Kerman City Council
March 13, 2024

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, March 13, 2024 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630 LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

CONFLICT OF INTEREST. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure of financial interest when the item is called and recuse themselves.

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. 1 3. PRESENTATIONS/CEREMONIAL MATTERS
A. SUBJECT: Proclamation Supporting Gaza Cease Fire
RECOMMENDATION: That Council consider Proclamation supporting Gaza Cease Fire and determine whether to approve.

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.

5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.

A. SUBJECT: Minutes - February 28, 2024
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Payroll (JA)
02/04/2024 - 02/17/2024: $201,217.68; Retro Pay & Other: $4,187.96; Overtime: $13,600.73; Standby: $1,803.73; Comp Time Earned: 40.88
RECOMMENDATION: Council approve payroll as presented.

C. SUBJECT: Warrants (JA)

1. Nos. 28789-28879 $1,492,532.04 ACH $96,437.83.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
D. SUBJECT: Resolution Approving Side Letter Agreement with the Kerman Municipal Employees Association (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving Side Letter Agreement with the Kerman Municipal Employees Association (KMEA) implementing targeted equity adjustments to KMEA salary scales in response to labor market competitiveness. 2 6. PUBLIC HEARINGS
None.

7. DEPARTMENT REPORTS
A. SUBJECT: Professional Service Agreements with Mural Artists (JO) RECOMMENDATION: Council by motion adopt;

1. A resolution approving a professional service agreement for the creation and installation of a mural with Veyna Design Studios, Inc. in the amount of $30,000, and authorize the City Manager to sign the agreement; and

2. A resolution approving a professional service agreement for the creation and installation of a mural with Jose Elias in the amount of $29,500, and authorize the City Manager to sign the agreement.

B. SUBJECT: Appointment of Member to the Parks, Recreation and Community Services Commission.

RECOMMENDATION: Council by motion adopt resolution approving appointment by Mayor Pacheco of one applicant to the Parks, Recreation and Community Services Commission.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items at the request of any one Council Member, and (iv) to take action on matters initiated under this section of the agenda. (Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.)

10. CLOSED SESSION
A. A. Pursuant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: City Manager
Employee Organization: Kerman Miscellaneous Employees Association B. A. Pursuant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: City Manager
Employee Organization: Kerman Peace Officers Association

11. ADJOURNMENT
3 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 Interim City Clerk at [email protected] or calling (559) 846-9450. 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 Interim City Clerk at (559) 846-9450 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, Interim 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: March 8, 2024 /s/ Josie Camacho, Interim City Clerk 4 STAFF REPORT
MEETING DATE: March 13, 2024
PRESENTER: John Jansons, City Manager
SUBJECT: Proclamation Supporting Gaza Cease Fire
RECOMMENDATION: That Council consider Proclamation supporting Gaza Cease Fire and determine whether to approve.

DISCUSSION:

On February 28, 2024 Mayor Pacheco and Councilmember Yep proposed as a future City Council agenda action item, that the City Council consider approval of a Gaza Cease Fire Proclamation.

The proposed proclamation in presented as Attachment ‘A’.

FISCAL IMPACT:

There is no fiscal impact associated with approving a Proclamation beyond City Staff time incurred in the preparation thereof.

ATTACHMENTS:

1. Proclamation
5 Section 3, Item A.

COMMITMENT & SUPPORT FOR IMMEDIATE & PERMANENT

CEASEFIRE IN GAZA
WHEREAS, the City of Kerman believes that all life is precious and that we stand united against violence; the Kerman City Council advocates for the safety, dignity, freedom, and equality of all people, regardless of religion, race, or nationality; and want to see the U.S. leverage its diplomatic relationships “to prevent further violence and civilian deaths"; and
WHEREAS, over 32 thousand innocent lives have perished due to this conflict who have been killed in a matter of weeks, of whom over 60% are children. Gaza is in a dire humanitarian crisis that is getting worse with each passing day, with the only remaining hospitals running out of fuel and medical supplies, and
WHEREAS, over 2 million Palestinians are facing displacement, homelessness, and starvation, and international organizations like Amnesty International, the United Nations, the World Health Organization, the US Agency for International Development, the International Rescue Committee, and many others have made a call for a permanent ceasefire to prevent further loss of lives; and WHEREAS, the City of Kerman recognizes that the current crisis takes place within a long history and affirms that, for a pathway to lasting peace and justice to be developed, the root causes of the crisis need to be addressed.

NOW THEREFORE, BE IT RESOLVED, that the Kerman City Council supports and joins others in calling on our Congress Members to demand an immediate permanent ceasefire; release of all hostages due to this conflict; the unrestricted entry of humanitarian assistance into Gaza; the restoration of food, water, electricity, and medical supplies to Gaza; the respect for international law; and calls for a resolution that protects the security of all civilians. This proclamation shall be distributed to other City Council, state and federal legislators, and President Biden and Vice-President Kamala Harris to use their position and influence to end the violence.

I have hereunto set my hand and caused the Official Seal of the City of Kerman to be affixed on this 13th day of March 2024.
________________________
Maria Pacheco
Mayor
Attachment 'A'
6 Section 3, Item A.

CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, February 28, 2024 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Welcome – Mayor
B. Call to Order - 6:03 p.m.

C. Roll Call
All present except Council Member Herrera and Mayor Pro Tem Nijjer.

D. Invocation - Father Jim Pappas
E. Pledge of Allegiance - Performed

2. AGENDA APPROVAL/ADDITIONS/DELETIONS - None.

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

Mayor Pacheco 3-0-2

3. PRESENTATIONS/CEREMONIAL MATTERS - None.

4. REQUEST TO ADDRESS COUNCIL
Denise Baronian, Executive Director Kerman Chamber of Commerce Dr. Les Buhr
Junior Montoya
Mayor Pro Tem Nijjer arrived at 6:09 p.m.

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS - Motion made by Council Member Yep and Seconded by Mayor Pro Tem Nijjer to move Item 9 before Item 5 with a directive to present a proclamation in support of an immediate and permanent cease fire in Gaza at the March 13 Council meeting. Voting Yea: Yep, Nijjer, Coleman, Pacheco 4-0-1
7 Section 5, Item A.

5. CONSENT CALENDAR
A. SUBJECT: Minutes - February 14, 2024
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Payroll (JA)
01/21/2024 to 02/03/2024: $199,224.86; Retro Pay & Other: $1,276.48; Overtime: $8,001.12; Standby: $1,836.20; Comp Time Earned: 139.70
RECOMMENDATION: Council approve payroll as presented.

C. SUBJECT: Warrants (JA)

1. Nos. 28732-28788 $291,157.77 ACH $86,300.35.

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: Designation of Applicant’s Agent Resolution for Non-State Agencies for State of California, California’s Governor’s Office of Emergency Services (JA) RECOMMENDATION: Council by motion adopt Designation of Applicant’s Agent Resolution Non-State Agencies authorizing City Manager and Finance Director as authorized agents through the State of California, California’s Governor’s Office of Emergency Services.

F. SUBJECT: Award of a Professional Services Contract to GHD, Inc., for the Preparation of the Safe Routes to School (SRTS) and American with Disabilities Act (ADA) Transition Plan (JG) RECOMMENDATION: Council by motion adopt a resolution:

Approving professional services contract for SRTS and ADA Transition Plan Project to GHD, Inc. in the amount of $206,000.00 and;
Authorizing an additional 10% contingency in the amount of $20,600.00 and; Authorizing the City Manager to sign the professional services and subsequent change orders, up to the additional contingency amount on behalf of the City.

Motion made by Council Member Yep and Seconded by Council Member Coleman. Voting Yea:

Yep, Coleman, Nijjer, Pacheco 4-0-1

6. PUBLIC HEARINGS - None.
8 Section 5, Item A.

7. DEPARTMENT REPORTS
A. SUBJECT: Adoption of New Storm Drain Rates (JA)
RECOMMENDATION: It is recommended that the City Council receive the tabulation results regarding the storm drain ballots and adopt the following resolutions:

1. Resolution Accepting the Tabulation Results for the City’s Storm Drain Rates In accordance with Proposition 218; and

2. Resolution Approving Storm Drain Rates Commencing April 1, 2024 and ratifying the Proposition 218 process
Motion made by Council Member Yep and Seconded by Mayor Pro Tem Nijjer. Voting Yea: Yep, Nijjer, Coleman, Pacheco 4-0-1

8. CITY MANAGER/STAFF COMMUNICATIONS

10. CLOSED SESSION
6:47 p.m. Council recess to Closed Session. Council Member Coleman recused from Item 10.B A. A. Pursuant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: City Manager
Employee Organization: Kerman Miscellaneous Employees Association B. A. Pursuant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: City Manager
Employee Organization: Kerman Peace Officers Association 7:38 p.m. reconvene from closed session with no reportable action.

11. ADJOURNMENT - 7:38 p.m.

MINUTES CERTIFICATION
I, Josie Camacho, Interim 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: February 29, 2024 /s/ Josie Camacho, Interim City Clerk 9 Section 5, Item A.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED

ADMINISTRATION
Alvarez, Josefina $ 3,748.31 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,748.31 0.00 Camacho, Josie $ 3,219.85 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,219.85 6.00 Cheema, Akayla $ 2,663.08 $ - 16.02 $ 795.43 0.00 $ - 0.00 $ - $ 3,458.50 0.00 Garcia, Alex $ 1,530.15 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,530.15 2.63 Gonzalez, Diana $ 3,641.16 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,641.16 0.00 Jansons, John $ 7,012.54 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 7,012.54 0.00 Leon, Ulysa $ 1,530.15 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,530.15 0.00 Linares, Vanessa $ 1,793.69 $ - 0.50 $ 16.35 0.00 $ - 0.00 $ - $ 1,810.04 0.00 Lopez, Jacqueline $ 2,386.77 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,386.77 0.00 Mendoza Hernandez, Ariana 1,972.77$ -$ 2.00 72.10$ 0.00 -$ 0.00 -$ $ 2,044.87 0.00 Sandoval, Veronica 1,793.69$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,793.69 0.00 TOTAL 31,292.16$ -$ 18.52 883.88$ 0.00 -$ 0.00 -$ $ 32,176.04 8.63

REC/SOCIAL
Acosta-Parra, Melany 120.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 120.00 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 -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 20.00 0.00 Bankston, Jacob 20.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 9.00 Barrett, Shannon 1,806.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,806.00 0.00 Beltran, Isabelle -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00 Brar, Manreet 72.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 72.00 0.00 Burdine-Slaven, Jeanna 2,304.92$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,304.92 0.00 Chouhan, Arnoop 96.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 96.00 0.00 Chouhan, Gurnoor 96.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 96.00 0.00 Cruz Paramo, Xitlali -$ -$ 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 1,548.92$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,548.92 0.00 Gonzalez Corrales, Aleena 88.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 88.00 0.00 Hurlbert, Ronald 340.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 340.00 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 568.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 568.00 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 408.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 408.00 0.00 Manriquez Valdovinos, Ema 1,454.92$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,454.92 0.00 Martinez, Aylah 635.25$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 635.25 0.00 Martinez, Jeness 120.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 120.00 0.00 Naranjo, Alexander -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00 Nazaroff, Rebekah -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00 Negrete, Dean 1,707.69$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,707.69 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 224.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 224.00 0.00 Tovar, Jessica -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00
Villarreal, Arlene 2,236.62$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,236.62 0.00 TOTAL 25,318.90$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 25,318.90 9.00 OVERTIME HOLIDAY at 1/2 STANDBY
PAY PERIOD: February 04, 2024 - February 17, 2024

