Kerman City Council
December 10, 2025

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, December 10, 2025 at 6:00 PM
City Hall, 850 S. Madera Avenue, Kerman, CA 93630
LEVINE ACT CONTRIBUTION PROHIBITIONS AND MANDATORY DISCLOSURE. The Political Reform Act in Govt Code Section 84308 restricts campaign contributions over $500 to a decision-making public official from a party or participant or their agent in a proceeding involving a contract, license, permit or entitlement for use. The Act requires disclosure of the contribution and recusal where a decision-maker has received $500 or more from a party or participant to a proceeding in the prior 12 months. Participants and agents are required to make this disclosure as well.

A Council Member’s 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.

CONFLICT OF INTEREST DISCLOSURES AND RECUSAL. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure 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. Proclamation & Recognition of Chief Henry’s Retirement – North Central Fire District B. Proclamation & Recognition of Former Mayor Rhonda Armstrong C. Presentation - APWA, Central California Chapter’s 2024 Project of the Year (JAJ) 1 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.

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 - November 12, 2025
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos. 33313-33544 $907,991.32 ACH $267,447.37.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
10/26/2025 to 11/08/2025: $268,150.34; Retro Pay & Other: $949.33; Overtime: $6,353.75; Holiday: $0.00; Standby: $2,107.28; Comp Time Earned: 49.13 11/09/2025 to 11/25/2025: $279,105.97; Retro Pay & Other: $5,214.33; Overtime: $5,368.42; Holiday: $2,186.03; Standby: $2,014.11; Comp Time Earned: 94.50 RECOMMENDATION: Council approve payroll as presented.

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

E. SUBJECT: Resolution Approving On-Call Architectural and Engineering (A&E) Services Agreement for State and Federally Funded Transportation Projects with Yamabe and Horn Engineers for a Three-Year Period in the amount of $500,000 (JAJ) RECOMMENDATION: Council approve resolution approving a Consultant Services Contract (For Local Assistance Federal-Aid Projects) for on-call architectural and engineering (A&E) 2 services between Yamabe and Horn and the City of Kerman for State and Federally funded transportation projects and authorize amendments for a three-year period not to exceed $500,000 dollars.

6. PUBLIC HEARINGS
None.

7. DEPARTMENT REPORTS
A. SUBJECT: Update Regarding Security for Whispering Falls Public Improvements (JAJ) RECOMMENDATION: Council to hear an update on security for public improvements associated with the Whispering Falls development.

B. SUBJECT: Consideration of City Council Donation to Kerman Food Bank to Assist Kerman Households (JAJ)
RECOMMENDATION: Council by motion adopt resolution authorizing a $1,000 (or amount as determined by the City Council) donation to the Kerman Food Bank to support Kerman households.

C. SUBJECT: Mobile Food Vendor Regulations (JJ)
RECOMMENDATION: Informational only.

D. SUBJECT: Discussion Regarding Carwash Fundraisers (JAJ) RECOMMENDATION: Council to hear brief presentation regarding fundraising carwashes with possible direction to Staff.

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
None.

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

ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.net or upon request by emailing the City Clerk at [email protected] or calling (559) 550-1414.

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) 550-1414 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: December 5, 2025 /s/ Josie Camacho, City Clerk
4 IN RECOGNITION OF CHIEF HENRY’S

OUTSTANDING LEADERSHIP AND SERVICE
WHEREAS, Chief Henry was born and raised in the Kerman area and graduated from Central Union High in 1979, where he participated in a Fire Science and EMT ROP courses; and WHEREAS, this experience led him to begin a career in the Fire Service with North Central Fire Protection District in 1978 as a volunteer firefighter and on a Medic Unit at the Kerman fire station until January 1983, after which he joined the City of Fresno as an Airport Public Safety Officer; and
WHEREAS, Chief Henry was promoted through the ranks of the Fresno Fire Department, ultimately retiring in 2016 as a Deputy Fire Chief, and 40 years after starting his career there, returned to the North Central Fire Protection District in July 2018, where he led the transition from contracting with the City of Fresno to reestablish North Central as a fully staffed, independent agency with 6 stations; and
WHEREAS, during his 7 years of service to North Central, Chief Henry has been responsible for many accomplishments, including:
 Creating a path for Kerman High School students to be introduced to a fire service career through the ROP program.
 Establishing a student intern program with Fresno City College Fire Academy, allowing students to apply the knowledge and skills learned in the academy while completing their studies or seeking full-time positions.
 Updating the District’s emergency response equipment and apparatus to meet and exceed industry standards.
 Planning the future with the District’s purchase of 60 acres for a future fire station, emergency operations center, and training facilities,
 And, most proudly, developed an organizational culture of community integration through relationships that exceed traditional fire service models.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Kerman hereby proclaims, recognizes, and honors Chief Tim Henry for his career of service and his retirement from the North Central Fire Protection District.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Kerman to be affixed on this 10th day of December 2025.

Maria Pacheco
Mayor
5 Section 3, Item A.

HONORING THE RETIREMENT OF RHONDA ARMSTRONG
WHEREAS, the City of Kerman has been profoundly shaped by the dedicated leadership, integrity, and vision of Rhonda Armstrong, who has faithfully served the people of this community; and
WHEREAS, Rhonda has consistently demonstrated an unwavering commitment to public service, guiding the City through times of growth, challenge, and opportunity with wisdom, compassion, and steadfast resolve; and
WHEREAS, under Rhonda’s leadership, the City of Kerman has achieved significant milestones, including economic development, infrastructure improvements, community programs, public safety initiatives, environmental progress, etc.; and WHEREAS, she has served as a trusted advocate for the people of Kerman through her service to the City of Kerman and Sebastian Corporation for 53 years, earning the respect and admiration of colleagues, community partners, and citizens alike; and WHEREAS, the retirement of former Mayor Rhonda Armstrong marks the conclusion of a distinguished career in public service and the beginning of a well-earned new chapter in life; and
WHEREAS, the City of Kerman and Staff wish to express its deepest gratitude for Rhonda’s exceptional service and lasting contributions, which will continue to benefit our community for generations to come.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Kerman hereby proclaims that Rhonda Armstrong is recognized, honored, and celebrated for a legacy of exemplary leadership and devoted public service.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Kerman to be affixed on this 10th day of December 2025.

Maria Pacheco
Mayor
6 Section 3, Item B.

CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, November 12, 2025 at 6:00 PM
City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Call to Order - 6:08 p.m.

B. Roll Call - All present.

C. Invocation - Performed by Mayor Pacheco and Copper Tail women’s group.

D. Flag Salute - Performed.

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion to add an item regarding donation to Kerman Food Bank made by Councilmember Herrera and Seconded by Councilmember Dhaliwal.

Ayes: Herrera, Dhaliwal, Yep, Pacheco
Noes: Yep, Hall
Abstain: None

Absent: None
Motion fails 3-2-0-0
Motion to approve agenda as presented made by Mayor Pro Tem Yep and Seconded by Councilmember Herrera.

Ayes: Yep, Herrera, Hall, Dhaliwal, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0

3. PRESENTATIONS/CEREMONIAL MATTERS
A. Proclamation- Native American Heritage Month - Presented to Ms. Mary Goodfellows.

B. Proclamation - Sikh Awareness and Appreciation Month 2025 - Presented to Mr. Gurjant Gill.

C. Recognition - Kerman Honor Banner Committee - Presented to Ron Hardy, Renee Klien, Lora Nehring, and Arlene Villarreal.

D. Proclamation - World Planning Day - Presented to Jerry Jones on behalf of City Staff. 7 Section 5, Item A.

Recess at 7:05 p.m.

Reconvened at 7:12 p.m.

4. PUBLIC FORUM
Ken Boyd, Elena Bustamante, and Jose Sandoval

5. CONSENT CALENDAR
A. SUBJECT: Minutes - October 22, 2025
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)1. Nos. 33153-33312 $1,005,419.93 ACH $181,615.59.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
09/28/2025 to 10/11/2025: $257,648.81; Retro Pay & Other: $4,651.57; Overtime: $5,077.16; Holiday: $0.00; Standby: $1,809.16; Comp Time Earned: 37.13 10/12/2025 to 10/25/2025: $261,465.99; Retro Pay & Other: $4,366.90; Overtime: $9,754.79; Holiday: $0.00; $ Standby: $2,010.01; Comp Time Earned: 91.88 RECOMMENDATION: Council approve payroll as presented.

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

E. SUBJECT: Ordinance Repealing Chapter 3.20 of the Kerman Municipal Code Relating to the City’s Purchasing System and Surplus Property (JA)
RECOMMENDATION: Council by motion waive the full second reading, adopt ordinance repealing Chapters 3.20 and adding new Chapter 3.20 relating to the City’s purchasing system by title only. - Ord. 25-04
Motion made by Councilmember Herrera and Seconded by Councilmember Dhaliwal.

