones not submitted by the deadline will not be considered during this year’s grant review process.

APPLICATION REVIEW AND FUNDING DECISIONS

1. An ad hoc committee consisting of the City Clerk, the Community Services Director, and two other appointees will review each application. The committee may choose to contact the applicant for more information or clarification regarding the details of the application during the review period.

2. In making funding determinations, the committee will review and consider the following criteria:

A. Is the organization currently nonprofit?
B. Does the organization provide a service to the overall community of Kerman? C. Will the organization use the grant funds for the benefit of the citizens of Kerman? D. Does the organization receive any other discounts or benefits from the City of Kerman pertaining to this event?
E. Can the organization provide financial statements (prepared using an appropriate method of account) to demonstrate sound financial management? F. Can the organization provide a budget demonstrating its cost –effectiveness? The committee shall make its recommendations for funding to the full City Council at a meeting in April. Final funding will be included in the annual budget. Funding will commence after the annual budget is approved.

Not all groups meeting the Program requirements will necessarily receive a grant.

Based on the number of applications, scope of project, program, activity, or event, and available funding, groups may not receive the full grant that they request, but may receive partial funding.
50 Section 5, Item G.

Grants are not to be regarded as an entitlement. The intent of the grant is to assist programs with support funding and are not meant to fund one hundred percent (100%) of the program costs.

Approval of a grant in any one year is not to be regarded as an automatic ongoing source of annual funding.

City Council will make the final grant decisions, at its sole discretion, based on the recommendations of the Internal Committee and applicant’s adherence to the grant program’s purpose, objectives and goals.

City Council may require additional information, choose to allocate funds in phases, require additional reporting conditions, or deny portions of requested funding. There is no appeal process regarding City Council’s decision. However, applicants may submit grant application(s) in the next grant cycle.

SPECIAL EVENT PERMIT AND USE OF CITY FACILITY
All special events in Kerman must also submit a Special Events Permit Application before the event date. To learn more about the City of Kerman Special Events Permit Process, contact the Community Development Department at (559) 846-6121. Applicant will be required to obtain permits, clearances, insurance and event authorization and pay any relevant fees in a timely manner. If you are proposing to use a City facility, applicant must submit a request in accordance with standard rental procedures.

If City staff time is requested (such as public safety officers, public works, etc.) please contact the relevant department to obtain a cost estimate and include the cost in your proposed budget.

ADDITIONAL INFORMATION AND REPORTING

1. Funding for the Community Organization Grant Program is limited and some applications, while worthy, will not be funded due to the limited resources.

2. Once approved by Council, the funding award will be processed by City staff.

3. All grant awardees will be required to submit a performance report to the City of Kerman within 60 days after the event was held.

4. Selection will be made by award of a contract executed by City and Grantee after the Council makes the award. The contract will be in substantial form as that attached.

5. Grant application forms may be amended and revised from time to time, as the City deems appropriate.

OTHER FUNDING
All other requests for City funding outside of the open application period, must be directed to the City Manager’s office. Any recommended funding will require City Council budget approval. 51 Section 5, Item G.

I affirm that I am authorized by the organization to make this request and that the answers in this application are completely truthful and that the City may rely without hesitation on my answers?
Signature: _______________________________ Date: _______________ Print Name, Position: ______________________________

1. GENERAL INFORMATION Date: ______________
Applicant:

Type of
Applicant:

Public Agency_____ Private_____ Non-Profit_____ Other_____ Contact Person: Title:

Address: City, Zip Code
Phone: Email:

Agency website:

Geographical area(s) the organization serves:

Provide a description of the organization and its general functions:

What is your agency’s budget for the current fiscal year? $ I have received a copy of the Kerman Community
Organization Grant Program Policy.

Initial_____

COMMUNITY ORGANIZATION GRANT PROGRAM APPLICATION
________Fiscal Cycle
Please print or type and attach additional paper if needed.

DUE ON OR BEFORE 5:00 P.M. on FEBRUARY 28
Exhibit ‘A’
52 Section 5, Item G.

2. PROGRAM DESCRIPTION
Please indicate the type of funding request:

Special Event_____ Program/Project_____ Facility Fees_____ Name the program or project for which you are requesting funding:

Amount of Funding Requested: $______________
Is this a new or existing program? New ____ Existing ____ Provide a detailed description of the proposed program/project explaining what is to be accomplished with the requested funds.

Identify and describe the target population.

How will this program/project be promoted among the target population? Identify the facility at which the proposed program/project will take place, including hours and days.

3. PROGRAM FINANCIAL INFORMATION
List the year(s), and amount(s) of past funding the program/project has received from the City of Kerman:

List funding the program receives from other sources, including any other applied City nonprofit rates.

Supply the following information regarding funding the specific program/project you are proposing. For City if funding is awarded what category, would requested funds cover? 53 Section 5, Item G.

Expenses Revenues
Categories Expenditures Other Sources From City
Salaries and Benefits
Supplies
Rent
Communications (phone,
postage)
Travel Expenses
Insurance
Other
Total Budget: ____________

4. ATTACHMENTS
Please attach the following with your application:

Evidence of non-profit status 501c (3)
Copy of Bylaws
Evidence of Liability Insurance; amount of $1,000,000
Evidence of Worker’s Compensation Insurance (if applicable) Board of Directors roster/stipend/amount
Copy of the agency’s most recent total budget
Funding for the City’s Community Organization Grant Program is limited and some applications, while worthy, may not be funded due to limited resources.

Deadline for current fiscal year funding requests is February 28, 5:00 p.m.

Incomplete applications or ones not submitted by the deadline will not be considered during this year’s grant review process.

SUBMIT ORIGINAL APPLICATION WITH ATTACHMENTS TO:

Attention: City Clerk
Kerman City Hall
850 S. Madera Ave.

Kerman, CA 93630
54 Section 5, Item G.

STAFF REPORT
MEETING DATE: December 13, 2023
PRESENTER: John Jansons, City Manager
SUBJECT: Contract for Emergency Preparedness (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving contract with Michael Brady Emergency Management Consulting Engagement and Staff Training in an amount not to exceed $30,000.

EXECUTIVE SUMMARY:

The City of Kerman has not updated its Emergency Operation Plan since 2008. When the COVID19 pandemic emergency occurred, the plan was of limited use due to its obsolescence.

Staff received recommendations from the Fresno County Department of Emergency Management for firms to update the City’s plan and provide basics introductory training on Emergency Operation Center (EOC) operation and management.

Staff solicited proposals and interviewed several firms. Staff received assistance from Chief Tim Henry of the North Central Fire Protection District to advise and opine on the proposals received.

Staff now presents a Resolution, Attachment A, authorizing a contract with Michael Brady Emergency Management Consulting (Consultant) to assist the City.

Attachment B to this report is the recommended Professional Services Agreement (PSA/Contract).

Attachment C to his report is the Consultant’s proposal which includes an introduction, scope of work and estimated budget. The work consists of the following, with specific and tangible deliverables:

Phase 1 – Emergency Operations Plan (EOP) Development:

Phase 2 – Emergency Operations Plan (EOP) Orientation and Table-Top Exercise:

ATTACHMENTS:

A. Draft Resolution
B. Professional Services Agreement
C. Consultant Proposal
55 Section 5, Item H.

Attachment ‘A’
RESOLUTION NO. 23-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN AWARDING CONTRACT

TO MICHAEL BRADY EMERGENCY MANAGEMENT CONSULTING TO UPDATE

CITY EMERGENCY OPERATIONS PLAN AND CONDUCT STAFF TRAINING FOR EMERGENCY PREPAREDNESS IN THE AMOUNT OF $ 30,000.

WHEREAS, staff solicited interest from emergency management professionals and firms to assist the City with needed improvements to emergency preparedness; and WHEREAS, Michael Brady Emergency Management Consulting (Consultant) was deemed best suited to perform this work for the City; and
WHEREAS, a professional services agreement (Contract) in the amount of $30,000 has been negotiated to the satisfaction of both the City and the Consultant; and WHEREAS, planning, organizing, training and capacity building for emergency situations is essential to protecting the health and welfare of the City and its residents, businesses and visitors; and WHEREAS, planning, organizing, training and capacity building for emergency situations is essential to maintain continuity of vital City services in the event of an emergency or disaster.

NOW THEREFORE, the Kerman City Council resolves as follows:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City Council approves of the contact (Exhibit A to this Resolution) with Michael Brady Emergency Management Consulting to complete an emergency operations plan and conduct staff training in emergency preparedness and emergency operations management.

SECTION 3. The Contract in the amount of $30,000 is attached as Exhibit A is hereby incorporated by reference.

SECTION 4. The City Manager is authorized to sign the agreement on behalf of the City.

SECTION 5. This resolution is effective upon adoption.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
56 Section 5, Item H.

The foregoing resolution is hereby approved.
______________________
Maria Pacheco
Mayor
ATTEST:
___________________________
Josie Camacho,
Deputy City Clerk
57 Section 5, Item H.

PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") for Emergency Management Planning and Training Services is made and entered into this _____ day of ________________, 2022 (hereinafter, the "Effective Date"), by and between the CITY OF KERMAN, a municipal corporation ("CITY") and Michael Brady Emergency Management Consulting, a Sole Proprietor (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably.

RECITALS
This AGREEMENT is made and entered into with respect to the following facts:

WHEREAS, CITY has determined that it requires Emergency Management Planning and Training Services for the City; and
WHEREAS, such services benefit CITY by providing dedicated, expert services; and WHEREAS, CONSULTANT represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals, employees, and subcontractors;
WHEREAS, CONSULTANT further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement; WHEREAS, CONSULTANT submitted a proposal, dated June 3, 2023, which in response to the City's request for qualifications/proposals for Emergency Management Planning and Training Services; and
WHEREAS, this Agreement was approved by the Kerman City Council at its regular meeting on; the 13th day of December, 2023.

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

I.

ENGAGEMENT TERMS

1.1 SCOPE OF SERVICES:

A. Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit "A" (hereinafter referred to as the "Scope of Services").

Attachment 'B'
58 Section 5, Item H.

B. CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services.

C. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term "Work." D. Work performed by CONSULTANT under this Agreement shall be limited to the tasks assigned to CONSULTANT pursuant to CITY's discretion and need for on-call, as- needed services.

1.2 TERM:

A. This Agreement shall have a term commencing on the Effective Date for a period not to exceed 1 years, expiring on December 1st, 2024.

B. CONSULTANT may ask and CITY may grant an extension based on extenuating circumstances, notwithstanding provisions provided under Section 5 below.

C. Nothing in this Subsection 1.2 shall operate to prohibit or otherwise restrict CITY’s right to terminate this Agreement at any time for convenience or for cause as provided herein.

1.3 COMPENSATION:

A. Generally, CONSULTANT shall perform all of the various services and tasks that comprise the work in accordance with the hourly compensation schedule included in Exhibit "B."
B. CONSULTANT's total compensation during the Term of this Agreement shall not exceed the budgeted aggregate sum of Thirty Thousand Dollars ($30,000), (hereinafter, the "Notto-Exceed Sum"), unless such added expenditure is first approved by the CITY. In the event CONSULTANT's charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONSULTANT's performance pending CITY approval of any anticipated expenditures in excess of the Notto-Exceed Sum or any other CITY-approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONSULTANT shall submit to CITY an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT's monthly compensation is a function of hours worked by CONSULTANT's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service 59 Section 5, Item H.
performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVES: The CITY hereby designates the City Manager or Designee (hereinafter, the "CITY Representatives") to act as its representatives for the performance of this Agreement. The City Manager shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representatives or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Michael Brady, Owner, to act as its representative for the performance of this Agreement (hereinafter, "CONSULTANT Representative"). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement.

CONSULTANT Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE: CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and 60 Section 5, Item H.
this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their designees.

2.4 STANDARD OF CARE: PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.); D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
F. All of CONSULTANT's employees and agents (including but not limited subcontractors and sub-consultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection. The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and sub-consultants. Such effort by CONSULTANT to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT's profession.
61 Section 5, Item H.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.

2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR:

The Work shall be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent consultant basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT's exclusive direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.

2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or sub-consultants is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, sub-consultant or sub-consultant shall be promptly removed by CONSULTANT and shall not be re-assigned to perform any of the Work.

2.8 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws shall include without limitation compliance with all applicable Gal/OSHA requirements.

2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, 62 Section 5, Item H.
national origin, ancestry, age, physical or mental disability or medical condition. that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article.

CONSULTANT shall procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

Three (3) years thereafter, CONSULTANT shall procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and shall be endorsed to include contractual liability. 63 Section 5, Item H.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide.

As to Workers' Compensation Insurance/Employer's Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT shall be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONSULTANT's insurance and shall not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or sub-consultants from waiving the right of subrogation prior to a loss.

CONSULTANT hereby waives all rights of subrogation against CITY.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONSULTANT warrants, represents and agrees that its shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any work or any of the Work. Upon CITY's written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "CITY Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related 64 Section 5, Item H.
to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT's failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

4.6 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal 65 Section 5, Item H.
expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

V.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar days prior written notice of CITY's intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A.In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2.8 and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the 66 Section 5, Item H.

Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14- day cure period. In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT shall include, but shall not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, 67 Section 5, Item H.

CONSULTANT shall be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained 68 Section 5, Item H.
herein which provides that it shall survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data.

CONSULTANT shall require all subcontractors and sub-consultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any sub-consultant or sub-consultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement.

CONSULTANT shall not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq. # # #
69 Section 5, Item H.

6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:

Michael Brady Emergency Management Consulting City of Kerman Attn: Michael Brady, Attn: John Jansons, City Manager
891 Stagecoach Rd. 850 S. Madera Ave.

Arroyo Grande, CA 93420 Kerman, CA 93630
[email protected]
(805) 215-4009
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement. 6.6 SUBCONTRACTING: CONSULTANT shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
70 Section 5, Item H.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Fresno County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.

6.12SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

6.13NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

6.17CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.

6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party 71 Section 5, Item H.
which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this pursuant to Section 6.15, above.

6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the remaining two original counterparts shall be retained by CITY.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF KERMAN MICHAEL BRADY
By: _______________________ By: _______________________ John Jansons, City Manager Name: ____________________
Date: __________________ Title: _____________________
Date: _____________________
APPROVED AS TO FORM:
_______________________
Hilda Cantu Montoy
City Attorney
ATTEST:
_______________________
Josie Camacho
Deputy City Clerk
72 Section 5, Item H.

EXHIBIT 'A'

SCOPE OF WORK
Michael Brady, Emergency Management Consulting, intends to provide the following basic scope of services:

Phase 1 – Emergency Operations Plan (EOP) Development:
• Based on current State standards, develop and update the City of Kerman Emergency Operations Plan (EOP)
• Work consists of:
• Develop a draft EOP based on current City of Kerman Hazards, Demographics, Existing Plans and City Organization/Structures
• Hold onsite Stakeholder workshop to review draft plan and develop input. Participants may include:

City Personnel
North Central Fire District
Assisted Living Centers
Kerman Unified School District
Day Disabled Training Center
Medical/Health Facilities
Business Leaders
Volunteer Organizations
Community Based Organizations
Cultural Leaders
Access and Functional Needs Advocates
Others as identified
• Update Plan based on feedback
• Present final plan to Stakeholders for review
• Revise as needed
• Submit to City Council for Approval and Adoption
• Services to include the digital linkage of plan to other City of Kerman Plans: i.e. General Plan/Safety Element
• Digital file presented to the City of Kerman
Phase 2 – Emergency Operations Plan (EOP) Orientation and Table-Top Exercise:
• Develop and conduct a 2-4 hour Orientation Presentation and Training on the Updated Emergency Operations Plan
• Develop and conduct a 2-4 hour Homeland Security Exercise Evaluation Program (HSEEP) Table-Top Exercise focusing on:
• Elements of the EOP
• Hazard and Risk Analysis
• Roles and Responsibilities
• Alert and Warning
73 Section 5, Item H.
• Situation Analysis and Common Operating Picture
• Resource Management
• Public Information Officer
• Conduct a Hot Wash and Improvement Plan (IP)
Work consists of:
• Development of an EOP Presentation.
• Develop HSEEP Table-Top Exercise
• Print material for 50 participants.
• Include allied agencies as appropriate
• Conduct the Training and Exercise (up to 6 hours).
• Facilitate a Hot Wash
• Develop a Survey Instrument to collect After Action Report Data • Analyze data and develop an After-Action Report and Improvement Plan • Present the AAR/IP to HHS Management for Future Action • Consultant requests the City to provide:
• Participants
• Provide facility For the Training and Exercise.
• Copies of the EOP
74 Section 5, Item H.

EXHIBIT 'B'

FEE SCHEDULE
Tasks Start date -estimate Cost
Phase 1
Emergency Operations Plan
(EOP) Development
Jan 1, 2024 $20,000
Phase 2
Emergency Operations Plan
(EOP) Orientation and
Table-Top Exercise:

TBD – Winter /Spring 2023 $9,000
$29,000
75 Section 5, Item H.

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PREPARED BY

PREPARED FOR
Emergency Operations Plan (EOP) Development, EOP Table-Top Orientation and Emergency Operations Center (EOC) Training/Exercise DATE
June 3, 2023
76 Section 5, Item H. Exhibit 'C'
June 3, 2023
Michael Brady
Michael Brady Emergency Management Consulting (Sole Proprietor) Small Business Certification #2015702
891 Stagecoach Rd.

Arroyo Grande, CA 93420
[email protected]
michaelbradyem.com
(805) 215-4009
Mr. John Jansons
City Manager
City of Kerman
Thank you for the opportunity to allow me to submit this scope of work and proposal to assist the City of Kerman to meet its Emergency Management Preparedness Goal.

I have over 39 years of extensive experience in the field of Emergency Management preparedness, response, and recovery. My focus regarding emergency preparedness consists of:

1. Develop Emergency Operations Plans (EOP) that are understandable and usable based on current State mandates and best practices.

2. Engage Stake Holders and End Users in the Planning Process.

3. Provide relevant training that will enhance overall emergency disaster preparedness and response.

4. Apply skills through Table-Top and Practical Functional-Scale Exercises.

5. Evaluate response efforts and identify any future opportunities for development.

I look forward to working with you and the City of Kerman on your emergency management preparedness and readiness efforts.

Sincerely,
Michael Brady June 3, 2023
Sole Proprietor, Michael Brady Emergency Management
Michaelbadyem.com
77 Section 5, Item H.

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Scope of Work/Services............................................................................................................ 3-4 Cost Proposal ................................................................................................................................ 5 Resume .......................................................................................................................................... 6 Recent Projects (2018-Current) ................................................................................................ 10 78 Section 5, Item H.

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Scope of Work/Services
Michael Brady, Emergency Management Consulting, intends to provide the following basic scope of services:

Phase 1 – Emergency Operations Plan (EOP) Development:
 Based on current State standards, develop and update the City of Kerman Emergency Operations Plan (EOP)
 Work consists of:
 Develop a draft EOP based on current City of Kerman Hazards, Demographics, Existing Plans and City Organization/Structures
 Hold onsite Stakeholder workshop to review draft plan and develop input.