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 STANDBY
PAY PERIOD: February 04, 2024 - February 17, 2024
POLICE
Antuna, Miguel 3,247.98$ 87.28$ 9.00 522.00$ 0.00 -$ 0.00 -$ $ 3,857.25 0.00 Arciga, Jose 3,390.91$ 115.70$ 4.00 160.28$ 0.00 -$ 0.00 -$ $ 3,666.89 8.25 Barbosa, Isaias 3,498.53$ 108.98$ 0.00 -$ 0.00 -$ 0.00 -$ $ 3,607.51 0.00 Barcoma, Wilbert 5,142.47$ 123.88$ 0.00 -$ 0.00 -$ 0.00 -$ $ 5,266.35 0.00 Barra, Brenden 2,648.15$ 64.68$ 39.00 $1,800.72 0.00 -$ 0.00 -$ $ 4,513.56 0.00 Barrera, Eduardo 2,662.95$ 70.02$ 0.50 23.78$ 0.00 -$ 8.00 63.40$ $ 2,820.15 0.00 Belding, Jeff 4,458.61$ 116.28$ 10.75 843.90$ 0.00 -$ 0.00 -$ $ 5,418.78 0.00 Castro, Jaclynn 2,598.67$ 61.98$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,660.65 0.00 Chapman, Tom 4,558.52$ 110.08$ 12.00 963.43$ 0.00 -$ 0.00 -$ $ 5,632.03 0.00 Clark, Patrick 3,064.81$ 74.57$ 0.00 -$ 0.00 -$ 0.00 -$ $ 3,139.38 0.00 Cubillos, Munique 2,402.04$ 56.77$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,458.81 0.00 Cubillos, Theresa 3,308.12$ 80.72$ 0.00 -$ 0.00 -$ 0.00 -$ $ 3,388.84 0.00 Farr, Jonathan 2,536.17$ 73.05$ 2.00 90.58$ 0.00 -$ 0.00 -$ $ 2,699.80 0.00 Garcia, Andrew 2,580.31$ 64.78$ 1.00 46.39$ 0.00 -$ 0.00 -$ $ 2,691.49 0.00 Gempis, Danzel 2,356.62$ 59.75$ 28.50 $1,199.35 0.00 -$ 0.00 -$ $ 3,615.71 0.00 Gutierrez, Gloria 2,296.24$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,296.24 0.00 Gutierrez, Luis 2,381.62$ 57.69$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,439.31 0.00 Inthasone, Bryant 2,474.31$ 71.80$ 14.25 795.31$ 0.00 -$ 0.00 -$ $ 3,341.42 0.00 Irazoqui, Mario 1,704.06$ 583.02$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,287.08 0.00 Lopez, Matt 850.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 850.00 0.00 Lozano, Daniel 2,325.18$ 40.55$ 5.00 196.19$ 0.00 -$ 0.00 -$ $ 2,561.91 0.00 Mendoza, Sandra 3,806.20$ 105.87$ 6.00 405.13$ 0.00 -$ 0.00 -$ $ 4,317.20 0.00 Nery De La Cruz, Fabiana 2,244.46$ 54.92$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,299.38 0.00 Ramirez, Victoria 1,808.70$ 45.08$ 1.50 50.87$ 0.00 -$ 0.00 -$ $ 1,904.64 0.00 Roth, Adriana 2,478.03$ 59.13$ 1.00 43.13$ 0.00 -$ 0.00 -$ $ 2,580.30 0.00 Ruiz, Jose 2,478.03$ 80.25$ 34.50 $1,488.14 0.00 -$ 0.00 -$ $ 4,046.42 0.00 Vasquez, Francisco 2,440.53$ 59.13$ 31.00 $1,337.17 0.00 -$ 0.00 -$ $ 3,836.83 0.75 Velez, Bernice 1,906.50$ 58.53$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,965.03 0.00 Wilkins, Steve 5,062.76$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 5,062.76 0.00 TOTAL: 82,711.47$ 2,484.49$ $200.00 $9,966.37 -$ -$ 8.00$ 63.40$ $ 95,225.73 9.00$

PUBLIC WORKS
Arrellano, Antonio 1,960.31$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,960.31 0.00 Barajas, Michael 3,762.85$ 1,703.47$ 0.00 -$ 0.00 -$ 0.00 -$ $ 5,466.32 0.00 Camacho, Armando 1,960.31$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,960.31 0.00 Castro, Joseph 3,063.54$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 3,063.54 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$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,794.80 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 1,626.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,626.00 0.00 Hernandez, Julian 1,843.08$ -$ 9.00 336.20$ 0.00 -$ 27.00 605.16$ $ 2,784.44 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 4.50 Lopez, Josue 1,837.54$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,837.54 3.00 Morales, Andres 408.62$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 408.62 0.00 Ortiz, Carlos 2,055.85$ -$ 0.00 -$ 0.00 -$ 2.00 50.15$ $ 2,105.99 0.00

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 STANDBY
PAY PERIOD: February 04, 2024 - February 17, 2024
Perez, Ruben Lopez $ 1,910.31 $ - 1.00 $ 35.82 0.00 $ - 0.00 $ - $ 1,946.13 0.00 Ramirez, Manuel $ 2,707.51 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,707.51 0.00 Rivera, Hector $ 970.05 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 970.05 0.00 Sanchez, Daniel $ 2,694.55 $ - 3.00 $ 148.76 0.00 $ - 3.00 $ 99.17 $ 2,942.47 0.00 Sanchez, Joseph $ 970.05 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 970.05 0.00 Soto, Samuel $ 2,058.62 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,058.62 3.75 Tinoco, Alfonso $ 2,514.62 $ - 44.75 $2,229.71 0.00 $ - 32.00 $ 985.85 $ 5,730.17 0.00 Valdivia, Blanco $ 1,757.69 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,757.69 3.00 TOTAL $52,431.87 $1,703.47 57.75 $2,750.48 0.00 $ - 64.00 $1,740.33 $ 58,626.15 14.25

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 $ 377.60 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 377.60 0.00 Orozco, Jesus $ 3,763.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,763.92 0.00 TOTAL $ 8,588.29 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 8,588.29 0.00

PLANNING COUNCIL
Bandy, R 75.00$ Yep, G $ 125.00
Molloy, Cory 75.00$ Herrera, I -$
Nehring, K 75.00$ Nijjer, B $ 125.00
Felker, R 75.00$ Coleman, J $ 125.00
Bishop, S 75.00$ Pacheco, M $ 125.00
Total 375.00$ Total $ 500.00
GRAND TOTAL: $201,217.68 $4,187.96 276.27 $13,600.73 0.00 $0.00 72.00 $1,803.73 $220,810.10 40.88

Section 5, Item B.

Accounts Payable
User:

Printed:
vsandoval
3/1/2024 4:00 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
28789 10020 AJ EXCAVATION INC 02/22/2024 959,065.03
28790 12544 AMERICAN PAVING CO 02/22/2024 27,075.00
28791 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 02/22/2024 1,877.86 28792 10040 AT&T MOBILITY 02/22/2024 130.25
28793 10054 BLUE SHIELD OF CALIFORNIA 02/22/2024 55,454.90 28794 12315 CENTRAL CALIFORNIA SPCA 02/22/2024 195.00
28795 10452 CITY OF FRESNO WMD 02/22/2024 568.00
28796 10104 COMCAST 02/22/2024 498.48
28797 11874 CSG CONSULTANTS INC 02/22/2024 10,842.50
28798 12562 MUNIQUE CUBILLOS 02/22/2024 29.74
28799 11382 DATA TICKET INC 02/22/2024 17.21
28800 10128 DEPARTMENT OF JUSTICE 02/22/2024 772.00
28801 12521 EDIS 02/22/2024 1,645.50
28802 10148 ENTENMANN-ROVIN CO 02/22/2024 5,342.16
28803 11398 FASTSIGNS 02/22/2024 861.38
28804 10167 FRESNO MADERA COUNTIES 02/22/2024 300.00
28805 12379 GILL CHEVROLET 02/22/2024 956.92
28806 11358 GREAT AMERICA FINANCIAL SERVICES02/22/2024 187.44 28807 10201 HORIZON 02/22/2024 1,121.38
28808 10514 ICAD INC 02/22/2024 2,100.00
28809 10219 JENSEN & PILEGARD INC 02/22/2024 255.46
28810 10222 JERRY'S AUTOMOTIVE 02/22/2024 180.00
28811 12461 JFS ENTERPRISE INC 02/22/2024 42,750.00
28812 11923 JOE A GONSALVES & SON 02/22/2024 1,250.00
28813 10239 KERWEST INC 02/22/2024 1,298.00
28814 10249 LEAGUE OF CALIFORNIA CITIES 02/22/2024 194.10 28815 11096 LOZANO SMITH LLP 02/22/2024 220.00
28816 10265 MONTOY LAW CORPORATION 02/22/2024 8,220.50
28817 10282 OFFICE DEPOT 02/22/2024 216.98
28818 10289 P.G.& E. 02/22/2024 5,565.79
28819 12523 PAMOIST PET HOSPITAL 02/22/2024 683.50
28820 12026 PRECISION CIVIL ENGINEERING INC 02/22/2024 7,227.50 28821 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 02/22/2024 391.39 28822 10324 RIVERSIDE NURSERY & LANDSCAPE INC02/22/2024 1,147.66 28823 10327 SAFETY KLEEN SYSTEMS INC 02/22/2024 63.75
28824 11650 SITEONE LANDSCAPE SUPPLY COMPANY02/22/2024 719.05 28825 10683 SOLV BUSINESS SOLUTIONS-SAFEGUARD02/22/2024 53.02 28826 12054 SPARKLETTS 02/22/2024 124.85
28827 12368 SPECIALTY HOSE EXPRESS LLC 02/22/2024 66.59 28828 11907 SPRINGBROOK HOLDING COMPANY LLC02/22/2024 25,667.87 28829 10357 TAYLOR MADE IRRIGATION 02/22/2024 10.57
28830 11502 TIREHUB LLC 02/22/2024 778.45
28831 12178 VALLEY ANIMAL CENTER SPAY & NEUTER CLINIC 02/22/2024 84.80 Total for 2/22/2024: 1,166,210.58
ACH 10517 FEDERAL TAXES PAYROLL 02/23/2024 47,644.48
AP Checks by Date - Summary by Check Date (3/1/2024 4:00 PM) Page 1 13 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
ACH 10518 KERMAN POLICE OFFICERS ASSN 02/23/2024 739.75 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN02/23/2024 307.50 ACH 10520 ICMA-RC 02/23/2024 4,237.34
Total for 2/23/2024: 52,929.07
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 02/26/2024 8,026.24 Total for 2/26/2024: 8,026.24
ACH 10522 CALPERS 02/27/2024 35,482.52
Total for 2/27/2024: 35,482.52
28832 10021 ALERT O LITE 03/01/2024 276.95
28833 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 03/01/2024 1,978.94 28834 12181 MARIA ARREDONDO 03/01/2024 400.00
28835 11581 KULWINDER AULAKH 03/01/2024 20.00
28836 10920 JEFF BELDING 03/01/2024 451.92
28837 10617 C A REDING CO INC 03/01/2024 457.29
28838 11985 CAL-FENCE COMPANY 03/01/2024 6,595.00
28839 10092 CENTRAL VALLEY TOXICOLOGY INC 03/01/2024 223.00 28840 11259 CIVIC PLUS INC 03/01/2024 4,401.14
28841 12557 DENCO WELDING 03/01/2024 662.46
28842 10129 DEPARTMENT OF PESTICIDE REG 03/01/2024 50.00 28843 12543 DG CONSTRUCTION INC, 03/01/2024 128,988.37
28844 10139 DOOLEY ENTERPRISES INC 03/01/2024 840.71
28845 11398 FASTSIGNS 03/01/2024 455.07
28846 10157 FERGUSON ENTERPRISES INC 03/01/2024 7,119.59 28847 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 03/01/2024 137.00 28848 10166 FRESNO-MADERA AGENCY ON AGING 03/01/2024 242.14 28849 11642 HUMBERTO GASTELUM 03/01/2024 150.00
28850 11358 GREAT AMERICA FINANCIAL SERVICES03/01/2024 406.83 28851 12270 GLORIA GUTIERREZ 03/01/2024 354.10
28852 10193 HAVENS SECURITY INC 03/01/2024 648.53
28853 10201 HORIZON 03/01/2024 1,688.73
28854 10514 ICAD INC 03/01/2024 1,940.00
28855 10226 JORGENSEN & CO 03/01/2024 2,400.00
28856 12128 JS TOWING 03/01/2024 200.00
28857 12522 HARMEEN KAUR 03/01/2024 76.00
28858 12112 LG ELECTRIC 03/01/2024 950.00
28859 10250 LIEBERT CASSIDY WHITMORE 03/01/2024 261.00
28860 10262 MID VALLEY DISTRIBUTORS INC 03/01/2024 46.65 28861 12507 MARGARET MIMS 03/01/2024 355.37
28862 10272 MUTUAL OF OMAHA 03/01/2024 2,956.36
28863 10282 OFFICE DEPOT 03/01/2024 503.32
28864 10289 P.G.& E. 03/01/2024 13,075.08
28865 12147 PTC INC 03/01/2024 1,259.75
28866 10315 QUINN COMPANY 03/01/2024 1,954.74
28867 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 03/01/2024 221.01 28868 11006 RIGHT NOW PHLEBOTOMY 03/01/2024 125.00
28869 10324 RIVERSIDE NURSERY & LANDSCAPE INC03/01/2024 1,335.21 28870 10330 SAN JOAQUIN VALLEY RAILROAD-GENESEE & WYOMING INC 03/01/2024 1,781.94 28871 12120 MARISOL SANCHEZ 03/01/2024 150.00
28872 12563 DORA SANDOVAL 03/01/2024 450.00
28873 11460 SUPERIOR POOL PRODUCTS LLC 03/01/2024 1,680.40 AP Checks by Date - Summary by Check Date (3/1/2024 4:00 PM) Page 2 14 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
28874 10357 TAYLOR MADE IRRIGATION 03/01/2024 4.30
28875 12555 TODAYS CLASSROOM LLC 03/01/2024 1,062.84
28876 11360 TORRES FENCE CO INC 03/01/2024 260.00
28877 10374 TRI TECH FORENSICS INC 03/01/2024 287.05
28878 11776 WECO INDUSTRIES LLC 03/01/2024 1,999.99
28879 10413 YAMABE & HORN ENGINEERING INC 03/01/2024 134,437.68 Total for 3/1/2024: 326,321.46
Report Total (97 checks): 1,588,969.87
AP Checks by Date - Summary by Check Date (3/1/2024 4:00 PM) Page 3 15 Section 5, Item C.