Ayes: Herrera, Dhaliwal, Yep, Hall, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0
8 Section 5, Item A.

6. PUBLIC HEARINGS - Opened - 7:30 p.m.

A. SUBJECT: Public Hearing for Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2025 California Building Standards Code By Reference (JJ) RECOMMENDATION: City Council hold a public hearing, waive full reading, and adopt an Ordinance Amending Chapter 15.04 of Title 15 of the Kerman Municipal Code to Adopt the 2025 California Building Standards Code by Reference. - Ord. 25-03 Public Hearing Closed - 7:32p.m.

Motion made by Councilmember Herrera and Seconded by Councilmember Dhaliwal.

Ayes: Herrera, Dhaliwal, Yep, Hall, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0

7. DEPARTMENT REPORTS
A. SUBJECT: Proposed Public Safety Camera System (SW)
RECOMMENDATION: Council by motion adopt resolution approving a five-year contract with Flock Group, Inc. dba Flock Safety for the installation and support of a public safety camera system in the amount of $454,950.00 (excluding tax), pursuant to Omnia Partners Contract No.

R250203. - Res. 25-80
Motion made by Mayor Pro Tem Yep and Seconded by Councilmember Herrera.

Ayes: Yep, Herrera, Dhaliwal, Hall, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0
B. SUBJECT: Consideration of Professional Services Agreement with ELS Architecture and Urban Design regarding the Kerman Area Multi-Generational Resiliency Center (TJ) RECOMMENDATION: Council by motion adopt a resolution approving the Kerman Area MultiGenerational Resiliency Center Architectural Design Services Agreement with ELS Architecture and Urban Design regarding the Kerman Area Multi-Generational Resiliency Center located at 15100 W. Kearney Blvd. for $1,228,725.00 and authorize the City Manager to execute the agreement. - Res. 25-81
9 Section 5, Item A.

Motion made by Councilmember Hall and Seconded by Mayor Pro Tem Yep.

Ayes: Hall, Yep, Herrera, Dhaliwal, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0
C. SUBJECT: The Orchards at Gill Estates Project: General Plan Amendment (GPA 2023-02), Rezone (REZ 2023-03), Tentative Parcel Map (TPM 2024-01), Tentative Subdivision Map (TSM 2023- 03), Annexation (ANX 2023-03), and Mitigated Negative Declaration (SCH No. 2025060904) Pertaining To Two (2) Parcels Located On The South Side of West Nielsen Avenue Between North Madera Avenue and North Del Norte Avenue (APNs 020-120-06 and 020-120-03S) (BE) RECOMMENDATION: Council consider the second reading of the ordinance, adoption of the Tentative Subdivision Map Resolution, Tentative Parcel Map Resolution, and Annexation Initiation Resolution; deliberate; and by motion:

1. Waive the full reading and adopt an Ordinance of the City Council of the City of Kerman amending the official zoning map for two (2) parcels identified as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020-120-03S (20 acres), pre-zoning the parcels consistent with the proposed land use designations, resulting in approximately

30.39 acres within the Smart Development Combining District – Residential – minimum 3,500 square feet (SD-R-3.5), 8.74 acres within the Mixed Use District, totaling approximately 39.13 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue. - Ord. 25-05

2. Adopt a Resolution of the City Council of the City of Kerman approving Tentative Parcel Map 2024-01 for two (2) parcels identified as 020-120-06 (19.82 acres) and 020-120-03S (20 acres) into two (2) parcels and one (1) remainder, including a 28.35-acre “Parcel 1” that would accommodate TSM 2023-03, a 8.74-acre “Parcel 2” on the east portion of APN 020-120-06 with no development proposed at this time, and a 2.04-acre “Remainder” on the northwest corner with an existing single-family residence; and - Res. 25-82

3. Adopt a Resolution of the City Council of the City of Kerman approving Tentative Subdivision Map 2023-03 for one (1) parcel (Parcel 1 of TPM 2024-01) into 172 singlefamily lots ranging in size from 3,690 square feet to 8,987 square feet and five (5) outlots, totaling approximately 28.35 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue; and - Res. 25-84

4. Adopt a Resolution of the City Council of the City of Kerman initiating annexation of two (2) parcels identified as Assessor’s Parcel Numbers (APNs) 020-120-06 (19.82 acres) and 020-120-03S (20 acres), totaling approximately 40 acres located on the south side of West Nielsen Avenue between North Madera Avenue and North Del Norte Avenue (Annexation 2023-03). - Res. 25-85
10 Section 5, Item A.

Motion made by Councilmember Dhaliwal and Seconded by Councilmember Hall.

Ayes: Dhaliwal, Hall, Herrera, Yep, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0
D. SUBJECT: Ratification of Well No. 15 Water Well Repairs (MB) RECOMMENDATION: Council by motion adopt resolution ratifying award of contract to Arsenal Well Drilling, Inc. for repairs to Well No. 15 in the amount of $ 89,900.46. - Res. 25-86 Motion made by Councilmember Hall and Seconded by Councilmember Dhaliwal.

Ayes: Hall, Dhaliwal, Herrera, Yep, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0
E. SUBJCT: Budget Adjustments for 1st Quarter Fiscal Year 2025/2026 (JA) RECOMMENDATION: Council review and adopt resolution adopting revisions to the Fiscal Year 2025/2026 Budget. - Res. 25-87
Motion made by Councilmember Herrera and Seconded by Councilmember Dhaliwal.

Ayes: Herrera, Dhaliwal, Yep, Hall, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0
F. SUBJECT: Fourth Amendment to Employment Agreement with City Manager (HCM) RECOMMENDATION: Council is asked to consider and determine whether to adopt a resolution approving a fourth amendment to Employment Agreement with City Manager. - Res. 25-88 Public Comment: Cherie Smith
Motion made by Councilmember Herrera and Seconded by Mayor Pro Tem Yep.

Ayes: Yep, Herrera, Dhaliwal, Hall, Pacheco
Noes: None
Abstain: None

Absent: None
Motion passes 5-0-0-0

8. CITY MANAGER/STAFF COMMUNICATIONS
11 Section 5, Item A.

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

1. Study on speed bumps for streets near schools

2. Staff was directed to work with Boyd & Associates and City Attorney to work through any issues to move their project along.

3. Report regarding car washes policies.

4. Informational overview on the existing Ordinance Code regarding Food Trucks.

5. Report for action to make a donation to the Kerman Food Bank.

10. CLOSED SESSION - None

11. ADJOURNMENT - 9:04 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 City Hall, 850 S. Madera Ave, Kerman, CA.

Date: November 13, 2025 /s/ Josie Camacho, City Clerk
12 Section 5, Item A.

Accounts Payable
User:

Printed:

VSandoval
11/26/2025 4:46 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 10/31/2025 11,243.77 ACH 10517 FEDERAL TAXES PAYROLL 10/31/2025 66,056.93
ACH 10520 ICMA-RC 10/31/2025 3,888.56
Total for 10/31/2025: 81,189.26
33313 UB*02013 AUDREE ALCORN 11/03/2025 17.83
33314 UB*02020 JAVIER & PATRICIA BARBOZA 11/03/2025 49.83 33315 UB*02012 LEANNE BORQUEZ 11/03/2025 8.21
33316 UB*02010 LILIAN CHIMARRO MORALES 11/03/2025 196.76 33317 UB*02017 MICHELLE ELIZONDO 11/03/2025 172.65
33318 UB*02016 OR CITY OF KERMAN 11/03/2025 0.04
33319 UB*02009 OR VICTOR SALAS 11/03/2025 33.89
33320 UB*02011 FRANCISCO RIZO 11/03/2025 150.00
33321 UB*02014 KULWINDER SIDHU 11/03/2025 80.32
33322 UB*02019 GURDIP SINGH 11/03/2025 4.20
33323 UB*02018 MARIA DE LA LUZ VAZQUEZ VALDOVINOS 11/03/2025 62.87 33324 UB*02015 DENISE RAQUEL ZUNIGA 11/03/2025 144.03
Total for 11/3/2025: 920.63
ACH 10522 CALPERS 11/04/2025 44,027.16
ACH 10386 US BANK CORPORATE PAYMENT 11/04/2025 14,341.87 Total for 11/4/2025: 58,369.03
ACH 10522 CALPERS 11/05/2025 840.38
33325 11493 24 / 7 PET VETS 11/05/2025 257.40
33326 12878 BAL GENERAL CONSTRUCTION 11/05/2025 6,597.25 33327 10056 BOGIE'S PUMP SYSTEMS 11/05/2025 2,026.55
33328 10061 BSK ASSOCIATES 11/05/2025 570.00
33329 10218 JEANNA BURDINE-SLAVEN 11/05/2025 204.40
33330 10064 CAL VALLEY PRINTING 11/05/2025 135.31
33331 10078 CALIFORNIA STATE DISBURSEMENT 11/05/2025 969.23 33332 12844 CALIFORNIA STATE DISBURSEMENT CALIFORNIA STATE DISBURSEMENT 11/05/2025 161.53 33333 11633 FAVIOLA CARDENAS 11/05/2025 21.00
33334 10564 CITY OF KERMAN 11/05/2025 1,047.75
33335 10104 COMCAST 11/05/2025 498.48
33336 11382 DATA TICKET INC 11/05/2025 61.03
33337 10125 DEPARTMENT OF AGRICULTURE 11/05/2025 572.09 33338 11999 DOG WASTE DEPOT 11/05/2025 384.64
33339 10458 RAUL HERRERA ECN POLYGRAPH AND INVESTIGATIONS 11/05/2025 250.00 33340 10619 EDD 11/05/2025 2,917.00
33341 11167 FRESNO COUNTY TAX COLLECTOR 11/05/2025 12,695.60 33342 10164 FRESNO IRRIGATION DISTRICT 11/05/2025 117,175.00 33343 12379 GILL CHEVROLET 11/05/2025 90.89
33344 12901 GILMORE & BELL PC 11/05/2025 2,000.00
AP Checks by Date - Summary by Check Date (11/26/2025 4:46 PM) Page 1 13 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
33345 10185 GRAINGER 11/05/2025 28.98
33346 11358 GREAT AMERICA FINANCIAL SERVICES11/05/2025 356.16 33347 10201 HORIZON 11/05/2025 969.99
33348 10226 JORGENSEN & CO 11/05/2025 58.85
33349 10485 JP AIR CONDITIONING & HEATING 11/05/2025 2,678.00 33350 10233 KERMAN CHAMBER OF COMMERCE 11/05/2025 125.00 33351 10252 LITHIA FORD OF FRESNO 11/05/2025 34.40
33352 10335 MADERA FORD 11/05/2025 1,617.84
33354 10265 MONTOY LAW CORPORATION 11/05/2025 13,647.98 33355 12356 NOTORIOUS GRAFIX 11/05/2025 170.65
33356 10282 OFFICE DEPOT 11/05/2025 412.59
33357 10289 P.G.& E. 11/05/2025 18,233.32
33358 11891 PACE SUPPLY 11/05/2025 2,278.56
33359 12523 PAMOIST PET HOSPITAL 11/05/2025 313.00
33360 BP-PERE1 ROBERTO PEREZ SORIA 11/05/2025 459.62
33361 12053 R & L MUSIC ENT 11/05/2025 175.00
33362 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 11/05/2025 221.01 33363 12475 SAN JOAQUIN PEST CONTROL 11/05/2025 1,008.00 33364 10332 SEBASTIAN 11/05/2025 1,996.86
33365 10862 SIGNMAX 11/05/2025 361.93
33366 11650 SITEONE LANDSCAPE SUPPLY, LLC 11/05/2025 328.66 33367 12368 SPECIALTY HOSE EXPRESS LLC 11/05/2025 975.33 33368 10345 STATE OF CALIFORNIA 11/05/2025 50.00
33369 11460 SUPERIOR POOL PRODUCTS LLC 11/05/2025 763.84 33370 12581 TATES TSHIRT DESIGNS AND PRINTS, LLC11/05/2025 286.60 33371 10357 TAYLOR MADE IRRIGATION 11/05/2025 290.26
33372 10754 THE HOME DEPOT PRO-SUPPLY WORKS11/05/2025 170.20 33373 10371 TJ LAW & ASSOCIATES INVESTIGATIONS11/05/2025 2,000.00 33374 10168 UNITY IT 11/05/2025 10,449.76
33375 12178 VALLEY ANIMAL CENTER SPAY & NEUTER CLINIC 11/05/2025 495.00 Total for 11/5/2025: 210,432.92
33384 11493 24 / 7 PET VETS 11/13/2025 252.90
33385 11387 LUISA AGUIRRE 11/13/2025 676.00
33386 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 11/13/2025 3,834.62 33387 12530 APOLLO HEALTH INC 11/13/2025 300.00
33388 10035 AQUA NATURAL SOLUTIONS 11/13/2025 478.78
33389 12476 RUTH BELMONTE 11/13/2025 1,087.17
33390 10061 BSK ASSOCIATES 11/13/2025 175.00
33391 10617 C A REDING CO INC 11/13/2025 168.10
33392 12902 VALERIE CASTILLO 11/13/2025 150.00
33393 10564 CITY OF KERMAN 11/13/2025 430.00
33394 12871 CLOVIS TRUCK CENTER 11/13/2025 937.15
33395 10106 CON EDISON CLEAN ENERGY 11/13/2025 17,495.58 33396 10107 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 11/13/2025 410.61 33397 10108 COOKS COMMUNICATIONS CORP 11/13/2025 547.05 33398 10111 CPRS DISTRICT 7 11/13/2025 410.00
33399 10114 CROWN SHORT LOAD CONCRETE 11/13/2025 769.36 33400 12521 EDIS 11/13/2025 7,825.38
33401 10144 ELBERT DISTRIBUTING INC 11/13/2025 981.63
33402 12565 FEDEX FREIGHT 11/13/2025 4,015.72
33403 10162 FRESNO COUNTY TREASURER 11/13/2025 25,711.44 33404 11358 GREAT AMERICA FINANCIAL SERVICES11/13/2025 172.77 33405 11468 GREEN HILLS NURSERY INC 11/13/2025 742.20
33406 10193 HAVENS SECURITY INC 11/13/2025 391.96
33407 10201 HORIZON 11/13/2025 31.42
AP Checks by Date - Summary by Check Date (11/26/2025 4:46 PM) Page 2 14 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
33408 10514 ICAD INC 11/13/2025 4,722.04
33409 10678 MAC'S EQUIPMENT INC 11/13/2025 1,128.96
33410 10335 MADERA FORD 11/13/2025 362.10
33411 10261 MID VALLEY DISPOSAL INC 11/13/2025 156,595.49 33412 10262 MID VALLEY DISTRIBUTORS INC 11/13/2025 46.65 33413 12881 MINERAL KING PUBLISHING INC 11/13/2025 1,499.00 33414 10289 P.G.& E. 11/13/2025 3,502.52
33415 12523 PAMOIST PET HOSPITAL 11/13/2025 1,695.00
33416 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 11/13/2025 262.46 33417 10319 RENO'S HARDWARE 11/13/2025 1,129.90
33418 12592 REXEL 11/13/2025 209.40
33419 11714 ROD CARSEY 11/13/2025 881.27
33420 10327 SAFETY KLEEN SYSTEMS INC 11/13/2025 309.83
33421 10862 SIGNMAX 11/13/2025 113.76
33422 11650 SITEONE LANDSCAPE SUPPLY, LLC 11/13/2025 7,846.20 33423 12368 SPECIALTY HOSE EXPRESS LLC 11/13/2025 176.71 33424 11907 SPRINGBROOK HOLDING COMPANY LLC11/13/2025 1,846.00 33425 11460 SUPERIOR POOL PRODUCTS LLC 11/13/2025 910.37 33426 10358 TECH DISTRIBUTION & TIRE SPLY 11/13/2025 935.84 33427 12516 MARIA VARGAS 11/13/2025 150.00
33428 12290 VERIZON 11/13/2025 1,632.85
33429 10401 WALLYS TIRE AND WHEEL 11/13/2025 207.55
Total for 11/13/2025: 254,158.74
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 11/14/2025 10,635.24 ACH 10517 FEDERAL TAXES PAYROLL 11/14/2025 65,096.42
ACH 10518 KERMAN POLICE OFFICERS ASSN 11/14/2025 878.25 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN11/14/2025 255.00 ACH 10520 ICMA-RC 11/14/2025 4,138.56
ACH 10522 CALPERS 11/14/2025 45,334.45
Total for 11/14/2025: 126,337.92