Participants may include:
 City Personnel
 North Central Fire District
 Assisted Living Centers
 Kerman Unified School District
 Day Disabled Training Center
 Medical/Health Facilities
 Business Leaders
 Volunteer Organizations
 Community Based Organizations
 Cultural Leaders
 Access and Functional Needs Advocates
 Others as identified
 Update Plan based on feedback
 Present final plan to Stakeholders for review
 Revise as needed
 Submit to City Council for Approval and Adoption
 Services to include the digital linkage of plan to other City of Kerman Plans: i.e.

General Plan/Safety Element
 Digital file presented to the City of Kerman
Phase 2 – Emergency Operations Plan (EOP) Orientation and Table-Top Exercise:
 Develop and conduct a 2-4 hour Orientation Presentation and Training on the Updated Emergency Operations Plan
 Develop and conduct a 2-4 hour Homeland Security Exercise Evaluation Program (HSEEP) Table-Top Exercise focusing on:
 Elements of the EOP
 Hazard and Risk Analysis
 Roles and Responsibilities
 Alert and Warning
 Situation Analysis and Common Operating Picture
79 Section 5, Item H.

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 Resource Management
 Public Information Officer
 Conduct a Hot Wash and Improvement Plan (IP)
 Work consists of:
 Development of an EOP Presentation.
 Develop HSEEP Table-Top Exercise
 Print material for 50 participants.
 Include allied agencies as appropriate
 Conduct the Training and Exercise (up to 6 hours).
 Facilitate a Hot Wash
 Develop a Survey Instrument to collect After Action Report Data  Analyze data and develop an After-Action Report and Improvement Plan  Present the AAR/IP to HHS Management for Future Action  Consultant requests the City to provide:
 Participants
 Provide facility For the Training and Exercise.
 Copies of the EOP
 Provide Snacks – if appropriate
Phase 3 – Emergency Operations Center (EOC) Section Position Training and Table-Top Exercise:
 Develop and conduct a 4 hour EOC Section and Position Training Course for EOC members
 Develop and conduct a 3-hour Homeland Security Exercise Evaluation Program (HSEEP) Functional Exercise focusing on:
 EOC Processes and Procedures
 EOC Forms
 Roles and Responsibilities
 Alert and Warning
 Situation Analysis and Common Operating Picture
 Resource Management
 Public Information Officer
 Conduct an After-Action Report and Improvement Plan
In summary:

I have all the resources, tools, and knowledge to support the City of Kerman disaster preparedness efforts to ensure the plan development, exercises and training will enhance your preparedness and readiness goals.
80 Section 5, Item H.

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Cost Proposal
Tasks Start date -estimate Cost
Phase 1
Emergency Operations
Plan (EOP) Development
July 1, 2023 $20,000
Phase 2
Emergency Operations
Plan (EOP) Orientation and
Table-Top Exercise:

October 1, 2023 $9,000
Phase 3
Emergency Operations
Center (EOC) Section
Position Training and TableTop Exercise:

December 1, 2023 $8,000
81 Section 5, Item H.

Page | 6
Resume
Michael Brady
Career Background
Over the last 40 years, I have been involved and managed all elements of the Emergency Management profession. What started off as a Red Cross volunteer supporting disaster operations ended up as a full-time career supporting emergency response/management prevention, planning, mitigation, response, and recovery in California. Even though my emphasis was on professional training, I have an extensive background in operations/response, exercises, and plan development. My philosophy has always and continues to be to promote the level of readiness to reduce the impact of lives, property, and environment during disasters/emergencies.

Significant
Accomplishments
 Directed, Managed, and Developed an Instructor Certification Program including curriculum developed which resulted in the certification of over 400,000 emergency responders throughout the California, United States, and other Countries
 Developed, Delivered, and Evaluated over 40 Disaster
Response/Management Course Curriculum in the field of Emergency Management including the phases of Emergency Management – Mitigation, Preparedness, Response, and Recovery
 Developed and Managed the State of California EOC Position Credentialing Program and Emergency Manager Professional Development/Certification Program
 Developed and Delivered Course Material throughout the United States and a number of other countries
 Responded to over 40 Disaster Operations throughout California and United States
Professional Experience
Michael Brady,
Consultant - Sole
Proprietor
2018 to Current [Michael Brady Emergency Management Consulting] Consultant services in the field of Emergency Management: Training, Exercises, Planning, Response, Mitigation and Recovery
Clients Include:
• Disaster Management Area C, D, E – LA County OEM
• Cal State Bakersfield
• City of Berkeley
• County of Tulare
• County of Solano
• Orange County Health Care Agency
• Yolo, Solano, Contra Costa, San Joaquin, Sacramento County OES • Cal OES – CSTI (Various EM Courses)
Cell: (805) 215-4009
E-mail: [email protected]
Address: 891 Stagecoach Rd, Arroyo Grande, CA 93420
82 Section 5, Item H.

Page | 7
Contract Work Included:
• Emergency Operations Plan (EOP) Development
• Emergency Operations Plan (EOP) Template and Checklist • Discussion and Operations Based HSEEP Exercises
• Functional/Full-Scale HSEEP Delta Flood Exercise
• Manage and implement the LA County CADRE Training Program • EOC Section Position Development and Training
• Development of After-Action Reports (AAR)
• EOC Concept, Structure, Process & Position Training and Exercises • Emergency Management Mitigation, Planning, & Recovery Training Senior
Emergency
Management,
Chief of
Emergency
Management
Program
2014 to 2018 [Governor's Office of Emergency Services/Cal OES California Specialized Training Institute]
 Program oversight of Emergency Management Professional Certification  Program oversight of the EOC Section Position Credentialing  Curriculum quality assurance and audits -
 Grant Management (EMPG/HMEP/SHGP)
 Program responsibility for the Emergency Management /Hazardous Materials Outreach Training
 Curriculum research, update, and delivery EOC Operations, Planning, Mitigation, Disaster Recovery and Sustained Operations
 Chair of the Standardized Emergency Management System (SEMS) Training, Exercise and Credentialing Committee, State of Ca. equivalency to the National Incident Management System (NIMS)
 State and Regional Emergency Operations Center Response and Operations and Joint Field Office (JFO)
Emergency
Management
Coordinator
Instructor II
2005 to 2014 [Governor's Office of Emergency Services/Cal OES California Specialized Training Institute]
 Chair and Program Management of the Cal OES Emergency Management/Responder Credentialing Program – Serve on the NIMS Credentialing Guidance Committee.
 Course Development, Management, and Instruction of the Emergency Medical Services Authority: Medical Operations Center Support Activities (MOCSA) and Mission Support Team (MST) training.
 Course Development, Management, and Instruction of the Enhanced Exercise Design Conduct and Evaluation Course (EEDCE).
 Design, Developed and Conduct multiple venue/operational period FullScale Exercises (Terrorism/Emergency Management).  Design, Develop, and Conduct Functional and Discussion Based Exercises (including EOC Exercises).
 Course Development, Management, and Instruction of the Access and Functional Needs (Special Populations) curriculum.
 Course Development, Management, and Instruction of the Schools Emergency Planning and Response curriculum.
 Provide SEMS Approved Course of Instruction review and course offering.  Offer the ICS 100-400 Training.
83 Section 5, Item H.

Page | 8
 Development and Course Offering of the Cal OES Regional Emergency Operations Center training.
 Management of the Hazardous Materials Emergency Response Instructor Certification Program.
 Reviewed and provide feedback regarding the State Emergency Plan and 5-year Strategic Plan.
 Provide training in all facets of Emergency Management (Planning/Sustained Operations/EOC Positions/Recovery/Response), Terrorism, and Hazardous Materials course content.
 Submitted multiple curriculums for Homeland Security (Grants and Training) Review and Approval.
 Oversee Emergency Management Performance Grant (EMPG)/State Homeland Security Grant Program (SHSGP) funding specific to program responsibility.
 Oversee the development of contracts and budgets related to program/project responsibilities
 SOC/REOC/JFO Response and Operations
Senior
Emergency
Management
Coordinator
Instructor, Chief of
the Hazardous
Materials Section
1989 to 2005 [Governor's Office of Emergency Services/Cal OES California Specialized Training Institute]
California Specialized Training Institute
 Manage a 1.3 million dollar budget, including multiple federal funds Including DOT HMEP, FEMA, EMPG, SHSGP.
 Received Homeland Security Approval for over 20 Courses.  Supervise a staff of 13 instructors and administration personnel  Develop Section Budgets, Workplans, and Contracts.
 Oversaw the development of a Haz Mat Specialists Hands-on Training Venue.
 Manage the State of California hazardous materials and terrorism training program which:
 Certified over 1,500 Outreach Instructors
 Certified over 300,000 responders
 Certified 24,000 responders annually
 Oversee the development and implementation of over 40 Terrorism & Haz Mat training, exercises, and planning courses.
 Terrorism & Emergency Mgt Contingency plan development.  Participated in every major disaster in California at the State Operations Center (SOC) and Regional Emergency Operations Center (REOC) as EOC Director or General Staff Chief Positions.
 Provide training in all facets of emergency management, terrorism, and hazardous materials courses
 Developed Curriculum for FEMA, EMI
 State and Regional Emergency Operations Center Response and Operations
Senior
Emergency
1985 to 1989 [Governor's Office of Emergency Services/Cal OES California Specialized Training Institute]
84 Section 5, Item H.

Page | 9
Management
Coordinator
Instructor
 Developed, coordinated, and taught in over 100 Emergency Management Courses and Exercises
 Management and Course Offering of the FEMA Professional Development Series: Planning, EOC, Emergency Mgt.
 Development, Management and Course Offering of Disaster Recovery Course.
 State Training/Exercise Officer
 Emergency contingency plan development
 Administrative lead over the Institutes fiscal budgets, procurement, and personnel
 SOC/REOC Response and Operations
 Lead over computer applications for CSTI
Disaster Volunteer
1980 to 1985 [American Red Cross]
 Responded to over 20 disaster operations
 Developed the Youth Disaster Action Team Program
 Featured presenter at the Disaster Institute
Education
 Master of Business Administration (Mgt Information System) – 1985, Cal Poly San Luis Obispo  Bachelor of Science – (Political Science) – 1984, Cal Poly San Luis Obispo Special Awards/Certificates
 William J Patterson Haz Mat Lifetime Achievement Award -2007 Haz Mat Continuing Challenge Conference
 California Emergency Management Agency – Emergency Management Specialists Certificate  California National Guard Recognition of Excellence Award  California Emergency Services Association (CESA) Senator Petris Award 85 Section 5, Item H.

Page | 10
Recent Projects (2018-Current)
 Designed, Facilitated and Developed the Orange County Health Care Agency (OCHCA) COVID-19 After Action Report (AAR) Process and Final Report  Manage and Implemented the EOC Training CADRE Project 2018-2022 for Los Angeles County Operational Area (over 80 Emergency Management Courses and Exercises)
 Development of a best practice Emergency Operations Plan (EOP) Assessment Tool (which included the Cal OES Emergency Plan Review 2020 Crosswalk and Proposed FEMA Comprehensive Preparedness Guide 101 (CPG 101) revised document), EOP Reference Document, and EOP Template for the LA County Area C, D, E Disaster Area Mgt Partnership. This project was awarded at the Ca.

Emergency Services Association (CESA) Southern Conference Silver Award for Excellence.
 Development of 40 EOC Position Checklist for the Orange County Medical and Health Agency Operations Plan based on the After-Action Report  Emergency Management Training/Exercise programs/courses for LA County DMAC CADRE Program, Cal State Bakersfield, City of Berkeley, Orange County Health Care Agency, Tulare County OES, San Mateo County OES, Yolo County OES, San Joaquin OES, Sacramento OES, Solano County OES, Contra Costa OES and the Governor's Office of Emergency Services California Specialized Training Institute (CSTI)
 Review and Update of the Sacramento County Emergency Operations Plan  Development of COVID 19 Pandemic Procedures for Orange County Health Care Agency based on the findings of the COVID-19 AAR (current)  Development and Conduct of Delta Flood Exercises which included 5 Orientation Exercises and 1 Full Scale Exercise (Aug 2023). Players consisted of 5 Counties (Yolo, Contra Costa, Solano, Sacramento, San Joaquin), 80 Reclamation Districts, State/Federal Partners, and Engineering Companies.

Over my tenure working in the field of Emergency Management I have worked closely with many governmental entities (Local, County, State, Special Districts, Federal, private, non-profits and volunteer organizations). As Project Manager, I will oversee the management of the project and participate in each of the steps necessary to develop and conduct the exercises. I will bring other consultants into the project as needed.

Some of My Recent Clients:

1. Mary Young
Orange County Health Care Agency
Strategic Program Manager
Office of Strategy and Development, Public Health Services [email protected]
(714) 834-8025
Pandemic Reference Guide
86 Section 5, Item H.

Page | 11
Type of Work: Strategic Planning

2. Dr. Gagandeep Grewal
Orange County Health Care Agency
[email protected]
(657) 219-4865
OCHCA AAR/IP Development COVID Response Agency Operations Center (AOC)
Type of Work: Assessment and Improvement

3. Mr. David Ashman
Disaster Mgt Area Coord E
[email protected]
(562) 505-6443
2019, 2020, 2021 CADRE Training and Exercise Program
Type of Work: Staff Development, Capability Building

4. Ms. Diana Manzano-Garcia
Disaster Mgt Area Coord D
[email protected]
(626) 201-0919
2021 EOP Template Development and Table-Top Exercises
Type of Work: Planning, Staff Development, Capability Building

5. Ms. Robyn Rains
Solano County OES
[email protected]
(707) 372-8076
Solano County Training/Exercises
Type of Work: Staff Development, Capability Building

6. Matthew Hawkins
Sacramento County OES
[email protected]
(916) 293-2769
Sacramento County EOP Update and Exercise
Type of Work: Planning, Staff Development, Capability Building

7. Kurt Johnson
Yolo County OES
[email protected]
Delta Flood Exercise
Type of Work: Exercise Development, Conduct, and Evaluation AAR/IP 87 Section 5, Item H.

STAFF REPORT
MEETING DATE: December 13, 2023
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Public Hearing for Proposed Increase in Water, Wastewater (Sewer) and Storm Drain Rates (JA)
RECOMMENDATION: Staff recommends:

1. Council open and conduct the Proposition 218 public hearing to receive staff report and written protests, objections, and public comments; and

2. Close the public hearing;

3. Direct the City Clerk to report on the number of written protests received; and If a majority protest does not exist for the proposed water, sewer and storm drain increases, adopt resolution approving increases to water and sewer rates which will become effective February 1, 2024, directing a property owner election and ballot process for the proposed stom drain fee and ratifying the Proposition 218 process.

EXECUTIVE SUMMARY:

Council approved the Final Water, Sewer and Storm Drain report prepared by Lechowicz and Tseng (the Water, Sewer and Storm Drain consultants) on October 25, 2023. Staff mailed out Public Hearing Notices to all customers (tenants and property owners) on October 27, 2023, meeting the Proposition 218 forty-five (45) day requirement. On the October 25th meeting, Council also approved that the Public Hearing date to be set for December 13, 2023.

Staff held an informational meeting on November 30, 2023 at the Community Center from 6pm-8pm to provide all customers with a presentation explaining why rates needed to be increased and answer any questions the public may have. Both Spanish and Punjabi translations were provided. There was about 20 residents in attendance and the information meeting was a success.

This public hearing is the next step in the Proposition 218 process.

Water and Sewer Rates.

If there is no majority protest for the proposed water and sewer rates, the City Council may proceed to adopt the resolution adopting water and sewer rates which would become effective February 1, 2024. At the time of this staff report, the City Clerk and Finance Director only received one letter expressing concerns regarding the increase. 88 Section 6, Item A.

Storm Drain Rates.

Unlike the process for water and sewer, if there is not a majority protest, then the City must conduct an election of either the affected property owners/customers or the electorate residing in the affected area. The election shall be conducted not less than 45 days after the majority protest public hearing. Storm drain rates would be effective after the election.

The proposed water, sewer and storm drain Rates are as follows:

Proposed Monthly Water Rates
City of Kerman
Utility Rate Study
Proposed Proposition 218
February 1, 2024 January 1, 2025 January 1, 2026
Meter
Size Current
Base
Fee
Meter
Fee
Total
Fee
Base
Fee
Meter
Fee Total Fee Base Fee
Meter
Fee Total Fee
3/4" $28.67 $29.29 $6.50 $35.79 $30.17 $6.50 $36.67 $31.08 $6.50 $37.58 1" $43.81 $44.80 $7.15 $51.95 $46.14 $7.15 $53.29 $47.52 $7.15 $54.67

1.5" $81.65 $83.56 $8.45 $92.01 $86.07 $8.45 $94.52 $88.65 $8.45 $97.10 2" $127.07 $130.08 $9.75 $139.83 $133.98 $9.75 $143.73 $138.00 $9.75 $147.75 3" $248.18 $254.14 $13.00 $267.14 $261.76 $13.00 $274.76 $269.61 $13.00 $282.61 4" $384.43 $393.70 $16.25 $409.95 $405.51 $16.25 $421.76 $417.68 $16.25 $433.93 6" $762.91 $781.36 $19.50 $800.86 $804.80 $19.50 $824.30 $828.94 $19.50 $848.44 Volume Rate
$1.27 $1.33 $1.37 $1.41
($/1,000 gallons)
DROUGHT RATES - Volume Rate
($/1,000 gallons)
10% Water Cutback $1.39 $1.43 $1.47
25% Water Cutback $1.51 $1.55 $1.60
40% Water Cutback $1.68 $1.73 $1.79
Proposed Proposition 218
January 1, 2027 January 1, 2028
Meter
Size
Base
Fee
Meter
Fee
Total
Fee
Base
Fee
Meter
Fee Total Fee
3/4" $32.01 $6.50 $38.51 $32.97 $6.50 $39.47
1" $48.95 $7.15 $56.10 $50.42 $7.15 $57.57

1.5" $91.31 $8.45 $99.76 $94.05 $8.45 $102.50
2" $142.14 $9.75 $151.89 $146.40 $9.75 $156.15
3" $277.70 $13.00 $290.70 $286.03 $13.00 $299.03
4" $430.21 $16.25 $446.46 $443.12 $16.25 $459.37
6" $853.81 $19.50 $873.31 $879.42 $19.50 $898.92
Volume Rate $1.45 $1.49
($/1,000 gallons)
DROUGHT RATES - Volume Rate
($/1,000 gallons)
10% Water Cutback $1.52 $1.56
25% Water Cutback $1.65 $1.70
40% Water Cutback $1.84 $1.89
89 Section 6, Item A.

