Kerman City Council
October 23, 2024

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, October 23, 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. Call to Order
B. Roll Call
C. Invocation
D. Flag Salute

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
To accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.

3. PRESENTATIONS/CEREMONIAL MATTERS
A. Sikh American Awareness and Appreciation Month

4. PUBLIC FORUM (for matters not on agenda)
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.

Speakers shall be limited to three minutes. It is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council on items on the Agenda should notify the Mayor when that Agenda item is called, and the Mayor will recognize your discussion at that time. It should be noted that the Council is prohibited by law from taking any action on matters discussed that are not on the Agenda. Speakers are asked to please use the microphone, and provide their name and address.
1 5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.

A. SUBJECT: Minutes - October 9, 2024
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos.30249-30460 $992,039.78 ACH $112,359.63
RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
09/15/24 - 09/28/24: $267,179.88; Retro Pay & Other: $$24,260.41; Overtime: $27,657.16; Standby: $1,678.30; Comp Time Earned: 100.50
RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Monthly Investment Report (JA)
RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Auditing Services Proposal and Selection of Consultant (JA) RECOMMENDATION: Staff recommends Council adopt resolution approving consultant contract with Bryant L. Jolley, CPA Consultants in the amount not to exceed $52,000 for conducting the auditing services for Fiscal Year 2023/2024, not to exceed $54,000 for Fiscal Year 2024/2025, not to exceed $55,000 for Fiscal Year 2025/2026, not to exceed $57,000 for Fiscal Year 2026/2027 and not to exceed $58,000 for Fiscal Year 2027/2028 and authorize the City Manager to sign the Consultant Agreement.

F. SUBJECT: Ratification of Emergency Water Line Repair (MB) RECOMMENDATION: Council by motion adopt resolution ratifying emergency repairs to water line and the procurement of services for the repairs from Haydon Construction Inc. in the amount of $36,794.11.
2 G. SUBJECT: Revised Title and Job Description for Parks Maintenance Technician Position in Community Services Department (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving revised position title of Parks Maintenance Technician I to Maintenance Worker II – Parks and Facilities and approving new job description.

H. SUBJECT: Resolution Accepting the Lions Park Recharge Project and Filing of the Notice of Completion (JG)
RECOMMENDATION: Council by motion adopt the resolution accepting the Lions Park Recharge Project and authorizing the City Engineer to record the Notice of Completion.

6. PUBLIC HEARINGS – None

7. DEPARTMENT REPORTS
A. SUBJECT: Approve a reimbursement agreement with Kerman Unified School District (KUSD) for the construction of a segment of 12-inch water main across State Route 180 in the amount of $230,000 (JG)
RECOMMENDATION: Council by motion adopt a resolution approving reimbursement agreement with Kerman Unified School District for installation of 12-inch water main and authorizing the City Manager to sign.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS (This portion of the meeting is reserved for the Mayor and Council Members (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 a Council Member, and (iv) to take action on matters initiated under this section of the agenda items. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.)

10. CLOSED SESSION
If desired, members of the public may comment on Closed Session items. Members of the public wishing to address Council on Closed Session items should notify the Mayor when that item is called, and the Mayor will recognize your discussion at that time. It should be noted that Council is prohibited from discussing or addressing comments on Closed Session items.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - (Gov. Code § 54956.8) Property: APN 023-481-01S
Agency Negotiator: John Jansons, City Manager
Negotiating Party: Moore Trust
Under Negotiation: Price and Terms
3 B. 1. Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Manager

2. Conference with Labor Negotiators pursuant to Government Code Section 54957.6 City Designated Representatives: Mayor Pacheco and Council Member Yep Unrepresented Employee: City Manager

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

ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.net or upon request by emailing the City Clerk at [email protected] or calling (559) 846-9450. 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 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, 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: October 18, 2024 /s/ Josie Camacho, City Clerk
4 SIKH AMERICAN AWARENESS AND

APPRECIATION MONTH
WHEREAS, Kerman, the State of California and our Nation are blessed and enriched by the unparalleled diversity of our residents; and WHEREAS, among this unprecedented diversity in California resides an estimated 250,000 Americans of Sikh origin, comprising nearly 40 percent of the nation's estimated Sikh population; and
WHEREAS, Sikh Americans have distinguished themselves in numerous areas of endeavor, demonstrating particular success in the areas of agriculture, medicine, real estate, science, trucking, and in the creation of successful, familyowned businesses; and WHEREAS, the Sikh and Punjabi American communities of California continue to make important contributions to our State and Nation; and WHEREAS, Sikh Americans throughout California celebrate the coronation day of Sikh Scripture as Guru Gaddi Divas, along with parades in cities across California, including the second largest in Selma, California; and WHEREAS, the Sikh Council of Central California, represents a dozen main Sikh Temples in the Fresno County area, including Kerman, and actively takes part in sharing the tenets of their faith and the important role that Sikh Americans play in furthering mutual understanding and respect among all peoples; and
WHEREAS, California Assembly Concurrent Resolution 97, created "Sikh American Awareness and Appreciation Month” to afford all Californians the opportunity to understand, recognize, and appreciate the rich history and shared principles of Sikh Americans;
NOW THEREFORE, BE IT PROCLAIMED that the Kerman City Council does hereby recognize November as "Sikh American Awareness and Appreciation Month” and encourages all residents within Kerman, Fresno County and the State of California to celebrate and participate in activities that honor our Sikh community.

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

CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, October 09, 2024 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Call to Order - 6:02 p.m.

B. Roll Call - All present except Councilmember Herrera and Councilmember Coleman.

C. Invocation - A moment of silence was observed.

D. Flag Salute - Performed.

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion made by Councilmember Yep, Seconded by Mayor Pro Tem Nijjer.

Ayes: Yep, Nijjer, Pacheco
Noes: None
Abstain: None

Absent: Coleman, Herrera
Motion passes 3-0-0-2

3. PRESENTATIONS/CEREMONIAL MATTERS
A. Proclamation - Breast Cancer Awareness Month - Presented to Katie Zenovich.

B. Pink Patch Project (WB) - Presented.

4. PUBLIC FORUM (for matters not on agenda) - Kyle Savage

5. CONSENT CALENDAR
Item 5.F pulled from the consent calendar to be considered separately. Detective Clark spoke in reference to item 5.F.

A. SUBJECT: Minutes - September 25, 2024
RECOMMENDATION: Council approve minutes as presented.
6 Section 5, Item A.

B. SUBJECT: Payroll (JA)
09/01/24 to 09/14/24: $230,577.57; Retro Pay & Other: $951.03; Overtime: $14,847.17; Holiday: $1,709.45; Standby: $1,971.41; Comp Time Earned: 22.88 RECOMMENDATION: Council approve payroll as presented.

C. SUBJECT: Resolution Approving Contract Change Order No. 2 for the Well 33 Pilot Hole Project, and Accepting of the Project and Filing of the Notice of Completion (JG) RECOMMENDATION: Council by motion adopt the resolution:

1. Approving Contract Change Order No. 2 for the Well 33 Pilot Hole Project to South Valley Companies Inc. in the amount of $70,500; and

2. Accepting the Well 33 Pilot Hole Project and authorizing the City Engineer to record the Notice of completion. – Res. 24-82
D. SUBJECT: Amendment to Salary Scale for Police Department Lieutenant Position (JAJ) RECOMMENDATION: Council by motion adopt resolution approving amendment to Salary Scale for unrepresented Police Department Lieutenant position and approving adjustment in benefits. – Res 24-83
E. SUBJECT: Amendment to the Agriculture Lease Agreement Between the City of Kerman and Earl L. Giacolini and Janice E. Giacolini (9.3 acres) (TJ)
RECOMMENDATION: Adopt Resolution Approving Amendment No. 2 to Agriculture Lease Agreement Between the City of Kerman and Earl L. Giacolini and Janice E. Giacolini (9.3 acres) – Res. 24-84
F. SUBJECT: Amending 2024/2025 Public Safety Salary Schedules (JA) RECOMMENDATION: Council by motion adopt resolution amending the 2024/2025 Salary Schedules for Employees in Public Safety Bargaining Unit effective July 1, 2024. – Res 24-85 Motion to approve the consent calendar as presented with the exception of item 5.F made by Councilmember Yep, Seconded by Mayor Pro Tem Nijjer.

Ayes: Yep, Nijjer, Pacheco
Noes: None
Abstain: None

Absent: Coleman, Herrera
Motion passes 3-0-0-2
7 Section 5, Item A.

Motion to approve item 5.F made by Councilmember Yep, Seconded by Mayor Pro Tem Nijjer.