ACH 10644 US BANK EQUIPMENT FINANCE 11/19/2025 710.78
33430 11493 24 / 7 PET VETS 11/19/2025 257.40
33431 10021 ALERT O LITE 11/19/2025 397.84
33432 11708 ALTEC INDUSTRIES INC 11/19/2025 213.53
33433 12257 AMERITAS LIFE INSURANCE CORP- VISION FEES 11/19/2025 1,065.24 33434 10035 AQUA NATURAL SOLUTIONS 11/19/2025 997.47
33435 11247 RAQUEL ARREDONDO 11/19/2025 268.22
33436 10040 AT&T MOBILITY 11/19/2025 4,312.33
33437 10504 AUTOZONE 11/19/2025 1,371.61
33438 11917 BLAIS & ASSOCIATES LLC 11/19/2025 2,559.00
33439 10061 BSK ASSOCIATES 11/19/2025 271.25
33440 10218 JEANNA BURDINE-SLAVEN 11/19/2025 107.82
33441 10617 C A REDING CO INC 11/19/2025 172.93
33442 10064 CAL VALLEY PRINTING 11/19/2025 227.33
33443 12658 CALIFORNIA POLICE TRAINING MANAGERS ASSOCIATION 11/19/2025 200.00 33444 10078 CALIFORNIA STATE DISBURSEMENT 11/19/2025 969.23 33445 12844 CALIFORNIA STATE DISBURSEMENT CALIFORNIA STATE DISBURSEMENT 11/19/2025 161.53 33446 10452 CITY OF FRESNO WMD 11/19/2025 632.50
33447 11498 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 11/19/2025 890.41 33448 10108 COOKS COMMUNICATIONS CORP 11/19/2025 253.91 33449 10114 CROWN SHORT LOAD CONCRETE 11/19/2025 2,022.00 33450 11874 CSG CONSULTANTS INC 11/19/2025 11,941.00
33451 10128 DEPARTMENT OF JUSTICE 11/19/2025 532.00
AP Checks by Date - Summary by Check Date (11/26/2025 4:46 PM) Page 3 15 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
33452 BP-DHAL KANWALDEEP DHALIWAL 11/19/2025 468.00
33453 10139 DOOLEY ENTERPRISES INC 11/19/2025 885.79
33454 12019 ELITE UNIFORMS 11/19/2025 1,013.29
33455 12774 ENVIRONMENTAL WATER SOLUTIONS 11/19/2025 1,084.00 33456 10157 FERGUSON ENTERPRISES INC 11/19/2025 818.55
33457 10161 FRESNO COUNTY TREASURER 11/19/2025 475.00
33458 10842 FRESNO ECONOMIC OPPORTUNITIES COMMISSION 11/19/2025 372.26 33459 10169 FRESNO PET CEMETERY 11/19/2025 385.50
33460 11358 GREAT AMERICA FINANCIAL SERVICES11/19/2025 499.92 33461 12187 HAMNER JEWELL & ASSOCIATES 11/19/2025 150.00 33462 10201 HORIZON 11/19/2025 1,668.39
33463 12793 JMP OFFICE TECHNOLOGIES 11/19/2025 241.53
33465 10230 KENT M KAWAGOE PHD 11/19/2025 1,125.00
33466 10238 KERMAN UNIFIED SCHOOL DIST 11/19/2025 1,242.20 33467 11677 KINGS RIVER CASTING INC 11/19/2025 5,406.95 33468 12882 LASSEN COMMUNITY COLLEGE 11/19/2025 147.75
33469 12890 JOSE LEYVA 11/19/2025 450.00
33470 10678 MAC'S EQUIPMENT INC 11/19/2025 7,236.38
33471 10260 METRO UNIFORM & ACCESSORIES 11/19/2025 578.22 33472 12881 MINERAL KING PUBLISHING INC 11/19/2025 297.00 33473 11965 MISSION UNIFORM SERVICE 11/19/2025 6,556.20 33474 12704 MULLIGAN AUTOMOTIVE 11/19/2025 600.00
33475 BP-NATT RAJIQBAL & GULSHANDEEP NATT 11/19/2025 468.00 33476 10282 OFFICE DEPOT 11/19/2025 1,026.29
33477 10286 O'REILLY AUTOMOTIVE INC 11/19/2025 6,654.06 33478 10289 P.G.& E. 11/19/2025 19,887.70
33479 12523 PAMOIST PET HOSPITAL 11/19/2025 863.00
33480 10301 PETTY CASH 11/19/2025 241.49
33481 12026 PRECISION CIVIL ENGINEERING INC 11/19/2025 8,904.00 33482 12808 QUADIENT FINANCE USA INC 11/19/2025 556.62
33483 12053 R & L MUSIC ENT 11/19/2025 225.00
33484 12524 R&S ERECTION TRI-COUNTY INC 11/19/2025 1,162.50 33485 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 11/19/2025 257.86 33486 11041 ROSENBALM ROCKERY 11/19/2025 1,004.95
33487 12475 SAN JOAQUIN PEST CONTROL 11/19/2025 105.00
33488 11212 SE ELECTRIC 11/19/2025 80.00
33489 10862 SIGNMAX 11/19/2025 177.10
33490 11650 SITEONE LANDSCAPE SUPPLY, LLC 11/19/2025 254.59 33491 10337 SLUMBERGER LUMBER 11/19/2025 1,132.20
33492 12368 SPECIALTY HOSE EXPRESS LLC 11/19/2025 178.49 33493 10345 STATE OF CALIFORNIA 11/19/2025 50.00
33494 10354 T & T PAVEMENT MARKINGS 11/19/2025 269.71
33495 12581 TATES TSHIRT DESIGNS AND PRINTS, LLC11/19/2025 54.49 33496 10357 TAYLOR MADE IRRIGATION 11/19/2025 37.32
33497 10754 THE HOME DEPOT PRO-SUPPLY WORKS11/19/2025 489.12 33498 12705 THE OFFICE OF PHILANTHROPY- COMMUNIT 11/19/2025 Y HEALTH SYSTE 166.50 33499 10374 TRI TECH FORENSICS INC 11/19/2025 165.55
33500 10651 UNION PACIFIC RAILROAD COMPANY 11/19/2025 276.49 33501 BP-VALA GUSTAVO VALADEZ 11/19/2025 468.00
33502 10391 VALLEY FARM SUPPLY STORES 11/19/2025 2,848.53 33503 12290 VERIZON 11/19/2025 83.60
33504 10406 WEST HILLS OIL INC 11/19/2025 8,304.91
33505 12344 WHITE CAP LP 11/19/2025 996.01
33506 10413 YAMABE & HORN ENGINEERING INC 11/19/2025 186,261.51 Total for 11/19/2025: 305,887.85
AP Checks by Date - Summary by Check Date (11/26/2025 4:46 PM) Page 4 16 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
33507 11493 24 / 7 PET VETS 11/24/2025 257.40
33508 12906 ALAMEDA COUNTY SHERIFFS OFFICE 11/24/2025 552.00 33509 12544 AMERICAN PAVING CO 11/24/2025 32,864.24
33510 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 11/24/2025 1,761.20 33511 10035 AQUA NATURAL SOLUTIONS 11/24/2025 982.35
33512 10054 BLUE SHIELD OF CALIFORNIA 11/24/2025 66,930.34 33513 10617 C A REDING CO INC 11/24/2025 211.75
33514 10092 CENTRAL VALLEY TOXICOLOGY INC 11/24/2025 88.00 33515 10109 AUDITOR CONTROLLER/TREASURER-TAX COLLECTOR COUNTY OF FRESNO 11/24/2025 364.00 33516 11382 DATA TICKET INC 11/24/2025 83.90
33517 10144 ELBERT DISTRIBUTING INC 11/24/2025 664.16
33518 12767 JONATHAN FARR 11/24/2025 473.00
33519 10162 FRESNO COUNTY TREASURER 11/24/2025 614.04
33520 12379 GILL CHEVROLET 11/24/2025 224.27
33521 11358 GREAT AMERICA FINANCIAL SERVICES11/24/2025 497.54 33522 10201 HORIZON 11/24/2025 561.42
33523 10514 ICAD INC 11/24/2025 262.50
33524 11923 JOE A GONSALVES & SON 11/24/2025 1,250.00
33525 12522 HARMEEN KAUR 11/24/2025 387.80
33526 11459 LAWSON PRODUCTS INC 11/24/2025 110.76
33527 10250 LIEBERT CASSIDY WHITMORE 11/24/2025 145.50
33528 11699 LORENA OBEZO 11/24/2025 250.00
33529 10335 MADERA FORD 11/24/2025 289.68
33530 10260 METRO UNIFORM & ACCESSORIES 11/24/2025 581.49 33531 12704 MULLIGAN AUTOMOTIVE 11/24/2025 200.00
33532 10272 MUTUAL OF OMAHA 11/24/2025 3,436.59
33533 10282 OFFICE DEPOT 11/24/2025 718.96
33534 10289 P.G.& E. 11/24/2025 350.71
33535 12523 PAMOIST PET HOSPITAL 11/24/2025 1,700.00
33536 10596 RED WING BUSINESS ADVANTAGE ACCOUNT 11/24/2025 474.29 33537 11650 SITEONE LANDSCAPE SUPPLY, LLC 11/24/2025 341.82 33538 12368 SPECIALTY HOSE EXPRESS LLC 11/24/2025 26.78 33539 11460 SUPERIOR POOL PRODUCTS LLC 11/24/2025 688.84 33540 10863 SWRCB 11/24/2025 55.00
33541 10358 TECH DISTRIBUTION & TIRE SPLY 11/24/2025 184.53 33542 10015 THE ADVANCE GROUP INC 11/24/2025 1,971.14
33543 10406 WEST HILLS OIL INC 11/24/2025 1,736.34
Total for 11/24/2025: 122,292.34
33544 12520 TERRI CUBILLOS & JACLYNN CASTRO 11/25/2025 15,850.00 Total for 11/25/2025: 15,850.00
Report Total (235 checks): 1,175,438.69
AP Checks by Date - Summary by Check Date (11/26/2025 4:46 PM) Page 5 17 Section 5, Item B.