Current and Proposed Sewer Rates
City of Kerman
Utility Rate Study
Current
Rates
Proposed
Fixed Charges ($/mo) 1-Feb-24 1-Jan-25 1-Jan-26 1-Jan-27 1-Jan-28 Residential
Base $15.53 $15.79 $17.05 $18.41 $19.88 $21.47
Flow $19.12 $20.72 $22.38 $24.17 $26.10 $28.19
Total $34.65 $36.51 $39.43 $42.58 $45.98 $49.66
Multi-Family Unit
Base $15.53 $15.79 $17.05 $18.41 $19.88 $21.47
Flow $10.75 $15.54 $16.78 $18.12 $19.57 $21.14
Total $26.28 $31.33 $33.83 $36.53 $39.45 $42.61
Commercial (Base) $15.53 $15.79 $17.05 $18.41 $19.88 $21.47 Commercial Volume
Rates ($/1,000 gal)
Low Strength $2.39 $2.59 $2.80 $3.02 $3.26 $3.52
Medium Strength $2.75 $2.98 $3.22 $3.48 $3.76 $4.06
High Strength $3.18 $3.44 $3.72 $4.02 $4.34 $4.69
Proposed Monthly Storm Drain Rates
City of Kerman
Utility Rate Study
Customer Class
Proposed
Current 1-Apr-24 1-Jan-25 1-Jan-26 1-Jan-27 1-Jan-28
Single Family per account $1.60 per account $1.42 $1.46 $1.50 $1.55 $1.60 Multi-Family per account $1.60 per acre $10.36 $10.67 $10.99 $11.32 $11.66 Commercial per account $1.60 per acre $11.85 $12.21 $12.58 $12.96 $13.35 Industrial per account $1.60 per acre $13.33 $13.73 $14.14 $14.56 $15.00 Church per account $1.60 per acre $7.40 $7.62 $7.85 $8.09 $8.33 Schools per account $1.60 per acre $4.44 $4.57 $4.71 $4.85 $5.00 Parks per account $1.60 per acre $1.48 $1.52 $1.57 $1.62 $1.67 FISCAL IMPACT:

The proposed fees, if adopted, would generate an increase to all three funds to help maintain all infrastructure, operations and maintenance, new and ongoing capital projects, debt obligations and help maintain a healthy reserve balance for emergencies.

ATTACHMENTS:

A. Resolution Adopting Water and Sewer Rate Increases, Commencing February 1, 2024, Authorizing a Storm Drain Election and Ballot Process for the Storm Drain Rates and Ratifying Proposition 218 Process w/Exhibit
90 Section 6, Item A.

Attachment ‘A’
RESOLUTION NO. 23-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN FINDING NO MAJORITY PROTESTS FOR WATER, SEWER, AND STORM DRAIN RATES; ADOPTING WATER AND SEWER RATE INCREASES COMMENCING FEBRUARY 1, 2024, AUTHORIZING A STORM DRAIN

ELECTION AND BALLOT PROCESS FOR THE STORM DRAIN RATES AND RATIFYING PROPOSITION 218 PROCESS
WHEREAS, the City of Kerman (“City”) operates municipal water, sewer, and storm drain utilities providing service to residential, commercial and industrial customers; and WHEREAS, City Staff and the City Council have analyzed the revenue and expenditure requirements for all of the City Enterprise Funds to determine the appropriate rate changes needed to meet these requirements; and
WHEREAS, water and sewer rates are proposed as listed in the Water, Sewer and Storm Drain Rate Study Final Report as Exhibit ‘A’ which was approved by the Council on October 25, 2023; and
WHEREAS, City staff prepared and mailed a notice of public hearing to all property owners and tenants served by the City, as required by Proposition 218 (Cal. Const. Art. XIIID, 6); and WHEREAS, the notice of public hearing instructed tenants and property owners on how and where to protest the proposed increase in water, sewer and storm drain service rates and the notice was developed in accordance with Proposition 218; and WHEREAS, the notice of public hearing on the proposed increase of rates was published in the local newspaper and in a separate mailing to all Kerman utilities’ customers and property owners, with the newspaper publication and the separate mailing occurring at least 45 days prior to the public hearing; and
WHEREAS, the adoption of the proposed rate increases for water and sewer is exempt from California Environmental Quality Act (CEQA) under the California Public Resources Code Section 21080(b)(8); and
WHEREAS, the Council held a public hearing on December 13, 2023 and considered all a staff report, testimony, and protests regarding the increased utility rates; and WHEREAS, at the public hearing the City did not receive written or verbal protests from a majority of the identified customers that would be subject to the proposed rates; WHEREAS, the Council desires to proceed with the adoption of the new water and sewer rates; and
91 Section 6, Item A.

WHEREAS, the Council desires to initiate the ballot and election process for storm drain rates.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Kerman that based upon the foregoing recitals and information and testimony presented at the hearing of December 13, 2023, including attachments to the Report to the Council, the Council hereby resolves as follows:

Section 1. The above recitals are true and correct and are incorporated by reference.

Section 2. Finds that insufficient written protests were presented to prevent the proposed increased rates to water and sewer from being adopted; and Section 3. Finds that insufficient written protests were presented and thereby directs that an election and ballot process be initiated for storm drain rates; Section 4. Finds the adoption of the proposed utility services charges is exempts from CEQA under the California Public Resources Code 2010(b)(8); and Section 5. Ratifies the Proposition 218 process followed by the City; and Section 6. Adopts rates for water and sewer as listed in Exhibit ‘A’ attached hereto and incorporated by reference herein. The water and sewer rates shall become effective February 1, 2024. Rates for each subsequent year shall become effective on January 1st of each year thereafter.

Section 6. Initiates the Storm Drain Election and Ballot Process.

Section 7. All resolutions in conflict with this resolution are repealed.

Section 8. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Resolution. The Council declares that it would have adopted the Resolution and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact than any one or more sections, subsections, sentences, clauses, phrases, or portions is declared invalid or unconstitutional.

Section 9. This resolution shall become effective upon adoption. 92 Section 6, Item A.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
_______________________
Maria Pacheco
Mayor
ATTEST:
___________________
Josie Camacho
Interim City Clerk
93 Section 6, Item A.

CITY OF KERMAN
Water, Wastewater, and Storm
Drain Rate Study

FINAL REPORT
October 25, 2023
909 Marina Village Parkway #135
Alameda, CA 94501
(510) 545-3182
www.LTmuniconsultants.com
Exhibit 'A'
94 Section 6, Item A.
95 Section 6, Item A.

City of Kerman
Water, Wastewater, and Storm Drain Rate Study 2023

TABLE OF CONTENTS
SECTION 1: INTRODUCTION AND EXECUTIVE SUMMARY ................................................................. 1

1.1 Background ............................................................................................................................... 1

1.2 Requirements of Proposition 218 ............................................................................................. 1

1.3 Rate Study Process .................................................................................................................... 3

1.4 Proposed Rates ......................................................................................................................... 4 SECTION 2: CURRENT RATES AND CUSTOMER BASE ......................................................................... 9

2.1 Current Water Rates and Usage Statistics ................................................................................ 9

2.2 Current Wastewater Rates ...................................................................................................... 10

2.3 Current Storm Drain Rates ...................................................................................................... 11 SECTION 3: WATER REVENUE REQUIREMENT ................................................................................. 12

3.1 Cost of Service ......................................................................................................................... 12

3.2 Cash Flow ................................................................................................................................ 12 SECTION 4: WATER COST ALLOCATION & RATE DESIGN ................................................................. 14

4.1 Background ............................................................................................................................. 14

4.2 Meter Equivalents ................................................................................................................... 15

4.3 Unit Cost Calculation ............................................................................................................... 16

4.4 Meter Fee Calculation ............................................................................................................. 17

4.5 Proposed Water Rates ............................................................................................................ 17

4.6 Drought Rates ......................................................................................................................... 19

4.7 Bill Impacts .............................................................................................................................. 20 SECTION 5: WASTEWATER REVENUE REQUIREMENT ..................................................................... 22

5.1 Cost of Service ......................................................................................................................... 22

5.2 Cash Flow ................................................................................................................................ 22 SECTION 6: WASTEWATER COST ALLOCATION & RATE DESIGN ...................................................... 25

6.1 Cost Allocation ........................................................................................................................ 25

6.2 Flow Analysis ........................................................................................................................... 26

6.3 Unit Cost Calculation ............................................................................................................... 27

6.4 Proposed Wastewater Rates and Bill Impacts ........................................................................ 28 SECTION 7: STORM DRAIN REVENUE REQUIREMENT ...................................................................... 31

7.1 Current Storm Drain Rates ...................................................................................................... 31

7.2 Cost of Service and Cash Flow................................................................................................. 31 SECTION 8: STORM DRAIN COST ALLOCATION AND RATE DESIGN ................................................. 33

8.1 Storm Drain Cost Allocation .................................................................................................... 33

8.2 Proposed Storm Drain Rates and Bill Impacts ........................................................................ 36 SECTION 9: CONCLUSIONS AND RECOMMENDATIONS ................................................................... 38

9.1 Rate Study Conclusions ........................................................................................................... 38

9.2 Rate Impacts ........................................................................................................................... 38 96 Section 6, Item A.

City of Kerman Page 1
Water, Wastewater, and Storm Drain Rate Study 2023
SECTION 1: INTRODUCTION AND EXECUTIVE SUMMARY

1.1 Background
The City of Kerman (City) provides water and wastewater service to about 3,900 customers. The City’s sole source of water supply is groundwater with some surface water purchased from the Fresno Irrigation District for recharge. The City owns and operates a local wastewater plant to treat and dispose of customer discharge. Kerman last conducted an in-depth water and sewer rate study in 2018. Rate updates are needed for the water and sewer utilities to maintain balanced budgets and fund infrastructure improvements. In particular, the sewer utility has spent down its reserves in recent years to fund deferred maintenance of the wastewater treatment plant. Sewer rate increases are needed to keep up with inflationary operating cost increases, maintain strong debt coverage, and build-up reserves over the next five years. This rate study also includes an analysis of storm drain rates which were not included in the 2018 rate study. The Storm Drain Enterprise Fund is currently operating at a deficit and must increase rates to meet the cost of providing service.

1.2 Requirements of Proposition 218
Proposition 218, the “Right to Vote on Taxes Act”, was approved by California voters in November 1996 and is codified as Articles XIIIC and XIIID of the California Constitution. Proposition 218 establishes requirements for imposing any new or increasing any existing property-related fees and charges. For many years, there was no legal consensus on whether water and sewer service fees met the definition of “property-related fees.” In July 2007, the California Supreme Court essentially confirmed that Proposition 218 applies to water and wastewater service fees.

1.2.1 Water and Sewer Rate Adjustments
The City must follow the procedural requirements of Proposition 218 for water and sewer rate increases. These requirements include:

1. Noticing Requirement – The City must mail a notice of the proposed rate increases to all affected property owners or utility customers (ratepayers). The notice must specify the amount of the fee, the basis upon which it was calculated, the reason for the fee, and the date/time/location of a public rate hearing at which the proposed rates will be considered/adopted.

2. Public Hearing – The City must hold a public hearing prior to adopting the proposed rate increases. The public hearing must be held not less than 45 days after the required notices are mailed.

3. Rate Increases Subject to Majority Protest - At the public hearing, the proposed rate increases are subject to majority protest. If more than 50% of affected property owners or customers submit written protests against the proposed rate increases, the increases cannot be adopted. 97 Section 6, Item A.

City of Kerman Page 2
Water, Wastewater, and Storm Drain Rate Study 2023
Proposition 218 also established substantive requirements that apply to water and sewer rates and charges, including:

1. Cost of Service - Revenues derived from the fee or charge cannot exceed the funds required to provide the service. In essence, fees cannot exceed the “cost of service”.

2. Intended Purpose - Revenues derived from the fee or charge can only be used for the purpose for which the fee was imposed.

3. Proportional Cost Recovery - The amount of the fee or charge levied on any customer shall not exceed the proportional cost of service attributable to that customer.

4. Availability of Service - No fee or charge may be imposed for a service unless that service is used by, or immediately available to, the owner of the property.

5. General Government Services - No fee or charge may be imposed for general governmental services where the service is available to the public at large.

Charges for water and sewer collection are exempt from additional voting requirements of Proposition 218, provided the charges do not exceed the cost of providing service and are adopted pursuant to procedural requirements of Proposition 218.

1.2.2 Storm Drain Rate Adjustments
Storm drain rates are also property-related fees subject to the substantive requirements listed above.

However, storm drain rates are subject to the following procedural requirements:

1. Noticing Requirement - The City must mail a notice of the proposed rate increases to all affected property owners or customers. The notice must specify the amount of the fee, the basis upon which it was calculated, the reason for the fee, and the date/time/location of a public rate hearing at which the proposed rates will be considered/adopted.

2. Public hearing - The City must hold a public hearing prior to adopting the proposed rate increases. The public hearing must be held not less than 45 days after the required notices are mailed.

3. Election - Unlike the process for water and sewer, if there is not a majority protest, then the City must conduct an election of either the affected property owners/customers or the electorate residing in the affected area. The election shall be conducted not less than 45 days after the majority protest public hearing.

4. Tabulation - Tabulate ballots and certify the outcome of the election. Each parcel subject to the fee has one vote. No weighted ballot process is required for the adoption of property-related fees such as storm drain service fees. 50% majority approval of received ballots is required to adopt the fee.
98 Section 6, Item A.

City of Kerman Page 3
Water, Wastewater, and Storm Drain Rate Study 2023

1.3 Rate Study Process
This section details the development of the City’s utility rates via the Proposition 218 process as shown in the following figure.

Figure 1: Comprehensive Cost of Service Study Process
The following is a brief description of the rate study process:
 Revenue Requirements - Revenue requirements are analyzed via financial plans developed from utility budgets. Based on the best information currently available, the financial plans incorporate projected operation and maintenance costs, capital expenditures, debt service, and growth to estimate annual revenue requirements. The plans serve as a roadmap for funding the City’s future operating and capital programs while maintaining long-term fiscal stability.  Cost of Service Allocation - The cost of service process builds on the financial plan analysis and assigns costs to functional cost components.
 Rate Design - Rate design involves developing a rate structure that proportionately recovers costs from customers. Final rate recommendations are designed to (a) fund the utilities’ short99 Section 6, Item A.

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Water, Wastewater, and Storm Drain Rate Study 2023
and long-term costs of providing service; (b) proportionately allocate costs to all customers and customer classes; and (c) comply with the substantive requirements of Proposition 218.

1.4 Proposed Rates
The findings and recommendations presented in this report were developed with substantial input from staff and City Council. The proposed water, wastewater, and storm drain rates are provided in Table 1, Table 2, and Table 3 respectively. The first rate changes are proposed to go into effect February 1, 2024, for water and sewer, and April 1, 2024, for storm drain service. It is proposed that rate changes for subsequent years for all three utilities go into effect each January 1 through 2028.

1.4.1 Proposed Water Rates
For water service, the City charges a fixed meter fee based on the size of the meter plus a volume rate billed to each 1,000 gallons of water used. It is proposed that the current meter fee and volume rate be increased to keep up with inflationary cost increases. The proposed water rates also include a schedule of drought rates, which would only be implemented during a water shortage emergency as declared by City Council or the Governor. The City does not currently have a schedule of drought rates. Under drought conditions, the meter charges would remain the same, but the consumption rate would increase according to the level of water cutback. Drought rates are intended to make the City financially whole, cover costs, and avoid a loss of revenues due to lower water sales.

It is also proposed that the City increase the current water meter replacement fee of $0.50 per month per customer. The cost of meter replacement ranges from a few hundred dollars to thousands based on meter size and the City intends to accumulate funds over time to cover these costs. It is proposed that the 3/4” meter replacement fee be set at $6.50 per month and the replacement fee for larger meters be scaled up, see Table 1.

1.4.2 Proposed Sewer Rates
For wastewater service, the City bills residential customers a fixed monthly charge which encompasses customer service, capacity, and flow related costs. Commercial customers are charged a fixed base fee plus volume rates based on wastewater pollutant strength. No rate structure changes are proposed for the wastewater rates. The single family residential bill is proposed to increase from $34.65 to $36.51 per month on February 1, 2024, see Table 2.

1.4.3 Proposed Storm Drain Rates
Storm drain rates are currently billed as a fixed charge of $1.60 per month for residential customers and a volume rate of $0.0736 per 1,000 gallon of metered water use (if over the $1.60 minimum) for nonresidential customers. It is recommended that the City bill for storm services based on land use type and parcel size as these factors are more indicative of each customer's impact on the storm drain system, see Table 3. It is proposed that all single family residential customers be charged the cost of service of an average residential parcel based on 0.19 acres.
100
Section 6, Item A.

City of Kerman Page 5
Water, Wastewater, and Storm Drain Rate Study 2023
Table 1: Current and Proposed Monthly Water Rates
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Proposed Proposition 218
February 1, 2024 January 1, 2025 January 1, 2026
Meter
Size
Current
*
Base
Fee
Meter
Fee
Total
Fee
Base
Fee
Meter
Fee
Total
Fee
Base
Fee
Meter
Fee
Total
Fee
3/4" $28.67 $29.29 $6.50 $35.79 $30.17 $6.50 $36.67 $31.08 $6.50 $37.58 1" $43.81 $44.80 $7.15 $51.95 $46.14 $7.15 $53.29 $47.52 $7.15 $54.67

1.5" $81.65 $83.56 $8.45 $92.01 $86.07 $8.45 $94.52 $88.65 $8.45 $97.10 2" $127.07 $130.08 $9.75 $139.83 $133.98 $9.75 $143.73 $138.00 $9.75 $147.75 3" $248.18 $254.14 $13.00 $267.14 $261.76 $13.00 $274.76 $269.61 $13.00 $282.61 4" $384.43 $393.70 $16.25 $409.95 $405.51 $16.25 $421.76 $417.68 $16.25 $433.93 6" $762.91 $781.36 $19.50 $800.86 $804.80 $19.50 $824.30 $828.94 $19.50 $848.44

Volume
Rate $1.27 $1.33 $1.37 $1.41
($/1,000 gallons)

DROUGHT RATES - Volume Rate
($/1,000 gallons)

10% Water Cutback $1.39 $1.43 $1.47
25% Water Cutback $1.51 $1.55 $1.60
40% Water Cutback $1.68 $1.73 $1.79
Proposed Proposition 218
January 1, 2027 January 1, 2028
* includes $0.50 meter
replacement fee
“Meter fee” – proposed
meter replacement fee
Meter
Size
Base
Fee
Meter
Fee
Total
Fee
Base
Fee
Meter
Fee
Total
Fee
3/4" $32.01 $6.50 $38.51 $32.97 $6.50 $39.47
1" $48.95 $7.15 $56.10 $50.42 $7.15 $57.57

1.5" $91.31 $8.45 $99.76 $94.05 $8.45 $102.50
2" $142.14 $9.75 $151.89 $146.40 $9.75 $156.15
3" $277.70 $13.00 $290.70 $286.03 $13.00 $299.03
4" $430.21 $16.25 $446.46 $443.12 $16.25 $459.37
6" $853.81 $19.50 $873.31 $879.42 $19.50 $898.92

Volume Rate $1.45 $1.49
($/1,000 gallons)
DROUGHT RATES - Volume Rate
($/1,000 gallons)
10% Water Cutback $1.52 $1.56
25% Water Cutback $1.65 $1.70
40% Water Cutback $1.84 $1.89
101
Section 6, Item A.

