Agenda packet, regular meeting, second session — King City City Council, April 14, 2026

AGENDA

REGULAR MEETING OF THE

CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF

THE RDA FOR THE CITY OF KING
TUESDAY APRIL 14, 2026
6:00 P.M.

CITY HALL
212 S. VANDERHURST AVENUE
KING CITY, CALIFORNIA 93930
The City Council meeting will be conducted in hybrid in-person/virtual format.

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https://bit.ly/3e0zvaR
Meeting ID: 881 5287 9536
Or by telephone: 1-669-900-9128
Passcode: 052933
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* Please submit all correspondence for City Council PRIOR to the meeting with a copy to the City Clerk.

CALL TO ORDER
ROLL CALL:

Council Members Oscar Avalos, Robert Cullen, Carlos Victoria, Mayor Pro Tem Carlos DeLeon, and Mayor Mike LeBarre

FLAG SALUTE

CLOSED SESSION ANNOUNCEMENTS

SPECIAL PRESENTATIONS
Swearing In Of Officers, Angel Barrera And Jakub Melendrez By Chief Robert Masterson

PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member.

Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted

1. 2.

3. 4.

5. A.

6. minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member.

Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted.

COUNCIL COMMUNICATIONS & COMMITTEE REPORTS
Individual Council Members may comment on Council business, his or her Council activities, City operations, projects or other items of community interest. Council Members may also request staff to report back at a subsequent meeting on any matter or take action to direct staff to prepare a staff report for a future agenda.

STAFF COMMUNICATIONS
Comments presented by the City Manager, City Attorney or other staff on City business and/or announcements.

CONSENT AGENDA
The following items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion. The Council may approve the remainder of the Consent Agenda on one motion. Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.

Consideration: Meeting Minutes Of March 24, 2026 Council Meeting Recommendation: approve and file.
9(A) 3-24-2026 MINUTES_.PDF
Consideration: City Of King Check Register March 16, 2026 Through March 31, 2026 Recommendation: receive and file.
9(B) CHECK REGISTER.PDF
Consideration: Meeting Minutes Of March 17, 2026 Special Council Meeting Recommendation: approve and file.
9(C) 03-17-2026 SPECIAL MEETING MINUTES_.PDF
Consideration: Second Reading Of An Ordinance Of City Council Of The City Of King Amending Municipal Code 17.03, Section 17.03.070, Of Title 17 Of The King City Municipal Code Pertaining To Commercial Cannabis Activity Recommendation: waive the second reading by title only and adopt an Ordinance of City Council of the City of King Amending Municipal Code Chapter 17.03, Section

17.03.070, of Title 17 of the King City Municipal Code pertaining to commercial cannabis activity.

7. 8.

9. A.

Documents:

D.
pg y
Recommendation: waive the second reading by title only and adopt an Ordinance of City Council of the City of King Amending Municipal Code Chapter 17.03, Section

17.03.070, of Title 17 of the King City Municipal Code pertaining to commercial cannabis activity.
9(D) CANNABIS EMPLOYEE WORK PERMIT.PDF
Consideration: City Of King KCCP Payments For The Month Of March 2026 Recommendation: receive and file.
9(E) KCCP MARCH PAYMENTS.PDF
Consideration: Award Bid For Pool Fencing Project
1) award the bid for the Pool Fencing Project as proposed by low bidder, Big Wakoo Fence Inc., in the amount of $161,492.00; 2) authorize using Aquatic Center Impact Fees to pay for the expansion portion of the project.
9(F) POOL FENCING PROJECT.PDF
Consideration: Award 2025 CDBG Pavement Rehabilitation Project Including Adoption Of A Categorical Exemption, Pursuant To Section 15301 Of The CEQA Guidelines Recommendation: 1) approve the Contractor Services Agreement with Teichert Construction, Inc., for the 2025 CDBG Pavement Rehabilitation Project in the proposed amount of $2,197,060; 2) approve the Contract Change Order (CCO) No. 1 - Curb ramp replacements for $182,668; and 3) authorize the City Manager to approve contract change orders cumulatively up to twenty-percent (20%) of the bid amount, not including CCO No. 1.
9(G) 2025 CDBG PAVEMENT PROJECT.PDF

PUBLIC HEARINGS
Consideration: Public Hearing Regarding Vacancies And Recruitment And Retention Efforts
Recommendation:City Council: 1) receive a presentation from staff on City staffing vacancies and recruitment and retention efforts as set forth in Government Code Section 3502.3; 2) open the public hearing, allow for presentations by union representatives, allow for testimony by the public, and close the public hearing; and 3) provide any comments or direction to staff.
10(A) AB2561-VACANCIES_4.12.2026.PDF

REGULAR BUSINESS

CITY COUNCIL CLOSED SESSION
Documents:

Documents:

10. A.

Documents:

11. 12.
10(A) AB2561-VACANCIES_4.12.2026.PDF

REGULAR BUSINESS

CITY COUNCIL CLOSED SESSION
Announcement(s) of any reportable action(s) taken in Closed Session will be made in open session and repeated at the beginning of the next Regular City Council meeting as this portion of the meeting is not recorded.