Ayes: Yep, Nijjer, Pacheco
Noes: None
Abstain: None

Absent: Coleman, Herrera
Motion passes 3-0-0-2

6. PUBLIC HEARINGS - None.

7. DEPARTMENT REPORTS
A. SUBJECT: Award of Contract for the Siskiyou Avenue Rehabilitation – Whitesbridge to Kearney, Federal Project No. STPL-5291(033) to Cal Valley Construction, Inc. (JG) RECOMMENDATION: Council by motion adopt the resolution:

1. Awarding the contract for the Siskiyou Ave. Rehabilitation – Whitesbridge to Kearney, Federal Project No. STPL-5291(033) to Cal Valley Construction, Inc. in the amount of $1,019,569.85; and

2. Authorizing a 10% construction contingency in the amount of $101,956.00; and

3. Authorizing the City Manager to sign the construction contract on behalf of the City; and

4. Authorizing the City Manager to sign change orders, up to the additional contingency amount, on behalf of the City. – Res 24-86
Motion made by Councilmember Yep, Seconded by Mayor Pro Tem Nijjer.

Ayes: Yep, Nijjer, Pacheco
Noes: None
Abstain: None

Absent: Coleman, Herrera
Motion passes 3-0-0-2
B. SUBJECT: Award of Contract for the Goldenrod Avenue Rehabilitation – Kearney Boulevard to San Joaquin Valley Railroad, Federal Project No. STPL-5291(034) to R.J. Berry Jr., Inc. (JG) RECOMMENDATION: Council by motion adopt the resolution:

1. Awarding the contract Goldenrod Avenue Rehabilitation – Kearney Boulevard to San Joaquin Valley Railroad, Federal Project No. STPL-5291(034) to R.J. Berry Jr., Inc. in the amount of $715,502.20; and
8 Section 5, Item A.

2. Authorizing a 10% construction contingency in the amount of $71,550.00; and

3. Authorizing the City Manager to sign the construction contract on behalf of the City; and

4. Authorizing the City Manager to sign change orders, up to the additional contingency amount, on behalf of the City – Res 24-87
Motion made by Mayor Pro Tem Nijjer, Seconded by Councilmember Yep.

Ayes: Nijjer, Yep, Pacheco
Noes: None
Abstain: None

Absent: Coleman, Herrera
Motion passes 3-0-0-2
C. SUBJECT: Award of Contract for the Downtown Corridor Revitalization, Phase 1 Project to Wabo Landscape & Construction, Inc. (JG)
RECOMMENDATION: Council by motion adopt the resolution:

1. Awarding the contract for the Downtown Corridor Revitalization, Phase 1 Project to Wabo Landscape & Construction, Inc. in the amount of $669,000.00; and

2. Authorizing a 5% construction contingency in the amount of $33,500.00; and

3. Authorizing the City Manager to sign the construction contract on behalf of the City; and

4. Authorizing the City Manager to sign change orders, up to the additional contingency amount, on behalf of the City. – Res 24-88
Motion made by Councilmember Yep, Seconded by Mayor Pro Tem Nijjer.

Ayes: Yep, Nijjer, Pacheco
Noes: None
Abstain: None

Absent: Coleman, Herrera
Motion passes 3-0-0-2
D. SUBJECT: Dia De Los Muertos Parade Request(s) (JAJ)
RECOMMENDATION: City Council consider a resolution approving a request by Kerman Rotary Club to conduct a parade in conjunction with Rotary’s Dia De Los Muertos Day festival and waive up to $1000, or an amount to be determined by City Council of in-kind staff and equipment costs - with possible direction to staff. – Res. 24-89
9 Section 5, Item A.

Motion made by Councilmember Yep, Seconded by Mayor Pro Tem Nijjer.

Ayes: Yep, Nijjer, Pacheco
Noes: None
Abstain: None

Absent: Coleman, Herrera
Motion passes 3-0-0-2

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS Mayor Pacheco allowed public comment from Oneida Escobar.

10. CLOSED SESSION - 7:16 p.m.

A. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8 Property: APN 023-220-08S
Agency Negotiators: City Manager Jansons
Negotiating Parties: Jagrup and Sukhdev Sidhu, Trustees The Sidhu Family Trust Under Negotiation: Price, terms, payment
B. 1.Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Manager

2. Conference with Labor Negotiators pursuant to Government Code Section 54957.6 City Designated Representatives: Mayor Pacheco and Council Member Yep Unrepresented Employee: City Manager
Reconvene at 8:02 p.m. with no reportable action. Three members were present.

11. ADJOURNMENT - 8:02 p.m.

MINUTES CERTIFICATION
I, Josie Camacho, 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: October 10, 2024 /s/ Josie Camacho, City Clerk
10 Section 5, Item A.

Accounts Payable
User:

Printed:

VSandoval
10/11/2024 3:05 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
30249 10008 A-C ELECTRIC COMPANY 09/19/2024 13,414.00
30250 11525 ADOLPHS A-1 TREE SERVICE 09/19/2024 3,000.00 30251 10021 ALERT O LITE 09/19/2024 998.37
30252 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 09/19/2024 1,780.55 30253 10040 AT&T MOBILITY 09/19/2024 2,135.00
30254 11917 BLAIS & ASSOCIATES LLC 09/19/2024 2,559.00
30255 10076 CALIFORNIA POLICE CHIEFS ASSOC 09/19/2024 695.00 30256 10452 CITY OF FRESNO WMD 09/19/2024 141.00
30257 12213 PATRICK CLARK 09/19/2024 250.00
30258 10104 COMCAST 09/19/2024 498.48
30259 10107 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 09/19/2024 714.50 30260 10108 COOKS COMMUNICATIONS CORP 09/19/2024 595.00 30261 10114 CROWN SHORT LOAD CONCRETE 09/19/2024 785.71 30262 10115 CSJVRMA 09/19/2024 186,086.00
30263 11382 DATA TICKET INC 09/19/2024 19.23
30264 10571 DITCH WITCH 09/19/2024 181.88
30265 10151 EWING IRRIGATION PRODUCTS 09/19/2024 122.51 30266 12668 FRANKO AUTO GLASS 09/19/2024 418.61
30267 12379 GILL CHEVROLET 09/19/2024 481.28
30268 11358 GREAT AMERICA FINANCIAL SERVICES09/19/2024 853.00 30269 12187 HAMNER JEWELL & ASSOCIATES 09/19/2024 207.00 30270 BP-HIGH HIGHLANDS ENERGY 09/19/2024 404.00
30271 10201 HORIZON 09/19/2024 996.29
30272 10219 JENSEN & PILEGARD INC 09/19/2024 49.79
30273 10239 KERWEST INC 09/19/2024 1,316.00
30274 10251 LIGHTHOUSE ELECTRIC INC 09/19/2024 691.50
30275 11096 LOZANO SMITH LLP 09/19/2024 40.25
30276 10678 MAC'S EQUIPMENT INC 09/19/2024 1,398.07
30277 10261 MID VALLEY DISPOSAL INC 09/19/2024 147,815.31 30278 10282 OFFICE DEPOT 09/19/2024 1,436.89
30279 10289 P.G.& E. 09/19/2024 79,506.39
30280 10301 PETTY CASH 09/19/2024 136.55
30281 12026 PRECISION CIVIL ENGINEERING INC 09/19/2024 13,823.75 30282 10309 PROFORCE LAW ENFORCEMENT 09/19/2024 1,843.34 30283 10315 QUINN COMPANY 09/19/2024 384.41
30284 10316 R G EQUIPMENT OF FRESNO INC 09/19/2024 427.12 30285 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 09/19/2024 184.18 30286 10319 RENO'S HARDWARE 09/19/2024 333.26
30287 12592 REXEL 09/19/2024 305.74
30288 10324 RIVERSIDE NURSERY & LANDSCAPE INC09/19/2024 545.27 30289 12667 ADRIANA ROTH 09/19/2024 750.00
30290 10327 SAFETY KLEEN SYSTEMS INC 09/19/2024 309.47
30291 10331 SEBASTIAN 09/19/2024 236.35
30292 10862 SIGNMAX 09/19/2024 298.51
30293 11787 SNAP ON INC 09/19/2024 556.38
30294 12368 SPECIALTY HOSE EXPRESS LLC 09/19/2024 50.08 30295 11460 SUPERIOR POOL PRODUCTS LLC 09/19/2024 1,411.08 AP Checks by Date - Summary by Check Date (10/11/2024 3:05 PM) Page 1 11 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
30296 10357 TAYLOR MADE IRRIGATION 09/19/2024 49.61
30297 11502 TIREHUB LLC 09/19/2024 2,190.37
30298 10399 VETERINARY MEDICAL CENTER 09/19/2024 52.00
30299 10401 WALLYS TIRE AND WHEEL 09/19/2024 235.08
30300 10406 WEST HILLS OIL INC 09/19/2024 8,626.02
Total for 9/19/2024: 482,339.18
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 09/21/2024 8,742.45 ACH 10517 FEDERAL TAXES PAYROLL 09/21/2024 56,647.61
ACH 10518 KERMAN POLICE OFFICERS ASSN 09/21/2024 902.50 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN09/21/2024 262.50 ACH 10520 ICMA-RC 09/21/2024 3,714.52
Total for 9/21/2024: 70,269.58
ACH 10644 US BANK EQUIPMENT FINANCE 09/23/2024 710.78
Total for 9/23/2024: 710.78
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 09/24/2024 829.57 Total for 9/24/2024: 829.57
ACH 10522 CALPERS 09/25/2024 40,549.70
30301 11493 24 / 7 PET VETS 09/25/2024 424.80
30302 10021 ALERT O LITE 09/25/2024 2,201.35
30303 12257 AMERITAS LIFE INSURANCE CORP- VISION FEES 09/25/2024 1,692.94 30304 10035 AQUA NATURAL SOLUTIONS 09/25/2024 997.47
30305 12324 MARGARITA AVALOS 09/25/2024 450.00
30306 10054 BLUE SHIELD OF CALIFORNIA 09/25/2024 59,491.32 30307 10056 BOGIE'S PUMP SYSTEMS 09/25/2024 812.61
30308 10617 C A REDING CO INC 09/25/2024 304.99
30309 11633 FAVIOLA CARDENAS 09/25/2024 37.00
30310 10092 CENTRAL VALLEY TOXICOLOGY INC 09/25/2024 475.00 30311 10103 COLONIAL LIFE 09/25/2024 577.58
30312 11498 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 09/25/2024 728.45 30313 10106 CON EDISON CLEAN ENERGY 09/25/2024 22,010.82 30314 12657 CRAFCO, INC 09/25/2024 7,443.93
30315 11874 CSG CONSULTANTS INC 09/25/2024 11,275.75
30316 12624 DADDINO FAMILY FARM 09/25/2024 7.00
30317 10128 DEPARTMENT OF JUSTICE 09/25/2024 140.00
30318 11475 DISCOUNT PLAYGROUND SUPPLY INC 09/25/2024 341.97 30319 10524 DUNN EDWARDS 09/25/2024 771.46
30320 10157 FERGUSON ENTERPRISES INC 09/25/2024 1,540.14 30321 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 09/25/2024 137.00 30322 10166 FRESNO-MADERA AGENCY ON AGING 09/25/2024 5.70 30323 10177 GAMETIME 09/25/2024 1,686.01
30324 10185 GRAINGER 09/25/2024 88.40
30325 11358 GREAT AMERICA FINANCIAL SERVICES09/25/2024 917.69 30326 12187 HAMNER JEWELL & ASSOCIATES 09/25/2024 832.97 30327 12485 HIGHLY ADDICTIVE CANDY 09/25/2024 25.00
30328 10514 ICAD INC 09/25/2024 4,790.28
30329 11679 JAMES G PALMER APPRAISALS INC 09/25/2024 1,000.00 30330 11923 JOE A GONSALVES & SON 09/25/2024 1,250.00
30331 12522 HARMEEN KAUR 09/25/2024 277.71
AP Checks by Date - Summary by Check Date (10/11/2024 3:05 PM) Page 2 12 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
30332 10230 KENT M KAWAGOE PHD 09/25/2024 1,950.00
30333 10678 MAC'S EQUIPMENT INC 09/25/2024 1,901.71
30334 12482 MADERA QUEEN HONEY 09/25/2024 12.00
30335 12670 PRISCILLA MENDEZ 09/25/2024 950.00
30336 10269 MOUNTAIN VALLEY PEST CONTROL 09/25/2024 150.00 30337 10282 OFFICE DEPOT 09/25/2024 551.38
30338 11833 ORKIN 09/25/2024 127.99
30339 10289 P.G.& E. 09/25/2024 19,039.98
30340 12601 PROFENCE INC 09/25/2024 600.00
30341 10315 QUINN COMPANY 09/25/2024 3,528.35
30342 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 09/25/2024 395.99 30343 12592 REXEL 09/25/2024 573.58
30344 10324 RIVERSIDE NURSERY & LANDSCAPE INC09/25/2024 461.59 30345 11714 ROD CARSEY 09/25/2024 5,251.67
30346 11041 ROSENBALM ROCKERY 09/25/2024 687.69
30347 12475 SAN JOAQUIN PEST CONTROL 09/25/2024 105.00
30348 10329 SAN JOAQUIN VALLEY AIR POLL 09/25/2024 1,590.00 30349 12503 SCHAAD FAMILY ALMONDS 09/25/2024 9.00
30350 11212 SE ELECTRIC 09/25/2024 890.00
30351 10331 SEBASTIAN 09/25/2024 611.35
30352 10862 SIGNMAX 09/25/2024 426.64
30353 10337 SLUMBERGER LUMBER 09/25/2024 329.30
30354 12671 TELA STEINAUER 09/25/2024 31.13
30355 11460 SUPERIOR POOL PRODUCTS LLC 09/25/2024 380.19 30356 10357 TAYLOR MADE IRRIGATION 09/25/2024 71.27
30357 10754 THE HOME DEPOT PRO-SUPPLY WORKS09/25/2024 1,067.76 30358 10371 TJ LAW & ASSOCIATES INVESTIGATIONS09/25/2024 1,600.00 30359 10382 UNITED RENTALS NORTH AMERICA INC09/25/2024 1,110.45 30360 10391 VALLEY FARM SUPPLY STORES 09/25/2024 3,843.33 30361 10399 VETERINARY MEDICAL CENTER 09/25/2024 208.00 Total for 9/25/2024: 211,740.39
30362 UB*01855 CLAUDIA ARIAS 10/02/2024 164.40
30363 UB*01856 STEVEN & CYNTHIA GONZALES 10/02/2024 16.11 30364 UB*01857 JOSE ROSARIO HERNANDEZ LOYA 10/02/2024 136.51 Total for 10/2/2024: 317.02
30365 11387 LUISA AGUIRRE 10/04/2024 588.00
30366 10020 AJ EXCAVATION INC 10/04/2024 52,937.00
30367 12078 ARIANNA ALEJO 10/04/2024 150.00
30368 10021 ALERT O LITE 10/04/2024 81.46
30369 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 10/04/2024 1,598.12 30370 10042 BACKFLOW INDEPENDENT TESTING 10/04/2024 518.00 30371 12674 KAYLN BISHEL 10/04/2024 450.00
30372 10056 BOGIE'S PUMP SYSTEMS 10/04/2024 715.00
30373 10128 DEPARTMENT OF JUSTICE 10/04/2024 105.00
30374 10458 RAUL HERRERA ECN POLYGRAPH AND INVESTIGATIONS 10/04/2024 250.00 30375 10157 FERGUSON ENTERPRISES INC 10/04/2024 97.42
30376 10185 GRAINGER 10/04/2024 92.22
30377 11358 GREAT AMERICA FINANCIAL SERVICES10/04/2024 130.44 30378 12643 HYDROPRO SOLUTIONS 10/04/2024 1,973.74
30379 10226 JORGENSEN & CO 10/04/2024 2,087.70
30380 10239 KERWEST INC 10/04/2024 256.00
30381 12676 RENEE KLEIN 10/04/2024 125.82
30382 12508 KPW COMPANY INC 10/04/2024 1,007.17
AP Checks by Date - Summary by Check Date (10/11/2024 3:05 PM) Page 3 13 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
30383 12618 MAINSTREET DESIGNS INC 10/04/2024 691.99
30384 12673 DORALY MILIAN 10/04/2024 450.00
30385 10265 MONTOY LAW CORPORATION 10/04/2024 21,511.00 30386 BP-MSQ MSQ ENGINEERING CONSULTANTS 10/04/2024 516.50 30387 10272 MUTUAL OF OMAHA 10/04/2024 2,928.35
30388 10282 OFFICE DEPOT 10/04/2024 443.50
30389 10289 P.G.& E. 10/04/2024 735.37
30390 12026 PRECISION CIVIL ENGINEERING INC 10/04/2024 37,356.42 30391 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 10/04/2024 248.66 30392 11714 ROD CARSEY 10/04/2024 401.14
30393 11650 SITEONE LANDSCAPE SUPPLY, LLC 10/04/2024 904.17 30394 12054 SPARKLETTS 10/04/2024 106.67
30395 11460 SUPERIOR POOL PRODUCTS LLC 10/04/2024 568.96 30396 10015 THE ADVANCE GROUP INC 10/04/2024 720.39
30397 10399 VETERINARY MEDICAL CENTER 10/04/2024 260.00 30398 10413 YAMABE & HORN ENGINEERING INC 10/04/2024 100,190.79 Total for 10/4/2024: 231,197.00
30399 10332 SEBASTIAN 10/07/2024 3,221.96
Total for 10/7/2024: 3,221.96
30400 11493 24 / 7 PET VETS 10/09/2024 424.80
30401 12538 AMERITAS GROUP INSURANCE CORP- DENTAL FEES 10/09/2024 455.00 30402 12530 APOLLO HEALTH INC 10/09/2024 1,200.00
30403 12679 AMY ARABIAN 10/09/2024 100.00
30404 10504 AUTOZONE 10/09/2024 250.61
30405 11355 BADGER METER 10/09/2024 433.10
30406 12348 BRADY INDUSTRIES 10/09/2024 719.53
30407 10218 JEANNA BURDINE-SLAVEN 10/09/2024 57.00
30408 10617 C A REDING CO INC 10/09/2024 145.18
30409 12498 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICER 10/09/2024 100.00 30410 10067 CALIFORNIA BUILDING STANDARDS 10/09/2024 447.30 30411 10082 CARROT-TOP INDUSTRIES INC 10/09/2024 248.98 30412 10106 CON EDISON CLEAN ENERGY 10/09/2024 13,593.57 30413 10126 DEPARTMENT OF CONSERVATION 10/09/2024 1,404.30 30414 11889 DISCOUNT SHRED 10/09/2024 454.00
30415 10136 DIVISION OF THE STATE ARCHITECT 10/09/2024 64.00 30416 12019 ELITE UNIFORMS 10/09/2024 522.18
30417 12312 EXTREME CONNECTIONS 10/09/2024 489.52
30418 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 10/09/2024 137.00 30419 10161 FRESNO COUNTY TREASURER 10/09/2024 710.00
30420 10162 FRESNO COUNTY TREASURER 10/09/2024 23,299.00 30421 10169 FRESNO PET CEMETERY 10/09/2024 489.10
30422 10177 GAMETIME 10/09/2024 406.04
30423 12379 GILL CHEVROLET 10/09/2024 624.34
30424 10185 GRAINGER 10/09/2024 170.87
30425 11358 GREAT AMERICA FINANCIAL SERVICES10/09/2024 223.87 30426 12270 GLORIA GUTIERREZ 10/09/2024 450.00
30427 BP-GUTI MARTHA GUTIERREZ 10/09/2024 1,956.00
30428 12681 PHILLIP IVAN HERNANDEZ 10/09/2024 150.00
30429 11595 ISMAEL HERRERA 10/09/2024 427.38
30430 BP-HORT HORTA DESIGN & CONSTRUCTION 10/09/2024 1,486.18 30431 10222 JERRY'S AUTOMOTIVE 10/09/2024 582.00
30432 10226 JORGENSEN & CO 10/09/2024 363.06
30433 10335 MADERA FORD 10/09/2024 111.57
AP Checks by Date - Summary by Check Date (10/11/2024 3:05 PM) Page 4 14 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
30434 11965 MISSION UNIFORM SERVICE 10/09/2024 252.43
30435 12678 NEXTAR MEDIA INC 10/09/2024 1,000.00
30436 10282 OFFICE DEPOT 10/09/2024 318.41
30437 10289 P.G.& E. 10/09/2024 8,807.74
30438 12342 MARIA PACHECO 10/09/2024 427.38
30439 10301 PETTY CASH 10/09/2024 163.86
30440 10309 PROFORCE LAW ENFORCEMENT 10/09/2024 476.43
30441 10315 QUINN COMPANY 10/09/2024 326.61
30442 12680 CHRISTINA QUINTO 10/09/2024 300.00
30443 10316 R G EQUIPMENT OF FRESNO INC 10/09/2024 161.65 30444 11506 SCA OF CA LLC 10/09/2024 12,775.73
30445 11212 SE ELECTRIC 10/09/2024 680.00
30446 10332 SEBASTIAN 10/09/2024 3,221.62
30447 10337 SLUMBERGER LUMBER 10/09/2024 486.96
30448 12368 SPECIALTY HOSE EXPRESS LLC 10/09/2024 85.60 30449 11907 SPRINGBROOK HOLDING COMPANY LLC10/09/2024 2,101.00 30450 11460 SUPERIOR POOL PRODUCTS LLC 10/09/2024 534.83 30451 12581 TATES TSHIRT DESIGNS AND PRINTS, LLC10/09/2024 298.59 30452 10015 THE ADVANCE GROUP INC 10/09/2024 992.13
30453 10754 THE HOME DEPOT PRO-SUPPLY WORKS10/09/2024 968.06 30454 11502 TIREHUB LLC 10/09/2024 2,803.54
30455 11653 LEANNA TORRES 10/09/2024 110.00
30456 10168 UNITY IT 10/09/2024 5,952.76
30457 11370 VALLEY LUBE EQUIPMENT 10/09/2024 249.29
30458 12290 VERIZON 10/09/2024 1,637.28
30459 10401 WALLYS TIRE AND WHEEL 10/09/2024 193.08
30460 10406 WEST HILLS OIL INC 10/09/2024 5,753.47
Total for 10/9/2024: 103,773.93
Report Total (220 checks): 1,104,399.41
AP Checks by Date - Summary by Check Date (10/11/2024 3:05 PM) Page 5 15 Section 5, Item B.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
Salary & OTHER Hours Amount Hours Amount Hours Amount SALARY EARNED Grand Total $ 267,179.88 $ 24,260.41 582.96 $ 27,657.16 0.00 $ - 71.50 $ 1,678.30 $ 320,775.76 100.50 OVERTIME HOLIDAY at 1/2 TIME STANDBY
PAY PERIOD: September 15, 2024 - September 28, 2024