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Table 2: Current and Proposed Monthly Wastewater Rates
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Proposed Proposition 218
Fixed Charges
($/mo) Current
February 1,
2024
January 1,
2025
January 1,
2026
January 1,
2027
January 1,
2028
Residential
Base $15.53 $15.79 $17.05 $18.41 $19.88 $21.47
Flow $19.12 $20.72 $22.38 $24.17 $26.10 $28.19
Total $34.65 $36.51 $39.43 $42.58 $45.98 $49.66
Multi-Family Unit
Base $15.53 $15.79 $17.05 $18.41 $19.88 $21.47
Flow $10.75 $15.54 $16.78 $18.12 $19.57 $21.14
Total $26.28 $31.33 $33.83 $36.53 $39.45 $42.61
Commercial
(Base) $15.53 $15.79 $17.05 $18.41 $19.88 $21.47
Commercial Volume Rates ($/1,000 gal)
Low Strength $2.39 $2.59 $2.80 $3.02 $3.26 $3.52
Medium Strength $2.75 $2.98 $3.22 $3.48 $3.76 $4.06
High Strength $3.18 $3.44 $3.72 $4.02 $4.34 $4.69
Table 3: Current and Proposed Monthly Storm Drain Rates City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Proposed Proposition 218+
Customer
Class
Billing
Method Current
Billing
Method
April 1,
2024
January 1,
2025
January 1,
2026
January 1,
2027
January 1,
2028
Single Family Per
dwelling $1.60 Per dwelling $1.42 $1.46 $1.50 $1.55 $1.60 Multi-family Per
dwelling $1.60 Per acre $10.36 $10.67 $10.99 $11.32 $11.66 Commercial * * Per acre $11.85 $12.21 $12.58 $12.96 $13.35 Industrial * * Per acre $13.33 $13.73 $14.14 $14.56 $15.00 Church * * Per acre $7.40 $7.62 $7.85 $8.09 $8.33
Schools * * Per acre $4.44 $4.57 $4.71 $4.85 $5.00
Parks * * Per acre $1.48 $1.52 $1.57 $1.62 $1.67
* Currently, all non-residential customers are billed based on metered water service. The current rate is $0.0736/1,000 gallons of non-irrigation water use with a minimum fee of $1.60 per month. + For accounts for which the City cannot determine a parcel size, the minimum fee is 1/5 of the proposed rate per acre
102
Section 6, Item A.

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1.4.4 Bill Impacts
The typical monthly water use of a single family customer is 14,000 gallons per month and the most common residential meter size is 3/4”. Based on these parameters, the City’s current typical combined utility bill (water, sewer, and storm) is $82.70 per month. After the proposed 2024 increase, the typical residential bill would increase to $92.34 per month, an increase of about 12%, see Figure 2. A survey comparing the City of Kerman’s current and proposed 2024 water and sewer bill with other local utilities is provided in Figure 3.

Figure 2: Combined Average Single Family Residential Bill 103
Section 6, Item A.

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Figure 3: Water and Sewer Bill Survey
104
Section 6, Item A.

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SECTION 2: CURRENT RATES AND CUSTOMER BASE
This section provides an overview of the City’s current water, wastewater, and storm drain rates, customer base, water usage statistics, and current rate revenues.

2.1 Current Water Rates and Usage Statistics
The City bills for water, sewer, and storm drain service monthly. Customers are charged based on the size of their water meter ranging from 3/4” up to 6”. In addition, the City bills all customers a $0.50 fee to accumulate funds for the eventual replacement of the meter at the end of its useful life. The meter replacement fee is estimated to generate about $23,500 annually. Customers are also billed a uniform volume rate through which all consumption is charged $1.27/1,000 gallons, see Table 4. At current rates (effective January 1, 2023), it is estimated that the City would collect about $2.8 million annually not including the meter replacement fee. About two thirds of revenues are collected from fixed fees and about one third of rate revenues are collected from volume rates.

Table 4: Current Customers by Meter Size and Estimated Water Use City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Meter Size
# of
Customers
Current
Meter
Replacement
Fee
Annual
Meter
Replacement
Revenues
Current
Monthly
Base Fee
Annual
Base Fee
Revenues
% of
total [1]
3/4" 2,979 $0.50 $17,874 $28.17 $1,007,021
1" 752 $0.50 $4,512 $43.31 $390,829

1.5" 41 $0.50 $246 $81.15 $39,926
2" 115 $0.50 $690 $126.57 $174,667
3" 12 $0.50 $72 $247.68 $35,666
4" 20 $0.50 $120 $383.93 $92,143
6" 4 $0.50 $24 $762.41 $36,596
3,923 $23,538 $1,776,848 63.6%
Consumption 801,627 $1.27 $1,018,066 36.4%
(1,000 gals) ($/1,000 gal)
Subtotal $2,794,914 100.0%
Less 1%
delinquency ($27,949)
Total $2,766,965
1 – Does not include meter replacement fee revenues
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2.2 Current Wastewater Rates
The City of Kerman has a separate schedule of charges for single family residential, multi-family residential, and commercial sewer customers, see Table 5. Single family and multi-family customers are billed a fixed monthly fee per dwelling unit consisting of a base charge plus a flow charge. The base charge is the same for both residential customer classes, but each class pays a different flow charge. The base charge reflects the common customer service costs while the flow charge accounts for the greater volume of wastewater discharge of single family customers.

Commercial customers are charged different fees based on the different challenges associated with providing wastewater services to commercial customers. The base charge is the same as for the residential customer classes and is used to offset the costs of customer service. Unlike the residential classes, commercial customers are charged one of three different flow rates. These three classes of commercial customers are low, medium, and high strength, which correspond to the wastewater pollutant characteristics (biochemical oxygen demand and total suspended solids) of each group. Per City policy, commercial customers use dedicated irrigation meters for outdoor water use (i.e. use that is not discharged into the sewer). Irrigation water use is not billed for wastewater service.

Table 5: Current Wastewater Rates
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Customer Class Current Rate
Single Family Residential
Base $15.53
Flow $19.12
Total $34.65 $/month per dwelling unit
Multifamily Residential
Base $15.53
Flow $10.75
Total $26.28 $/month per dwelling unit
Commercial
Base $15.53 $/month per account +
Low Strength $2.39 $/1,000 gallons
Medium Strength $2.75 $/1,000 gallons
High Strength $3.18 $/1,000 gallons
106
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Table 6 provides estimated annual Wastewater Fund rate revenues. About 95% of revenues are collected from the fixed residential and commercial customer charges and about 5% of rate revenues are collected from commercial flow rates.

Table 6: Estimated Sewer Revenues at Current Rates
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Customer Category Customer Count
Fixed Monthly
Fee
Fixed Annual
Revenue
Commercial Accounts 188 $15.53 $35,036
Single Family Dwelling Units 3,439 $34.65 $1,429,936
Multi Family Dwelling Units 1,114 $26.28 $351,311
Total Accounts/Dwelling Units 4,741 $1,816,283 95.3%
Annual
Commercial
Flows (1,000 gal) $/1,000 gal
Volumetric
Annual
Revenue
Low Strength 15,663 $2.39 $37,435
Medium Strength 4,490 $2.75 $12,347
High Strength 12,460 $3.18 $39,624
Total Commercial Flows 32,613 $89,406 4.7%
Total Annual Revenue $1,905,689 100.0%

2.3 Current Storm Drain Rates
Currently, residential customers (single- and multi-family) are charged a flat rate of $1.60 per month while all other customer classes (commercial, industrial, church, school, and park) are charged a flowbased fee at a rate of $0.0736 per 1,000 gallons with a $1.60 minimum charge, see Table 7 below. The storm drain rates currently generate about $83,000 in annual revenues.

Table 7: Current Storm Drain Rates
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Customer Class Billing Method Current
Single Family Per dwelling unit $1.60
Multifamily Per dwelling unit $1.60
Commercial Flow-based $0.0736/1,000 gallons; $1.60 min.

Industrial Flow-based $0.0736/1,000 gallons; $1.60 min.

Church Flow-based $0.0736/1,000 gallons; $1.60 min.

Schools Flow-based $0.0736/1,000 gallons; $1.60 min.

Parks Flow-based $0.0736/1,000 gallons; $1.60 min.
107
Section 6, Item A.

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SECTION 3: WATER REVENUE REQUIREMENT
Proposition 218 requires that utility rates be based on the reasonable cost of providing service to customers. The cost of service includes annual operating expenses, debt service payments, capital projects, and the accumulation of appropriate reserves. The water, wastewater, and storm drain utility costs of service were developed based on the FY2023/24 adopted budget, capital projects developed by staff, and reserve recommendations based on industry standard practice.

3.1 Cost of Service
In FY2024, the water utility’s operating budget is approximately $1.98 million including costs from both the Water Operations Fund and the Water Administrative Fund. Major line-items include administration, salaries and benefits, groundwater management expenses, utilities (electricity for pumping), and chlorine. Most costs are projected to increase by 3% annually. Operations also funds debt service for the City’s 2003 State Water Resources Control Board (SWRCB) loan. The annual cost is $165,000. The loan has a 20-year term and will mature January 2028. The cost of service also includes repair and replacement projects that correct deficiencies in existing infrastructure. Costs associated with system expansion are funded by impact fees and major facilities fees and are not included in this rate study. In FY2025 and beyond, the cost of service includes funding of $307,000 of annual capital costs to cover items such as pipeline repairs and replacements, main breaks, replacement of large equipment or vehicles, and other unanticipated needs.

The main revenue source to cover operations is water rate revenues. Current rate revenues are estimated at $2.8 million excluding meter replacement fee revenues, see Table 4. Other revenue sources include interest earnings, water wasting violations, credit card convenience fees, and miscellaneous revenues. Non-rate revenue sources are projected to generate about $40,000 annually.

It is recommended that the Operations Fund maintain reserves equal to 50% of annual operating costs (including capital outlay and excluding other capital projects) plus 100% of the annual debt service cost.

Fund reserves are a critical tool that allow the City to maintain its financial health and positive credit rating during emergencies. Moreover, funding can be drawn from reserves to supplement rate revenues lost during drought conditions.

3.2 Cash Flow
The Water Fund operating cash flow is provided in Table 8. It is proposed that the City adopt inflationary rate increases of 3% annually keep up with the costs of materials and supplies. This level of rate increase will allow the Water Fund to continue to generate positive net revenues, pay off debt, and accumulate reserves for future capital projects.
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Section 6, Item A.

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Water, Wastewater, and Storm Drain Rate Study 2023
Table 8: Water Cash Flow
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Proposition 218
FY2024 FY2025 FY2026 FY2027 FY2028
Effective Date Feb 1 Jan 1 Jan 1 Jan 1 Jan 1
Rate Revenue Increase 3.00% 3.00% 3.00% 3.00% 3.00%
Beginning Fund Balance $1,074,000 $1,547,000 $1,879,000 $2,212,000 $2,544,000

REVENUES
Water Rates [1] 2,802,000 2,884,000 2,971,000 3,060,000 3,152,000 Interest Earnings 10,000 10,000 10,000 10,000 10,000
Penalties 10,000 10,000 10,000 10,000 10,000
Misc 20,000 20,000 20,000 20,000 20,000
TOTAL REVENUES 2,842,000 2,924,000 3,011,000 3,100,000 3,192,000 Operating Expenses
Water Admin (Account 410 5005) 525,000 541,000 557,000 574,000 591,000 Staffing 622,000 653,000 686,000 720,000 756,000
Water Conservation Measures 40,000 41,000 42,000 43,000 44,000 Professional Services 97,000 100,000 103,000 106,000 109,000 Utilities 425,000 489,000 513,000 539,000 566,000
Surface Water (Fresno Irrigation District) 58,000 60,000 62,000 64,000 66,000 Chlorine and Supplies [2] 55,000 72,000 74,000 76,000 78,000 State Fees and Permits 25,000 26,000 27,000 28,000 29,000 Groundwater Sustainability 24,000 25,000 26,000 27,000 28,000 Hydrant Meter Replacements 5,000 5,000 5,000 5,000 5,000 Internal Service Funds, Misc., Admin 105,000 108,000 111,000 114,000 117,000 Total Operating Expenses 1,981,000 2,120,000 2,206,000 2,296,000 2,389,000 Net Operating Revenues 861,000 804,000 805,000 804,000 803,000 Debt Service - 2003 Loan 165,000 165,000 165,000 165,000 165,000 Debt Coverage Ratio 5.2 4.9 4.9 4.9 4.9
Capital Funding
Miscellaneous Repairs 100,000 300,000 300,000 300,000 300,000 Water Conservation Measures 7,000 7,000 7,000 7,000 7,000 Well 12 Repairs 2,500 0 0 0 0
Update PLC/HMI Upgrade/
Flowmeter Compatibility
91,500 0 0 0 0
Well 17 Repairs 10,000 0 0 0 0
500 gal Chlorine Tanks (6) 12,000 0 0 0 0
Total Capital 223,000 307,000 307,000 307,000 307,000
Total Net Revenues 473,000 332,000 333,000 332,000 331,000 Ending Fund Balance 1,547,000 1,879,000 2,212,000 2,544,000 2,875,000 Recommended Fund Balance 1,156,000 1,218,000 1,261,000 1,306,000 1,352,000 (6 month O&M plus debt payment) YES YES YES YES YES
Note: meter replacement fee revenues are not reflected in the cash flows. It is assumed that these revenues will be transferred to a designated fund.
1 - Rate revenues for each fiscal year reflect a portion of the year billed at the prior calendar year’s rates and a portion of the year reflecting the rate increase shown
2 - Cost increase of 30% in FY2025 for new chlorination expenses for all seven wells 109
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SECTION 4: WATER COST ALLOCATION & RATE DESIGN
The revenue requirement detailed in the previous section determines the amount of revenue to be recovered from water rates. The cost of service allocation determines how revenues will be recovered from customers based on how they use the water system. Proposition 218 requires that agencies providing “property-related services” (including water utility service) set rates and charges that are based on the cost of providing those services.

4.1 Background
The purpose of the cost allocation is to classify costs and to determine the amount of revenue that will be recovered from fixed charges and from volume rates. The American Water Works Association (AWWA) recommends methods to classify costs among various customer including the Base-Extra Capacity Method and the Commodity-Demand Method. These methods are particularly useful for water utilities that assign costs between average and peak use and allocate costs across different customer classes. The City of Kerman has not determined peaking factors and has a simple rate structure consisting of a schedule of meter fees and a single volume rate applicable to all customers. Rates are not differentiated by customer class. Thus, it is recommended that the City continue to use a simplified cost allocation method whereby volume rates recover the costs of expenses related to providing water under average demand and peak demand conditions as well as long-term supply. Meter fees recover fixed costs associated with maintaining water system capacity and customer service fees recover costs associated with administration, billing, and answering customer inquiries, see Table 9. It is proposed that about 36.7% of rate revenues be collected from volume rates and about 63.3% of rate revenues be collected from fixed charges.
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Section 6, Item A.

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Water, Wastewater, and Storm Drain Rate Study 2023
Table 9: Water Cost Allocation
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Budget Cost Allocation
FY2024 Cust. Serv Meter Fees
Volume
Rates
Operating Expenses
Water Admin (Account 410 5005) 525,000 33% 67% 0%
Staffing 622,000 0% 50% 50%
Water Conservation Measures 40,000 0% 0% 100%
Professional Services 97,000 25% 75% 0%
Utilities 425,000 0% 0% 100%
Surface Water FID 58,000 0% 0% 100%
Chlorine and Supplies 55,000 0% 0% 100%
State Fees and Permits 25,000 0% 100% 0%
Groundwater Sustainability 24,000 0% 100% 0%
Hydrant Meter Replacements 5,000 0% 100% 0%
Internal Service Funds, Misc., Admin 105,000 33% 67% 0% Total Operating Expenses 1,981,000 234,250 857,750 889,000 Debt Service - 2003 Loan 165,000 0% 100% 0%
0 165,000 0
Capital Funding (5-year avg)
Miscellaneous Repairs 260,000 0% 100% 0%
Water Conservation Measures 7,000 50% 0% 50%
Well 12 Repairs 500 0% 100% 0%
Update PLC/HMI Upgrade/Flowmeter 18,300 0% 100% 0%
Well 17 Repairs 2,000 0% 100% 0%
Total Capital 287,800 3,500 280,800 3,500
Total Cost of Service 2,433,800 237,750 1,303,550 892,500 Proposed Cost Allocation 100.0% 9.8% 53.6% 36.7%

4.2 Meter Equivalents
Based on AWWA guidelines, it is proposed that the meter fees (and associated costs to maintain capacity in the water system) be scaled to the maximum flow rate in gallons per minute (gpm) of each meter size. The flow of larger meters compared to the 3/4” meter determines the number of meter equivalents. Meter equivalents for FY2024 are calculated in Table 10. 111
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Table 10: Meter Equivalents
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Meter
Size
# of
Customers
Operating
Capacity (gpm) [1]
Meter
Ratio
# of Meter
Equivalents [2]
3/4" 2,979 30 1.00 2,979.00
1" 752 50 1.67 1,253.33

1.5" 41 100 3.33 136.67
2" 115 160 5.33 613.33
3" 12 320 10.67 128.00
4" 20 500 16.67 333.33
6" 4 1,000 33.33 133.33
3,923 5,577.00
[1] Gallons per minute (gpm) safe maximum operating capacity for C712-10 singlejet type meter
[2] Meter ratio times number of meters

4.3 Unit Cost Calculation
Table 11 calculates the unit costs for the water rates and charges for FY2024. $2.85 million is the revenue requirement used for rate design and the amount that would be collected if rates were applied to 12 months, absent any delinquencies. In practice, the rates calculated in Table 11 would go into effect February 1, 2024 and would be in effect for 5 months of FY2024. Thus, the total rate revenue for the fiscal year would reflect 7 months at the old rate and 5 months at the new rates.

Table 11: FY2024 Water Unit Cost Calculation
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Customer
Service Base Fees Volume Rates
FY2024 Full
Year's Rate
Revenue [1]
Cost Allocation % 9.8% 53.6% 36.7% 100.0%
FY2024 Rate Revenues $278,000 $1,526,000 $1,045,115 $2,849,974 Count 3,845 5,465 785,594
Billing Units # of meters Meter Equivalents 1,000 gals [2] Rate $6.03 $23.26 $1.33
$/month $/month $/1,000 gallons
[1] If the February 1, 2024 rate was in effect for 12 months [2] Reflects 2% reduction in water use compared to current use shown in Table 4 112
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4.4 Meter Fee Calculation
Table 12 provides the proposed fixed charges for FY2024 based on meter size. The base meter fee calculated in Table 11 is scaled by the meter ratios provided in Table 10. This is added to the customer service fee, which is the same for all meter sizes, to equal the total proposed base fee. In addition, it is proposed that customers pay fixed monthly meter replacement fees to set aside funds to replace water meters at the end of their useful lives. The current water meter replacement fee of $0.50 per month collects about $23,500 annually and the proposed water meter replacement fees will collect about $321,000 annually.