STAFF REPORT
MEETING DATE: March 13, 2024
PRESENTER: John Jansons, City Manager
SUBJECT: Resolution Approving Side Letter Agreement with the Kerman Municipal Employees Association (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving Side Letter Agreement with the Kerman Municipal Employees Association (KMEA) implementing targeted equity adjustments to KMEA salary scales in response to labor market competitiveness.

DISCUSSION:

In 2020, the City Council approved a three year Memorandum of Understanding (labor bargaining agreement) with the Kerman Municipal Employees Association (KMEA) that included a provision, which obligated the City to conduct a labor market competiveness salary survey for consideration in the third year of the agreement.

Bryce Consulting Inc., with specialized experience in human resources and salary and compensation analytical services, was hired to perform the survey in 2022 for all represented Kerman employees, with Kerman Police Department employees being examined first, and followed by an examination of salary competiveness of Kerman Municipal Employees Association (KMEA) members.

The comparable 11 cities (the survey pool) selected for examination were cities similar to Kerman and its resources and capacity, within a realistic and reasonable commute range, and were reviewed with, and approved by KMEA.

The survey revealed that most positions within the KMEA were compensated below the pool average. As a result, the study proposed salary adjustments to bring each comparable position in line with labor market averages.

In consultation with City Council, staff was authorized to propose salary adjustments to the “60th” percentile, or 10 points above median to reflect the appreciation and value of KMEA members to the City and its leadership and in line with expectation of employee performance.

In order to implement the recommend salary adjustments to KMEA salaries, a Side Letter Agreement (Attachment ‘B’) was negotiated with the KMEA and subsequently ratified by KMEA for City Council consideration and approval. Included with the Side Letter Agreement are the proposed and recommended new salary scales for KMEA employees. 16 Section 5, Item D.

FISCAL IMPACT:

The fiscal impact to the City’s personnel budget will be spread across multiple funds IE: water, streets, wastewater, refuse, utilities etc., with a more direct impact to the General Fund for Administrative (Management Services), Community Development and Community Services personnel. The approximate cost of the recommended targeted equity adjustments for KMEA salaries is $206,000 for Fiscal Year 23/24, with approximately $51,000 of that amount borne by the General Fund.

CONCLUSION:

If adopted, the resolution will be effective immediately and the new salaries will be effective and implemented in the first full payroll period following this approval beginning on March 17, 2024.

ATTACHMENTS:

A. Resolution
B. Attachment A to Resolution (Side Letter Agreement between City of Kerman and KMEA) C. Exhibit A to Side Letter (KMEA Proposed Salary Scales Effective March 17, 2024) 17 Section 5, Item D.

Attachment ‘A’
RESOLUTION NO. 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING SIDE

LETTER AGREEMENT WITH THE KERMAN MUNICIPAL EMPLOYEES ASSOCIATION

IMPLEMENTING TARGETED EQUITY ADJUSTMENTS TO SALARY SCALES

RESULTING FROM COMPARABLE COMPENSATION MARKET STUDY
WHEREAS, the City of Kerman and the Kerman Municipal Employees Association (KMEA) entered into an updated Memorandum of Understanding (MOU) in 2020 covering the period July 1, 2021 to June 30, 2024; and
WHEREAS, the MOU stipulated that during the term of the MOU, the City would commission a comparable salary study to determine local labor market competiveness of the City’s compensation levels; and
WHEREAS, in 2023, the City hired Bryce Consulting Inc., a statewide leader in human resource and compensation analytics; and
WHEREAS, the resulting comparable survey revealed that targeted salary adjustments were warranted to address competiveness for talent; and WHEREAS, the City values and appreciates KMEA employees and recognizes the importance of maintaining competitive salaries and benefits; and WHEREAS, the City is in positive financial circumstances to absorb the recommended salary increases estimated at approximately $206,000 for FY 23/24 for employees of KMEA, at full staffing which allocated to both the General Fund and Enterprise Funds; and WHEREAS, the KMEA membership ratified the Side Letter Agreement prior to it coming before the City Council for consideration of approval.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

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

Section 2. The City Council approves the Side Letter Agreement with KMEA attached as Attachment ‘B’ and incorporated by reference to implement targeted equity adjustments to KMEA salaries including Exhibit A to the Side Letter (the Salary Schedule).

Section 3. Upon approval, the salary adjustments will become effective March 17, 2024 with the first new, full payroll period following this action.

Section 4. This Resolution is effective upon adoption.
18 Section 5, Item D.

The foregoing resolution was adopted at a regular meeting of the City Council of the City of Kerman held on the 13th day of March 2024 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
Interim City Clerk
19 Section 5, Item D.

Attachment 'B'
20 Section 5, Item D.

Exhibit 'A'
21 Section 5, Item D.
22 Section 5, Item D.
23 Section 5, Item D.
24 Section 5, Item D.
25 Section 5, Item D.

STAFF REPORT
MEETING DATE: March 13, 2024
PRESENTER: Jesus R. Orozco, Community Development Director; Theresa Johnson, Community Services Director
SUBJECT: Professional Service Agreements with Mural Artists (JO) RECOMMENDATION: Council by motion adopt;

1. A resolution approving a professional service agreement for the creation and installation of a mural with Veyna Design Studios, Inc. in the amount of $30,000, and authorize the City Manager to sign the agreement; and

2. A resolution approving a professional service agreement for the creation and installation of a mural with Jose Elias in the amount of $29,500, and authorize the City Manager to sign the agreement.

EXECUTIVE SUMMARY:

The City of Kerman applied for and was awarded Clean California grant funding intended for local projects that beautify California highways through a number of activities and programs.

The City’s project scope under the Clean California grant, with assistance from local Measure M funds included; the rehabilitation of the center medians from West C Street up to West Whitesbridge Road, removal and replacement of trees and tree wells, wayfinding signage, streetlight banners, replacement of street furniture, and installation of two murals. Staff completed a Request for Qualifications (RFQ) for artist to prepare and install the murals. Staff received two submittals and determined both submittals were responsive per the City’s Procurement Policy. Approval of the attached professional service agreements would allow the City to direct selected artists to create a final design and install murals at their respective mural locations.

BACKGROUND:

The City released an RFQ on October 26, 2023 inviting qualified artist or group of artist to submit qualifications for the design and creation of two murals for two pre-selected locations.

Artist(s) are expected to create an original mural that incorporates public input and property owner input related to theme, design, colors, material, etc. The mural sizes will range between 50% and 80% of the wall’s surface areas. Staff reviewed and determined the two submittals met the requirements of the RFQ. Below is an excerpt of the Artist’s cost and qualifications. 26 Section 7, Item A.

Artist Artist’s Bid per Mural Experience Mural Location City Budget Veyna Design Studios, Inc. $30,000 + 20 Years 602 S Madera Ave. $30,000 Jose Elias $29,500 + 25 Years 681 S Madera Ave. $30,000 Artist Qualifications
An RFQ was employed to obtain the best competitive value of service consistent with the Kerman Municipal Code (KMC 3.20.090 Consultant and Professional Services). Based on the bullet points listed below, Staff is recommending the City enter into a professional service agreement with Veyna Design Studios, Inc. and Jose Elias, as qualified artists able to:
 Demonstrate skills and previous experience working with the desired medium.  Align skills with the RFQ to the City of Kerman Downtown Revitalization mural program vision.
 Meet project timelines.
 Create and produce a mural within a budgeted cost.

Veyna Design Studios, Inc. is comprised of Colleen Mitchell-Veyna and Kelsey Gilles both with over 20 years of experience creating and installing murals in public settings. Veyna Design Studios, Inc. has experience completing both historical and artistic murals for communities for various Central Valley communities including Kerman.

Jose Elias is a mural artist with over 25 years of professional experience having created 35 murals in different public and school buildings. Jose’s artwork can be seen throughout the valley including the Kerman High School campus. Jose is an art professor with a Master’s of Arts degree from California State University of Fresno.

Based on the selection criteria above, both Veyna Design Studios, Inc. and Jose Elias demonstrated the necessary and desired qualifications. Additionally, Veyna Design Studios, Inc. completed the painting and installation of the Kerman Inn mural located on the south-facing wall of Bejing Garden Restaurant. Mr. Jose Elias also assisted with the restoration of the railroad station mural located on Madera Avenue at the south entrance of the City of Kerman.

Agreement Conditions
General terms and conditions of the agreement include, but are not limited to:
 Artists must create a final mural design that incorporates public input and property owner input, to be reviewed and approved by the City.
 Artists must establish consent from the property owner(s) to enter the mural site.  Artists will be responsible for all mural material.
 Artists must complete the mural within a specified date (June 2024).  Artists must acknowledge the mural will remain as property of the City. 27 Section 7, Item A.

FISCAL IMPACT:

Local Measure M monies with assistance from the Clean California grant have been budgeted as part of the annual budget process to fund up to $30,000 per mural location, for a total possible of up to $60,000 for this activity.

ENVIRONMENTAL DETERMINATION:

The Project undertaken as part of the contract is exempt from further California Environmental Quality Act (CEQA) review per Section 15301 (Existing Facility) and 15311 (Accessory Structures) in connection with permitting a minor alteration to an existing privately owned facility which entails the installation of an on premise sign (mural). Furthermore, none of the exceptions set forth in CEQA Guidelines Section 15300.2 apply to this Project.

ATTACHMENTS:

A. Resolution w/Exhibits (Veyna Design Studios, Inc.)
B. Resolution w/Exhibits (Jose Elias)
28 Section 7, Item A.

Attachment ‘A’
RESOLUTION NO. 24-__

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

PROFESSIONAL SERVICE AGREEMENT FOR THE CREATION AND INSTALLATION OF A MURAL WITH VEYNA DESIGN STUDIOS, INC. IN THE AMOUNT OF $30,000,

AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT
WHEREAS, on October 26, 2023, a Request for Qualifications was released in accordance with the City’s Purchasing System calling for qualified artists for the creation and installation of a mural; and
WHEREAS, the Request for Qualifications was advertised on the City website and sent to various artists and community members with a deadline of November 30, 2023; and WHEREAS, only two Request for Qualification submittal packages were received, opened, and evaluated at City Hall on November 30, 2023, from the following artists:

1. Veyna Design Studios, Inc.

2. Jose Elias
NOW, THEREFORE, the City Council of the City of Kerman does hereby resolve as follows:

1. The above recitals are true and correct and are incorporated herein.

2. The internal review committee determined that the submittal package from Veyna Design Studios, Inc. demonstrated the necessary and desired qualifications to serve the City’s needs.