Section 5, Item C.

CITY OF KERMAN
CD/Securities Portfolio
As of September 30, 2024 6/30/2023 6/30/2024 FY to Date Interest Rate/ Opening Maturity Book Additions/ Book Interest Institution Account Number Trans. Date Date Date Balance (Deletions) Cashed In Balance Fair Value Paid CD's:

American Express National Bank 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 (245,000.00) - - 4,097.88 Capital One National Mclean 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 (245,000.00) - - 4,097.88 Customers Bank Phoenixville PA 615-030525-245 4.70% 2/16/23 8/16/24 250,000.00 (250,000.00) - - 5,858.90 Charles Schwab Bank 615-030525-245 5.20% 3/7/23 9/16/24 250,000.00 (250,000.00) - - 6,767.12 Wells Fargo Bank in Sioux Falls 615-030525-245 4.35% 10/14/22 10/15/24 249,000.00 249,000.00 248,965.14 2,730.14 Morgan Stanley Private National Bank 615-030525-245 4.80% 4/20/23 10/21/24 244,000.00 244,000.00 244,009.76 - Western Alliance Bank 615-030525-245 4.85% 4/13/23 10/21/24 244,000.00 244,000.00 243,917.04 - Brookline Bank Mass 615-030525-245 5.30% 8/30/23 10/30/24 248,000.00 248,000.00 248,126.48 4,429.35 Morgan Stanley Bank 615-030525-245 5.20% 8/30/23 3/3/25 243,000.00 243,000.00 243,643.95 6,335.31 Bank of Wisonsin 615-030525-245 5.40% 9/27/23 4/2/25 248,000.00 248,000.00 249,150.72 3,375.51 Merrick Bank 615-030525-245 5.40% 9/27/23 4/4/25 248,000.00 248,000.00 249,170.56 3,375.51 Synchrony Bank 615-030525-245 5.50% 11/3/23 5/5/25 243,000.00 243,000.00 244,462.86 - Bank of America 615-030525-245 5.50% 11/8/24 5/8/25 243,000.00 243,000.00 244,458.00 - State Bank of India 615-030525-245 1.10% 5/28/20 5/28/25 248,000.00 248,000.00 242,784.56 - Capital One National National 615-030525-245 3.35% 6/29/22 6/30/25 245,000.00 245,000.00 243,365.85 4,114.99 Pacific Member Bank Irvine 615-030525-245 5.00% 3/15/24 9/15/25 243,000.00 243,000.00 245,238.03 6,124.93 Discover Bank Greenwood 615-030525-245 3.55% 9/20/22 9/22/25 245,000.00 245,000.00 244,073.90 4,384.49 BMW Bank North Amer Salt Lake 615-030525-245 0.50% 9/25/20 9/25/25 249,000.00 249,000.00 240,708.30 627.62 Bank of Hapoalim B M New York 615-030525-245 5.05% 4/24/24 10/29/25 200,000.00 200,000.00 202,240.00 - Flagstar Bank National Association 615-030525-245 5.20% 6/11/24 1/13/26 243,000.00 243,000.00 246,817.53 - US Government Bonds
Federal Home Loan Bank 615-030525-245 4.75% 8/21/24 8/13/27 250,000.00 250,000.00 250,535.00 - Federal Home Loan Bank 615-030525-245 5.05% 1/30/23 1/28/25 500,000.00 500,000.00 499,350.00 12,625.00 Federal Home Loan Bank 615-030525-245 5.10% 1/30/23 1/28/26 500,000.00 500,000.00 499,875.00 12,750.00 Federal Home Loan Bank 615-030525-245 5.30% 7/15/24 7/15/27 500,000.00 500,000.00 500,355.00 - Federal Home Loan Bank 615-030525-245 4.00% 9/23/22 9/23/24 500,000.00 (500,000.00) - - 10,000.00 United Security Bank CD
United Security Bank 1317802 4.75% 2/2/24 2/2/26 250,000.00 250,000.00 250,000.00 - United Security Bank 1317802 4.75% 6/27/24 6/27/26 250,000.00 250,000.00 250,000.00 - Average Rate 4.53%
Total CD's 4,214,000.00 1,919,000.00 - 6,133,000.00 6,131,247.68 91,793.01 17 Section 5, Item D.