Table 12: Proposed FY2024 Water Meter Fees
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Meter
Size
Meter
Ratio $/equivalent
Base Meter
Fee
Customer
Service
Charge
Total
Proposed
Base Fee
Meter
Replacement
Fee
3/4" 1.00 X $23.26 $23.26 $6.03 $29.29 $6.50
1" 1.67 X $23.26 $38.77 $6.03 $44.80 $7.15

1.5" 3.33 X $23.26 $77.53 $6.03 $83.56 $8.45
2" 5.33 X $23.26 $124.05 $6.03 $130.08 $9.75
3" 10.67 X $23.26 $248.11 $6.03 $254.14 $13.00
4" 16.67 X $23.26 $387.67 $6.03 $393.70 $16.25
6" 33.33 X $23.26 $775.33 $6.03 $781.36 $19.50

4.5 Proposed Water Rates
Table 13 provides the five-year schedule of proposed monthly water rates. The February 1, 2024 rate adjustment reflects the cost allocation described in the previous sections. Rates are increased by 3% annually in subsequent years to reflect the cost of service increase shown in Table 8. The schedule of proposed rates also includes drought rates which are described in the next section. 113
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Table 13: Proposed Monthly Water Rates
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Proposed Proposition 218
February 1, 2024 January 1, 2025 January 1, 2026
Meter
Size Current
Base
Fee
Meter
Fee
Total
Fee
Base
Fee
Meter
Fee
Total
Fee
Base
Fee
Meter
Fee
Total
Fee
3/4" $28.67 $29.29 $6.50 $35.79 $30.17 $6.50 $36.67 $31.08 $6.50 $37.58 1" $43.81 $44.80 $7.15 $51.95 $46.14 $7.15 $53.29 $47.52 $7.15 $54.67

1.5" $81.65 $83.56 $8.45 $92.01 $86.07 $8.45 $94.52 $88.65 $8.45 $97.10 2" $127.07 $130.08 $9.75 $139.83 $133.98 $9.75 $143.73 $138.00 $9.75 $147.75 3" $248.18 $254.14 $13.00 $267.14 $261.76 $13.00 $274.76 $269.61 $13.00 $282.61 4" $384.43 $393.70 $16.25 $409.95 $405.51 $16.25 $421.76 $417.68 $16.25 $433.93 6" $762.91 $781.36 $19.50 $800.86 $804.80 $19.50 $824.30 $828.94 $19.50 $848.44 Volume
Rate $1.27 $1.33 $1.37 $1.41
($/1,000 gallons)
DROUGHT RATES - Volume Rate
($/1,000 gallons)
10% Water Cutback $1.39 $1.43 $1.47
25% Water Cutback $1.51 $1.55 $1.60
40% Water Cutback $1.68 $1.73 $1.79
Proposed Proposition 218
January 1, 2027 January 1, 2028
Meter
Size
Base
Fee
Meter
Fee
Total
Fee
Base
Fee
Meter
Fee
Total
Fee
3/4" $32.01 $6.50 $38.51 $32.97 $6.50 $39.47
1" $48.95 $7.15 $56.10 $50.42 $7.15 $57.57

1.5" $91.31 $8.45 $99.76 $94.05 $8.45 $102.50
2" $142.14 $9.75 $151.89 $146.40 $9.75 $156.15
3" $277.70 $13.00 $290.70 $286.03 $13.00 $299.03
4" $430.21 $16.25 $446.46 $443.12 $16.25 $459.37
6" $853.81 $19.50 $873.31 $879.42 $19.50 $898.92
Volume Rate $1.45 $1.49
($/1,000 gallons)
DROUGHT RATES - Volume Rate
($/1,000 gallons)
10% Water Cutback $1.52 $1.56
25% Water Cutback $1.65 $1.70
40% Water Cutback $1.84 $1.89
114
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4.6 Drought Rates
It is recommended that the City of Kerman adopt a series of drought rates. Drought rates are only implemented during a water shortage emergency as declared by the Governor or the City Council, allowing for financial stability during periods of reduced water sales. During water shortages, a water utility has two core objectives: 1) to reduce the amount of water customers consume, and 2) to maintain an adequate amount of revenue to continue operations. The two competing objectives work against each other because as less water is sold, it becomes more difficult to maintain adequate revenue to cover an agency’s costs. It should be noted that under drought conditions, certain expenses will decrease relative to the decrease in water use such as electricity, supplies, and chemicals. However, other costs to operate the water system such as staffing and maintaining long-term supply remain the same. The reduction in cost during drought conditions is reflected in the revenue requirements shown in Table 14.

Drought rates are designed to cover costs at decreased levels of consumption. The City recognizes that ratepayers are already doing their part to conserve. Therefore, applying the drought surcharge to only the consumption charge component gives customers the increased ability to control a portion of their water bills. The proposed drought rates would be charged on a temporary basis and would be phased out when the City determines that water supply conditions have returned to normal and droughtrelated costs and revenue reductions have been recovered. Drought rates may be implemented by the City Council’s adoption of a resolution with findings that a water shortage emergency has been declared by the Governor or City Council and that an actual shortage is demonstrated through water bills for at least sixty (60) days.

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Table 14: Drought Rate Calculation
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
FY2024 FY2025 FY2026 FY2027 FY2028
VOLUME RATE REVENUE REQUIREMENT - 10% Cutback
Total Volume Revenue Requirement $982,116 $1,011,579 $1,041,927 $1,073,184 $1,105,380 Total Consumption 707,035 707,035 707,035 707,035 707,035 Proposed Rate ($/1,000 gal) $1.39 $1.43 $1.47 $1.52 $1.56 VOLUME RATE REVENUE REQUIREMENT - 25% Cutback
Total Volume Revenue Requirement $887,616 $914,245 $941,672 $969,922 $999,020 Total Consumption 589,196 589,196 589,196 589,196 589,196 Proposed Rate ($/1,000 gal) $1.51 $1.55 $1.60 $1.65 $1.70 VOLUME RATE REVENUE REQUIREMENT - 40% Cutback
Total Volume Revenue Requirement $793,117 $816,910 $841,417 $866,660 $892,660 Total Consumption 471,357 471,357 471,357 471,357 471,357 Proposed Rate ($/1,000 gal) $1.68 $1.73 $1.79 $1.84 $1.89

4.7 Bill Impacts
Table 15 provides changes to sample residential bills from the current rate structure to the proposed structure going into effect in February of 2024. The majority of the bill impacts are due to increases in the fixed costs, notably the increase in the meter replacement fees from $0.50 to $6.50.

Table 15: Water Bill Comparison
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Monthly
Usage
(gallons)
Current Proposed - February 1, 2024
Increase
Description
Usage
Charge
Base
Fee
Meter
Fee
Total
Bill
Usage
Charge
Base
Fee
Meter
Fee
Total
Bill
3,000 2-person home $3.81 $28.17 $0.50 $32.48 $3.99 $29.29 $6.50 $39.78 $7.30 8,000 Average winter use $10.16 $28.17 $0.50 $38.83 $10.64 $29.29 $6.50 $46.43 $7.60 14,000 Average monthly use $17.78 $28.17 $0.50 $46.45 $18.62 $29.29 $6.50 $54.41 $7.96 24,000 Average summer use $30.48 $28.17 $0.50 $59.15 $31.92 $29.29 $6.50 $67.71 $8.56 30,000 Top 10% of bills $38.10 $28.17 $0.50 $66.77 $39.90 $29.29 $6.50 $75.69 $8.92 116
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City of Kerman Page 21
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The figure below compares the City’s current and proposed typical water bill with the bills of other local agencies. Even with the proposed FY2024 rate increase, the City of Kerman’s bill will remain in the midrange of bills charged in the Fresno County/Central Valley region.

Figure 4: Water Bill Survey
117
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SECTION 5: WASTEWATER REVENUE REQUIREMENT
The wastewater revenue requirement was developed in the same manner as the water utility revenue requirement. FY2024 expenses and non-rate revenues were taken from the budget. Later year cost increases were estimated as appropriate. Impact fee and major facilities fund revenues and expenses were not evaluated as part of this rate study.

5.1 Cost of Service
In FY2024, the sewer utility’s operating costs are estimated at $1.8 million. Costs include overhead, administration, staffing, and utilities (electricity) for the conveyance and treatment of flows. The Operations Fund and the Major Facilities Fund split the cost of the annual debt service for the City’s 2009 State Revolving Fund (SRF) loan. Operations will pay $152,000 annually for principal and interest.

The Major Facilities Fund’s share is $125,000 annually in principal. The loan was issued to expand the City’s wastewater treatment plant. Absent a rate increase, the sewer utility is projected to barely meet its debt coverage requirement of 1.20 times the annual payment amount (i.e. net operating revenues must equal or exceed 120% of the annual debt service amount). If the City does not meet this requirement in future years, the Sewer Fund’s credit rating could be negatively impacted, and the utility could face higher interest costs for future debt issuances.

As shown in Table 5, wastewater rate revenues currently generate about $1.9 million annually. Non-rate revenue sources are estimated to generate $44,000 annually and consist of interest earnings, penalties, and miscellaneous sources.

5.2 Cash Flow
Similar to the Water Fund, it is recommended that the Wastewater Fund maintain reserves equal to 50% of annual operating costs (including capital outlay and excluding other capital projects) plus 100% of the annual debt service cost. FY2024, the reserve target is about $1 million but actual cash on hand is about $652,000. In recent years, the City has spent reserves to fund deferred maintenance projects at the wastewater treatment plant. This fiscal year, the City intends to spend $152,000 on various projects, see Table 16. In future years, it is assumed that the City will spend $150,000 annually on projects and/or major repairs.

Although the Operations Fund is currently generating positive net revenues, 8% annual revenue increases are recommended for the next five years to cover operating cost increases, rebuild reserves, and pay off debt, see Table 17.
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Table 16: FY2024 Sewer Capital Project Costs
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Project Cost
Capital Outlay - Upgrade Springbrook Software $2,000
Flygt Model Pump for the Screwpress $10,000
WWTP Facility Repairs $5,000
Sewer Machine $83,000
Aluminum Biolac Barge - Pontoons for Barge $2,000
WWTP Headworks Pump/Motor $7,000
WWTP Ras/Was Pump $18,000
Goldenrod Lift Station Grundfos Pump (2) $17,000
Kearney Blvd./Siskiyou Ave. Lift Station Homa Pump $8,000 Total $152,000
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Table 17: Wastewater Operating Cash Flow
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Proposition 218
FY2024 FY2025 FY2026 FY2027 FY2028
Effective Date Feb 1 Jan 1 Jan 1 Jan 1 Jan 1
Rate Revenue Increase 8.0% 8.0% 8.0% 8.0% 8.0%
Beginning Fund Balance $652,000 $594,000 $640,000 $800,000 $1,087,000

REVENUES
Rate Revenues 1,969,000 2,124,000 2,294,000 2,477,000 2,676,000 Penalties 7,000 7,000 7,000 7,000 7,000
Interest Income 14,000 14,000 14,000 14,000 14,000
Rent 10,000 10,000 10,000 10,000 10,000
Misc 13,000 13,000 13,000 13,000 13,000
TOTAL REVENUES 2,013,000 2,168,000 2,338,000 2,521,000 2,720,000

EXPENSES
Personnel/Staffing 729,000 751,000 774,000 797,000 821,000 Contract & Professional Services 213,000 219,000 226,000 233,000 240,000 Utilities 325,000 335,000 345,000 355,000 366,000
Equipment & Supplies 189,000 195,000 201,000 207,000 213,000 O&M Administration 311,000 320,000 330,000 340,000 350,000 Total Expenses 1,767,000 1,820,000 1,876,000 1,932,000 1,990,000 Net Revenue 246,000 348,000 462,000 589,000 730,000

DEBT SERVICE
2009 Cal. Dept. of Water Resources 152,000 152,000 152,000 152,000 152,000 Debt Coverage Ratio 1.62 2.29 3.04 3.88 4.80
Total Capital 152,000 150,000 150,000 150,000 150,000
Ending Fund Balance 594,000 640,000 800,000 1,087,000 1,515,000 Recommended Fund Balance 1,036,000 1,062,000 1,090,000 1,118,000 1,147,000 (6 month O&M plus debt payment) no no no no yes
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SECTION 6: WASTEWATER COST ALLOCATION & RATE DESIGN
The City proposes to maintain its current wastewater rate structure. Residential customers will continue to be charged fixed monthly fees that include a base and flow charge. Commercial customers will continue to be charged a base charge plus metered volume rates based on pollutant strength. The dollar amount of each rate is proposed to be updated based on the new cost of service and the adjusted allocation to each customer class.

6.1 Cost Allocation
FY2024 was used as the test year for cost allocation purposes, see Table 18. Costs were divided between a capacity category and a flow category. Capacity includes costs for City overhead, administration, and other expenses related to maintaining a high level of service for customers at all times. The flow cost category is composed of non-customer service expenses and expenses that vary with the amount of flow discharged to the system such as electricity, repairs and maintenance, and asset replacement expenses. When customers use the system more heavily, the City incurs greater repair and replacement costs. The capacity costs are proposed to be recovered from the base wastewater charge and the flow category is proposed to be recovered from volumetric flow rates.

Table 18: Wastewater Cost Allocation
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Budget
FY2024
Customer
Service
(Fixed)
Customer
Service
Allocation
Flow
(Volume)
Flow
Allocation
Operating Expenses
Personnel/Staffing $729,000 $364,500 50% $364,500 50%
Contract & Professional Services $213,000 $213,000 100% $0 0% Utilities $325,000 $0 0% $325,000 100%
Equipment & Supplies $189,000 $94,500 50% $94,500 50%
O&M Administration $311,000 $155,500 50% $155,500 50%
Total Operating Expenses $1,767,000 $827,500 $939,500
Debt Service
2009 Cal. Dept. of Water Resources Loan $152,000 $76,000 50% $76,000 50% Capital Projects $152,000 $0 0% $152,000 100%
Total Allocation $2,071,000 $903,500 43.6% $1,167,500 56.4% 121
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Water, Wastewater, and Storm Drain Rate Study 2023
The flow cost category is further broken down into a flow component and a strength component. The strength component reflects biochemical oxygen demand (BOD) and total suspended solids (TSS) discharged by sewer customers. The City incurs costs to treat these constituents. However, the City does not have a current wastewater master plan and does not have detailed expense information for the treatment of flow vs. strength. To allocate costs to higher strength customers, industry standard “rules of thumb” were applied. It is assumed that 70% of non-capacity costs are attributable to flow and 30% are attributable to pollutant loading. The pollutant loading estimates for each non-residential customer class are provided in Table 19. Residential flows are assumed to have the same pollutant loading as the low strength customer class.

Table 19: Allocation to Wastewater Flow and Strength
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Flow Strength Total
Multiplier
(Flow +
Strength)
Pollutant
Strength
Category
Factor Allocation Multiplier BOD/TSS
mgl Factor Allocation Multiplier
Low 1 X 70% 0.7 200 1 X 30% 0.3 1
Medium 1 X 70% 0.7 300 1.5 X 30% 0.45 1.15
High 1 X 70% 0.7 500 2.5 X 30% 0.63 1.33
BOD – biological oxygen demand; TSS – total suspended solids Mgl – milligrams per liter

6.2 Flow Analysis
Residential sewer flow is not directly monitored by the City. Therefore, winter water consumption is used as a proxy for sewer flow. During the winter, it is assumed that the majority of metered water use is discharged into the sewer and is not used for outdoor irrigation. Table 20 provides an overview of the estimated sewer flow for the different customer types. Based on metered winter water use over the past three years, single family sewer flow is 8,000 gallons per dwelling unit monthly which is the same estimate as the 2018 rate study. Based on records from the same timeframe, multi-family sewer flow per dwelling unit has increased from 4,500 gallons per month (2018) to 6,000 gallons per month (current).

Total single family residential sewer flow is estimated as 8,000 gallons per month times 12 months, times the number of dwelling units and multi-family residential sewer flow is estimated as 6,000 gallons per month times 12 months, times the number of dwelling units. Commercial sewer flow is based on prior year billed flows. The strength multiplier developed in Table 19 is applied to the estimated flow of each customer group.
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Water, Wastewater, and Storm Drain Rate Study 2023
Table 20: Sewer Flow Estimates
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
FY2024 Est. Flow
Sewer Flow Strength X
Wastewater Customers (1,000 gal) Multiplier Multiplier
Low/Domestic
Low strength commercial 15,663 1.00 15,663
Est. residential sewer flow [1] 330,144 1.00 330,144
Multi-Family winter water use [2] 80,208 1.00 80,208
Medium strength commercial 4,490 1.15 5,163
High strength commercial 12,460 1.33 16,572
Total Estimated Sewer Flow 442,965 447,751
1 - The typical winter water use for metered, single family residential customers is 8,000 gallons per month. This usage was multiplied by the estimated number of single family customers. 2 - The three year average winter water use for metered, multi-family residential customers is 6,000 gallons per month. This usage was multiplied by the number of multi-family dwelling units.

6.3 Unit Cost Calculation
Table 21 provides the FY2024 wastewater unit cost calculation. The FY2024 revenue requirement for rate design is $2.058 million. The revenue requirement is multiplied by the cost allocation percentages from Table 18 and then divided by the appropriate billing units.

Table 21: Wastewater Unit Costs
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Cost Allocation Customer Service Flow
FY2024 Full Year's
Rate Revenue [1]
Cost Allocation % 43.6% 56.4% 100%
FY2024 Rate Revenue $898,000 $1,160,000 $2,058,144
Count 4,741 447,751
Billing Units
(# of Accounts or
dwelling units)
(1,000 gal)
Rate $15.79 $2.59
$/account/mo $/1000 gal
1 - If the February 1, 2024 rate was in effect for 12 months 123
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6.4 Proposed Wastewater Rates and Bill Impacts
Table 22 provides the wastewater flow rate calculations. The strength multiplier for each customer class is applied to the flow unit cost of $2.59 per thousand gallons. The single family residential bill is calculated as the base fee plus the flow rate times 8,000 gallons. The multi-family bill per dwelling unit is calculated as the base fee plus the flow rate times 6,000 gallons.

Table 22: Wastewater Rate Design
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Flow Rates
Unit Flow
Cost
Strength
Multiplier
Flow Rate
($/1,000 gal)
Low
Low strength commercial $2.59 X 1.00 $2.59
Residential $2.59 X 1.00 $2.59
Multi-Family $2.59 X 1.00 $2.59
Medium strength commercial $2.59 X 1.15 $2.98
High strength commercial $2.59 X 1.33 $3.44
Customer Service Charge
Unit
Customer
Service Cost Factor
Total
$/unit
Multi-Family $15.79 X 1.0 $15.79
Single Family $15.79 X 1.0 $15.79
Commercial $15.79 X 1.0 $15.79
Total Rate Schedule Rate Count Total $/month
Single Family Residential
Base (per dwelling unit) $15.79 X 1 $15.79
Flow (avg winter water use) $2.59 X 8 $20.72
Total $36.51
Multi-Family Unit
Base (per dwelling unit) $15.79 X 1 $15.79
Flow (avg winter water use) $2.59 X 6 $15.54
Total $31.33
The five-year wastewater rate schedule is provided in Table 23. This rate study allocates customer service costs on a $/dwelling unit basis for residential customers and a $/account basis for commercial customers. City staff have observed that single family dwelling units and multi-family dwelling units have the same customer service needs, so it is appropriate that both customer groups are charged the same base charge. Adjustments to the commercial flow rates vary based on pollutant strength. The February 1, 2024 rate adjustment reflects the cost allocation described above and future year rates are increased by 8% annually.
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Table 23: Current and Proposed Sewer Rates
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Current
Rates
Proposed
Fixed Charges ($/mo)
February 1,
2024
January 1,
2025
January 1,
2026
January 1,
2027
January 1,
2028
Residential
Base $15.53 $15.79 $17.05 $18.41 $19.88 $21.47
Flow $19.12 $20.72 $22.38 $24.17 $26.10 $28.19
Total $34.65 $36.51 $39.43 $42.58 $45.98 $49.66
Multi-Family Unit
Base $15.53 $15.79 $17.05 $18.41 $19.88 $21.47
Flow $10.75 $15.54 $16.78 $18.12 $19.57 $21.14
Total $26.28 $31.33 $33.83 $36.53 $39.45 $42.61
Commercial (Base) $15.53 $15.79 $17.05 $18.41 $19.88 $21.47 Commercial Volume
Rates ($/1,000 gal)
Low Strength $2.39 $2.59 $2.80 $3.02 $3.26 $3.52
Medium Strength $2.75 $2.98 $3.22 $3.48 $3.76 $4.06
High Strength $3.18 $3.44 $3.72 $4.02 $4.34 $4.69
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City of Kerman Page 30
Water, Wastewater, and Storm Drain Rate Study 2023
The figure below provides a bill survey comparing the City of Kerman’s current and proposed FY2024 single family residential wastewater bill with the bills of other local agencies. The City’s bill is currently in the mid-range of surveyed agencies and will remain in the mid-range following the proposed February 1, 2024 increase.