3. The City Manager or designee is hereby directed to execute the Professional Services Agreement attached as Exhibit ‘A’ for the creation and installation of mural.

The foregoing resolution was approved by the City Council to the City of Kerman at a regular meeting held on the 13th day of March 2024, and was fully adopted at said meeting by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
29 Section 7, Item A.

The foregoing resolution is hereby approved.

_________________________________
Maria Pacheco
Mayor
ATTEST:
________________________
Josie Camacho
Interim City Clerk
30 Section 7, Item A.

Exhibit ‘A’

PROFESSIONAL SERVICE AGREEMENT FOR THE COMPLETION AND

INSTALLATION OF A MURAL BETWEEN THE CITY OF KERMAN AND VEYNA DESIGN STUDIOS, INC.

This PROFESSIONAL SERVICE AGREEMENT FOR THE COMPLETION AND INSTALLATION OF A MURAL AGREEMENT (hereinafter referred to as “AGREEMENT”) is made and entered into effect on March _____, 2024, by and between the City of Kerman, a California municipal corporation, (hereinafter referred to as a “the CITY”) and Veyna Design Studios, Inc. (hereinafter referred to as “the ARTIST”).

RECITALS
WHEREAS, CITY issued a Request for Qualifications (“RFQ”) seeking artists to design and paint a mural or set of murals on two (2) private properties located in the downtown area of the City as identified in the Request for Qualifications.

WHEREAS, ARTIST submitted an application (“APPLICATION”) to the CITY in accordance with the provisions in the Request for Qualifications. The APPLICATION was reviewed and accepted by the CITY. A copy of the RFQ and APPLICATION are attached hereto as Exhibits ‘A-1’ and ‘A-2’ and made a part hereof.

AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals which are part of this AGREEMENT and the terms and conditions hereinafter contained, the CITY and ARTIST mutually agree as follows.

1. SCOPE OF SERVICES.

A. ARTIST will paint a mural on private property identified by address in this Section 1 (A) in accordance with the provisions of the RFQ. If there is any conflict between the provisions of this AGREEMENT, the RFQ or the APPLICATION, the provisions of this AGREEMENT shall control. ARTIST agrees to provide one (1) painted mural with dimensions no less than fifty percent (50%) of the wall’s surface area and no more than eighty percent (80%) of the wall’s surface area, in close conformance with the design depicted on Exhibit ‘A-3’ which is attached hereto and made a part hereof (“MURAL”).

The MURAL will be an original design painted on portable aluminum panels or other CITY-issued material to be installed upon the standalone south-facing wall between La Ramada Restaurant and the abutting vacant lot located at 602 and 632 S. Madera Kerman, California as identified on Exhibit ‘A-4’ which is attached hereto and made a part hereof (“BUILDING”). The wood panels or similar material used by ARTIST shall require approval by CITY.”
B. ARTIST shall complete and transport the MURAL at its designated location on or before June 2, 2024.

C. ARTIST agrees the MURAL will be a specific representation of the submitted and approved mural design as set forth on Exhibit ‘A-3’. ARTIST shall paint the MURAL with only lightfast, artist/professional-grade mural paint or of other equal material or base paint with drying time of less than 24 hours.
31 Section 7, Item A.
2 D. ARTIST acknowledges that the CITY will be the owner of the MURAL.

2. COMPENSATION AND COSTS
CITY agrees to compensate ARTIST the sum of $30,000 (“MURAL FEE”) in consideration of ARTIST’s completion of the MURAL in accordance with the provisions of this AGREEMENT. Thirty percent (30%) of the fee will be paid to ARTIST on the Effective Date and the remaining portion of the MURAL FEE will be paid to ARTIST upon the CITY accepting and issuing a Notice of Completion for the MURAL.

3. DEFAULT OF ARTIST
A. The ARTIST's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that ARTIST is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating ARTIST for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the ARTIST. If such failure by the ARTIST to make progress in the performance of work hereunder arises out of causes beyond the ARTIST's control, and without fault or negligence of the ARTIST, it shall not be considered a default.

B. If the CITY determines that the ARTIST is in default in the performance of any of the terms or conditions of this AGREEMENT, the City Manager shall cause to be served upon the ARTIST a written notice of the default. The ARTIST shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the ARTIST fails to cure its default within such period of time or fails to present the CITY with a written plan for the cure of the default, the CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.

C. In the event that it’s determined that the ARTIST has defaulted, the ARTIST shall be responsible for reembursing the City for any payments made by the CITY to the ARTIST.

4. INDEPENDENT CONTRACTOR
It is expressly understood and agreed ARTIST is an independent contractor and is not an employee of CITY. Neither CITY nor its officers, employees, or agents have control over the conduct of ARTIST or any of ARTIST’S officers, employees, or agents except as set forth in this AGREEMENT. No employee benefits shall be available to ARTIST in connection with the performance of this AGREEMENT. Except for the fees paid to ARTIST under Section 2, CITY shall not pay salaries, wages, or other compensation.

ARTIST shall be solely liable and responsible to pay all required taxes and other obligations, including but not limited to, withholding and Social Security. It is also expressly understood and agreed that, as an independent contractor, ARTIST shall be solely responsible for City permits, business license, workers' compensation, general liability insurance, and accepts all risks and hazards associated with the painting of the MURAL.
32 Section 7, Item A.
3 5. MATERIALS AND EQUIPMENT
ARTIST will supply all materials and equipment needed to paint the MURAL in accordance with the provisions of this AGREEMENT. ARTIST shall use only OSHA compliant scaffolds while painting the MURAL.

6. EQUAL OPPORTUNITY
ARTIST represents it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

ARTIST shall also comply with all relevant provisions of City's programs or guidelines currently in effect or hereinafter enacted regarding equal opportunity employment

7. TERM
The term of this AGREEMENT shall commence on the Effective Date and shall terminate on June 30, 2024, subject to any earlier termination in accordance with this AGREEMENT.

8. TERMINATION
A. This AGREEMENT and all obligations hereunder may be terminated at any time, with or without cause, by the CITY upon written notice to the ARTIST upon ten (10) day’s written notice. ARTIST may terminate this AGREEMENT upon fifteen (15) days’ written notice.

B. If ARTIST fails to perform any of its material obligations under this AGREEMENT, in addition to all other remedies provided by law, City may terminate this AGREEMENT immediately upon written notice.

C. Upon termination with or without cause, all finished and unfinished documents, project data and reports shall, at the option of the City, become its sole property and shall, at ARTIST’s expense, be delivered to the City or to any party it may so designate.

D. In the event termination is without cause, ARTIST shall be entitled to any compensation owing it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment; provided, however, that ARTIST shall be entitled to compensation for work in progress at the time of termination. Notice of termination shall be mailed as follows:

To the City:

City of Kerman
Attn: City Manager
850 S. Madera Avenue
Kerman, CA 93630
33 Section 7, Item A.
4 To the Artist:

Veyna Design Studios, Inc.
24633 Road 152
Tulare, CA 93274

9. INTELLECTUAL PROPERTY
A. CITY’s Sole and Exclusive Ownership Rights. Subject to Section 7(D) of this AGREEMENT, ARTIST shall not retain ownership of or any right, title or interest in any of the MURAL, including but not limited to any of the designs, drawings, paintings, sketches, models, fabrications, audiovisual materials, computer graphics, renderings, writings, or any other media prepared or provided by ARTIST in the performance of this AGREEMENT. The Parties agree that the MURAL prepared or provided by ARTIST in the performance of this AGREEMENT and all such rights, title and interest in or to the MURAL belong to and are being sold and assigned in their entirety to CITY for whatever use it desires, and that CITY, and its successors and assigns, does and shall at all times own, solely and exclusively, complete and unencumbered, all rights, title and interest in and to all of the MURAL worldwide, any modifications thereto and any derivative works based thereon. Nothing contained herein shall be deemed to constitute a mere license or franchise in the CITY and its successors and assigns. The Parties further agree that CITY, and its successors and assigns, will be free to use, modify, distribute, sell, license or otherwise exploit all such MURAL and any modifications to or derivative works based thereon without any restrictions or limitations or any obligations or payments to ARTIST.

The CITY hereby authorizes ARTIST to make, and to authorize the making of, limited photograph and video reproductions of the MURAL for educational and selfpromotional purposes. For purposes of this AGREEMENT, the following are deemed to be photograph and video reproductions for educational and self-promotional purposes:
slides, film strips, and video episodes not intended for a mass audience and used solely for educational programs that are hosted by ARTIST in print media, on ARTIST’s website and social media sites, and on ARTIST’s computers and on any other electronic media, as long as such reproduction is provided to others at no cost. On any and all such reproductions, ARTIST shall place a copyright notice in the form and manner provided by CITY to protect the copyrights in the MURAL under the United States copyright law. In addition, all reproductions shall contain the following credit line unless otherwise requested to the contrary in writing by CITY: “Commissioned by the City of Kerman.”
Under no circumstances shall ARTIST use or make any photograph or video reproductions of the MURAL for commercial purposes and any photograph or video reproductions used or made by ARTIST shall not compete with any CITY endeavor to sell or promote reproductions of the Works. CITY has sole discretion to determine whether a photograph or video reproduction is utilized for educational and selfpromotional purposes or whether the reproduction competes with CITY’s endeavors to sell or promote its reproductions. If the CITY determines that the photograph or video reproduction does not meet the terms of this section, the CITY shall provide written notice to ARTIST and ARTIST shall immediately cease and desist the use of the reproduction.
34 Section 7, Item A.
5 B. Transfer of Rights of Reproduction. ARTIST hereby transfers to CITY, and its successors and assigns, all rights of reproduction, as that term is defined in California Civil Code Section 982, in the MURAL prepared or provided by ARTIST in the performance of this AGREEMENT, including, but not limited to, the right to reproduce the MURAL in any manner whatsoever for commercial and non-commercial purposes.

Hereinafter, ARTIST shall not acquire or claim any rights in or to the MURAL, any uses, reproductions or derivatives thereof or any proceeds therefrom.

C. Waiver of Moral Rights. ARTIST hereby waives, releases and disclaims any rights, demands or claims as may arise at any time and under any circumstances against CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns arising under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. § 106A, California Civil Code § 987 et seq., or any other type of moral right protecting the integrity of works of art. ARTIST acknowledges and agrees that CITY and its successors and assigns, in their sole and exclusive discretion, may, among other acts, temporarily or permanently modify, alter, change or destroy the MURAL. CITY agrees that prior to any proposed destruction of the MURAL, ARTIST shall be provided with a reasonable opportunity to reclaim possession of the MURAL, at no cost to the CITY and its successors and assigns; ARTIST shall be responsible for all costs associated with removal of the MURAL.

D. Copyrights. ARTIST shall retain the copyright and all other rights in and to the MURAL under the Copyright Act of 1976, 17 U.S.C.§ 101 et seq., and all other rights in and to the MURAL except ownership and possession. Artist hereby grants to the CITY an irrevocable license to reproduce the MURAL in any non-commercial manner whatsoever. Use will be governed by generally accepted fair-use doctrine in relation to copyrighted works of art: criticism, comment, news reporting, teaching, scholarship or research. The graphic depiction of the work in materials designed for promotional purposes by CITY and its successors and assigns shall be deemed to be a noncommercial use. Upon final acceptance of the MURAL by CITY all original studies, drawings and designs shall become property of CITY. ARTIST shall deliver to CITY a copy of the registered copyright.

E. Originality of Works. ARTIST represents and warrants that (i) the Works prepared or provided by ARTIST in the performance of this AGREEMENT are and will be original; (ii) at the time of transfer hereunder, ARTIST is the sole owner of the MURAL and of all rights therein including copyright, trademark and other proprietary rights therein; (iii) ARTIST is and will be the sole creator of the MURAL; (iv) ARTIST has and will have full and sufficient right to assign all rights granted herein and to waive all rights relinquished herein; (v) ARTIST is not under any obligation to transfer or sell any of the MURAL to any third party; (vi) all MURAL has not been and will not be published under circumstances which have or will cause a loss of any copyright, trademark or other proprietary rights therein; and (vii) the MURAL does not and will not infringe any patent, copyright, trademark or other proprietary rights, privacy rights or other rights of any third party, nor has any claim (whether or not embodied in a legal action, past or present) of such infringement been threatened or asserted, nor is such a claim pending, against ARTIST (or, insofar as ARTIST is aware, against any entity from which ARTIST has obtained any rights).