CITY OF KERMAN
CD/Securities Portfolio
As of September 30, 2024 6/30/2023 6/30/2024 FY to Date Interest Rate/ Opening Maturity Book Additions/ Book Interest Institution Account Number Trans. Date Date Date Balance (Deletions) Cashed In Balance Fair Value Paid Securities America Sweep Program
Beginning Balance - -
Transfers In/(Out) 7/2-7/30/24 0.00 0.00
8/5-8/31/24 (0.00) (0.00)
9/3-9/30/24 627.62 627.62
- 627.62 - 627.62 627.62 -
Local Agency Investment Fund
Beginning Balance 98-10-400 17,636,545.69 17,636,545.69 - Interest 4.55% 7/15/24 199,072.39 199,072.39 199,072.39 - -
- -
- -
Transfers In/(Out) -
-
-
Total - LAIF 4.55% 17,636,545.69 199,072.39 - 17,835,618.08 17,835,618.08 199,072.39 Central Valley Money Market Acct 015030960
Beginning Balance 3,646,347.63 3,646,347.63
Interest 7/31/23 263.74 263.74 263.74
8/30/24 239.78 239.78 239.78
9/30/24 247.79 247.79
- -
- -
Transfers In/(Out) -
-
-

0.08% -
3,646,347.63 751.31 - 3,647,098.94 3,647,098.94 503.52
Subtotal All City Investments 3.05% 25,496,893.32 2,118,823.70 - 27,615,717.02 27,613,964.70 291,368.92 25,496,893.32 2,119,451.32 - 27,616,344.64 27,614,592.32 291,368.92 Market Value Adjustment (1,752.32)
2,119,451.32
2,119,451.32
(0.00)
Total Investments
18 Section 5, Item D.

STAFF REPORT
MEETING DATE: October 23, 2024
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Auditing Services Proposal and Selection of Consultant (JA) RECOMMENDATION: Staff recommends Council adopt resolution approving consultant contract with Bryant L. Jolley, CPA Consultants in the amount not to exceed $52,000 for conducting the auditing services for Fiscal Year 2023/2024, not to exceed $54,000 for Fiscal Year 2024/2025, not to exceed $55,000 for Fiscal Year 2025/2026, not to exceed $57,000 for Fiscal Year 2026/2027 and not to exceed $58,000 for Fiscal Year 2027/2028 and authorize the City Manager to sign the Consultant Agreement.

EXECUTIVE SUMMARY:

The City of Kerman entered into an agreement for auditor services with Bryant L. Jolley, CPA on August 20th, 2008. Cities are required to periodically issue new Requests for Proposals (RFP). Staff issued an RFP to five (5) consulting firms experienced in public agency audits and also posted the RFP on the City Website and the Kerman News. From the five RFP’s issued, only one (1) responded to the RFP. Their proposal was received before the deadline of September 20, 2024 and was opened and scored by the committee that consisted of the City Clerk and the Finance Director on September 30, 2024. The committee recommends a contract award to Bryant L. Jolley, CPA Consultants based on the total tabulated scores. Scores were evaluated based on their qualifications, experiences, and approach to the scope of work and costs of services to be provided and submitted in their response to the RFP. Below is the schedule that reflects the total cost submitted by Bryant L. Jolley, CPA Consultants.

It is noted that this consultant firm conducted the previous audits starting in Fiscal Year 2007/2008 for the City and the City has been satisfied with their work.

Consultant Fiscal Year Amount
Bryant L. Jolley, CPA 2023/2024 $52,000
2024/2025 $54,000
2025/2026 $55,000
2026/2027 $57,000
2027/2028 $58,000
19 Section 5, Item E.

FISCAL IMPACT:

The project was included in the 2024/2025 budget for a total project costs of $49,500. The City is not anticipating a Single Audit for Fiscal Year 2023/2024, so the budgetted amount should cover the proposed fees.

ATTACHMENTS:

A. Resolution w/Exhibit
20 Section 5, Item E.

Attachment ‘A’
RESOLUTION NO. 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING AUDITOR SERVICES AGREEMENT WITH BRYANT L. JOLLEY, CPA CONSULTANTS TO CONDUCT AUDITING SERVICES FOR FISCAL YEARS 2023/2024 THROUGH 2027/2028 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City of Kerman requires a consultant to conduct auditing services for Fiscal Year 2023/2024 through Fiscal Year 2027/2028 and issued a Request for Proposals (RFP) for such services; and
WHEREAS, Bryan L. Jolley, CPA (Consultant) has responded to the RFP and is qualified to provide the required services; and
WHEREAS, Consultant conducted the City’s audit from Fiscal Year 2007/2008 through 2022/2023 and staff has been satisfied with their work; and WHEREAS, the City desires to enter an agreement with Consultant for the audit services.

NOW, THEREFORE, the City Council of the City of Kerman does resolve as follows:

1. The foregoing recitals are true and correct.

2. The City Council hereby approves the Auditor Services Agreement with Bryant L.

Jolley, CPA in the amount not to exceed $52,000 for Fiscal Year 2023/2024, $54,000 for Fiscal Year 2024/2025, $55,000 for Fiscal Year 2025/2026, $57,000 for Fiscal Year 2026/2027 and $58,000 for Fiscal Year 2027/2028 attached as Exhibit ‘A’ and incorporated by reference.

3. The City Council authorizes the City Manager to execute same.

4. This resolution shall be effective immediately.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regularly scheduled meeting held on the 23rd day of October 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
21 Section 5, Item E.

The foregoing resolution is hereby approved.
______________________
Maria Pacheco
Mayor
ATTEST:
________________________
Josie Camacho
City Clerk
22 Section 5, Item E.

Exhibit ‘A’

CITY OF KERMAN

CONSULTANT SERVICES AGREEMENT
This Consultant Services Agreement ("Agreement”) is entered into between the CITY OF KERMAN, a California general law city (“City”) and BRYANT L. JOLLEY, CPA ("Consultant”). This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant (“Effective Date”).

RECITALS
A. City has sought, by a Request for Proposals, to select a consultant to conduct the auditing services for Fiscal Year 2023/2024 through Fiscal Year 2027/2028.

B. Consultant submitted a proposal for performing the requested Services and is engaged in the business of furnishing such services as a consultant and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the Services called for in the Request for Proposals and this Agreement.

C. City has selected Consultant to perform the requested Services on the basis of Consultant's demonstrated competence and professional qualifications.

D. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Services. Consultant shall perform, to the satisfaction of City in accordance with this Agreement, the Services described in the “Scope of Services” set forth in Exhibit ‘A’ attached hereto and incorporated by reference herein, and as may be revised by mutual agreement of the parties. Consultant warrants that it is qualified to perform the Services under this Agreement.

Consultant shall be familiar with and shall comply with all State and Federal laws and regulations applicable to the work to be performed under this Agreement.

2. Commencement of Services; Term of Agreement. The term of this Agreement shall be from the October 23, 2024 to the completion of the services described for fiscal year ending June 30, 2028 or until such time as the Agreement is terminated by either party in accordance with this Agreement, whichever is earlier.
23 Section 5, Item E.
(a) Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors assigned to perform the Services under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors assigned to perform the Services under this Agreement.
(b) Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit ‘A’, unless such additional services are authorized by written amendment to the Agreement.

3. Compensation for Services. City shall compensate Consultant for rendering the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the fees outlined in Exhibit ‘B’.
b) Each month Consultant shall invoice City for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and subconsultant contracts. (c) City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.

4. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City.

Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant’s employees or subcontractors, any claim or right of action against City.

5. Standard of Care. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing 24 Section 5, Item E.
services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields. Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.

6. Identity of Subcontractors and Sub-Consultants. Consultant shall, before commencing any work under this Agreement, provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.

7. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

8. Power to Act on Behalf of City. Consultant shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

9. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports and five (5) copies of all final reports prepared by Consultant under this Agreement.

10. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs (“Work Product”), shall be and remain the 25 Section 5, Item E.
property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City’s request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City’s request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

11. Confidentiality. All data, reports, conclusions, opinions, recommendations and other work product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees, affiliates, and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

12. City Name and Logo. Consultant shall not use City’s name or insignia, photographs relating to the City projects for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

13. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, in the Services. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.

14. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.
26 Section 5, Item E.

15. Termination of Agreement. This Agreement shall terminate upon expiration of the Term as set for above or earlier pursuant to the following.
a. Termination by City: Without Cause. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Consultant. b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon twenty (20) days prior written notice to the other party of a material breach, and a failure to cure within that time period.
c. Compensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination.

As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. d. Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Consultant shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant.

Consultant may not refuse to provide such writings or materials for any reason whatsoever.