Figure 5: Sewer Bill Survey
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SECTION 7: STORM DRAIN REVENUE REQUIREMENT
Storm drain fees are intended to fund capital improvement programs, operations and maintenance, clean water programs to mitigate the pollutants in stormwater, and other environmental services related to storm water. Ongoing maintenance of storm drain pipes is important in reducing risks of flooding and sink holes in local neighborhoods.

7.1 Current Storm Drain Rates
Table 24 shows the current monthly storm drain rates. Residential customers are charged $1.60 per dwelling unit. Non-residential customers are charged $0.0736 per 1,000 gallons of non-irrigation water use with a minimum fee of $1.60.

Table 24: Current Monthly Storm Drain Rates
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Customer Class Current Rates
Residential
Single Family per dwelling unit $1.60
Multi-Family per dwelling unit $1.60
Non-residential
Commercial
Minimum fee per
account
$1.60 or
$0.0736/1,000
gallons of
non-irrigation
water use
Industrial
Church
Schools
Parks

7.2 Cost of Service and Cash Flow
The City’s storm drain rates currently generate about $83,000 annually in revenues. Non-rate revenues are minimal and amount to a few hundred dollars annually. These revenues are inadequate to meet costs and the utility is operating at a deficit. In FY2024, operating expenses total about $142,000 and consist of staffing, equipment, supplies, and materials to collect and convey storm runoff. Capital costs for this year total $368,000 and are estimated at $37,500 annually into the future. Despite operating at a deficit, the storm drain utility has healthy fund reserves of over $1 million as of July 1, 2023. It is proposed that the City raise rates to cover annual operating and capital costs and maintain recommended reserves of 50% of operating costs. The storm drain cash flow is provided in Table 25. 127
Section 6, Item A.

City of Kerman Page 32
Water, Wastewater, and Storm Drain Rate Study 2023
Table 25: Storm Drain Cash Flow
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Proposition 218
FY2024 FY2025 FY2026 FY2027 FY2028
Effective Date Apr 1 Jan 1 Jan 1 Jan 1 Jan 1
Rate Revenue Increase 130.00% 3.00% 3.00% 3.00% 3.00%
Beginning Fund Balance $1,025,000 $634,300 $644,200 $655,500 $668,200

REVENUES
User Fees 119,200 193,500 199,300 205,300 211,500
Penalties 400 400 400 400 400
TOTAL REVENUES 119,600 193,900 199,700 205,700 211,900

EXPENSES
Personnel/Staffing 76,900 79,200 81,600 84,000 86,500
Contract & Professional Services 8,000 8,200 8,400 8,700 9,000 Utilities 2,500 2,600 2,700 2,800 2,900
Equipment and Supplies 20,500 21,100 21,700 22,400 23,100 O&M Administration 34,400 35,400 36,500 37,600 38,700
TOTAL EXPENSES 142,300 146,500 150,900 155,500 160,200
Net Revenues (22,700) 47,400 48,800 50,200 51,700

CAPITAL PROJECTS
Outlays 10,000 12,500 12,500 12,500 12,500
Repairs, Parts, Etc. 358,000 25,000 25,000 25,000 25,000 TOTAL CAPITAL EXPENDITURES 368,000 37,500 37,500 37,500 37,500 Ending Fund Balance $634,300 $644,200 $655,500 $668,200 $682,400 Ending Fund Target $71,200 $73,300 $75,500 $77,800 $80,100 (50% of operating costs)
128
Section 6, Item A.

City of Kerman Page 33
Water, Wastewater, and Storm Drain Rate Study 2023
SECTION 8: STORM DRAIN COST ALLOCATION AND RATE DESIGN

8.1 Storm Drain Cost Allocation
Proposition 218 requires that municipalities providing “property-related services” (including storm drain service) set rates and charges that are based on the cost of providing those services. The revenue requirements detailed in the previous section determine the amount of revenue to be recovered from the storm drain rates. In this section, the cost of service allocation develops an equitable means of allocating utility costs among its customers based on their estimated runoff burden to the storm drain system.

Impervious area is commonly used as a proxy to estimate the stormwater runoff contributed by a property. Impervious surfaces are surfaces that allow little or no stormwater to permeate into the ground, including rooftops, paved driveways, and walkways. The estimate of impervious area can be used to establish an adequate storm drain fee proportionate with the revenue needed to manage the runoff received from parcels and adjoining streets.

Table 26 provides an estimate of impervious area within the City. Parcels within the City are divided into the following land use categories: single family residential, multi-family, commercial, industrial, church, school, and parks. A runoff coefficient is applied to the acreage of each land use category. The runoff coefficients are estimates of the percentage of the land area that is impervious.

Parcels that meet any of the following conditions are excluded from Table 26 and are not proposed to be charged storm drain fees:
1) Parcels that solely comprise a street or roadway (either publicly or privately owned) and are considered to be part of the Storm Water conveyance system. 2) Parcels comprised of an area which is part of the City’s storm drain system. 3) Parcels that do not receive service.
4) Parcels which detain all runoff on site.

129
Section 6, Item A.

City of Kerman Page 34
Water, Wastewater, and Storm Drain Rate Study 2023
Table 26: Acres and Estimate of Impervious Area
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Service Type
Estimated
Acres
Runoff
Coefficient
Total
Impervious
Area
% of Total
Impervious
Area
Single Family Residential 636.2 0.50 318.1 29.6%
Multi-Family 535.3 0.70 374.7 34.8%
Commercial 262.6 0.80 210.1 19.5%
Industrial 141.0 0.90 126.9 11.8%
Church 18.0 0.50 9.0 0.8%
Schools 111.4 0.30 33.4 3.1%
Parks 40.0 0.10 4.0 0.4%
1,744.5 1,076.2 100.0%
As shown in the cash flow, it is proposed that the rate revenues increase by 130% from about $83,000 to about $191,000 (if collected over 12 months). Table 27, below, allocates the revenue requirement of $191,000 to each customer class using the percent of total impervious area and to calculate the rates.

Single family residential customers will continue to be charged on a “per dwelling unit” basis, with the monthly fee being lowered from $1.60 to $1.42. The single family residential fee is based on an average parcel size of 0.19 acres. All other customers will be charged on a “per acre” basis. Parcel size and impervious area are more indicative of how customers impact and use the City’s storm water conveyance system than metered water use under the current billing method.

130
Section 6, Item A.

City of Kerman Page 35
Water, Wastewater, and Storm Drain Rate Study 2023

Table 27: Storm Drain Rate Calculation
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
April 1, 2024 [1]
Total Storm Drain Revenue Requirement [1] $191,219
Customer Class Allocation % of Total Impervious Area
Single Family Residential 29.6% $56,516
Multi-Family 34.7% $66,574
Commercial 19.6% $37,328
Industrial 11.8% $22,554
Church 0.8% $1,598
Schools 3.1% $5,938
Parks 0.4% $711
100.0% $191,219
Rate Calculation for Single Family Residential
Total Revenue Requirement $56,516
Total Number of Residential Accounts 3,333
Monthly Single Family Residential Rate (per account) $1.42

Rate Calculation for Multi-Family
Total Revenue Requirement $66,574
Total Acres 535.3
Monthly Storm Drain Rate per Acre $10.36

Rate Calculation for Commercial
Total Revenue Requirement $37,328
Total Acres 262.6
Monthly Storm Drain Rate per Acre $11.85

Rate Calculation for Industrial
Total Revenue Requirement $22,554
Total Acres 141.0
Monthly Storm Drain Rate per Acre $13.33

Rate Calculation for Church
Total Revenue Requirement $1,598
Total Acres 18.0
Monthly Storm Drain Rate per Acre $7.40

Rate Calculation for Schools
Total Revenue Requirement $5,948
Total Acres 111.4
Monthly Storm Drain Rate per Acre $4.44

Rate Calculation for Parks
Total Revenue Requirement $711
Total Acres 40.0
Monthly Storm Drain Rate per Acre $1.48

1 – April 1, 2024 rate increase applied to 12 months of billings 131
Section 6, Item A.

City of Kerman Page 36
Water, Wastewater, and Storm Drain Rate Study 2023

8.2 Proposed Storm Drain Rates and Bill Impacts
The proposed five-year rate plan is shown in Table 28. The April 1, 2024 rates reflect the new cost allocation and rate structure described herein. The following years reflect 3% annual increases consistent with the proposed cash flow.

Table 28: Proposed Monthly Storm Drain Rates
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Proposed Proposition 218+
Customer
Class
Billing
Method Current
Billing
Method
April 1,
2024
January 1,
2025
January 1,
2026
January 1,
2027
January 1,
2028
Single Family Per
dwelling $1.60 Per dwelling $1.42 $1.46 $1.50 $1.55 $1.60 Multi-family Per
dwelling $1.60 Per acre $10.36 $10.67 $10.99 $11.32 $11.66 Commercial * * Per acre $11.85 $12.21 $12.58 $12.96 $13.35 Industrial * * Per acre $13.33 $13.73 $14.14 $14.56 $15.00 Church * * Per acre $7.40 $7.62 $7.85 $8.09 $8.33
Schools * * Per acre $4.44 $4.57 $4.71 $4.85 $5.00
Parks * * Per acre $1.48 $1.52 $1.57 $1.62 $1.67
* Currently, all non-residential customers are billed based on metered water service. The current rate is $0.0736/1,000 gallons of non-irrigation water use with a minimum fee of $1.60 per month. + For accounts for which the City cannot determine a parcel size, the minimum fee is 1/5 of the proposed rate per acre
Table 29 illustrates the cost impacts of the new rate structure on the City’s customer classes. Under the proposed 2024 rates, single family customers will pay less with costs shifted to other customer classes based on their proportional share of impervious area. The rate proposal assumes that multi-family parcels will be billed based on acreage and the acreage charge will then be subdivided among tenants or various utility customer accounts for each parcel.

Table 29: Storm Drain Revenue Recovery
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Customer Class
Current Rate
Revenues
Proposed April 1, 2024
Rate Revenues [1]
Single Family Residential $65,492 78.8% $56,516 29.6%
Multi-Family $10,911 13.1% $66,574 34.8%
Commercial $5,162 6.2% $37,328 19.5%
Industrial $207 0.2% $22,554 11.8%
Church $365 0.4% $1,598 0.8%
Schools $939 1.1% $5,938 3.1%
Parks $63 0.1% $711 0.4%
$83,139 100.0% $191,219 100.0%
1 - If billed for 12 months
132
Section 6, Item A.

City of Kerman Page 37
Water, Wastewater, and Storm Drain Rate Study 2023
The figure below provides a bill survey comparing the City of Kerman’s current and proposed storm drain bills with the bills of other agencies. Some agencies in Fresno County choose not to charge storm drain fees so the figure includes bills from other areas of the state. As shown, the rate change keeps the City’s bill at the low end of storm drain rates.

Figure 6: Storm Drain Bill Survey
133
Section 6, Item A.

City of Kerman Page 38
Water, Wastewater, and Storm Drain Rate Study 2023
SECTION 9: CONCLUSIONS AND RECOMMENDATIONS

9.1 Rate Study Conclusions
The rates developed in this report were based on the best available information gathered from City audits, budgets, and input from staff and City Council. The cost allocations proposed herein are based on American Water Works Association methodologies and industry standard practice. The proposed rates are based on the reasonable cost of providing service and are proportional to the benefits received by each customer.

9.2 Rate Impacts
Table 30 shows the combined utility bill for a typical residential customer with a 3/4” water meter and 14,000 gallons of monthly water usage. The total bill is proposed to increase from $82.70 under current rates to $92.34 under the 2024 rates.

Table 30: Combined Bill Impacts
City of Kerman
Water, Wastewater, and Storm Drain Rate Study
Monthly Utility Charges
Current
(January
1, 2023)
Proposed
April 1,
2024
January
1, 2025
January
1, 2026
January
1, 2027
January
1, 2028
Water Meter Fee 3/4" $28.17 $29.29 $30.17 $31.08 $32.01 $32.97 Meter Replacement Charge $0.50 $6.50 $6.50 $6.50 $6.50 $6.50 Usage Charge (14,000 gallons) $17.78 $18.62 $19.18 $19.74 $20.30 $20.86 Sewer Charge $34.65 $36.51 $39.43 $42.58 $45.98 $49.66
Storm Drain Charge $1.60 $1.42 $1.46 $1.50 $1.55 $1.60
Total Monthly Bill $82.70 $92.34 $96.74 $101.40 $ 106.34 $111.59 Increase 12% 5% 5% 5% 5%
134
Section 6, Item A.

City of Kerman Page 39
Water, Wastewater, and Storm Drain Rate Study 2023
The chart below compares the City of Kerman’s current and proposed water and sewer bill to the bills of other local agencies. Following the rate increase, the City’s bill will remain in the lower to mid-range of surveyed agencies.

Figure 7: Combined Water and Sewer Average Single Family Residential Bill Survey 135
Section 6, Item A.

STAFF REPORT
MEETING DATE: December 13, 2023
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Request to Defer Gateway Villas Development Impact Fees for Fiscal Year 2022/2023 to First Quarter of 2024 and for Fiscal Year 2023/2024 to First Quarter of 2025 (JA) RECOMMENDATION: Council to consider adoption of Resolution Approving First Amendment to Gateway Villas Apartments Affordable Housing Project and Waiver of Associated Impact Fees Agreement In Order to Extend the Payment Due Dates and Term of Agreement EXECUTIVE SUMMARY:

On November 13, 2019, the City of Kerman agreed to waive $476,694 and defer $127,694 in development impact fees for Gateway Villas. Payments of the development impact fees were supposed to be received within five years in yearly installment payments of $25,538.80 per the agreement.

The City of Kerman has received a request from Gateway Villas to defer the development impact fee payment for Fiscal Year 2022/2023 to the first quarter for 2024 and for Fiscal Year 2023/2024 to the first quarter of 2025 due to COVID pandemic and resident moratorium on evictions. The City of Kerman has received the development impact fee payments on a timely basis for the past two fiscal years.

The proposed resolution approves a First Amendment to the Agreement and to extend the term and payment date requirements.

FISCAL IMPACT: None, a receivable for Fiscal Year 2022/2023 has been recorded.

ATTACHMENTS:

A. Attachment – Resolution with First Amendment as exhibit B. Attachment – Letter from Gateway Villas requesting deferral of Fiscal Year 2022/2023 and Fiscal Year 2023/2024
136
Section 7, Item A.

Attachment ‘A’
RESOLUTION NO. 23-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING FIRST AMENDMENT

TO GATEWAY VILLAS APARTMENTS AFFORDABLE HOUSING PROJECT AND WAIVER OF

ASSOCIATED IMPACT FEES AGREEMENT IN ORDER TO EXTEND THE PAYMENT DUE DATES AND

TERM OF AGREEMENT
A. Pursuant to City of Kerman Resolution 19-70, the parties entered the Gateway Villas Apartments Affordable Housing Project and Waiver of Associated Impact Fees Agreement (“Agreement”) effective November 19, 2019.

B. The Agreement also provided for the deferral of fees over a five year period.

C. The Parties wish to amend the Agreement to extend certain payment terms.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kerman as follows:

SECTION 1. The foregoing recitals are incorporated herein by reference.

SECTION 2. Based on the foregoing recitals, the Council finds it is in the public interest of the City and its residents to extend payments due under the Agreement.

SECTION 3. The Council approves the First Amendment to Gateway Villas Apartments Affordable Housing Project and Waiver of Associated Impact Fees Agreement attached hereto as Exhibit A and incorporated by reference.

SECTION 4. The City Manager is authorized to execute the First Amendment.

SECTION 5. This resolution is effective upon adoption.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
137
Section 7, Item A.

The foregoing resolution is hereby approved.
____________________________
Maria Pacheco
Mayor
ATTEST:
_____________________________
Josie Camacho
Interim City Clerk
138
Section 7, Item A.

EXHIBIT ‘A’
RECORDING REQUESTED BY:

City of Kerman
AND WHEN RECORDED MAIL TO:

City Clerk
City of Kerman
850 S. Madera Avenue
Kerman, CA 93630
(Exempt from Recording Fees Pursuant to
Government Code Section 27383 - Benefits
City)

SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY

FIRST AMENDMENT TO GATEWAY VILLAS APARTMENTS AFFORDABLE HOUSING

PROJECT AND WAIVER OF ASSOCIATED IMPACT FEES AGREEMENT
This First Amendment to Gateway Villas Apartments Affordable Housing Project and Waiver of Associated Impact Fees Agreement (“First Amendment”) is made by and between the City of Kerman, a municipal corporation (hereinafter the “City”), and Central Valley Coalition for Affordable Housing, a California nonprofit public benefit corporation (hereinafter “CVCAH” or “Developer”) and collectively the “Parties”.

RECITALS
A. On November 19, 2019, the City Council of the City of Kerman adopted RESOLUTION NO. 19-70 Deferring and Waiving Certain Impact Fees for Gateway Villas Affordable Housing Project, Providing for City’s Restoration of Funds from Non-Impact Fee Sources, Making Public Benefit Findings, Approving Impact Fees Deferral and Waiver Agreement with Central Valley Coalition for Affordable Housing, a California Nonprofit Public Benefit Corporation.

B. Pursuant to Resolution 19-70, the parties entered the Gateway Villas Apartments Affordable Housing Project and Waiver of Associated Impact Fees Agreement (“Agreement”) effective November 19, 2019. The Agreement also provided for the deferral of fees over a fiveyear period.

C. The Parties wish to amend the Agreement to extend certain payment terms which in effect also extends the term of the Agreement. Section 105 of the Agreement requires that any amendment may only be made in writing and approved by the City Council.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the promises, conditions, and covenants set forth in the Agreement for 139
Section 7, Item A.
the benefit of the health, safety, and welfare of the public, the City, and Developer do hereby mutually understand and agree as follows:

Section 1. Section 101 of the Agreement titled “Effective Date and Time” is amended to extend the term to November 14, 2025.

Section 2. Section 301 of the Agreement title “Deferral of Certain Impact Fees is amended as follows:

The development impact fee payment for Gateway Villas for Fiscal Year 2022/2023 is extended to the first quarter of 2024 and the payment for Fiscal Year 2023/2024 is extended to the first quarter of 2025.

Section 3. The effective date of this First Amendment Agreement shall be December 16, 2023.