F. Patent, Copyright and Trademark Infringement. ARTIST shall defend any action or proceeding brought against CITY or its successors and assigns based on any claim 35 Section 7, Item A.
6 that the MURAL prepared or provided by ARTIST in the performance of this AGREEMENT, or any portion thereof, or the use of the MURAL, or any part thereof, constitutes infringement on any United States patent, copyright or trademark, now or hereafter issued. CITY or its successors and assigns shall give prompt written notice to ARTIST of any such claim or proceeding and will reasonably provide authority, information and assistance in the defense of the same. ARTIST shall indemnify and hold harmless CITY and its successors and assigns from and against all liabilities in any such action or proceeding. ARTIST shall keep CITY and its successors and assigns informed of all new developments in the defense of such actions or proceedings.

10. ASSIGNMENT
ARTIST shall not assign this AGREEMENT or its rights or obligations hereunder to any other person or entity without the prior written consent of the CITY, which consent may be withheld in the sole discretion of the CITY.

11. MURAL WARRANTY AND MAINTENANCE
A. Warranty. The ARTIST shall guarantee the MURAL to be free from faults of material and workmanship for a period of one (1) year after installation and final acceptance by the CITY. The ARTIST shall deliver the MURAL to the CITY free and clear of any liens from any source whatever. These guarantees shall apply only to those aspects of the MURAL which is entirely that of the ARTIST or persons responsible to the ARTIST, as installed, and shall not apply to materials or workmanship of projects in which the ARTIST’s work is integrated or combined, or to materials purchased, acquired, or installed by a person or entity not responsible to the ARTIST.

The ARTIST shall faithfully perform the services required under this AGREEMENT in accordance with standards of care, skill, training, diligence and judgment provided by highly competent professionals who perform work of a similar nature to the MURAL described in this AGREEMENT.

B. Maintenance. ARTIST will be granted a first right to perform maintenance of MURAL for a period of five (5) years. Whether maintenance is needed and when maintenance is needed will be determined by the CITY. Maintenance fees, if maintenance is required, will be determined by the CITY with input by the ARTIST.

12. INDEMNIFICATION
ARTIST agrees to indemnify, defend and hold harmless the CITY and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorney’s fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or anyway related to ARTIST’s or its employees, agents and subcontractor's creation and painting of the Mural and ARTIST's responsibilities and obligations to be performed under this AGREEMENT or its failure to perform or comply with any of its obligations or responsibilities contained in this AGREEMENT. This indemnification shall survive the termination of this AGREEMENT. ARTIST agrees that concurrently with the execution of this AGREEMENT, ARTIST will execute the ARTIST Waiver Form attached hereto as Exhibit “A-5” and made a part hereof.
36 Section 7, Item A.
7 13. COMPLIANCE WITH LAWS
ARTIST shall use the proper standard of care professional expertise in painting the MURAL and shall comply with all applicable federal, state and local laws, codes, ordinances and regulations.

14. INSURANCE
A. Throughout the life of this AGREEMENT, ARTIST shall pay for and maintain in full force and effect all insurance as required in Exhibit “A-6” or as may be authorized, and any additional insurance as may be required, in writing by City Manager or his or her designee at any time and in her sole discretion.

B. If at any time during the life of the AGREEMENT or any extension, ARTIST or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this AGREEMENT shall be discontinued immediately, and all payments due or that become due to ARTIST shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this AGREEMENT. No action taken by CITY pursuant to this section shall in any way relieve ARTIST of its responsibilities under this AGREEMENT. This phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.

15. SOLE AND ONLY AGREEMENT
This AGREEMENT supersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters.

16. SUCCESSORS AND ASSIGNS
Except as otherwise set forth in Section 8 of this AGREEMENT, this AGREEMENT and the provisions of this AGREEMENT shall be binding on the successors and assigns of the parties.

17. INVALIDITY
If any provision of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

18. NOTICE
Any notice, consent, authorization, or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is verified, one (1) business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three (3) business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the party to receive such notice at the last 37 Section 7, Item A.
8 address furnished for such purpose by the party to whom notice is directed and addressed as follows:

CITY: City of Kerman
850 S. Madera Ave
Kerman, CA. 93630
ARTIST:

Veyna Design Studios, Inc.
24633 Road 152
Tulare, CA 93274
E-mail: [email protected]
The parties hereto may change their address as set forth in this paragraph by providing the other party with written notice thereof.

19. ATTORNEY FEES
If an action at law or in equity is necessary to enforce or interpret the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this AGREEMENT, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue, in the County of Fresno, State of California for any proceeding arising hereunder.

20. COUNTERPARTS
This AGREEMENT may be executed in multiple counterparts, (including copies sent to a party by facsimile transmission or email transmission in PDF form), each of which shall be deemed an original, but all of which together, shall constitute one and the same instrument.

21. AMENDMENTS
No change, amendment or modification of this AGREEMENT shall be valid unless the same be in writing and signed by the parties hereto.

22. GOVERNING LAW
This AGREEMENT and the provisions of this AGREEMENT shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT effective on the Effective Date set forth above.
38 Section 7, Item A.
9 CITY OF KERMAN
A municipal corporation
______________________
John Jansons, City Manager
Date: _________, 2024
ARTIST
Veyna Design Studios, Inc.
___________________________
Signature:
___________________________
Print: Name and Title
Date: _________, 2024
ATTEST:
_____________________
Josie Camacho, Interim City Clerk
Date: __________, 2024
APPROVED AS TO FORM:
______________________
Hilda Cantú Montoy, City Attorney
Date: __________, 2024
Veyna Design Studios, Inc.
3/7/2024
39 Section 7, Item A.

City of Kerman
Community Comes First

REQUEST FOR QUALIFICATIONS
Released Date: October 26, 2023

1. OPPORTUNITY
The City of Kerman is seeking a qualified artist or group of artists to design and create murals in the downtown corridor of Kerman.

The purpose of this Request for Qualifications (RFQ) is to select an artist or group of artists to transform two pre-selected walls in downtown Kerman through the creation of an original design.

The mural design must depict the City’s roots and historic features. The goal of the murals is to bring about a new sense of energy to the City’s downtown.

The City and its community members believe a focus on this type of public art will generate significant interest in downtown and will draw local residents and tourists alike to this important part of the City. This will have positive social and economic spinoffs for the entire community. To that end, murals not only have the ability to create a sense of energy, but they also can enable a safe community that in an otherwise dark and dilapidated alley or on a blank canvas wall may attract graffiti and vandalism.

2. MURAL LOCATIONS
The following sites have been approved to receive a mural. The exact size of the mural and location on the building will be determined in collaboration with the City, artist, and property owner.

Mural Location 1 – 602 S Madera Ave; surface - masonry block wall ± 72’
± 10’
EXHIBIT 'A-1'

REQUEST FOR QUALIFICATIONS
40 Section 7, Item A.

Mural Location 2 – 681 S Madera Ave; surface – CMU wall

3. MURAL CONTENT
The murals should depict Kerman through a historical or community lense. The murals may include relevant historical events such as the train robbery. Murals may also illustrate community events such as the Harvest Festival and Almond Festival. Mural messaging should clearly communicate “community pride” with emphasis on the demographic make-up e.g. Punjabi, Mexican, El Salvadorian, Russian.

When possible and practical, murals should be interactive or engaging as to invite individuals to stop and view the mural. Murals may use vibrant colors, however, should not create a visual nuisance or be distracting to pass-through traffic.
± 10’
± 83’
41 Section 7, Item A.

4. MURAL PARAMETERS
Artist(s) are expected to create an original mural based off community input related to theme, design, colors, material, etc. The mural size will vary depending on the site’s available surface area. Artist’ should be prepared to design a mural between 50% and 80% of the surface areas, as shown in Section 2 of this RFQ. One of the mural locations must take inspiration from the following two example murals, to include “KERMAN”, in an original art form.

5. SELECTION PROCESS
A panel consisting of City of Kerman staff will engage in the selection process to review all artist submissions. The panel will review for; (i) completeness of submission material, (ii) artist’s costs of creating the mural, and (iii) past mural experience. The lowest bidder(s) will be interviewed by City of Kerman staff and mural site property owners. The selected artist(s) will be required to enter into an agreement with the City.

6. ARTIST SELECTION CRITERIA
The artist may submit qualifications for one or both mural locations. Submissions to the call will be reviewed and decisions made based on:
 Demonstrated skills and previous experience working with thismedium.  Alignment of the RFQ to the City of Kerman Downtown Revitalization mural programs vision for these murals.
 Ability to meet project timeline.
 Cost of creating or producing murals
The City of Kerman reserves the right to accept or reject, in whole or in part (one or both), any and all bids received in response to this RFQ; to waive or permit cure of minor irregularities; and to conduct discussions with any or all qualified companies or artists in any manner necessary to serve the best interests of the City. This RFQ creates no obligation on the part of the City to award a contract. 42 Section 7, Item A.

7. SUBMISSION REQUIREMENTS
 Submit the following documentation:
o Bid Form: Complete the form attached to this document. o Biography or Resume
o Work Samples: Submit up to three (3) supporting image examples of previous work. One image per page. Include artist name(s), title, year, location and medium information on each page.
o Website (if available)
o Separate Written Bid/Budget for each mural
o Maintenance Plan: Wall Preparation/Method/Materials; Paint Type/Brand/Application; Post Material Product;
o A draft sketch with the dimensions of the mural per the mural location(s).  Artist’s Responsibilities:
o Performing all services and furnishing all of the supplies, materials, and/or equipment necessary for the fabrication of the provided mural renderings. This performance must be in accordance with specified project schedule.
o Creation of work that utilizes durable materials resistant to vandalism and requires minimal maintenance. A high quality exterior varnish will be applied to secure the longevity of the mural.
o Company policy as to when extra costs apply to proposal.  Planned Project Timeline:
o Submission Deadline - November 30, 2023
o Artist Award Announced - January 2024
o Mural Completion Deadline - May 31, 2024
o Schedule may change subject to muralist readiness

8. ADDITIONAL INFORMATION
The selected artist or artist team will be required to carry a minimum of $1,000,000 liability insurance.

The following options are available:

1. Artists may purchase liability coverage from a local broker and provide the City of Kerman with a copy of the certificate of insurance.

2. Artists may already have coverage in force (either under homeowners’ insurance or an individual policy). If this is the case, we would ask that they provide the City of Kerman with a copy of the certificate of liability insurance.
43 Section 7, Item A.

9. INQUIRIES CONCERNING THIS RFQ
Please direct any questions or comments to the following by 4:00 PM on November 17, 2023 to:

Theresa Johnson, Community Services Director, by email [email protected] or by phone at 559-846-9328.

10.ARTIST MAINTENANCE PLAN
This is a sample only. Some elements may not apply to your qualifications. An original maintenance plan must be submitted with each mural location.

Accomplishment of Public Art Mural Project (italics indicate details to be completed by the artist) This (include unique dimension and size) mural is to be on a concrete and block wall.

The wall will be prepared by (Indicate actual preparation plans, what materials will be used, name brands where applicable, make up of those materials, and how they are applied.) A high-quality exterior varnish or equal will be applied to secure the longevity of the mural, done by the artist accordingto the manufacturer’sinstructionsif appropriate to the materials used.

Recommended future maintenance plan. (For example, routine surface inspections, surface cleaning, additional coats of protective paint, etc.)
Applicant signature: Date:
44 Section 7, Item A.

11.City of Kerman Bid Form
Name:

Team Name (if applicable):

Address:

Phone: Email:

Website (if applicable):

Explain why you are interested in this opportunity and why you feel you are qualified to undertake a project of this nature:

Describe how your qualifications align with the desired vision and how your design will suit the downtown Kerman streetscape:

Signature: Date:

Your signature will guarantee the proposed production quote will be effective for 120 days.