16. Insurance. Consultant shall obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit ‘C’ attached hereto and incorporated herein by this reference. All insurance policies shall be subject to City approval as to form and content. Consultant shall provide City with copies of required certificates of insurance upon request.

17. Indemnity and Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including 27 Section 5, Item E.
without limitation reasonable attorney fees and costs of litigation) of every nature arising out of the acts, errors, or omissions constituting negligence, gross negligence, willful misconduct or fraud of Consultant or its subcontractors relating to the performance of Services described herein. Consultant's duty to defend and indemnify City shall not extend to injuries or damages that are the result of City's sole negligence or willful misconduct.

Consultant’s duty to defend shall immediately arise when a claim is asserted and/or a lawsuit is initiated against the City arising out of or occurring in connection with the acts, errors, or omissions constituting negligence, gross negligence, fraud or willful misconduct of Consultant or its subcontractors relating to the performance of Services described herein and regardless of whether others may owe the City a duty of defense and/or indemnity. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement for a period of two (2) years.

18. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.

19. Form and Service of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by mail addressed as follows:

To City: John Jansons To Consultant: Bryant L. Jolley, CPA City of Kerman 901 “N” Street, Suite 104
850 S Madera Avenue Firebaugh, CA 93622
Kerman, CA 93630
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or email; or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

20. Entire Agreement. This Agreement, including the attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

21. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 28 Section 5, Item E.

22. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

23. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

24. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

25. Attorneys Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.

26. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

27. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

28. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

29. Compliance with All Laws. In providing the services required under this Agreement, Consultant shall at all times comply with all applicable laws of the United States, the State of 29 Section 5, Item E.

California, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

30. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.

BRYANT L. JOLLEY, CPA CITY OF KERMAN
By:__________________________ By: ______________________________ Bryant L. Jolley, CPA John Jansons, City Manager
Date: __________________ Date: ______________________
30 Section 5, Item E.

Exhibit ‘A’

SCOPE OF SERVICES
The Auditor will perform an audit of all funds of the City of Kerman for the fiscal year ended June 30, 2024 and each of the subsequent years of the audit firm's contract with the City. The audit will be conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, issued by the Comptroller of the United States. The City's Report on Audited Financial Statements (RAFS) will be prepared and word processed by the Auditor. The RAFS will be in full compliance with GASB 34. The Auditor will render their auditors' report on the basic financial statements which will include both Government-Wide Financial Statements and Fund Financial Statements. The Auditor will also apply limited audit procedures to Management's Discussion and Analysis (MD&A) and required supplementary information pertaining to the General Fund and each major fund of the City.

The Auditor will perform a single audit on the expenditures of federal grants in accordance with 0MB Circular A-133 and render the appropriate audit reports on Internal Control over Financial Reporting based upon the audit of the City's financial statements in accordance with Government Auditing Standards and the appropriate reports on compliance with Requirements Applicable to each Major Program, Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards in Accordance with 0MB Circular A-133. The single audit report will include appropriate schedule of expenditures of federal awards, footnotes, findings and questioned costs, including reportable conditions and material weaknesses, and follow up on prior audit findings where required.

The Auditor shall perform agreed-upon auditing procedures pertaining to the City's GANN Limit (Appropriations Limit) and render a letter annually to the City regarding compliance.

The Auditor shall issue a separate "management letter" that includes recommendations for improvements in internal control, accounting procedures and other significant observations that are considered to be non-reportable conditions. Management letters shall be addressed to the City Manager.

The audit firm shall prepare the Annual State Controller's Reports for the City of Kerman as part of their Audit & Related Reports and at no additional cost to either entity. 31 Section 5, Item E.

Exhibit ‘B’

COMPENSATION
Service 2024 2025 2026 2027 2028
City audit, including
GANN limit review,
management report,
AFR and GASB 68 and
87 journal entries
$42,000 $43,000 $44,000 $45,000 $46,000
Single Audit per major
program, if required
$5,000 $5,500 $5,500 $6,000 $6,000
State Controller
Reports for Streets
and City, if requested
$5,000 $5,500 $5,500 $6,000 $6,000
Total for Fiscal Year
(not to exceed)
$52,000.00 $54,000.00 $55,000.00 $57,000.00 $58,000.00

HOURLY RATES
Hourly Rates Hours Required Audit Fee
Partner $300 20 $6,000.00
Manager $200 105 $21,000.00
Staff $150 100 $15,000.00
Total 225 $42,000.00
32 Section 5, Item E.

Exhibit ‘C’

INSURANCE
A. Insurance Requirements. AUDITOR shall provide and maintain insurance, acceptable to the City Manager or City Council, in full force and effect throughout the term of this AGREEMENT, against claimsforinjuriesto persons or damages to property that may arise from or in connection with the performance of the work hereunder by AUDITOR, its agents, representatives or employees. Insurance is to be placed with insurers with a current AM. Best's rating of no less than A:VII. AUDITOR shall provide the following scope and limits of insurance:
(1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form Commercial General Liability coverage (at least as broad as the most recent Insurance Services Office (ISO) Form CG 00 01).
2) As broad as the most recent edition of Insurance Services Office form number CA 00 01 covering Business Automobile Liability, including code 1 "any auto".
3) Workers' Compensation statutory insurance asrequired by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the AUDITOR and all risks to such persons under this AGREEMENT.
4) Professional Liability Insurance that insures against professional errors and omissions that may be made in performing professional services associated to the AUDITOR's profession.
(2) Minimum Limits of Insurance. AUDITOR shall maintain limits of insurance no less than:
1) General Liability: $1,000,000 per occurrence, $2,000,000 general aggregate, and $1,000,000 products and completed operations for bodily injury, personal injury and property damage.
2) Automobile Liability: $1,000,000 per accident combined single limit for bodilyinjury and property damage.
3) Workers' Compensation and Employer's Liability: Statutory Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident/disease.
33 Section 5, Item E.
4) Professional Liability Errors and Omissions: $1,000,000 per occurrence and in the aggregate.

B. Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions:
(1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City Manager, City of Kerman. If a carrier will not provide the required notice of cancellation, the AUDITOR shall provide written notice to the City of a cancellation no later than 3 business days before cancellation.
(2) General Liability and Automobile Liability Coverage. 1) CITY, and its respective elected and appointed officers, officials, employees, agents, and volunteers are to be covered and named as additional insured as respects: liability arising out of activities AUDITOR performs; ongoing and products and completed operations of AUDITOR; premises owned, occupied or used by AUDITOR; or automobiles owned, leased, hired or borrowed by AUDITOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees. 2) AUDITOR's insurance coverage shall allow and be endorsed primary insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, AUDITOR's insurance. 3) Coverage shall allow and be endorsed to include a waiver of subrogation in favor of the CITY, and its respective elected and appointed, its officers, officials, employees and volunteers.
4) AUDITOR's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers. 34 Section 5, Item E.
(3) Workers' Compensation and Employer's Liability Coverage.

Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by AUDITOR and provide a waiver of subrogation endorsement.

C. Other Requirements. AUDITOR agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that AUDITOR furnish CITY with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) AUDITOR shall furnish certificates and endorsements from each subcontractor identical to those AUDITOR provides. (2) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the AUDITOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
(3) The procuring ofsuch required policy or policies of insurance shall not be construed to limit AUDITOR's liability hereunder or to fulfill the indemnification provisions and requirements of this AGREEMENT.
35 Section 5, Item E.

STAFF REPORT
MEETING DATE: October 23, 2024
PRESENTER: Michael Barajas, Public Works Director
SUBJECT: Ratification of Emergency Water Line Repair (MB) RECOMMENDATION: Council by motion adopt resolution ratifying emergency repairs to water line and the procurement of services for the repairs from Haydon Construction Inc. in the amount of $36,794.11.

EXECUTIVE SUMMARY:

On Monday, June 24, 2024, at approximately 6:00 a.m., a City inspector was notified by a contractor with Dutch Bros of a significant failure to private road south of Dutch Bros development. City inspector notified City staff of a likely water line failure at the location. City crews confirmed by visual inspection that a ten (10) inch water line had experienced a failure causing a large void in the road and they shut down water main valve to isolate the area.

DISCUSSION:

The water line failure was located in the east quadrant of the City near Goldenrod Ave. and SR 180. Due to the critical nature of the repair and the potential health and safety impact, immediate action was taken by the City to secure the site.

Given the situation, staff submitted a written request to the Purchasing Officer/City Manager for review and approval. Staff believed that this required immediate attention and proceeded with repairs. In addition, it is worth noting that while the water line was being repaired, the area continued to be served by adequate water pressure for fire suppression and potable water.

FISCAL IMPACT:

The total estimated cost of the water line repair is $ 36,794.11. The funds to pay for the water line repair will be allocated from the Water Construction Budget.