Section 4. Except as amended by this First Amendment, all terms and conditions of the Agreement shall continue in full force and effect.

IN WITNESS WHEREOF, The Parties have executed this Agreement on the day or days and year written below.

CITY

CITY OF KERMAN,
a municipal corporation
________________________________
John Jansons, City Manager
Date: ________________, 2023
ATTEST:

Josie Camacho, Interim City Clerk
APPROVED AS TO FORM:

Hilda Cantú Montoy, City Attorney

DEVELOPER

CENTRAL VALLEY COALITION FOR
AFFORDABLE HOUSING, a California
nonprofit public benefit corporation
________________________________
Davis Slajchert
Date: ________________, 2023
140
Section 7, Item A.

Attachment 'B'
141
Section 7, Item A.

STAFF REPORT
MEETING DATE: December 13, 2023
PRESENTER: Mayor Pacheco
SUBJECT: Resolution Appointing Members to the Planning Commission and Parks, Recreation and Community Services Commission
RECOMMENDATION: Council by motion adopt resolution concurring with appointments by Mayor Pacheco of one applicant to the Planning Commission and two applicants to the Parks, Recreation and Community Services Commission.

EXECUTIVE SUMMARY:

The Kerman Planning Commission has one position available for a two year term beginning January 1, 2024 and expiring on December 31, 2025.

The Kerman Parks, Recreation and Communtiy Serivces Commison has four openings. One position is for a one-year term beginning on January 1, 2024 and expiring on December 31, 2025. Three positions, for three-year terms beginning on January 1, 2024 and expiring on December 31, 2026 are also vacant.

An announcement for vacancies was published in the Kerman News and posted on the City website with an appllcation dedline of Friday, December 1, 2023.

Three applications were received for the one Planning Commission position and I nominate and recommend appointment of Scott Bishop to the two-year term.

Of the three applications received for the Parks, Recreation and Community Serivices Commision, one was ineligible because the applicant lives outside the City’s Sphere of Influence. With the other two applications, I nominate and recommend Lora Nehring and Daniel Perez for appointment to the open three-year term positions.

The applicants have been invited to attend the City Council meeting and may be asked to introduce themselves, share their interest in serving in these capacities and answer any questions the City Council may have if deseried.

Members of the public will also have the opportunity to address the City Council on the proposed appointments.

The City Council shall consider the Mayor’s nominations and consider their approval by motion to appoint the nominees. To pass, the motion will require three votes. In the event a motion 142
Section 7, Item B.
does not receive three votes, follow up motions may be made until a motion receives three votes. Voting will continue until the vacancies are filled.

Upon approval by City Council, Resolutions A and B attached, are adopted.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Draft Planning Commission Resolution
B. Draft Parks, Recreation and Community Services Commision Resolution C. Applications
143
Section 7, Item B.

Attachment ‘A’
RESOLUTION NO. 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

APPOINTING MEMBERS TO THE PLANNING COMMISSION
WHEREAS, the Mayor shall nominate and appoint members to the City Planning Commission; and
WHEREAS, the City Council shall consider such nominations and appointments of members to the Planning Commission; and
WHEREAS, applications were received to fill one vacancy on the Planning Commission for a two year term ending December 31, 2025; and
WHEREAS, the Mayor nominated and appointed Mr. Scott Bishop to serve a two year term; and WHEREAS, at the December 13, 2023 City Council Meeting, the City Council voted to approve the appointment by Mayor.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KERMAN as follows:

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

Section 2. Mr. Scott Bishop is appointed to a two-year term beginning January 1, 2024 and ending December 31, 2026 to the Planning Commission.

Section 3. This Resolution is effective upon adoption.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
__________________________
Maria Pacheco
Mayor
ATTEST:
___________________________
Josie Camacho
Interim City Clerk
144
Section 7, Item B.

Attachment ‘B’
RESOLUTION NO. 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN
APPOINTING MEMBERS TO THE PARKS, RECREATION and Community SERVICES COMMISSION WHEREAS, the Mayor shall nominate and appoint members to the Parks, Recreation and Community Services Commission; and
WHEREAS, the City Council shall consider such nominations and appointment of members to the Parks, Recreation and Community Services Commission; and WHEREAS, applications were received to fill four vacancies on the Parks, Recreation and Community Services Commission for one, one-year two year term beginning on January 1, 2024 and ending December 31, 2024 and for three vacancies for terms of three years each beginning January 1, 2024 and ending December 31, 2026
WHEREAS, the Mayor has nominated Ms. Lora Nehring and Mr. Daniel Perez to each serve three year terms, and
WHEREAS, at the December 13, 2023 City Council Meeting, the City Council voted to approve the nominations by Mayor.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KERMAN as follows:

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

Section 2. Ms. Lora Nehring and Mr. Daniel Perez are appointed to a three-year term beginning January 1, 2024 and ending December 31, 2026 to the Parks, Recreation and Community Services Commission
Section 3. This Resolution is effective upon adoption.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
__________________________
Maria Pacheco,
Mayor
ATTEST:
___________________________
Josie Camacho
Interim City Clerk
145
Section 7, Item B.

STAFF REPORT
MEETING DATE: December 13, 2023
PRESENTER: John Jansons, City Manager
SUBJECT: City Council Attendance at California League of Cities: Mayors and Council Members Academy (JAJ)
RECOMMENDATION: City Council select members to attend California League of Cities, Mayors and Council Meeting if a majority of Council wishes to attend the conference.

EXECUTIVE SUMMARY:

Mayor Pacheco has requested that City Council consider Council Members attendance at the California League of Cities, Mayors and Council Members Academy (Academy).

This three day conference and training is on Wednesday January 24, through Friday January 26, 2024 in Monterrey California. The Academy overview is presented as ATTACHMENT A.

The approximate cost per attendee including registration, lodging, travel and sustenance is approximately $1400 per person. This activity is not currently budgeted for in the City Council training and travel and budget, but a budget adjustment can be made to accommodate the final cost.

Should a majority (three or more) of the Council Members wish to attend, then the regularly scheduled City Council meeting of January 24 would need to be cancelled or rescheduled.

As required, if a majority of the Council wish to attend they are reminded to avoid discussing can City business besides the content of the training to remain in compliance with the Ralph M. Brown Act.

ATTACHMENTS:

A. California League of Cities, Mayors and Council Members Academy Overview 146
Section 7, Item C.
11/15/23, 9:13 AM Mayors and Council Members Academy | Cal Cities https://www.calcities.org/education-and-events/event/2024/01/24/default-calendar/mayors-and-council-members-academy 1/29 Mayors and Council Members
Academy
January 24-26, 2024
Monterey Marriott
350 Calle Principal, Monterey, CA
Register* (https://my.calcities.org/Events/Calendar-Of-Events/Meeting-Home-Page? meetingid=%7bD22DB878-6368-EE11-9AE7-000D3A19AAEA%7d)
Whether you’re a new mayor or city council member, or you’ve been serving your community for years, this academy is for you. The academy covers the legal, financial, and practical fundamentals to your job as an elected city official. Just as vital, you’ll have opportunities to foster relationships with your peers. Sessions also include an update on key legislative issues and an overview of your Cal Cities services.

Save the date for the next academy on Jan. 24-26, 2024 at the Monterey Marriott.
147
Section 7, Item C. Attachment 'A'
11/15/23, 9:13 AM Mayors and Council Members Academy | Cal Cities https://www.calcities.org/education-and-events/event/2024/01/24/default-calendar/mayors-and-council-members-academy 2/29 For registration questions, please contact Megan Dunn
(mailto:[email protected]) . For other questions, please contact Kayla Boutros (mailto:[email protected]?
subject=2024%20Mayors%20and%20Council%20Members%20Academy) .

Please see our event and meeting policies (/education-and-events/event-andmeeting-policies-26201#0) . *With an update in technology, registration will now happen directly through your MyCalCities account. If you have not used your MyCalCities account already, please review details about the portal (/about-MyCalCities) and contact us for questions. You will be asked to log in to register. Registration will require a credit card.
2024 Academy Information
Registration 
Full Registration Includes:
admission to all educational sessions
admission to Wednesday lunch, Thursday breakfast and lunch, Thursday evening reception, and Friday breakfast
access to all program materials
With an update in technology, registration will now happen directly through your MyCalCities account. Please take a moment to set up your account so you are ready to go! If you have not used your MyCalCities account already, please review details about the portal (/about-MyCalCities) and contact us for questions.

Register online (https://my.calcities.org/Events/Calendar-Of-Events/MeetingHome-Page?meetingid=%7bD22DB878-6368-EE11-9AE7-000D3A19AAEA%7d) 148
Section 7, Item C.
11/15/23, 9:13 AM Mayors and Council Members Academy | Cal Cities https://www.calcities.org/education-and-events/event/2024/01/24/default-calendar/mayors-and-council-members-academy 3/29 through your MyCalCities account by Monday, Jan. 15.

If you are registering someone other than yourself, first sign in as yourself and then choose the option to register someone else.

Note: Registrations through MyCalCities are available for credit card payments only. If you need to be invoiced and pay with a check, create your account and then reach out to conference registrar, Megan Dunn (mailto:[email protected]?subject=AC%20Registration) to request an invoice.

Full payment is due at the time of registration.

To request an accommodation or for inquiries about accessibility, please contact conference registrar, Megan Dunn (mailto:[email protected]) . Every effort will be made to honor requests submitted.

View Cal Cities’ event and meeting policies (/education-and-events/event-andmeeting-policies-26201) in advance of the seminar.

Conference Registration Fees
Member-City Officials and Staff $675
Non-Member City Officials and Staff $1,675
Guest Reception Pass $50
*The guest/spouse fee is restricted to persons who are not city or public officials, are not related to any Cal Cities Partner or sponsor, and would have no professional reason to attend the conference. It includes admission to the Legislative Reception only. There is no refund for the cancellation of a guest/spouse registration. It is not advisable to use city funds to register a guest/spouse.

Refund Policy
Advance registrants unable to attend will receive a refund of rate paid, minus a $75 processing charge, only when a written request is submitted to Megan Dunn (mailto:[email protected]) , and received on or before Jan. 15. 149
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Hotel and Travel 
A limited number of hotel rooms are available at a reduced rate for conference attendees. The discounted hotel rate cut-off is Wednesday, Jan. 3, 2024.

STEP ONE: Register for the Academy
Registration can be completed through your MyCalCities Portal (https://my.calcities.org/) .

NOTE: Instructions on how to access your portal can be found at this link. (/about-MyCalCities)
STEP TWO: Book a hotel room
Hotels are subject to sell out prior to the deadline – reserve early! Academy Location:

Monterey Marriott
350 Calle Principal
Monterey, CA 93940
Group Hotel Rate (per night): $239 – Single/Double Occupancy (plus tax and fees)
Hotel Changes or Cancellations
Hotel reservation changes, date modifications, early check-out, or cancellations must be made directly through the hotel. Please note that after Wednesday, Jan. 3, 2024 has passed, you may incur a financial penalty and minimum one-night room charge or attrition fees.

PLEASE NOTE: The information you provide to Cal Cities when registering for a Cal Cities conference or meeting may be shared with the conference or meeting hotel(s). The hotel(s) will also share with Cal Cities the information you provide to the hotel(s) when you make your hotel reservation for the 150
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CAUTION! You must be registered for the conference prior to booking a hotel room. Do not make a hotel reservation unless you are sure it is needed. Your city/company will be financially responsible for all cancellation/attrition fees. If you are making hotel reservations for others, please confirm with each individual in advance, that they actually need hotel accommodations and intend to use them on the dates you are reserving.

Parking and Transportation
The Monterey Marriott is located in the heart of Monterey’s historic downtown district, a few miles from Monterey Regional Airport and 75 miles from San Jose International Airport. Valet parking is available at a current cost of $40 per day for overnight guests. Self-parking is available at public garages nearby.
*Please note parking rate and taxes are subject to change without notice.

Schedule at a Glance
*Schedule subject to change
View the 2024 Mayors and Council Members schedule here (/docs/defaultsource/new-mayors-and-council-members-academy-session-materials/2024-mcmaschedule-for-website--sessions-only.pdf?sfvrsn=b9286afe_3) .

Wednesday, Jan. 24
Registration Open
8:00 a.m.-5:00 p.m.

151
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9:00-11:00 a.m.

Opening General Session
11:30 a.m.-12:30 p.m.

Networking Luncheon with your Division
12:30-1:45 p.m.

Educational Session
2:00-3:30 p.m.

Educational Session
3:45-5:15 p.m.

Thursday, Jan. 25
Registration Open
7:30 a.m.-5:00 p.m.

Networking Breakfast
7:30-9:00 a.m.

Educational Session
9:00-10:15 a.m.

Educational Session
10:30 a.m.-12:00 p.m.

Networking Lunch
12:00-1:15 p.m.

Educational Session
1:30-3:00 p.m.
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3:15-4:45 p.m.

Networking Reception
5:00-6:00 p.m.

Friday, Jan. 26
Registration Open
7:15-11:00 a.m.

Breakfast
7:15-8:15 a.m.

Educational Session
8:15-9:45 a.m.

AB 1234 Session
10:15 a.m.-12:15 p.m.

Adjourn
12:15 p.m.

Explore Previous Academies 
2023 Academy Session Descriptions
View the 2023 New Mayors and Council Members Northern California program (/docs/default-source/new-mayors-and-council-members-academysession-materials/2023-nmcma-north-online-program.pdf?sfvrsn=13186972_14) .

Northern California
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Harassment Prevention Training for Supervisors and Officials (AB 1661)
9:00-11:00 a.m.

This informational and interactive workplace harassment prevention training will focus on current and emerging issues resulting from the #MeToo movement, and teach officials and supervisors how to identify, prevent, and properly respond to workplace harassment, discrimination, retaliation, and abusive conduct in order to avoid personal and agency liability in compliance with AB 1825/2053/1661 and SB 396.

The Institute for Local Government is a State Bar of California minimum continuing legal education (MCLE) approved provider and certifies this activity meets the standards for MCLE credit by the State Bar of California in the total amount of 2 hours (general credits). Provider #13881
Your Cal Cities and How To Use It
11:30 a.m.-12:30 p.m.

As a city official, you are the League of California Cities. Meet the Cal Cities leadership team and learn about the organization’s mission and structure, the advocacy and educational tools Cal Cities provides, and how you can get the most out of your membership.

Networking Luncheon with your Divisions
12:30-1:30 p.m.

Take this opportunity to sit with members of your regional division and meet your Cal Cities Regional Public Affairs Manager.
154
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1:45-3:15 p.m.

Successful communities require highly effective governance and management, key to which is a positive city council/city manager working relationship guided by good, open communication. This session will help you to better appreciate the roles that the city council governing body, individual council members, and the city manager fulfill in a successful working relationship based on effective communication and sound governance practices.

Your Legal Powers and Obligations; Open Government and Conflicts of Interest
3:30-5:00 p.m.

You were elected to make things happen in your city. Learn the breadth and limitations of your powers as a city official. Then, acquire a basic understanding of the legal authorities and restrictions under which cities and city officials operate, with a focus on open government laws, such as the Brown Act and the Public Records Act, and laws pertaining to conflicts of interest.

Legislative Reception
5:30-6:30 p.m.

Planned with League Partners
Take this opportunity to network with your peers from throughout the state after a full day of educational sessions. Assembly Members and Senators from throughout the state are invited to attend. Maps to the MIX Downtown are available at registration.
155
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Understanding Public Service Ethics Laws and Principles (AB 1234) 7:45-9:45 a.m.

State law requires elected and appointed officials to receive two hours of training in specified ethics laws and principles every two years. Newly elected and appointed officials must receive this training within one year of becoming a public servant. Join a panel of experts as they help navigate the ethics laws and principles.

The Institute for Local Government is a State Bar of California minimum continuing legal education (MCLE) approved provider and certifies this activity meets the standards for MCLE credit by the State Bar of California in the total amount of 2 hours (general credits). Provider #13881
Policy Role in Land Use Planning
10:00-11:00 a.m.

Land use planning is one of the most important parts of a city official’s responsibilities due to the long-term impacts it can have on a community’s environment, economic vitality, and the physical health of its residents. Learn about tools and processes in land use planning, such as the general plan, zoning, and the California Environmental Quality Act, as well as the role of regional agencies and the state. This knowledge will help you foster a solid working relationship with your city’s planning commission and planning staff.

Effective Advocacy and Key City Issues
11:15 a.m.-12:30 p.m.
156
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An Irregular Meeting of the City Council of Dysfunction Junction: The Do’s and Don’ts of Conducting a Public Meeting
1:45-3:15 p.m.

Enjoy a popular depiction of a city council meeting gone awry and learn from its mistakes.

Social Media/Digital Communications and Civic Engagement 3:30-5:00 p.m.

With constant advancements in social media over the last several years, it can be hard to keep up with the “do’s and don’ts” of every platform. Moreover, as misinformation increases, elected officials need to be quick on their feet and have the necessary skills to proactively manage public perceptions about local governmental affairs. Discover what cities should be doing to communicate with their constituents in the 21st century, and the rules that elected officials must follow.

Friday, January 20 
Financial Responsibilities, City Revenues Workshop (Part 1) 8:30-10:00 a.m.

Learn about your responsibilities as an elected official when exercising fiduciary accountability and transparency in open government. In this enlightening conversation, discuss the local government financial cycle, elected official financial oversight duties, and state and local funding relationships, and the four stages of fiscal meltdown. Plus, learn how to 157
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Financial Responsibilities, City Revenues Workshop (Part 2) 10:15-11:45 a.m.

Learn about your responsibilities as an elected official when exercising fiduciary accountability and transparency in open government. In this enlightening conversation, discuss the local government financial cycle, elected official financial oversight duties, and state and local funding relationships, and the four stages of fiscal meltdown. Plus, learn how to be a better leader by discovering how to avoid micromanagement and manage complacency. The importance of structurally balanced budget tips for setting city council goals and the need for financial policies will be stressed during this session.

View the 2023 New Mayors and Council Members Academy Southern California Program (/docs/default-source/advocacy/2023-new-mayors-and-councilmembers-academy-south-program.pdf?sfvrsn=6b5eaf6e_3) .

Southern California
Wednesday, February 1 
Registration Open
8:00 a.m.-4:00 p.m.
158
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Sign-in will begin 30 minutes prior to the session and you must be present for the full two hours to receive the certification of attendance. Entry will be prohibited once the session begins.
9:00-11:00 a.m.

This informational and interactive workplace harassment prevention training will focus on current and emerging issues, and teach officials and supervisors how to identify, prevent, and properly respond to workplace harassment, discrimination, retaliation, and abusive conduct in order to avoid personal and agency liability in compliance with AB 1825, AB 2053, AB 1661 and SB 396.

The Institute for Local Government is a State Bar of California minimum continuing legal education (MCLE) approved provider and certifies this activity meets the standards for MCLE credit by the State Bar of California in the total amount of 2 hours (general credits). Provider #13881
Speaker
Anni Safarloo, Associate, Liebert Cassidy Whitmore
Your Cal Cities and How To Use It
11:30 a.m.-12:30 p.m.