To be considered, please submit sealed qualifications by 4:00 PM November 30, 2023, and deliver to:

Marci Reyes, City Clerk
Kerman City Hall
850 S. Madera Ave
Kerman, CA 93630
45 Section 7, Item A.
11 EXHIBIT ‘A-2’

APPLICATION
Paper Copy On File
46 Section 7, Item A.
12 EXHIBIT ‘A-3’
Mural Concept Concept 2
Concept 1
47 Section 7, Item A.
13 EXHIBIT ‘A-4’

BUILDING INFORMATION
Address: 602 & 632 South Madera Avenue
APN: 023-241-01S & 023-241-11S
Mural Location: stand-alone south-facing wall, accessible from the adjoining vacant lot Wall Dimensions: approximately 13’ in height by 75’ in length Mural Location
48 Section 7, Item A.
14 EXHIBIT ‘A-5’

ARTIST WAIVER FORM

RELEASE OF LIABILITY, WAIVER OF RIGHT TO SUE,

ASSUMPTION OF RISK AND AGREEMENT TO PAY CLAIMS
Regarding the display of the Artist's artwork in the City of Kerman as set forth in the Professional Services Mural Agreement of even date herewith (“AGREEMENT”):

In consideration for the opportunity to be selected and allowed to display my original works of art in the form of a mural as identified in the AGREEMENT, on behalf of myself and my next of kin, heirs and representatives, I release from all liability and promise not to sue the City, its employees, officers, directors, agents and volunteers (collectively "City") from any and all claims, including, but not limited to, violations of Freedom of Speech, Due Process, negligence, or any other claim under California or constitutional law, resulting in any injury, damages, economic or emotional loss I may suffer by submitting artwork for the opportunity to be selected, and the display of my artwork in the City.

I am voluntarily submitting my original artwork that I alone claim ownership thereof. I understand that my artwork may not be selected for display in the City. I understand if my artwork is on display in the City it may be removed at any time with or without notice to me, at the sole discretion of the City. I understand that my artwork may be relocated to another part of the City with or without notice. I am aware of and assume the risk that my artwork may be damaged or destroyed while in the City.

Nonetheless, I assume the risks, both known or unknown to me, and waive all rights to sue the City by submitting my artwork for selection and display in the City.

I agree to hold the City harmless from any and all claims, including attorney's fees and any damages to my rights or artwork that may occur as a result of my submission of artwork for display in the City.

I understand the legal consequences of signing this document, including (a) releasing the City from all liability, (b) promising not to sue the City, (c) and assuming all risks associated with displaying, handling, or storing my artwork in the City.

I understand that this document is written to be as broad and inclusive as legally permitted in the State of California. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms.

I have read this document, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.

Artist Signature: _______________________________

Artist Name (print): ____________________________ Date:_______________ Veyna Design Studios, Inc. 3/7/2024 49 Section 7, Item A.
15 EXHIBIT ‘A-6’

INSURANCE REQUIREMENTS
ARTIST shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the ARTIST, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with limits no less than $1,000,000 per occurrence.

If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if ARTIST has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if ARTIST provides written verification it has no employees) 4 Professional Liability (Errors and Omissions) Insurance appropriates to the ARTIST’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the ARTIST maintains higher limits than the minimums shown above, the Entity requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the auto policy with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the ARTIST; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the ARTIST including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the ARTIST’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage For any claims related to this contract, the ARTIST’s insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the ARTIST’s insurance and shall not contribute with it.

Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity.

Waiver of Subrogation ARTIST hereby grants to CITY a waiver of any right to subrogation which any insurer of said ARTIST may acquire against the CITY by virtue of the payment of any loss under such insurance. ARTIST agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.
50 Section 7, Item A.
16 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the CITY. The CITY may require the ARTIST to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

Claims Made Policies If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the ARTIST must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage ARTIST shall furnish the CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause.

All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the ARTIST’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors ARTIST shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and ARTIST shall ensure that CITY is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 51 Section 7, Item A.

Attachment ‘B’
RESOLUTION NO. 24-__

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

PROFESSIONAL SERVICE AGREEMENT FOR THE CREATION AND INSTALLATION OF A MURAL WITH JOSE ELIAS, IN THE AMOUNT OF $29,500 AND AUTHORIZE

THE CITY MANAGER TO SIGN THE AGREEMENT
WHEREAS, on October 26, 2023, a Request for Qualifications was released in accordance with the City’s Purchasing System calling for qualified artists for the creation and installation of a mural; and
WHEREAS, the Request for Qualifications was advertised on the City website and sent to various artists and community members with a deadline of November 30, 2023; and WHEREAS, only two Request for Qualification submittal packages were received, opened, and evaluated at City Hall on November 30, 2023, from the following artists:

1. Veyna Design Studios, Inc.

2. Jose Elias
NOW, THEREFORE, the City Council of the City of Kerman does hereby resolve as follows:

1. The above recitals are true and correct and are incorporated herein.

2. The internal review committee determined that the submittal package from Jose Elias demonstrated the necessary and desired qualifications to serve the City’s needs.

3. The City Manager or designee is hereby directed to execute the Professional Services Agreement attached as Exhibit ‘A’ for the creation and installation of mural.

The foregoing resolution was approved by the City Council to the City of Kerman at a regular meeting held on the 13th day of March 2024, and was fully adopted at said meeting by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
52 Section 7, Item A.

The foregoing resolution is hereby approved.

_________________________________
Maria Pacheco
Mayor
ATTEST:
________________________
Josie Camacho
Interim City Clerk
53 Section 7, Item A.

Exhibit ‘A’

PROFESSIONAL SERVICE AGREEMENT FOR THE COMPLETION AND

INSTALLATION OF A MURAL BETWEEN THE CITY OF KERMAN AND JOSE ELIAS
This PROFESSIONAL SERVICE AGREEMENT FOR THE COMPLETION AND INSTALLATION OF A MURAL AGREEMENT (hereinafter referred to as “AGREEMENT”) is made and entered into effect on March _____, 2024, by and between the City of Kerman, a California municipal corporation, (hereinafter referred to as a “the CITY”) and Jose Elias (hereinafter referred to as “the ARTIST”).

RECITALS
WHEREAS, CITY issued a Request for Qualifications (“RFQ”) seeking artists to design and paint a mural or set of murals on two (2) private properties located in the downtown area of the City as identified in the Request for Qualifications.

WHEREAS, ARTIST submitted an application (“APPLICATION”) to the CITY in accordance with the provisions in the Request for Qualifications. The APPLICATION was reviewed and accepted by the CITY. A copy of the RFQ and APPLICATION are attached hereto as Exhibits ‘A-1’ and ‘A-2’ and made a part hereof.

AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals which are part of this AGREEMENT and the terms and conditions hereinafter contained, the CITY and ARTIST mutually agree as follows.

1. SCOPE OF SERVICES.

A. ARTIST will paint a mural on private property identified by address in this Section 1 (A) in accordance with the provisions of the RFQ. If there is any conflict between the provisions of this AGREEMENT, the RFQ or the APPLICATION, the provisions of this AGREEMENT shall control. ARTIST agrees to provide one (1) painted mural with dimensions no less than fifty percent (50%) of the wall’s surface area and no more than eighty percent (80%) of the wall’s surface area, in close conformance with the design depicted on Exhibit ‘A-3’ which is attached hereto and made a part hereof (“MURAL”).

The MURAL will be an original design painted on portable aluminum panels or other CITY-issued material to be installed upon the south-facing exterior wall of the building located at 681 S. Madera Avenue, Kerman, California as identified on Exhibit ‘A-4’ which is attached hereto and made a part hereof (“BUILDING”). The wood panels or similar material used by ARTIST shall require approval by CITY.” B. ARTIST shall complete and transport the MURAL at its designated location on or before June 2, 2024.

C. ARTIST agrees the MURAL will be a specific representation of the submitted and approved mural design as set forth on Exhibit ‘A-3’. ARTIST shall paint the MURAL with only lightfast, artist/professional-grade mural paint or of other equal material or base paint with drying time of less than 24 hours.

D. ARTIST acknowledges that the CITY will be the owner of the MURAL. 54 Section 7, Item A.
2 2. COMPENSATION AND COSTS
CITY agrees to compensate ARTIST the sum of $29,500 (“MURAL FEE”) in consideration of ARTIST’s completion of the MURAL in accordance with the provisions of this AGREEMENT. Thirty percent (30%) of the fee will be paid to ARTIST on the Effective Date and the remaining portion of the MURAL FEE will be paid to ARTIST upon the CITY accepting and issuing a Notice of Completion for the MURAL.

3. DEFAULT OF ARTIST
A. The ARTIST's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that ARTIST is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating ARTIST for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the ARTIST. If such failure by the ARTIST to make progress in the performance of work hereunder arises out of causes beyond the ARTIST's control, and without fault or negligence of the ARTIST, it shall not be considered a default.

B. If the CITY determines that the ARTIST is in default in the performance of any of the terms or conditions of this AGREEMENT, the City Manager shall cause to be served upon the ARTIST a written notice of the default. The ARTIST shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the ARTIST fails to cure its default within such period of time or fails to present the CITY with a written plan for the cure of the default, the CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.

C. In the event that it’s determined that the ARTIST has defaulted, the ARTIST shall be responsible for reembursing the City for any payments made by the CITY to the ARTIST.

4. INDEPENDENT CONTRACTOR
It is expressly understood and agreed ARTIST is an independent contractor and is not an employee of CITY. Neither CITY nor its officers, employees, or agents have control over the conduct of ARTIST or any of ARTIST’S officers, employees, or agents except as set forth in this AGREEMENT. No employee benefits shall be available to ARTIST in connection with the performance of this AGREEMENT. Except for the fees paid to ARTIST under Section 2, CITY shall not pay salaries, wages, or other compensation.

ARTIST shall be solely liable and responsible to pay all required taxes and other obligations, including but not limited to, withholding and Social Security. It is also expressly understood and agreed that, as an independent contractor, ARTIST shall be solely responsible for City permits, business license, workers' compensation, general liability insurance, and accepts all risks and hazards associated with the painting of the MURAL.
55 Section 7, Item A.
3 5. MATERIALS AND EQUIPMENT
ARTIST will supply all materials and equipment needed to paint the MURAL in accordance with the provisions of this AGREEMENT. ARTIST shall use only OSHA compliant scaffolds while painting the MURAL.

6. EQUAL OPPORTUNITY
ARTIST represents it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

ARTIST shall also comply with all relevant provisions of City's programs or guidelines currently in effect or hereinafter enacted regarding equal opportunity employment

7. TERM
The term of this AGREEMENT shall commence on the Effective Date and shall terminate on June 30, 2024, subject to any earlier termination in accordance with this AGREEMENT.

8. TERMINATION
A. This AGREEMENT and all obligations hereunder may be terminated at any time, with or without cause, by the CITY upon written notice to the ARTIST upon ten (10) day’s written notice. ARTIST may terminate this AGREEMENT upon fifteen (15) days’ written notice.

B. If ARTIST fails to perform any of its material obligations under this AGREEMENT, in addition to all other remedies provided by law, City may terminate this AGREEMENT immediately upon written notice.

C. Upon termination with or without cause, all finished and unfinished documents, project data and reports shall, at the option of the City, become its sole property and shall, at ARTIST’s expense, be delivered to the City or to any party it may so designate.