CITY OF KERMAN PAYROLL REPORT

RETRO PAY GROSS COMP TIME
& OTHER Hours Amount Hours Amount Hours Amount SALARY EARNED Grand Total $ 268,150.34 $ 949.33 $ 123.99 $ 6,353.75 $ - $ - $ 84.50 $ 2,107.28 $ 277,560.71 $ 49.13 PAY PERIOD: October 26, 2025 - November 08, 2025
OVERTIME HOLIDAY at 1/2 TIME STANDBY Salary

18 Section 5, Item C.

CITY OF KERMAN PAYROLL REPORT

RETRO PAY GROSS COMP TIME
& OTHER Hours Amount Hours Amount Hours Amount SALARY EARNED Grand Total $ 279,105.97 $ 5,214.33 $ 107.33 $ 5,368.42 $ 119.00 $ 2,186.03 $ 68.00 $ 2,014.11 $ 293,888.86 $ 94.50 PAY PERIOD: November 9, 2025 - November 22, 2025
OVERTIME HOLIDAY at 1/2 TIME STANDBY Salary

19 Section 5, Item C.

CITY OF KERMAN
CD/Securities Portfolio
As of October 31, 2025 6/30/2025 6/30/2026 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:

Pacific Member Bank Irvine 615-030525-245 5.00% 3/15/24 9/15/25 243,000.00 (243,000.00) - - 6,124.93 Discover Bank Greenwood 615-030525-245 3.55% 9/20/22 9/22/25 245,000.00 (245,000.00) - - 4,432.15 BMW Bank North Amer Salt Lake 615-030525-245 0.50% 9/25/20 9/25/25 249,000.00 (249,000.00) - - 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) - - 5,063.84 Flagstar Bank National Association 615-030525-245 5.20% 6/11/24 1/13/26 243,000.00 243,000.00 243,541.89 - US Government Bonds
Federal Home Loan Bank 615-030525-245 5.00% 10/29/24 10/30/29 500,000.00 (500,000.00) - - 6,250.00 Federal Home Loan Bank 615-030525-245 4.80% 5/28/25 5/15/28 500,000.00 (500,000.00) - - 5,133.33 Federal Home Loan Bank 615-030525-245 4.50% 6/30/25 6/23/28 280,000.00 (280,000.00) - - 2,905.00 Federal Home Loan Bank 615-030525-245 4.50% 3/24/25 3/24/28 251,000.00 (251,000.00) - - 5,647.50 Federal Home Loan Bank 615-030525-245 4.75% 10/30/24 10/30/29 500,000.00 (500,000.00) - - 11,875.00 Federal Home Loan Bank 615-030525-245 4.50% 1/30/25 7/30/27 500,000.00 (500,000.00) - - 16,875.00 Federal Home Loan Bank 615-030525-245 5.00% 5/28/25 5/14/30 500,000.00 500,000.00 500,170.00 - Federal Home Loan Bank 615-030525-245 4.50% 7/30/25 7/28/28 500,000.00 500,000.00 500,155.00 - Federal Home Loan Bank 615-030525-245 4.55% 8/19/25 2/19/26 500,000.00 500,000.00 500,060.00 - Federal Home Loan Bank 615-030525-245 4.20% 9/24/25 9/13/30 750,000.00 750,000.00 749,737.50 - Federal Home Loan Bank 615-030525-245 4.00% 10/15/25 10/15/29 535,000.00 535,000.00 532,849.30 - Federal Home Loan Bank 615-030525-245 4.00% 10/30/25 10/22/29 600,000.00 600,000.00 599,544.00 - Federal Home Loan Bank 615-030525-245 4.52% 5/7/25 11/7/28 503,000.00 503,000.00 503,035.21 - Federal Home Loan Bank 615-030525-245 4.00% 10/30/25 10/30/28 600,000.00 600,000.00 599,388.00 - 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 4.50%
Total CD's 5,214,000.00 17,000.00 - 5,231,000.00 5,228,480.90 64,997.85 Securities America Sweep Program
Beginning Balance 67.00 67.00
Transfers In/(Out) 7/1-7/31/25 19,482.01 19,482.01
8/1-8/31/25 (19,549.01) (19,549.01)
9/16-9/30/25 537,687.20 537,687.20
10/1-10/31/25 -512413.89 (512,413.89)

67.00 25,206.31 - 25,273.31 25,273.31 -
20 Section 5, Item D.

CITY OF KERMAN
CD/Securities Portfolio
As of October 31, 2025 6/30/2025 6/30/2026 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 Local Agency Investment Fund
Beginning Balance 98-10-400 18,458,212.85 18,458,212.85 - Interest 4.40% 7/15/25 202,228.94 202,228.94 202,228.94

4.34% 10/15/25 203,843.34 203,843.34
- -
Transfers In/(Out) -
-
-
Total - LAIF 4.37% 18,458,212.85 406,072.28 - 18,864,285.13 18,864,285.13 202,228.94 Central Valley Money Market Acct 015030960
Beginning Balance 3,649,281.76 3,649,281.76
Interest 7/31/25 247.95 247.95 247.95
8/31/25 231.97 231.97
9/30/25 255.98 255.98
10/31/25 208.55 208.55
- -
Transfers In/(Out) -
10/14/25 (1,000,000.00) (1,000,000.00)
-

0.08% -
3,649,281.76 (999,055.55) - 2,650,226.21 2,650,226.21 247.95 Subtotal All City Investments 2.98% 27,321,494.61 (575,983.27) - 26,745,511.34 26,742,992.24 267,474.74 27,321,561.61 (550,776.96) - 26,770,784.65 26,768,265.55 267,474.74 Market Value Adjustment (2,519.10)
(550,776.96)
(550,776.96)
-
Total Investments
21 Section 5, Item D.

STAFF REPORT
MEETING DATE: December 10, 2025
PRESENTER: John Jansons, City Manager
SUBJECT: Resolution Approving On-Call Architectural and Engineering (A&E) Services Agreement for State and Federally Funded Transportation Projects with Yamabe and Horn Engineers for a Three Year Period in the amount of $500,000 (JAJ) RECOMMENDATION: Council by motion adopt resolution approving a Consultant Services Contract (For Local Assistance Federal-Aid Projects) for on-call architectural and engineering (A&E) services between Yamabe and Horn and the City of Kerman for State and Federally funded transportation projects and authorize amendments for a three-year period not to exceed $500,000 dollars.

DISCUSSION:

There currently is no state approved agreement for A&E services between the City of Kerman and an engineering consultant; therefore, in order for the City to be in compliance with state and federal laws and regulations and for the City to request funding for transportation projects, an A&E consultant is required per California Department of Transportation (Cal-Trans) Local Assistance Procedures Manual (LAPM).

The City solicited proposals from qualified firms twice. The first solicitation yielded only one response. Upon direction by Cal Trans, the City conducted a second solicitation, which yielded only two responses, one of which was disqualified for not adhering to solicitation instructions.

As a result, Cal Trans and the City have received Federal Highways Administration approval to move forward with the single source procurement. Through this State and Federal specific selection process, Yamabe and Horn is being recommended as the consultant for the City of Kerman. The total amount of the agreement with Yamabe and Horn shall not exceed $500,000 for a performance contract period of three years with two one-year extensions possible. The contract will allow pending transportation projects to commence and for Yamabe and Horn to provide a crucial set of services based on task orders assigned by the City.

The City of Kerman consistently seeks to improve its transportation infrastructure and provide essential services to its residents. Many of these projects are funded, in whole or in part, by State and/or Federal funding sources, often involving coordination with the California Department of Transportation (Cal-Trans). With a new contract in place, the City will be able to move forward with new state and federally funded projects with architectural and engineering services eligible for reimbursement
The City has followed the procedures directed by the Caltrans Local Assistance Procedural Manual (LAPM) with respect to issuing a Request for Qualifications (RFQ) from qualified 22 Section 5, Item E.
engineering firms for On-Call Engineering Services for State and Federally Funded Transportation Projects. The scope of services the City requested include, but are not limited to: Project Management, Preliminary Engineering Studies, Survey and Mapping, Preliminary Environmental Studies, Utility Coordination, Right of Way Phase & Determination, Design, Coordination with Adjacent Properties, Construction Phase Authorization, Bid Process, Construction Management, and Grant Administration.

The procurement process reviewed and verified the consultant’s adherence to Federal, State and City contract procurement requirements, and the City has identified Yamabe and Horn Engineering as qualified to provide the services needed.