ATTACHMENTS:

A. Resolution w/Exhibit
B. Map of Water Line Repair Location
36 Section 5, Item F.

Attachment ‘A’
RESOLUTION NO. 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN RATIFYING

EMERGENCY REPAIRS TO WATER LINE AND THE PROCUREMENT OF SERVICES FOR THE REPAIRS FROM HAYDON CONSTRUCTION INC. IN THE AMOUNT OF $36,794.11 WHEREAS, the City of Kerman experienced a water line failure on June 24, 2024 in the east quadrant of the City near Goldenrod Ave. and SR 180.; and WHEREAS, the Kerman Municipal Code in Section 3.20.060 authorizes the City Manager as the Purchasing Officer to proceed with the immediate purchase of goods, and supplies, equipment, materials, or services in emergency situations; and WHEREAS, the water line failure was a sudden, unexpected occurrence that posed a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of health, property, or essential services; and
WHEREAS, due to the unforeseen water line failure, it was necessary for the City to enter into an emergency repair contract without the time delay of competitive bidding to ensure the health, safety, or essential services; and
WHEREAS, the dollar amount to address the necessary repairs was above the City Manager’s authority, Kerman Municipal Code requires the City Manager to seek ratification of the contract by resolution; and
WHEREAS, the City contracted with the following company: Haydon Construction Inc. to make repairs to the water line.

NOW, THEREFORE, the City Council of the City of Kerman, hereby resolves as follows.

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

Section 2. The City Council finds and determines that the above conditions existed and that it was necessary for City staff to procure emergency repairs of the water line, and that said repairs were necessary for the City to provide potable water.

Section 3. The City Council approves and ratifies the actions of the City Manager and Staff in handling the emergency repairs by contracting with Haydon Construction Inc. in the amount of $36,794.11 as set forth in the billing submitted which is attached and incorporated by reference as Exhibit ‘A’.

Section 4. This resolution is effective upon its adoption. 37 Section 5, Item F.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regularly scheduled meeting held on the 23rd day of October 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

Exhibit 'A'
39 Section 5, Item F.
40 Section 5, Item F.
41 Section 5, Item F.
42 Section 5, Item F.
43 Section 5, Item F.
44 Section 5, Item F.
45 Section 5, Item F.
46 Section 5, Item F.
47 Section 5, Item F.
48 Section 5, Item F.
49 Section 5, Item F.
50 Section 5, Item F.
51 Section 5, Item F.
52 Section 5, Item F.
53 Section 5, Item F.
54 Section 5, Item F.
55 Section 5, Item F.
56 Section 5, Item F.

Attachment 'B'
57 Section 5, Item F.

STAFF REPORT
MEETING DATE: October 23, 2024
PRESENTER: John Jansons, City Manager
SUBJECT: Revised Title and Job Description for Parks Maintenance Technician Position in Community Services Department (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving revised position title of Parks Maintenance Technician I to Maintenance Worker II – Parks and Facilities and approving new job description.

DISCUSSION:

The City recently conducted a review of job descriptions and determined changes were necessary to the position heretofore known as “Parks Maintenance Technician” to better reflect the current duties and responsibilities to a new title of, “Community Services, Maintenance Worker II – Parks and Facilities.” Prior to 2020, several changes were made to the existing job description and duties, but these appear to have never been fully completed or approved, so revisions are now necessary.

The revised job description which is recommended for approval by City Council, is presented as Exhibit ‘A’ and Exhibit ‘B’ presents the outdated version with recommended mark-ups. The revised Job Description also includes an updated Job Title to best reflect the duties and responsibilities of the position in the Community Services Department.

FISCAL IMPACT:

There is no change in salary proposed for this position and therefore, no fiscal impact.

ATTACHMENTS:

A. Resolution w/Exhibits
58 Section 5, Item G.

Attachment ‘A’
RESOLUTION NO. 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING

REVISED POSITION TITLE OF PARKS MAINTENANCE TECHNICIAN POSITION AND APPROVING JOB DESCRIPTION FOR CS MAINTENANCE WORKER II – PARKS AND

FACILITIES
WHEREAS, the City recently conducted an audit of maintenance worker position descriptions; and
WHEREAS, the existing job description for “Parks Maintenance Technician” appears to have been amended, but never fully completed; and
WHEREAS, a clear and current job description and job title is required for optimal employee performance and for appropriate managerial oversight; and WHEREAS, the proposed changes do not affect any incumbents negatively; and WHEREAS, the updated job description and position title have been reviewed and approved of by the KMEA; and
WHEREAS, the proposed update does not result in any salary change or fiscal impact to the city.

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

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

Section 2. The City Council approves the revised position title and the Job Description for “CS, Maintenance Worker II – Parks and Facilities.” as set forth in Exhibit ‘A’ incorporated herein by reference.

Section 3. The new job description and title shall be incorporated into the City approved Position List and Salary Schedules and supersedes any prevision versions. The former Parks Maintenance Technician position is repealed.

Section 4. This resolution is effective upon its adoption. 59 Section 5, Item G.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regularly scheduled meeting held on the 23rd day of October 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
_____________________________
Maria Pacheco
Mayor
ATTEST:
______________________________
Josie Camacho
City Clerk
60 Section 5, Item G.

JOB DESCRIPTION
JD Revision Date: September 10, 2024
Title CS Maintenance Worker II – Parks and Facilities
Department Parks, Recreation & Community Services
Reports To Building & Facilities Supervisor
Bargaining Unit Kerman Miscellaneous Employees Association (KMEA) Definition
Under general supervision, performs a variety of semi-skilled and skilled work in the maintenance of parks, buildings, and facilities; operates a variety of hand tools and equipment; performs related work as required.

Distinguishing
Characteristics
Maintenance Worker II is the advanced working-level class in the Maintenance Worker series.

Performs a variety of semi-skilled and skilled duties in the maintenance and repair of parks and related facilities and equipment. Work is usually closely supervised and fits a pattern, which has been established and explained before work is started. Must demonstrate commitment, dependability and respect for other employees with regular attendance, punctuality and adherence to agreed-upon schedule of availability.

Examples of Duties
 Maintain playground equipment and structures in parks.  Clean and restock restrooms in City parks and facilities.  Pick up rubbish and paper and perform general grounds cleaning at the parks.  Operate janitorial equipment.
 Set up tables, chairs, and required equipment at City facilities.  Drive vehicles as required to transport materials, tools, and equipment.  Work alone or as a member of a crew.
 Perform general park maintenance.
 Clean and maintain City buildings and facilities.
 Assists in moving and installing park and recreation facilities.  Assists in constructing, maintaining, and repairing park equipment and facilities.  Cleaning and maintaining essential tools used on the job.  Performs other related duties as required.

Qualifications
Knowledge Of
 Use and purposes of tools, materials, and equipment used in maintenance work.  Occupational hazards and standard safety precautions in the performance of work.  Basic repair and service methods of said equipment.

Ability To
 Communicate both verbally and in writing.
 Understand and carry out verbal and written instructions.  Perform semi-skilled and skilled park maintenance work.  Work independently in the absence of supervision and take initiative in daily work activities.  Operate a variety of mechanical equipment.
 Perform manual labor.
 Maintain effective relationships with the public, coworkers and supervisors.

Education High School graduation or satisfactory equivalent.

Experience Three years of full-time experience performing maintenance in parks, buildings, or related fields.

Exhibit 'A'
61 Section 5, Item G.

JOB DESCRIPTION - General Maintenance Worker Page 2
Special Qualifications
Driver’s License Possession of a valid California Class C Driver License is required.

Certifications None
Physical Demands
 Working conditions in outside areas are subject to variations in temperature, and may include wind, rain and other elements.
 Requires ability to work safely outdoors in all weather.  Stand, climb and walk for extended periods.
 Work in confined spaces.
 Work on slippery and uneven surfaces.
 Manual dexterity sufficient to grasp, hold object/tools with full range of motion in wrists and arms.  Hearing sufficient to understand conversations, both in person and on the telephone.  Reasonable accommodations will be made for some physical demands for otherwise qualified individuals who require and request such accommodations.  Performing heavy physical labor including lifting of objects above 50 pounds with assistance.  Ability to drive a motor vehicle.

Probationary Period Twelve (12) months
62 Section 5, Item G.

JOB DESCRIPTION
JD Revision Date: January 12, 2016September 10, 2024
Title Parks Maintenance Technician CS Maintenance Worker II – Parks and Facilities Department Parks, Recreation & Community Services
Reports To Community Services DirectorBuilding & Facilities Supervisor Bargaining Unit Kerman Miscellaneous Employees Association (KMEA) Definition
Under general supervision, to performs a variety of unskilled and semi-skilled and skilled work in the maintenance tasks; and to maintenance of parks, buildings, and facilities; operates a variety of hand tools and equipment; performs related work as required. do related work as required Distinguishing
Characteristics
Maintenance Worker II is the advanced working-level class in the Maintenance Worker series. Perform Performs a variety of unskilled and semi-skilled, and skilled dutiestasks in the maintenance and repair of parks and related facilities and equipment. activities. Work is usually closely supervised and fits a pattern, which has been established and explained before work is started. Must demonstrate commitment, dependability and respect for other employees with regular attendance, punctuality and adherence to agreed-upon schedule of availability.