D. In the event termination is without cause, ARTIST shall be entitled to any compensation owing it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment; provided, however, that ARTIST shall be entitled to compensation for work in progress at the time of termination. Notice of termination shall be mailed as follows:

To the City:

City of Kerman
Attn: City Manager
850 S. Madera Avenue
Kerman, CA 93630
56 Section 7, Item A.
4 To the Artist:

Jose Elias
610 El Monte Street
Madera CA, 93637

9. INTELLECTUAL PROPERTY
A. CITY’s Sole and Exclusive Ownership Rights. Subject to Section 7(D) of this AGREEMENT, ARTIST shall not retain ownership of or any right, title or interest in any of the MURAL, including but not limited to any of the designs, drawings, paintings, sketches, models, fabrications, audiovisual materials, computer graphics, renderings, writings, or any other media prepared or provided by ARTIST in the performance of this AGREEMENT. The Parties agree that the MURAL prepared or provided by ARTIST in the performance of this AGREEMENT and all such rights, title and interest in or to the MURAL belong to and are being sold and assigned in their entirety to CITY for whatever use it desires, and that CITY, and its successors and assigns, does and shall at all times own, solely and exclusively, complete and unencumbered, all rights, title and interest in and to all of the MURAL worldwide, any modifications thereto and any derivative works based thereon. Nothing contained herein shall be deemed to constitute a mere license or franchise in the CITY and its successors and assigns. The Parties further agree that CITY, and its successors and assigns, will be free to use, modify, distribute, sell, license or otherwise exploit all such MURAL and any modifications to or derivative works based thereon without any restrictions or limitations or any obligations or payments to ARTIST.

The CITY hereby authorizes ARTIST to make, and to authorize the making of, limited photograph and video reproductions of the MURAL for educational and selfpromotional purposes. For purposes of this AGREEMENT, the following are deemed to be photograph and video reproductions for educational and self-promotional purposes:
slides, film strips, and video episodes not intended for a mass audience and used solely for educational programs that are hosted by ARTIST in print media, on ARTIST’s website and social media sites, and on ARTIST’s computers and on any other electronic media, as long as such reproduction is provided to others at no cost. On any and all such reproductions, ARTIST shall place a copyright notice in the form and manner provided by CITY to protect the copyrights in the MURAL under the United States copyright law. In addition, all reproductions shall contain the following credit line unless otherwise requested to the contrary in writing by CITY: “Commissioned by the City of Kerman.”
Under no circumstances shall ARTIST use or make any photograph or video reproductions of the MURAL for commercial purposes and any photograph or video reproductions used or made by ARTIST shall not compete with any CITY endeavor to sell or promote reproductions of the Works. CITY has sole discretion to determine whether a photograph or video reproduction is utilized for educational and selfpromotional purposes or whether the reproduction competes with CITY’s endeavors to sell or promote its reproductions. If the CITY determines that the photograph or video reproduction does not meet the terms of this section, the CITY shall provide written notice to ARTIST and ARTIST shall immediately cease and desist the use of the reproduction.
57 Section 7, Item A.
5 B. Transfer of Rights of Reproduction. ARTIST hereby transfers to CITY, and its successors and assigns, all rights of reproduction, as that term is defined in California Civil Code Section 982, in the MURAL prepared or provided by ARTIST in the performance of this AGREEMENT, including, but not limited to, the right to reproduce the MURAL in any manner whatsoever for commercial and non-commercial purposes.

Hereinafter, ARTIST shall not acquire or claim any rights in or to the MURAL, any uses, reproductions or derivatives thereof or any proceeds therefrom.

C. Waiver of Moral Rights. ARTIST hereby waives, releases and disclaims any rights, demands or claims as may arise at any time and under any circumstances against CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns arising under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. § 106A, California Civil Code § 987 et seq., or any other type of moral right protecting the integrity of works of art. ARTIST acknowledges and agrees that CITY and its successors and assigns, in their sole and exclusive discretion, may, among other acts, temporarily or permanently modify, alter, change or destroy the MURAL. CITY agrees that prior to any proposed destruction of the MURAL, ARTIST shall be provided with a reasonable opportunity to reclaim possession of the MURAL, at no cost to the CITY and its successors and assigns; ARTIST shall be responsible for all costs associated with removal of the MURAL.

D. Copyrights. ARTIST shall retain the copyright and all other rights in and to the MURAL under the Copyright Act of 1976, 17 U.S.C.§ 101 et seq., and all other rights in and to the MURAL except ownership and possession. Artist hereby grants to the CITY an irrevocable license to reproduce the MURAL in any non-commercial manner whatsoever. Use will be governed by generally accepted fair-use doctrine in relation to copyrighted works of art: criticism, comment, news reporting, teaching, scholarship or research. The graphic depiction of the work in materials designed for promotional purposes by CITY and its successors and assigns shall be deemed to be a noncommercial use. Upon final acceptance of the MURAL by CITY all original studies, drawings and designs shall become property of CITY. ARTIST shall deliver to CITY a copy of the registered copyright.

E. Originality of Works. ARTIST represents and warrants that (i) the Works prepared or provided by ARTIST in the performance of this AGREEMENT are and will be original; (ii) at the time of transfer hereunder, ARTIST is the sole owner of the MURAL and of all rights therein including copyright, trademark and other proprietary rights therein; (iii) ARTIST is and will be the sole creator of the MURAL; (iv) ARTIST has and will have full and sufficient right to assign all rights granted herein and to waive all rights relinquished herein; (v) ARTIST is not under any obligation to transfer or sell any of the MURAL to any third party; (vi) all MURAL has not been and will not be published under circumstances which have or will cause a loss of any copyright, trademark or other proprietary rights therein; and (vii) the MURAL does not and will not infringe any patent, copyright, trademark or other proprietary rights, privacy rights or other rights of any third party, nor has any claim (whether or not embodied in a legal action, past or present) of such infringement been threatened or asserted, nor is such a claim pending, against ARTIST (or, insofar as ARTIST is aware, against any entity from which ARTIST has obtained any rights).

F. Patent, Copyright and Trademark Infringement. ARTIST shall defend any action or proceeding brought against CITY or its successors and assigns based on any claim 58 Section 7, Item A.
6 that the MURAL prepared or provided by ARTIST in the performance of this AGREEMENT, or any portion thereof, or the use of the MURAL, or any part thereof, constitutes infringement on any United States patent, copyright or trademark, now or hereafter issued. CITY or its successors and assigns shall give prompt written notice to ARTIST of any such claim or proceeding and will reasonably provide authority, information and assistance in the defense of the same. ARTIST shall indemnify and hold harmless CITY and its successors and assigns from and against all liabilities in any such action or proceeding. ARTIST shall keep CITY and its successors and assigns informed of all new developments in the defense of such actions or proceedings.

10. ASSIGNMENT
ARTIST shall not assign this AGREEMENT or its rights or obligations hereunder to any other person or entity without the prior written consent of the CITY, which consent may be withheld in the sole discretion of the CITY.

11. MURAL WARRANTY AND MAINTENANCE
A. Warranty. The ARTIST shall guarantee the MURAL to be free from faults of material and workmanship for a period of one (1) year after installation and final acceptance by the CITY. The ARTIST shall deliver the MURAL to the CITY free and clear of any liens from any source whatever. These guarantees shall apply only to those aspects of the MURAL which is entirely that of the ARTIST or persons responsible to the ARTIST, as installed, and shall not apply to materials or workmanship of projects in which the ARTIST’s work is integrated or combined, or to materials purchased, acquired, or installed by a person or entity not responsible to the ARTIST.

The ARTIST shall faithfully perform the services required under this AGREEMENT in accordance with standards of care, skill, training, diligence and judgment provided by highly competent professionals who perform work of a similar nature to the MURAL described in this AGREEMENT.

B. Maintenance. ARTIST will be granted a first right to perform maintenance of MURAL for a period of five (5) years. Whether maintenance is needed and when maintenance is needed will be determined by the CITY. Maintenance fees, if maintenance is required, will be determined by the CITY with input by the ARTIST.

12. INDEMNIFICATION
ARTIST agrees to indemnify, defend and hold harmless the CITY and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorney’s fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or anyway related to ARTIST’s or its employees, agents and subcontractor's creation and painting of the Mural and ARTIST's responsibilities and obligations to be performed under this AGREEMENT or its failure to perform or comply with any of its obligations or responsibilities contained in this AGREEMENT. This indemnification shall survive the termination of this AGREEMENT. ARTIST agrees that concurrently with the execution of this AGREEMENT, ARTIST will execute the ARTIST Waiver Form attached hereto as Exhibit “A-5” and made a part hereof.
59 Section 7, Item A.
7 13. COMPLIANCE WITH LAWS
ARTIST shall use the proper standard of care professional expertise in painting the MURAL and shall comply with all applicable federal, state and local laws, codes, ordinances and regulations.

14. INSURANCE
A. Throughout the life of this AGREEMENT, ARTIST shall pay for and maintain in full force and effect all insurance as required in Exhibit “A-6” or as may be authorized, and any additional insurance as may be required, in writing by City Manager or his or her designee at any time and in her sole discretion.

B. If at any time during the life of the AGREEMENT or any extension, ARTIST or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this AGREEMENT shall be discontinued immediately, and all payments due or that become due to ARTIST shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this AGREEMENT. No action taken by CITY pursuant to this section shall in any way relieve ARTIST of its responsibilities under this AGREEMENT. This phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.

15. SOLE AND ONLY AGREEMENT
This AGREEMENT supersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters.

16. SUCCESSORS AND ASSIGNS
Except as otherwise set forth in Section 8 of this AGREEMENT, this AGREEMENT and the provisions of this AGREEMENT shall be binding on the successors and assigns of the parties.

17. INVALIDITY
If any provision of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

18. NOTICE
Any notice, consent, authorization, or other communication to be given hereunder shall be in writing and shall be deemed duly given and received when delivered personally, when transmitted by facsimile or e-mail if receipt is verified, one (1) business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three (3) business days after being mailed by first class mail, charges and postage prepaid, properly addressed to the party to receive such notice at the last 60 Section 7, Item A.
8 address furnished for such purpose by the party to whom notice is directed and addressed as follows:

CITY: City of Kerman
850 S. Madera Ave
Kerman, CA. 93630
ARTIST:

Jose Elias
610 El Monte Street
Madera, CA 93637
E-mail: [email protected]
The parties hereto may change their address as set forth in this paragraph by providing the other party with written notice thereof.

19. ATTORNEY FEES
If an action at law or in equity is necessary to enforce or interpret the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this AGREEMENT, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue, in the County of Fresno, State of California for any proceeding arising hereunder.

20. COUNTERPARTS
This AGREEMENT may be executed in multiple counterparts, (including copies sent to a party by facsimile transmission or email transmission in PDF form), each of which shall be deemed an original, but all of which together, shall constitute one and the same instrument.

21. AMENDMENTS
No change, amendment or modification of this AGREEMENT shall be valid unless the same be in writing and signed by the parties hereto.

22. GOVERNING LAW
This AGREEMENT and the provisions of this AGREEMENT shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT effective on the Effective Date set forth above.
61 Section 7, Item A.
9 CITY OF KERMAN
A municipal corporation
______________________
John Jansons, City Manager
Date: _________, 2024
ARTIST
Jose Elias
610 El Monte Street
Madera Ca, 93637
___________________________
Signature:
___________________________
Print: Jose Elias, Principal Artist
Date: _________, 2024
ATTEST:
_____________________
Josie Camacho, Interim City Clerk
Date: __________, 2024
APPROVED AS TO FORM:
______________________
Hilda Cantú Montoy, City Attorney
Date: __________, 2024
Jose Elias
3-8-2024
62 Section 7, Item A.

City of Kerman
Community Comes First

REQUEST FOR QUALIFICATIONS
Released Date: October 26, 2023

1. OPPORTUNITY
The City of Kerman is seeking a qualified artist or group of artists to design and create murals in the downtown corridor of Kerman.

The purpose of this Request for Qualifications (RFQ) is to select an artist or group of artists to transform two pre-selected walls in downtown Kerman through the creation of an original design.

The mural design must depict the City’s roots and historic features. The goal of the murals is to bring about a new sense of energy to the City’s downtown.

The City and its community members believe a focus on this type of public art will generate significant interest in downtown and will draw local residents and tourists alike to this important part of the City. This will have positive social and economic spinoffs for the entire community. To that end, murals not only have the ability to create a sense of energy, but they also can enable a safe community that in an otherwise dark and dilapidated alley or on a blank canvas wall may attract graffiti and vandalism.

2. MURAL LOCATIONS
The following sites have been approved to receive a mural. The exact size of the mural and location on the building will be determined in collaboration with the City, artist, and property owner.

Mural Location 1 – 602 S Madera Ave; surface - masonry block wall ± 72’
± 10’
EXHIBIT 'A-1'

REQUEST FOR QUALIFICATIONS
63 Section 7, Item A.