Having a single, prime consultant for on-call engineering services in which the consultant will provide engineering design, land surveying, environmental services, construction management/ administration services and follow the City standards along with all pertinent Federal, State, and City rules and regulations is beneficial to the City.

These services will help in the construction roadways and other transportation-related projects each year which will greatly improve the infrastructure of the City. Therefore, it is recommended to enter into an agreement with Yamabe and Horn Engineering for State and Federally funded transportation projects for a three -year period in the amount of $500,000, with the option to extend for two additional one-year periods based upon projected funding available in those future fiscal years.

FISCAL IMPACT:

The On-Call A&E Agreement establishes a framework for consultant services. Individual task orders will be issued under the agreement as specific projects arise. Funding for these task orders will be allocated from the respective project budgets, which may include a combination of Federal, State, and City funds. The agreement itself does not commit the City to a specific expenditure, but provides the mechanism for procuring services when, needed.

ALTERNATIVES:

Not having an A&E consultant will result in non-compliance which can result in a loss of funding and jeopardize future opportunities to receive federal and state funding.

ATTACHMENTS:

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

Attachment ‘A’
RESOLUTION NO. 25-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING ON-CALL

ARCHITECTURAL AND ENGINEERING (A&E) SERVICES AGREEMENT FOR STATE AND FEDERALLY FUNDED TRANSPORTATION PROJECTS WITH YAMABE AND HORN ENGINEERS FOR A THREEYEAR PERIOD IN THE AMOUNT OF $500,000.

WHEREAS, in order for the City to be in compliance with State and Federal laws and regulations and for the City to request funding for transportation projects, an A&E consultant is required per California Department of Transportation (Cal-Trans) Local Assistance Procedures Manual (LAPM); and
WHEREAS, through a Cal Trans specific, RFP /RFQ selection process , Yamabe and Horn has been selected as the consultant for the City of Kerman; and WHEREAS, the scope of services the City will be provided include, but are not limited to:

Project Management, Preliminary Engineering Studies, Survey and Mapping, Preliminary Environmental Studies, Utility Coordination, Right of Way Phase & Determination, Design, Coordination with Adjacent Properties, Construction Phase Authorization, Bid Process, Construction Management, and Grant Administration; and
WHEREAS, the A&E Agreement Exhibit ‘A’ is for a three-year period in the amount of $500,000, with two, optional one-year extensions.

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

SECTION 1. The above referenced recitals are true and correct.

SECTION 2. The Consultant Services Contract (For Local Assistance Federal-Aid Projects) with Yamabe and Horn Engineers is approved. The Agreement is attached as Exhibit ‘A’.

SECTION 3. The City Manager is hereby authorized to execute the Agreement and subsequent optional extensions.

SECTION 4. This Resolution is effective upon adoption and time is of the essence. 24 Section 5, Item E.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting on the 10
th day of December 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
___________________________
Maria Pacheco
Mayor
ATTEST:
__________________________
Josie Camacho
City Clerk
25 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-1 Exhibit ‘A’

CONSULTANT SERVICES CONTRACT
(For Local Assistance Federal-Aid Projects)
ARTICLE I. INTRODUCTION
A. This AGREEMENT is between the following named CONSULTANT and the following named LOCAL AGENCY:
“CONSULTANT”
YAMABE & HORN ENGINEERING, INC.

Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be Josh Rogers “LOCAL AGENCY”

CITY OF KERMAN
The Contract Administrator for LOCAL AGENCY will be PUBLIC WORKS DIRECTOR OR DESIGNEE B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the CONSULTANT’s Cost Proposal dated April 09, 2025. The CONSULTANT’s Cost Proposal is attached hereto (Attachment #1) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto.

CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third-party(ies) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against the LOCAL AGENCY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
26 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-2 G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY, which consent shall not be unreasonably denied. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligence and willful misconduct of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II. CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order.

These reports shall be submitted at least once per month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

ARTICLE III. STATEMENT OF WORK
[Insert Appropriate Statement of work including a Description of the Deliverables in the following sections. If a section does not apply to the AGREEMENT, state “Not Applicable to this AGREEMENT.”] A. CONSULTANT Services
Specifically, the Consultant selected will be required to complete the following tasks:

1. Project Management – The Consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities including but not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, filed review, tracking action items for the CITY and Consultant sub-contractors, and preparing all submissions for the CITY to submit to Caltrans Local Assistance.

2. Preliminary Engineering Studies – Develop general project locations and design concepts and related activities needed to establish the parameters for final design such as Geometrics, Hydraulics, Geotechnical, Bridge, Landscape Architecture, Traffic Operations, Electrical, ITS Elements, etc.

3. Survey and Mapping – The Consultant shall be responsible for data collection, mapping and surveying necessary for preliminary engineering, design, cost estimates, right-of-way impacts, and the level of environmental clearance. The scope of comprehensive base mapping and surveying includes but is not limited to Control Surveys, Aerial Photogrammetry, Limited Design Level Topographic Surveys, Right-ofWay Retracement, and a Record of Survey.

4. Preliminary Environmental Studies – Complete the environmental review; including submitting the Caltrans Preliminary Environmental Study to complete the NEPA document. Consultant will assist the CITY in preparing the CEQA document as requested.
27 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-3

5. Utility Coordination – Submit improvement plans to utility companies in accordance with their requirements. Coordinate utility relocations, including relocation of the utility poles, as needed.

6. Right of Way Phase & Determination – Consultant shall prepare Request for Authorization to advance project to Right of Way Phase using procedures outlined in the Caltrans Local Assistance Procedures Manual. When authorized, Consultant shall review right-of-way records and establish additional right-ofway along the entire alignment, if necessary.

7. Design – Design the improvements and prepare the plans, specifications, and estimates in accordance with CITY and Caltrans Standards and AASHTO Geometric Design guidelines to achieve project objectives. Consultant shall examine and present project alternatives, as necessary, which complete project goals within construction budget. PS&E shall be submitted to the CITY at 60%, 90%, and final contract documents.

8. Coordination with Adjacent Properties – Coordinate with adjacent property to establish driveway locations and other modifications required in front of their property such as fence relocations, mailbox relocation, or tree removal.

9. Construction Phase Authorization – Consultant shall prepare Request for Authorization to advance project to Construction using procedures outlined in the Caltrans Local Assistance Procedures Manual.

10. Bid Process – Provide an electronic copy of the final approved plans and specifications, a copy of the final approved plans, and a hard copy of the final approved specifications. The electronic copy of the plans and specifications shall be provided as PDF files. Consultant will be responsible for making copies of contract documents and will distribute to plan rooms and contractors. Consultant shall respond to questions that arise during the bid phase and prepare addendums which will be distributed by the Consultant as necessary.

11. Construction Management – Consultant shall provide construction management and construction observation services during construction. Construction management scope of activities including but not limited to, convene a pre-construction meeting with CITY, contractors, utility company representatives, etc., perform construction staking, construction observation during construction, daily field reports, prepare and maintain detailed documentation including photographs and/or video if warranted, review shop drawings if applicable, convene construction progress meetings as required, review contractor pay requests, review proposed change orders, review and recommend final acceptance of project by CITY.

12. Grant Administration – Consultant shall prepare and submit Requests for Authorization (RFA) to Caltrans Local Assistance for the various phases of work including:
• Preliminary Engineering (PE)
• Right of Way (R/W)
• Utility Relocation (RW/UTIL)
• Construction (CON)
Consultant shall prepare and submit Award Package and Final Report of Expenditures to Caltrans and shall assist the City on the preparation of Federal and State invoices These services shall be in accordance with Caltrans Standards, FHWA Standards, and the City’s Standards.

B. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

C. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee. 28 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-4 D. CONSULTANT Services During Construction
The extent, if any, of CONSULTANT’s services during the course of construction, such as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

E. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

F. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.

ARTICLE IV. PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on _________________ contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’s Contract Administrator. The AGREEMENT shall end on _________________ unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.

ARTICLE V. ALLOWABLE COSTS AND PAYMENTS
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.

D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. 29 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-5 CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order.

Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that includes any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

City of Kerman
Public Works Director or Designee (Contract Administrator) 850 S Madera Avenue
Kerman, CA 93630
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (orthe terms) of this AGREEMENT not to exceed the scope of work under this AGREEMENT.

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $4,000,000. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this AGREEMENT through Task Orders.

ARTICLE VI. TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work product, including 30 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-6 but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date by CONSULTANT, whether completed or not.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by LOCAL AGENCY by virtue of any breach of this AGREEMENT by CONSULTANT, and LOCAL AGENCY may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due LOCAL AGENCY from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT.

Upon termination, LOCAL AGENCY shall be entitled to all work product, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed by CONSULTANT or not.

ARTICLE VII. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII. RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such work papers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX. AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’s Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
31 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-7 C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report.

Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT. 32 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-8

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X. SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any sub-agreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.
33 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-9 Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

ARTICLE XI. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII. STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5.

Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance).

These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
34 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-10 C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work.

Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standardsshall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. 35 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-11 E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775.

Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
36 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-12

6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE XIII. CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT.

CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or 37 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-13 other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV. PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no 38 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-14 case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII. DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptionsto the Federal Government excluded parties(https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA. 39 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-15 ARTICLE XVIII. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION SECTION SUSPENDED – NOT APPLICABLE
A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs.

CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract.

Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civilrights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.  60 percent counts if the materials or supplies are purchased from a DBE regular dealer.  Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR

26.55 defines "manufacturer" and "regular dealer."
This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federallyfunded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is %. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal. Contract Assurance Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
40 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-16 (2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible D. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent.

CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
41 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-17  One or more above listed justifiable reasons along with supporting documentation.  CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice  The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement. CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
 Description of scope of work and cost proposal
 Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
 Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
 Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
 Solicitations of DBEs for performance of work identified  Correspondence with interested DBEs that may have included contract details and requirements
 Negotiation efforts with DBEs that reflect why an agreement was not reached  If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive  Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
 Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.
42 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-18 E. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
 Name and business address of each 1 -tierssubconsultant  Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
 Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

F. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9- J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following 43 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-19 information with the submittal:
 Subcontract agreement with the DBE
 Purchase orders
 Bills of lading
 Invoices
 Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
 Proof of ownership or lease and rental agreements for equipment  Tax records
 Employee rosters
 Certified payroll records
 Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work.

LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review.

The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work. If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE. 44 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-20 G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

I. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANTS shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

J. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

K. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

L. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX. INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence.

B. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.

2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.

3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.

C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL 45 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-21 AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

ARTICLE XX. FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI. CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII. CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business.

For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII. DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and City Manager, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. 46 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-22 C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV. INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV. SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XXVI. OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of the LOCAL AGENCY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, the LOCAL AGENCY shall be entitled to, and CONSULTANT shall deliver to the LOCAL AGENCY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to the LOCAL AGENCY which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by the LOCAL AGENCY.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the LOCAL AGENCY without restriction or limitation upon its use or dissemination by the LOCAL AGENCY.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by the LOCAL AGENCY for another project or project location shall be at the LOCAL AGENCY’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contractsfor federal- aid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII. CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel 47 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-23 available for consultation with LOCAL AGENCY’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements. ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD

CERTIFICATION
In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX. EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
48 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-24 ARTICLE XXXI. PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ARTICLE XXXII. TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.

CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
49 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-25 d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a subapplicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federallyassisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of 50 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-26 Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above- mentioned nondiscrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied 51 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-27 the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
 Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);  The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);  Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;  The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited 52 Section 5, Item E.

On-Call Engineering Services for Federally Funded Transportation Projects C-28 English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);  Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be affected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

Yamabe & Horn Engineering, Inc
Josh Rogers, Principal Engineer
2985 N Burl Ave Ste 101
Fresno, CA 93727
LOCAL AGENCY:

City of Kerman
Public Works Director or designee, Contract Administrator 850 S. Madera Avenue
Kerman, CA 93630
ARTICLE XXXIV. CONTRACT
The two parties to this AGREEMENT, who are the CONSULTANT and the LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV. SIGNATURES

CITY OF KERMAN YAMABE AND HORN
John Jansons, City Manager Josh Rogers, Principal
Date Date
53 Section 5, Item E.

ATTACHMENT #1
Cost Proposal
54 Section 5, Item E.

Attachment '1'
55 Section 5, Item E.
56 Section 5, Item E.
57 Section 5, Item E.
58 Section 5, Item E.
59 Section 5, Item E.
60 Section 5, Item E.
61 Section 5, Item E.
62 Section 5, Item E.
63 Section 5, Item E.

STAFF REPORT
MEETING DATE: December 10, 2025
PRESENTER: John Jansons, City Manager
SUBJECT: Update Regarding Security for Whispering Falls Public Improvements (JAJ) RECOMMENDATION: Council to hear an update on security for public improvements associated with the Whispering Falls development.

BACKGROUND:

At the November 12, 2025 City Council meeting, in public comment, Ken Boyd requested City Council consideration of alternative forms of security required to guarantee completion of the public improvements for the Whispering Falls Development project. Council directed that the City Attorney and Staff meet with Mr. Boyd and his representatives to review his request and discuss what may be a permissible and acceptable security. The Council further directed staff to return to on December 10, 2025, with an update.

DISCUSSION:

The City Attorney had a phone meeting with Mr. Boyd’s attorney on Monday, December 1, 2025, to review options and how to achieve them. On December 4, 2025, City Staff, and Mr.

Boyd and his project team met to discuss the options available with the attorneys, joining by conference call.

At the end of the meeting, it was agreed that the City Attorney would provide a punch list for the Letter of Credit alternative and Mr. Boyd noted he would review his options and get back to the City. The City Attorney provided the punch list on December 5, 2025. A verbal update will be provided at the meeting.
64 Section 7, Item A.

STAFF REPORT
MEETING DATE: December 10, 2025
PRESENTER: John Jansons, City Manager
SUBJECT: Consideration of City Council Donation to Kerman Food Bank to Assist Kerman Households (JAJ)
RECOMMENDATION: Council by motion adopt resolution authorizing a $1,000 (or amount as determined by the City Council) donation to the Kerman Food Bank to support Kerman households.

BACKGROUND:

At the last City Council meeting, Mayor Pro Tem Yep requested that an item be added to the agenda regarding a City donation to the Kerman Food Bank (KFB). The City of Kerman has supported the KFB for many years and, in 2023, perfected a License Agreement with the KFB allowing them to occupy 14660 W. D Street for $1.00 (one dollar) per year in rent. This building is part of the Senior Center property, which the City leases from the Kerman Unified School District.

The Food Bank routinely occupies approximately 580 square feet of space in the D Street building, which has an estimated market rental value of $580.00 (five hundred eighty dollars) per month.

The City also frequently makes additional adjacent space available at no cost to the Food Bank when their inventory fluctuates. Under the License Agreement, the City pays the monthly utility charges for the property, including electricity, gas, water, sewer, refuse, and recycling services.

In response to the recent federal government shutdown, concerns arose about the suspension of the Supplemental Nutrition Assistance Program (SNAP), which is funded by the Federal Government and administered by the States.

DISCUSSION:

Last month, prior to the “re-opening of the Government” after a 42-day interruption in funding, SNAP funding was restored, and this is no longer such an urgent matter as it was at that time.

Nonetheless, there may still be a desire by City Council to assist the Kerman Food Bank, as community need is often greater than the Kerman Food Bank can meet. With this in mind, a draft Resolution is presented here as Attachment ‘A’ to this report to award $1,000 or another amount as determined by Council, to the Kerman Food Bank to support their efforts to assist Kerman households.

FISCAL IMPACT:
$1,000 from City Council Grant/Sponsorship Fund.

ATTACHMENTS:

A. Resolution
65 Section 7, Item B.

Attachment ‘A’
RESOLUTION NO. 25-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN AWARDING A $___ GRANT TO

THE KERMAN FOOD BANK TO ASSIST KERMAN HOUSEHOLDS
WHEREAS, the “Government Shutdown”, which lasted 42 days and included a suspension of Supplemental Nutrition Assistance Program (SNAP) funding, gave rise to the City Council’s concern about Kerman households effected by the interruption of SNAP benefits; and WHEREAS, while the shutdown is over and SNAP benefits are once again reaching participants, there remains a desire to support the Kerman Food Bank in assisting Kerman households; and
WHEREAS, a donation to the Kerman Food Bank has an inherent public benefit in assisting needy households and individuals in Kerman during their time of need; and WHEREAS, the Kerman City Council wishes to assist the Kerman Food Bank with a donation of $____ to provide food assistance to Kerman households.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Kerman does herby award the Kerman Food Bank a grant of $____ to assist Kerman households.

SECTION 1. The above referenced recitals are true and correct.

SECTION 2. The Director of Finance is ordered to provide $____ from the City Council Grant/Sponsorship Fund to the Kerman Food Bank.

SECTION 3. This Resolution is effective upon adoption, and time is of the essence.

The foregoing resolution was approved by the City Council of the City of Kerman at a regular meeting on the 10
th day of December 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

STAFF REPORT
MEETING DATE: December 10, 2025
PRESENTER: Jerry Jones, Community Development Director
SUBJECT: Mobile Food Vendor Regulations (JJ)
RECOMMENDATION: Informational only.