Examples of Duties
 Maintain playground equipment and structures in parks.  Clean and restock restrooms bathrooms of the parks in the Cityin City parks and facilities.  Pick up rubbish and paper and perform general grounds cleaning at the parks.  Operate janitorial cleaning equipment.
 Set up tables, chairs, and required equipment at City facilities.  Drive vehicles as required to transport materials, tools, and equipment.  Work alone or as a member of a crew.
 Perform general park maintenance.
 Provide facility Clean and maintain City buildings and facilities.cleaning at the Senior Center and the Community/Teen.
 Assists in moving and installing park and recreation facilities.  Assists in constructing, maintaining, and repairing park equipment and facilities.  Cleaning and maintaining essential tools used on the job,  Performs other related duties as required
Qualifications
Knowledge Of
 Use and purposes of Basic methods, tools, materials, and equipment used in maintenance work.  Safe work practices.Occupational hazards and standard safety precautions in the performance of work.
 Basic repair and service methods of said equipment
Ability To
 Communicate both verbally and in writing
 Understand and carry out verbal and written instructions  Perform semi-skilled and skilled park maintenance work.  Work independently in the absence of supervision and take initiative in daily work activities.  Operate a variety of light mechanical equipment.
 Perform manual labor.
 Maintain effective relationships with the public, coworkers and supervisors  Work overtime as required
Exhibit 'B'
63 Section 5, Item G.

JOB DESCRIPTION - General Maintenance Worker Page 2
Education Equivalent to the completion of the twelfth grade.High School graduation or satisfactory equivalent.

Experience Three years of full-time experience performing maintenance in parks, buildings, or related fields. Six months of experience in heavy manual work is desired.

Special Qualifications
Driver’s License Possession of a valid California Class C Driver License is required.

Certifications None
Physical Demands
 Working conditions in outside areas are subject to variations in temperature, and may include wind, rain and other elements.
 Requires ability to work safely outdoors in all weather.  Stand, climb and walk for extended periods.
 Work in confined spaces.
 Work on slippery and uneven surfaces.
 Manual dexterity sufficient to grasp, hold object/tools with full range of motion in wrists and arms.  Hearing sufficient to understand conversations, both in person and on the telephone.  Reasonable accommodations will be made for some physical demands for otherwise qualified individuals who require and request such accommodations.  Performing heavy physical labor including lifting of objects above 50 pounds with assistance.  Ability to drive a motor vehicle.

Probationary Period Six Twelve (126) months
64 Section 5, Item G.

STAFF REPORT
MEETING DATE: October 23, 2024
PRESENTER: Jesus A. Gonzalez, City Engineer
SUBJECT: Resolution Accepting the Lions Park Recharge Project and Filing of the Notice of Completion (JG)
RECOMMENDATION: Council by motion adopt resolution accepting the Lions Park Recharge Project and authorizing the City Engineer to record the Notice of Completion.

EXECUTIVE SUMMARY:

The contractor, DG Construction Inc., has satisfactorily completed the work required for the Lions Park Recharge Project. The project consisted of the installation of an actuated valve, water meter, and associated piping at FID’s existing structure located on the west side of Siskiyou Avenue at the Middleton Avenue alignment. In order to close the project out, City Council must accept the improvements and authorize the recording of a Notice of Completion.

The project was advertised for bid and the construction contract was awarded to DG Construction Inc., on September 13, 2023. The contractor began construction on December 13, 2023 and completed the project on September 20, 2024.

The contractor, DG Construction Inc., has satisfactorily completed the project inclusive of approved change order work. In order to close the project out, City Council must accept the improvements and authorize the recording of Notice of Completion.

FISCAL IMPACT:

The City budgeted $522,105 for the project. The final project cost was $509,000 including design, construction, construction engineering, and contingency.

ATTACHMENTS:

A. Resolution
65 Section 5, Item H.

Attachment ‘A’
RESOLUTION NO. 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

ACCEPTING IMPROVEMENTS AND AUTHORIZING FILING OF THE NOTICE OF COMPLETION FOR

THE LIONS PARK RECHARGE PROJECT
WHEREAS, DG Construction, Inc., has completed the work for the Lions Park Recharge Project; and
WHEREAS, the City Public Works Inspector has inspected the improvements required by the City and all improvements required by the City have been completed; and WHEREAS, the City Engineer recommends acceptance of the Lions Park Recharge Project and requests Council to authorize the City Engineer to record the Notice of Completion for the Project.

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

1. The foregoing recitals are incorporated by reference.

2. The Council accepts the Lions Park Recharge Project and authorizes the City Engineer to record the Notice of Completion.

3. This resolution is effective on adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regularly scheduled meeting held on the 23rd day of October 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Josie Camacho
City Clerk
66 Section 5, Item H.

STAFF REPORT
MEETING DATE: October 23, 2024
PRESENTER: Jesus A. Gonzalez, City Engineer
SUBJECT: Approve a reimbursement agreement with Kerman Unified School District (KUSD) for the construction of a segment of 12-inch water main across State Route 180 in the amount of $230,000 (JG)
RECOMMENDATION: Council by motion adopt a resolution approving reimbursement agreement with Kerman Unified School District for installation of 12-inch water main and authorizing the City Manager to sign.

EXECUTIVE SUMMARY:

Kerman Unified School District (KUSD) recently completed construction of Harvest Elementary (Campus), situated along First Street, north of State Route 180. Remaining construction activities related to the Campus are street improvements for access from State Routes 180 and 145.

During the Campus’ development process, it was determined that an anticipated segment of 12- inch water main across State Route 180 did not exist. Based on the benefit of the 12-inch water main, and its vicinity to the state route access improvements, the City coordinated with KUSD for its inclusion within its improvements bid package. KUSD underwent a competitive procurement process under which it publicly advertised its request for construction services.

The procurement process resulted in Avision Construction as the low bidder with the 12-inch water main scope of work coming in at $230,000.00. The costs of the improvements are fully reimbursable to KUSD. Final reimbursement amount for the work will be based on actual incurred costs in accordance with the provisions of the mutually agreed upon cost reimbursement agreement.

Construction of the of the master planned 12-inch water main across State Route 180 by KUSD will 1) provide the City an economy of scale cost savings based on KUSD State Routes access work related to the Campus, 2) avoid future permitting coordination with Caltrans, and 3) put in place water infrastructure beneficial to future
FISCAL IMPACT:

The total estimated reimbursement cost is $230,000.00, inclusive of construction and KUSD administrative costs. The funding will be through the Water Major Facilities Reimbursements account. There are sufficient accounts funds in the FY 24/25 Budget to cover the necessary cost.

ATTACHMENTS:

A. Resolution
B. Reimbursement Agreement
67 Section 7, Item A.

Attachment ‘A’
RESOLUTION NO. 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

APPROVING A REIMBURSEMENT AGREEMENT WITH KERMAN UNIFIED SCHOOL DISTRICT RELATING TO INSTALLATION OF WATER MAIN ACROSS STATE ROUTE 180 AND

AUTHORIZING EXECUTION BY CITY MANAGER
WHEREAS, the City of Kerman (City) is in need of a segment of 12-inch water main across State Route 180 for establishing a contiguous large diameter alignment; and WHEREAS, Kerman Unified School District (KUSD) is engaged in the construction of public improvements for the construction of its new school site (“School Construction Project”); and WHEREAS, the District will construct public improvements over the same area as the City’s necessary 12-inch water main; and
WHEREAS, District has utilized public bidding requirements and contracting procedures for the School Construction Project; and
WHEREAS, it will be in the best interests of the City and its residents to have District construct the 12-inch water main at the time of School Construction Project; and WHEREAS, it will be in the best interests of the District to construct the 12-inch water main at the same time as the School Construction Project; and WHEREAS, construction of the 12-inch water main at this time is economical and an efficient use of resources; and
WHEREAS, KUSD has agreed to construct the 12-inch main improvements for an estimated reimbursement amount of $230,000.00; and
WHEREAS, the final reimbursement amount will be based on actual costs incurred in accordance with provisions of the mutually agreed upon cost reimbursement agreement.

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

1. The foregoing recitals are true and correct.

2. The Council approves the Reimbursement Agreement with Kerman Unified School District Relating to Installation of Water Main attached as Exhibit ‘A’ and incorporated by reference.

3. The City Manager is authorized to sign the reimbursement agreement.

4. This resolution is effective upon adoption.
68 Section 7, Item A.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regularly scheduled meeting held on the 23rd day of October 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
__________________________
Maria Pacheco
Mayor
ATTEST:
__________________________
Josie Camacho
City Clerk
69 Section 7, Item A.

Attachment 'B'
70 Section 7, Item A.
71 Section 7, Item A.
72 Section 7, Item A.
73 Section 7, Item A.
74 Section 7, Item A.

EXHIBIT 'A'
75 Section 7, Item A.
76 Section 7, Item A.
77 Section 7, Item A.