Mural Location 2 – 681 S Madera Ave; surface – CMU wall

3. MURAL CONTENT
The murals should depict Kerman through a historical or community lense. The murals may include relevant historical events such as the train robbery. Murals may also illustrate community events such as the Harvest Festival and Almond Festival. Mural messaging should clearly communicate “community pride” with emphasis on the demographic make-up e.g. Punjabi, Mexican, El Salvadorian, Russian.

When possible and practical, murals should be interactive or engaging as to invite individuals to stop and view the mural. Murals may use vibrant colors, however, should not create a visual nuisance or be distracting to pass-through traffic.
± 10’
± 83’
64 Section 7, Item A.

4. MURAL PARAMETERS
Artist(s) are expected to create an original mural based off community input related to theme, design, colors, material, etc. The mural size will vary depending on the site’s available surface area. Artist’ should be prepared to design a mural between 50% and 80% of the surface areas, as shown in Section 2 of this RFQ. One of the mural locations must take inspiration from the following two example murals, to include “KERMAN”, in an original art form.

5. SELECTION PROCESS
A panel consisting of City of Kerman staff will engage in the selection process to review all artist submissions. The panel will review for; (i) completeness of submission material, (ii) artist’s costs of creating the mural, and (iii) past mural experience. The lowest bidder(s) will be interviewed by City of Kerman staff and mural site property owners. The selected artist(s) will be required to enter into an agreement with the City.

6. ARTIST SELECTION CRITERIA
The artist may submit qualifications for one or both mural locations. Submissions to the call will be reviewed and decisions made based on:
 Demonstrated skills and previous experience working with thismedium.  Alignment of the RFQ to the City of Kerman Downtown Revitalization mural programs vision for these murals.
 Ability to meet project timeline.
 Cost of creating or producing murals
The City of Kerman reserves the right to accept or reject, in whole or in part (one or both), any and all bids received in response to this RFQ; to waive or permit cure of minor irregularities; and to conduct discussions with any or all qualified companies or artists in any manner necessary to serve the best interests of the City. This RFQ creates no obligation on the part of the City to award a contract. 65 Section 7, Item A.

7. SUBMISSION REQUIREMENTS
 Submit the following documentation:
o Bid Form: Complete the form attached to this document. o Biography or Resume
o Work Samples: Submit up to three (3) supporting image examples of previous work. One image per page. Include artist name(s), title, year, location and medium information on each page.
o Website (if available)
o Separate Written Bid/Budget for each mural
o Maintenance Plan: Wall Preparation/Method/Materials; Paint Type/Brand/Application; Post Material Product;
o A draft sketch with the dimensions of the mural per the mural location(s).  Artist’s Responsibilities:
o Performing all services and furnishing all of the supplies, materials, and/or equipment necessary for the fabrication of the provided mural renderings. This performance must be in accordance with specified project schedule.
o Creation of work that utilizes durable materials resistant to vandalism and requires minimal maintenance. A high quality exterior varnish will be applied to secure the longevity of the mural.
o Company policy as to when extra costs apply to proposal.  Planned Project Timeline:
o Submission Deadline - November 30, 2023
o Artist Award Announced - January 2024
o Mural Completion Deadline - May 31, 2024
o Schedule may change subject to muralist readiness

8. ADDITIONAL INFORMATION
The selected artist or artist team will be required to carry a minimum of $1,000,000 liability insurance.

The following options are available:

1. Artists may purchase liability coverage from a local broker and provide the City of Kerman with a copy of the certificate of insurance.

2. Artists may already have coverage in force (either under homeowners’ insurance or an individual policy). If this is the case, we would ask that they provide the City of Kerman with a copy of the certificate of liability insurance.
66 Section 7, Item A.

9. INQUIRIES CONCERNING THIS RFQ
Please direct any questions or comments to the following by 4:00 PM on November 17, 2023 to:

Theresa Johnson, Community Services Director, by email [email protected] or by phone at 559-846-9328.

10.ARTIST MAINTENANCE PLAN
This is a sample only. Some elements may not apply to your qualifications. An original maintenance plan must be submitted with each mural location.

Accomplishment of Public Art Mural Project (italics indicate details to be completed by the artist) This (include unique dimension and size) mural is to be on a concrete and block wall.

The wall will be prepared by (Indicate actual preparation plans, what materials will be used, name brands where applicable, make up of those materials, and how they are applied.) A high-quality exterior varnish or equal will be applied to secure the longevity of the mural, done by the artist accordingto the manufacturer’sinstructionsif appropriate to the materials used.

Recommended future maintenance plan. (For example, routine surface inspections, surface cleaning, additional coats of protective paint, etc.)
Applicant signature: Date:
67 Section 7, Item A.

11.City of Kerman Bid Form
Name:

Team Name (if applicable):

Address:

Phone: Email:

Website (if applicable):

Explain why you are interested in this opportunity and why you feel you are qualified to undertake a project of this nature:

Describe how your qualifications align with the desired vision and how your design will suit the downtown Kerman streetscape:

Signature: Date:

Your signature will guarantee the proposed production quote will be effective for 120 days.

To be considered, please submit sealed qualifications by 4:00 PM November 30, 2023, and deliver to:

Marci Reyes, City Clerk
Kerman City Hall
850 S. Madera Ave
Kerman, CA 93630
68 Section 7, Item A.
11 EXHIBIT ‘A-2’

APPLICATION
Paper Copy On File
69 Section 7, Item A.
12 EXHIBIT ‘A-3’
Mural Concept
Concept 2
Concept 1
70 Section 7, Item A.
13 EXHIBIT ‘A-4’

BUILDING INFORMATION
Address: 681 South Madera Avenue
APN: 023-148-807S
Mural Location: south-facing building wall, accessible from West E Street Wall Dimensions: approximately 13’ in height by 85’ in length Mural Location
71 Section 7, Item A.
14 EXHIBIT ‘A-5’

ARTIST WAIVER FORM

RELEASE OF LIABILITY, WAIVER OF RIGHT TO SUE,

ASSUMPTION OF RISK AND AGREEMENT TO PAY CLAIMS
Regarding the display of the Artist's artwork in the City of Kerman as set forth in the Professional Services Mural Agreement of even date herewith (“AGREEMENT”):

In consideration for the opportunity to be selected and allowed to display my original works of art in the form of a mural as identified in the AGREEMENT, on behalf of myself and my next of kin, heirs and representatives, I release from all liability and promise not to sue the City, its employees, officers, directors, agents and volunteers (collectively "City") from any and all claims, including, but not limited to, violations of Freedom of Speech, Due Process, negligence, or any other claim under California or constitutional law, resulting in any injury, damages, economic or emotional loss I may suffer by submitting artwork for the opportunity to be selected, and the display of my artwork in the City.

I am voluntarily submitting my original artwork that I alone claim ownership thereof. I understand that my artwork may not be selected for display in the City. I understand if my artwork is on display in the City it may be removed at any time with or without notice to me, at the sole discretion of the City. I understand that my artwork may be relocated to another part of the City with or without notice. I am aware of and assume the risk that my artwork may be damaged or destroyed while in the City.

Nonetheless, I assume the risks, both known or unknown to me, and waive all rights to sue the City by submitting my artwork for selection and display in the City.

I agree to hold the City harmless from any and all claims, including attorney's fees and any damages to my rights or artwork that may occur as a result of my submission of artwork for display in the City.

I understand the legal consequences of signing this document, including (a) releasing the City from all liability, (b) promising not to sue the City, (c) and assuming all risks associated with displaying, handling, or storing my artwork in the City.

I understand that this document is written to be as broad and inclusive as legally permitted in the State of California. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms.

I have read this document, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.

Artist Signature: _______________________________
Artist Name (print): ____________________________ Date:_______________ 72 Section 7, Item A.
15 EXHIBIT ‘A-6’

INSURANCE REQUIREMENTS
ARTIST shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the ARTIST, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with limits no less than $1,000,000 per occurrence.

If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if ARTIST has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if ARTIST provides written verification it has no employees) 4 Professional Liability (Errors and Omissions) Insurance appropriates to the ARTIST’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the ARTIST maintains higher limits than the minimums shown above, the Entity requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the auto policy with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the ARTIST; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the ARTIST including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the ARTIST’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage For any claims related to this contract, the ARTIST’s insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the ARTIST’s insurance and shall not contribute with it.

Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity.

Waiver of Subrogation ARTIST hereby grants to CITY a waiver of any right to subrogation which any insurer of said ARTIST may acquire against the CITY by virtue of the payment of any loss under such insurance. ARTIST agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.
73 Section 7, Item A.
16 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the CITY. The CITY may require the ARTIST to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

Claims Made Policies If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the ARTIST must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage ARTIST shall furnish the CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause.

All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the ARTIST’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors ARTIST shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and ARTIST shall ensure that CITY is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 74 Section 7, Item A.

STAFF REPORT
MEETING DATE: March 13, 2024
PRESENTER: Mayor Pacheco
Theresa Johnson, Community Services Director
SUBJECT: Appointment of Member to the Parks, Recreation and Community Services Commission.

RECOMMENDATION: Council by motion adopt resolution approving appointment by Mayor Pacheco of one applicant to the Parks, Recreation and Community Services Commission.

EXECUTIVE SUMMARY:

On October 11, 2023, the City Council adopted Ordinance 23-08 adding Chapters 2.26 to Title 2 of the Kerman Municipal Code relating to City Boards and Commissions, repealing Chapters

2.28 and 2.32, and adding new chapters 2.28, 2.32, and 2.34 relating to the Planning Commission; Parks, Recreation and Community Services Commission; and Sales Oversight Committee. This ordinance established processes conforming with state law changes which included the process for appointments, terms, qualifications, eligibility, Brown Act requirements, and vacancies on boards and commissions.

The Parks, Recreation and Community Services Commission currently has two vacancies, one vacancy for a three-year term beginning January 1, 2024, and expiring on December 31, 2026, and the other vacancy for a one-year term beginning January 1, 2024, and expiring on December 31, 2024.

A notice of publication was sent to the Kerman News announcing the acceptance of applications for appointment to the Kerman Parks, Recreation, and Community Services Commission with a filing deadline of February 14, 2024.

One application was received from former commissioner Katie Wettlaufer who had previously served one three-year term on the Commission. Before serving on the PRCS Commission Ms.

Wettlaufer served on the Planning Commission and is committed to the successful growth and development of the City for families to live and raise their children.

After review, Mayor Pacheco seeks approval of appointee Katie Wettlaufer to the three-year term position on the Parks, Recreation, and Community Services Commission.

Ms. Wettlaufer has been invited to attend the City Council meeting to be introduced and answer any questions the City Council may have before considering approval of the appointment.
75 Section 7, Item B.

FISCAL IMPACT:

None
ATTACHMENTS:

A. Resolution
B. Application for City Commission or Committee – Katie Wettlaufer 76 Section 7, Item B.

Attachment ‘A’
RESOLUTION NO: 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

APPROVING APPOINTMENT OF MEMBER TO THE PARKS, RECREATION AND COMMUNITY

SERVICES COMMISSION
WHEREAS, under state law, the Mayor may appoint members to the Parks, Recreation and Community Services Commission subject to approval of the City Council; and WHEREAS, the City Council may consider such appointments to the Parks, Recreation and Community Services Commission; and
WHEREAS, applications were received to fill two vacancies on the Parks, Recreation and Community Services Commission for (i) a one year-term beginning January 1, 2024, and ending December 31, 2024, and (ii) a three-year term beginning January 1, 2024, and ending on December 31, 2026; and
WHEREAS, the Mayor has appointed Ms. Katie Wettlaufer to serve a three-year term; and WHEREAS, at the March 13, 2024, City Council Meeting, the City Council considered the Mayor’s appointment of Ms. Katie Wettlaufer.

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

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

Section 2. The City Council approves the appointment of Ms. Katie Wettlaufer to a threeyear term beginning January 1, 2024, and ending on December 31, 2026, to the Parks, Recreation and Community Services Commission.

Section 3. This Resolution is effective upon adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 13th of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
77 Section 7, Item B.

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
__________________________
Josie Camacho
Deputy City Clerk
78 Section 7, Item B.

Attachment 'B'
79 Section 7, Item B.
80 Section 7, Item B.