EXECUTIVE SUMMARY:

At the November 12, 2025 City Council meeting, Council requested a future agenda item to provide an overview of the regulations for mobile food vendors (MFVs) within the City. To protect public health and safety, the City Council adopted Ordinance No. 19-04 and 19-10 in 2019 to establish a permitting process and regulations for MFVs within the City. The ordinances were codified as Chapter 8.40 of the Kerman Municipal Code (KMC) Attachment ‘A’. Per Chapter 8.40, the City Manager or designee may make rules, regulations, policies, and procedures for administration and enforcement of the provisions of the Chapter, which are not inconsistent with the Chapter. The following sections provide a summary of the permitting process, location/operation regulations, and current permitted MFVs.

Permitting Process
In order to operate as a MFV within the City, any person/business must apply for a permit.

Permit applications are processed in the order of receipt. In addition to submitting the permit application, the MFV must submit documentation of their City Business License (or apply for one concurrently), County of Fresno Environmental Health Permit, California Department of Tax and Administration Seller’s Permit, and property owner authorization (if applicable). Staff review the permit application and supporting materials for compliance with the City’s zoning ordinance, KMC regulations, and County and State regulations. If deemed in compliance and ready for approval, the applicant is directed to pay the applicable fee(s) in the current fee schedule prior to issuance of the permit. If there are no permits available (see further discussion in Location/Operation Regulations below), complete applications are placed on the City’s waiting list for when a permit becomes available.

Location/Operation Regulations
The KMC specifies location regulations for Off-Street Locations (residential and nonresidential zone districts) and On-Street Locations as follows. Generally, MFVs operating as part of a Cityapproved special event are exempted from these regulations. 1) Off-Street; Residential Zone District. Not allowed to operate except on:
a) Properties for nonresidential uses, such as schools and churches, with written approval from the property owner and not for more than two hours; and 67 Section 7, Item C.
b) Properties where the MFV has been hired to cater for a private event at no cost to the guests.
2) Off-Street; Nonresidential Zone District. Allowed under the City’s zoning ordinance for properties zoned commercial, mixed use, or office, if all other regulations are complied with. Up to six (6) MFVs are allowed, with only up to four (4) allowed along Madera Avenue from California to Whitesbridge. The maximum number of permits allowed is what was referred to above when discussing available permits and the waiting list. All MFVs must have written permission from the subject property owner (unless the MFV is the property owner).
3) On-Street Operation. MFVs may operate within the public right-of-way subject to the following:
a) In residential zone districts, MFVs may circulate and stop for sales for no longer than five (5) minutes.
b) In nonresidential zone districts, MFVs may operate from valid on-street parking stalls for the limit of the stall or one hour, whichever is less. After that, they must move a minimum of 300 feet away.
4) Restaurant and School Spacing.
a) MFVs cannot operate within 300 feet of a restaurant during the restaurant’s normal business hours except if the restaurant and MFV are operated by the same business or the MFV has written permission from the restaurant to operate on the property. b) MFVs cannot operate within 300 feet of schools except with written permission from the school.

Permitted Mobile Food Vendors
The following table provides the business name, address of operation, and year first permitted for the six (6) approved MFVs in the nonresidential zone districts, which are generally located along the Madera Avenue and Whitesbridge Road corridors. A map of the permitted MFV locations is provided as Attachment ‘B’.

Business Name Address of Operation Year 1st Permitted
Antojitos Oaxaquenos 187 S. Madera Ave 2019
Tacos Meno 307 S. Madera Ave 2019
Aguas Frescas Antojitos Oaxaquenos 220 S. Madera Ave 2022 Antojitos Sherlyn 14320 W. Whitesbridge Rd 2023
Imperio Mexican Grill #1 14443 W. Whitesbridge Rd 2025
Imperio Mexican Grill #2 455 S. Madera Ave 2025
FISCAL IMPACT:

None.

ATTACHMENTS:

A. Kerman Municipal Code Chapter 8.40 “Mobile Food Vendors” B. Mobile Food Vendor Map
68 Section 7, Item C.






 

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City Limits
Date: 7/7/2025
Mobile Food Vendor Map
December 2025 City Limits
Imperio Mexican Grill #2
455 S Madera Ave
Aguas Frescas Antojitos
"Oaxaqueños"
220 S Madera Ave
Imperio Mexican Grill #1
14443 W Whitesbridge Rd
Antojitos Sherlyn
14320 W Whitesbridge Rd Tacos Meno
307 S Madera Ave
Antojitos "Oaxaqueños"
187 S Madera Ave
Attachment 'B'
74 Section 7, Item C.

STAFF REPORT
MEETING DATE: December 10, 2025
PRESENTER: John Jansons, City Manager
SUBJECT: Discussion Regarding Carwash Fundraisers (JAJ) RECOMMENDATION: Council to hear brief presentation regarding fundraising carwashes with possible direction to Staff.

DISCUSSION:

At the November 12, 2025 City Council meeting, Council requested a future agenda item to discuss the proliferation of carwash fundraisers in Kerman.

Over the past year, several organized carwashes have occurred on private property along the major business corridors, including Whitesbridge and Madera. Typically held on Saturdays and Sundays and usually affiliated with a group’s fundraising, many have occurred without City notification or permits.

In an effort to respond to community complaints and concerns about unpermitted carwashes, Staff often learns about these events after the fact and is unable to respond effectively, as most events occurring on Saturdays and Sundays when City Hall Staff and Code Compliance Staff are off duty. Moreover, when addressed, property owners where carwashes took place claim no knowledge of the event or state that the group was not given permission to use their location (parking lot).

While noble in the desire to do work to raise funds, it is unknown if all the carwashes raise money for charitable , civic or youth groups (Attachment ‘A’ for example), or if some may be for private gain? Primary concerns for unpermitted and unregulated “pop-up” carwashes include traffic safety, storm water pollution protection, water conservation, and fraudulent fundraising.

Absent in the Kerman Municipal Code (KMC) are express regulations regarding carwash fundraisers, but the KMC does address charitable solicitation in Chapter 5.24, Attachment ‘B’.

Without express regulations for car wash fundraisers, Staff have made every effort to regulate them under Chapter 5.24. In summary, the City process based on this Chapter is as follows: 1) the event organizer completes the Charitable Solicitation Application, Attachment ‘C’; 2) Staff review and approve; 3) the event organizer pays a nominal fee based on the City’s Fee Schedule (currently $20); and 4) the event organizer submits a final report of their proceeds to the City, and the City refunds the fee.

In conclusion, staff requests that the City Council provide suggestions and direction on whether the KMC should be amended to specifically address carwash fundraisers, what types of conditions should be placed on them, or if no further action is to be taken at this time. 75 Section 7, Item D.

Attachment 'A'
76 Section 7, Item D.





 

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Section 7, Item D.

CITY OF KERMAN

CHARITABLE SOLICITATION APPLICATION
All fields below must be filled in to ensure the cost of the solicitation permit is refunded.

Solicitor Information
Name: ____________________________________________________________________________ Address: ___________________________________________________________________________ Telephone: ____________________________Email:

Solicitation Information
Date of Solicitation: _________________________ Time of Event: ___________________________ Location:___________________________________________________________________________ Type of Solicitation: _________________________________________________________________ Specify reasons and the need for the contribution to be solicited: ______________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Total amount to be raised (estimate if a firm goal is not set): $__________ Name and address of all persons who will receive compensation from the solicitation (including Board of Directors, Board of Trustees, and governing bodies):

Name: ___________________________________ Address: __________________________________ Name: ___________________________________ Address: __________________________________ Name: ___________________________________ Address: __________________________________ Name: ___________________________________ Address: __________________________________ Bank or place where funds are deposited: ______________________________________________________ Character References:

Name: ___________________________________ Phone: __________________________________ Name: ___________________________________ Phone: __________________________________ Name: ___________________________________ Phone: __________________________________ Attachment 'C'
82 Section 7, Item D.

Past Activities or Participation if any: _______________________________________ I certify under penalty of perjury that the foregoing is true and correct, and understand I must submit a Report of Revenue for this event to the City of Kerman within 30 days of its completion before the cost of this permit can be refunded.

Applicant Signature______________________________ Date:

Finance Approval:
______________________________
Date: _______________________
83 Section 7, Item D.
08/22/25

PROPERTY OWNER CONSENT
If the solicitation/sale is to occur at a property other than the solicitor’s, written consent must be given by the property owner prior to the date of solicitation/sale.

Permittee Name: __________________________________________________________________________ Property Owner Name: _____________________________________________________________________ Address of Proposed Location: _______________________________________________________________ As the property owner for the address listed above, I consent permission to the applicant listed above, to hold a charitable solicitation/sale at the address listed. _____________________________________ _____________________ Property Owner’s Signature Date _____________________________________ _____________________ Solicitor’s Signature Date 84 Section 7, Item D.

REPORT OF REVENUES
Solicitor’s Name:

Date(s) of sale:

Revenue Generated
List Revenue separately for each day of solicitation/sale if done over multiple days.

Date: Revenue: $
Date: Revenue: $
Date: Revenue: $
Total Revenue Generated: $
Solicitor’s Signature: Date:
85 Section 7, Item D.