As a city official, you are the League of California Cities. Meet the Cal Cities leadership team and learn about the organization’s mission and structure, the advocacy and educational tools Cal Cities provides, and how you can get the most out of your membership.
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Lori Ogorchock, Department Director, Mayors and Council Members Department and Council Member, Antioch
Speakers
Carolyn Coleman, Executive Director and CEO, League of California Cities
Ali Sajjad Taj, President, League of California Cities and Council Member, Artesia
Networking Luncheon
12:30-1:30 p.m.

Developing an Effective City Council and City Manager Team: The Key to Good Governance and City Success
1:45-3:15 p.m.

Successful communities require highly effective governance and management, key to which is a positive city council/city manager working relationship guided by good, open communication. This session will help you to better appreciate the roles that the city council governing body, individual council members, and the city manager fulfill in a successful working relationship based on effective communication and sound governance practices.

Moderator
Pat Martel, West Coast Regional Director, ICMA
Speakers
Denise Davis, Council Member, Redlands
Charles Duggan, City Manager, Redlands
160
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3:30-5:00 p.m.

You were elected to make things happen in your city. Learn the breadth and limitations of your powers as a city official. Then, acquire a basic understanding of the legal authorities and restrictions under which cities and city officials operate, with a focus on open government laws, such as the Brown Act and the Public Records Act, and laws pertaining to conflicts of interest.

Moderator and Speaker
Corrie Manning, General Counsel, League of California Cities Speaker
Thomas Brown, Of Counsel, Burke, Williams & Sorensen, LLP Thursday, February 2 
Registration Open
7:00 a.m.-5:30 p.m.

Networking Breakfast
7:30-9:00 a.m.

Understanding Public Service Ethics Laws and Principles (AB 1234) Sign-in will begin 30 minutes prior to the session and you must be present for the full two hours to receive the certification of attendance.

Entry will be prohibited once the session begins.
7:45-9:45 a.m.
161
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The Institute for Local Government is a State Bar of California minimum continuing legal education (MCLE) approved provider and certifies this activity meets the standards for MCLE credit by the State Bar of California in the total amount of 2 hours (general credits). Provider #13881
Speakers
Lauren Langer, Partner, Best Best & Krieger, LLP
Megan Garbaldi, Partner, Best Best & Krieger, LLP
Policy Role in Land Use Planning
10:00-11:00 a.m.

Land use planning is one of the most important parts of a city official’s responsibilities due to the long-term impacts it can have on a community’s environment, economic vitality, and the physical health of its residents. Learn about tools and processes in land use planning, such as the general plan, zoning, and the California Environmental Quality Act, as well as the role of regional agencies and the state. This knowledge will help you foster a solid working relationship with your city’s planning commission and planning staff.

Moderator
John Minto, Immediate Past President, Mayors and Council Members Department and Mayor, Santee
Speakers
Eric Nelson, Planning Commissioner, Dana Point
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Effective Advocacy and Key City Issues
11:15 a.m.-12:30 p.m.

Meet the League of California Cities’ legislative team and learn about the 2023 Cal Cities Action Agenda, legislative calendar, and trending issues in the Legislature. The Cal Cities team will also share ideas for establishing practical skills to develop persuasive arguments and testimony that will serve your city’s interests.

Moderator
Melanie Perron, Deputy Executive Director, Advocacy and Public Affairs, League of California Cities
Speakers
Bismarck Obando, Director of Public Affairs, League of California Cities Jason Rhine, Assistant Director, Legislative Affairs, League of California Cities
Elisa Arcidiacono, Legislative Representative, League of California Cities
Caroline Cirrincione, Legislative Representative, League of California Cities
Damon Conklin, Legislative Representative, League of California Cities Johnnie Piña, Legislative Representative, League of California Cities Nicolas Romo, Legislative Representative, League of California Cities Jessica Sankus, Senior Policy and Legislative Analyst, League of California Cities
Networking Lunch
12:30-1:30 p.m.

An Irregular Meeting of the City Council of Dysfunction Junction: The 163 Section 7, Item C.
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1:45-3:15 p.m.

Enjoy a popular depiction of a city council meeting gone awry and learn from its mistakes.

Facilitators
Christi Hogin, Of Counsel, Best Best & Krieger, LLP
Michael Jenkins, Of Counsel, Best Best & Krieger, LLP
Social Media/Digital Communications and Civic Engagement 3:30-5:00 p.m.

With constant advancements in social media over the last several years, it can be hard to keep up with the “do’s and don’ts” of every platform. Moreover, as misinformation increases, elected officials need to be quick on their feet and have the necessary skills to proactively manage public perceptions about local governmental affairs. Discover what cities should be doing to communicate with their constituents in the 21st century, and the rules that elected officials must follow.

Moderator
John Minto, Immediate Past President, Mayors and Council Members Department and Mayor, Santee
Speakers
Brandon Castillo, Partner, Bicker, Castillo & FairbanksN. Richard Shreiba, Attorney, Burke, Williams & Sorensen, LLP
Legislative Reception
5:15-6:15 p.m.
164
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Friday, February 3 
Registration Open
7:30-11:00 a.m.

Networking Breakfast
7:30-8:30 a.m.

Financial Responsibilities, City Revenues Workshop
8:30-11:45 a.m.

Learn about your responsibilities as an elected official when exercising fiduciary accountability and transparency in open government. In this enlightening conversation, discuss the local government financial cycle, elected official financial oversight duties, and state and local funding relationships, and the four stages of fiscal meltdown. Plus, learn how to be a better leader by discovering how to avoid micromanagement and manage complacency. The importance of structurally balanced budget tips for setting city council goals and the need for financial policies will be stressed during this session.

Speakers
Michael Coleman, Fiscal Policy Advisor,
CaliforniaCityFinance.comChristina Turner, City Manager, Morgan Hill Closing Remarks
11:45 a.m.-noon
165
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Lori Ogorchock, Department Director, Mayors and Council Members Department and Council Member, Antioch
2023 Academy Session Materials
*Session materials are posted as they are received.

Resource Guide (/docs/default-source/new-mayors-and-council-membersacademy-session-materials/resource-guide45773fd6-efbf-4e85-8df8- f49dae3a3e94.pdf?sfvrsn=f47fd6ff_3)
Developing an Effective Council and City Manager Team The Key to Good Governance and City Success (/docs/default-source/new-mayorsand-council-members-academy-session-materials/developing-an-effectivecouncil-and-city-manager-team-the-key-to-good-governance-and-citysuccess.pdf?sfvrsn=3a1ab793_3) Effective Advocacy and Key City Issues (/docs/default-source/newmayors-and-council-members-academy-session-materials/effective-advocacyand-key-city-issues3556ee1c-cbf2-469d-a32b-a1a642d77232.pdf? sfvrsn=cc71371f_3)
Harassment Prevention Training for Supervisors and Officials (AB 1661) (/docs/default-source/new-mayors-and-council-members-academysession-materials/harassment-prevention-training-for-supervisors-and-officials- (ab-1661)-(1).pdf?sfvrsn=4600e6fe_3)
Policy Role in Land Use Planning (/docs/default-source/new-mayors-andcouncil-members-academy-session-materials/policy-role-in-land-useplanning1eb40bf1-b9e1-4f5e-81d8-77f22cbea013.pdf?sfvrsn=752073e1_6) Social Media Digital Communications and Civic Engagement (/docs/default-source/new-mayors-and-council-members-academy-sessionmaterials/social-media-digital-communications-and-civic-engagementd37a783fe625-4e0a-9102-9104c8d7059b.pdf?sfvrsn=48ff5c92_3) 166
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11/15/23, 9:13 AM Mayors and Council Members Academy | Cal Cities https://www.calcities.org/education-and-events/event/2024/01/24/default-calendar/mayors-and-council-members-academy 21/29 Understanding Public Service Ethics Laws & Principles AB 1234 Training (/docs/default-source/new-mayors-and-council-members-academysession-materials/understanding-public-service-ethics-laws-principles-ab-1234- training.pdf?sfvrsn=6e38619e_6)
Your Cal Cities and How to Use it (/docs/default-source/new-mayors-andcouncil-members-academy-session-materials/your-cal-cities-and-how-to-useit7c67d3a2-0aa9-4ea6-b745-6b674828b01f.pdf?sfvrsn=7121d8b6_3) Your Legal Powers and Obligations (/docs/default-source/new-mayorsand-council-members-academy-session-materials/your-legal-powers-andobligations-.pdf?sfvrsn=f3dcbfe4_3) Previous Academy Session Materials
2022 Session Materials 
New Mayors and Council Members Academy Resource Guide
(/docs/default-source/new-mayors-and-council-members-academy-sessionmaterials/new-mayors-and-council-members-resource-guide.pdf? sfvrsn=2e2b96de_3)
Cal Cities Annual Report 2021 (/docs/default-source/annual-report/calcities-annual-report-2021-.pdf?sfvrsn=97b0a639_9) Developing an Effective City Council and City Manager Team: Key to Good Governance and City Success (/docs/default-source/newmayors-and-council-members-academy-session-materials/developing-aneffective-city-council-and-city-manager-team-key-to-good-governance-andcity-success.pdf?sfvrsn=d80326cb_3) Effective Advocacy and Key City Issues (/docs/default-source/citymanagers-conference---session-materials/effective-advocacy-and-key-cityissues.pdf?sfvrsn=77d522a9_3) 167
Section 7, Item C.
11/15/23, 9:13 AM Mayors and Council Members Academy | Cal Cities https://www.calcities.org/education-and-events/event/2024/01/24/default-calendar/mayors-and-council-members-academy 22/29 Policy Role in Land Use Planning (/docs/default-source/new-mayorsand-council-members-academy-session-materials/policy-role-in-land-useplanning-.pdf?sfvrsn=f573c841_3) Social Media, Digital Communications, and Civic Engagement (/docs/default-source/new-mayors-and-council-members-academy-sessionmaterials/social-media-digital-communications-and-civic-engagement.pdf? sfvrsn=42fcc4c5_3)
Your Legal Powers and Obligations; Open Government and
Conflicts of Interest (/docs/default-source/new-mayors-and-councilmembers-academy-session-materials/your-legal-powers-and-obligationsopen-government-and-conflicts-of-interest.pdf?sfvrsn=a0133044_3) 2021 Session Materials 
Presentations
Communications and Civic Engagement (/docs/default-source/newmayors-and-council-members-academy-session-materials/communicationsand-civic-engagementf450a2de-fdf8-4ee0-b9ae-2ee98a1d376d.pdf? sfvrsn=8d0e98e9_3)
Effective Advocacy and Key City Issues (/docs/default-source/newmayors-and-council-members-academy-session-materials/effectiveadvocacy-and-key-city-issues72364456-af92-4f67-a930-79c59251b94f.pdf? sfvrsn=f809dcc8_3)
Financial Responsibilities, City-Revenues Workshop (/docs/defaultsource/new-mayors-and-council-members-academy-sessionmaterials/financial-responsibilities-city-revenues-workshop.pdf? sfvrsn=1d4fedb6_3)
From Dangerous Discourse to Extraordinary Engagement
Changing the Conversation on Inclusion (/docs/default-source/newmayors-and-council-members-academy-session-materials/from-dangerousdiscourse-to-extraordinary-engagement-changing-the-conversation-oninclusion.pdf?sfvrsn=edebe570_3) 168
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11/15/23, 9:13 AM Mayors and Council Members Academy | Cal Cities https://www.calcities.org/education-and-events/event/2024/01/24/default-calendar/mayors-and-council-members-academy 23/29 Policy Role in Land Use Planning (/docs/default-source/new-mayorsand-council-members-academy-session-materials/policy-role-in-land-useplanninge6fb659d-e1ed-4c5d-a4b9-9c90f452e283.pdf?sfvrsn=9f92aecf_3) Relationship between City Council and City Management - Martel (/docs/default-source/new-mayors-and-council-members-academy-sessionmaterials/relationship-between-city-council-and-city-management--- martel.pdf?sfvrsn=22ccab78_3)
Your Cal Cities and How to Use It (/docs/default-source/new-mayorsand-council-members-academy-session-materials/your-cal-cities-and-how-touse-it.pdf?sfvrsn=d6a98d33_3) Your Legal Powers and Obligations (/docs/default-source/new-mayorsand-council-members-academy-session-materials/your-legal-powers-andobligationsb3af7943-f06b-4108-aec6-b122e6ab3fa5.pdf?sfvrsn=9c2f6d4e_3) 2021 New Mayors & Council Members Resource Guide
2021 Resource Guide Full Print Version (/docs/default-source/newmayors-and-council-members-academy-session-materials/2021-resourceguide-full-print-version.pdf?sfvrsn=1bc7b609_3) Your Cal Cities and How To Use It (/docs/default-source/new-mayorsand-council-members-academy-session-materials/01.-your-cal-cities-andhow-to-use-it.pdf?sfvrsn=495a4fa_3) Relationship Between City Council and City Manager Staff (/docs/default-source/new-mayors-and-council-members-academy-sessionmaterials/02.-relationship-between-city-council-and-city-manager-staff.pdf? sfvrsn=1e19f8d6_3)
Financial Responsibilities and City Revenues Workshop
(/docs/default-source/new-mayors-and-council-members-academy-sessionmaterials/03.-financial-responsibilities-and-city-revenues-workshop.pdf? sfvrsn=51b4d177_3)
Effective Advocacy & Key City Issues (/docs/default-source/newmayors-and-council-members-academy-session-materials/04.-effective169 Section 7, Item C.
11/15/23, 9:13 AM Mayors and Council Members Academy | Cal Cities https://www.calcities.org/education-and-events/event/2024/01/24/default-calendar/mayors-and-council-members-academy 24/29 advocacy-key-city-issues.pdf?sfvrsn=ab2311d2_3)
Policy Role in Land Use Planning (/docs/default-source/new-mayorsand-council-members-academy-session-materials/05.-policy-role-in-land-useplanning.pdf?sfvrsn=ecaa2aaf_3) Your Legal Powers and obligations (/docs/default-source/new-mayorsand-council-members-academy-session-materials/06.-your-legal-powers-andobligations.pdf?sfvrsn=469dcaf9_3) Communications and Civic Engagement (/docs/default-source/newmayors-and-council-members-academy-session-materials/07.- communications-and-civic-engagement3ffda944-1bb4-48d4-8e81- 0d4ef67480ff.pdf?sfvrsn=66befc54_3)
AB 1661 Sexual Harassment Prevention Training (/docs/defaultsource/new-mayors-and-council-members-academy-session-materials/08.- ab-1661-sexual-harassment-prevention-training.pdf?sfvrsn=2a449b0f_3) AB 1234 Training (/docs/default-source/new-mayors-and-councilmembers-academy-session-materials/09.-ab-1234-training.pdf? sfvrsn=89ed89f0_3)
Your Role as an Elected Official (/docs/default-source/new-mayors-andcouncil-members-academy-session-materials/10-your-role-as-an-electedofficial.pdf?sfvrsn=fceb70b8_3) Understanding City's Departments
(https://www.calcities.org/docs/default-source/new-mayors-and-councilmembers-academy-session-materials/11.-understanding-city'sdepartments.pdf?sfvrsn=8e709311_3) Torch Program (/docs/default-source/new-mayors-and-council-membersacademy-session-materials/12.-torch-program.pdf?sfvrsn=3816f764_3) Acronyms in Local Government (/docs/default-source/new-mayors-andcouncil-members-academy-session-materials/13-acronyms-in-localgovernment.pdf?sfvrsn=8377de3b_3) Additional Resources (/docs/default-source/new-mayors-and-councilmembers-academy-session-materials/14-additional-resources.pdf? sfvrsn=d8a3c8ed_3)
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In the Speaker Center, you can find resources for all speaker-related details including deadlines, presentation guidelines, layout, and structure, speaker agreements, and presentation submission directions.

Should you have any questions, please contact the education department. (mailto:[email protected])
Speaker Agreements and Important Deadlines 
Below are key presenter deadlines and directions on how to complete the Speaker Agreement Form. Providing your digital signature allows Cal Cities to move forward in planning and promoting your session, as well as publish your name and affiliation on our website and in marketing materials. Your contact information will remain strictly confidential.

Important deadlines
Monday, Nov. 6: Complete your Speaker Agreement Form through your MyCalCities Portal (https://my.calcities.org/) and note any specific audiovisual requests. Instructions on how to access your portal can be found at this link. (/about-MyCalCities)
Monday, Jan. 15: Deadline for advance conference registration. Speakers receive complimentary one-day registration or 30% off full conference registration. Please contact Megan Dunn (mailto:[email protected]) by Jan. 171
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Friday, Jan. 12: Submit your final presentation to Cal Cities within the “My Speaking Sessions” section of your MyCalCities Portal
(https://my.calcities.org/) .

Presentation Guidelines 
Our goal is to provide exceptional educational experiences, networking opportunities, and innovative tools that will make attendees and their cities more successful. Studies show that adults learn best when they are actively involved in the process rather than passively listening or watching. Most academy attendees are knowledgeable about the subject, and therefore are interested in hearing what others know and what their experiences have been.

Accordingly, we urge you to plan your presentation with these suggestions in mind.

The most common complaints on session evaluations from prior sacademies are:
"The presentation was a 'sales' pitch for a particular product or service." "I couldn't read the slides."
"One speaker took so much time that the others were not able to give their full presentations."
"I'd like more practical knowledge."
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Relevant content for experienced audiences that stretches thinking and provides new approaches.

Content that is delivered in an engaging way and draws on the experience of the attendees.

Examples and case studies of real success (and successful failures).

Try to add stories, anecdotes, testimonials, or demonstrations that emphasize your point. We all remember a good story, and thus more easily the lesson with it.

Provide tools and information that the audience can implement.

If there are other speakers in your session, coordinate with them in advance to decide your speaking order and ensure that all presentations fit into the assigned time allotment. If you do not have the contact information for your co-presenters, please contact
[email protected] (mailto:[email protected]) .

Selling from the podium creates conflict of interest problems. Education sessions at the Mayors and Council Members Academy should never be an advertisement. Therefore, presentations may not include any commercialism for specific products or consulting services.

Session Layout and Structure 
The League of California Cities encourages our presenters to use the most engaging educational platform possible when speaking at the Mayors and Council Members Academy. We recognize that each session has a unique format and presentation style based on the preferences of the speaker(s) and content being presented, but the following three examples are provided as a general guideline in planning your session.

Panel Discussions: 75 minutes, with up to 3 speakers
Presider (5 minutes)
Welcome
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Introduce speakers
Speaker(s) #1, #2 and #3 (20 minutes)
Summary of relevant experience
Learning objectives
Core session content
Summary of key points
Presider (10 minutes)
Facilitate Q&A
Final comments
Concurrent Session: 75 minutes, 1 speaker
Presider (5 minutes)
Welcome
Frame session
Introduce speaker
Speaker #1 (60 minutes)
Summary of relevant experience
Learning objectives
Core session content
Summary of key points
Presider (10 minutes)
Facilitate Q&A
Final comments
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11/15/23, 9:13 AM Mayors and Council Members Academy | Cal Cities https://www.calcities.org/education-and-events/event/2024/01/24/default-calendar/mayors-and-council-members-academy 29/29 As a reminder, sessions may not include any product/service demonstrations or commercial presentations for specific products or consulting services.

Please contact the education department (mailto:[email protected]) with any questions, concerns or assistance needs you may have. 1400 K Street, Suite 400
Sacramento, CA 95814
P: (916) 658-8200
F: (916) 658-8240
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