Conference With Legal Counsel – Regarding Pending Litigation Pursuant To Government Code Section §54956.9. Cases: 1

ADJOURNMENT
The City of King is an equal opportunity provider and employer. ocuets

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13.

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City Council Meeting
March 24, 2026

1.__CALL TO ORDER:

Regular Meeting called to order at 6:00pm by Mayor LeBarre.

2.__ROLL CALL:

City Council: Mayor Mike LeBarre, Mayor Pro Tem Carlos DeLeon, Council member Rob Cullen, Council member Carlos Victoria, Council members Oscar Avalos.

City Staff: City Manager José Arreola, City Attorney Roy Santos (Remote); City Clerk Erica Sonne

3.__FLAG SALUTE:

The flag salute was led by Mayor LeBarre.

4. CLOSED SESSION ANNOUNCEMENTS:

No reportable action.

5.__SPECIAL PRESENTATIONS:

None

6. PUBLIC COMMUNICATIONS:

None

7. COUNCIL COMMUNICATIONS:

Councilmember Avalos stated that Salinas Valley Fair kick off April 18th. He joined NOMI wall for mental health at no cost to register. He will not be at the next City Council meeting on April 14th.

Councilmember Cullen stated the Chamber Event is on March 21st, was a good event. Rotary brought Jose in as member. April 12th is Rotary Flea Market. The clean up event is this weekend, with Waste management picking up bulky items and King City in Bloom will have bags and gloves for clean up event.

Councilmember Victoria stated he had nothing to report tonight but announce the opening of new business of chicken bbq on Broadway.

Mayor Pro Tem DeLeon stated he had nothing to report tonight.

Mayor LeBarre stated the chamber event was a good event and he had nothing else to report out tonight.

8. CITY STAFF REPORTS AND COMMENTS:

City Manager José Arreola stated Grocery Outlet opening the first part of May. King City Salinas River Trail Survey going well but need more Spanish speaking surveys. CHISPA on track for building housing (40) units. Utility Billing going well. With the Finance Director departing more training is happening in this area.

The City is working with people on payment plans. Public Works is refreshing red zones due to fading.

Aero Park has reopened and transfer of the Multimodal project is happening. 9(A)

Page 2 of 3 ends

City Attorney Santos stated he had nothing to report tonight.

9. CONSENT
A. Consideration: Meeting Minutes of March 10, 2026 Council Meeting B. Consideration: City of King Check Register March 1, 2026 through March 15, 2026 C. Consideration: Meeting Minutes of March 10, 2026 Special Council Meeting D. Consideration: Second Reading of an Ordinance of City Council of the City of King Amending Municipal Code Chapter 17.01 and 17.14 (R-2) Medium Density Residential District of Title 17 of the King City Municipal Code
E. Consideration: Changes to Signature Authority Related to City Municipal Accounts and Investment Accounts
F. Consideration: Meeting Minutes of March 11, 2026 Special Council Meeting G. Consideration: King City Fire Station Parking Lot Paving Project Action: Motion to approve consent agenda items A -G by Avalos seconded by Victoria.

AYES: Council Members: LeBarre, DeLeon, Avalos, Cullen, Victoria, NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

10. PUBLIC HEARINGS:

A. Consideration: Adoption of an Ordinance of the City Council of the City of King Repealing and Replacing Chapter 17.03, Section 17.03.070, of Title 17 of the King City Municipal Code Pertaining to Commercial Cannabis Activity
City Attorney Roy Santos presented this item.

Mayor LeBarre opened the public hearing, seeing no one come forward he closed the public hearing.

Action: Motion to introduce an ordinance amending City Council introduce to be read by title only an Ordinance repealing and replacing Chapter 17.03, Section 17.03.070, of Title 17 of the King City Municipal Code pertaining to commercial cannabis activity, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance by Cullen seconded by Avalos.

AYES: Council Members: LeBarre, DeLeon, Avalos, Cullen, Victoria, NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

11. REGULAR BUSINESS
A. Consideration: Acceptance of the City and CDA Successor Agency’s Audited Financial Statements for the Fiscal Year 2024-2025
Finance Director Mike Howard presented this item. Finance Director Howard read the audit statement into the record. He explained that the budget is doing well but still need to look for additional tax revenue. He further mentioned that both enterprise funds are healthy KCCP and Sewer.

Page 3 of 3 ends

Mayor Pro Tem DeLeon stated that Mr. Howard would be missed and thanked him for his service.

Councilmember Cullen thanked Mr. Howard for his service and care and always doing the right thing.

Mayor LeBarre thanked Mr. Howard as well for his service.

Action: Motion to City Council and the Board of Directors of the King City CDA Successor Agency accept the City and CDA Successor Agency’s Audited Financial Statements for Fiscal Year Ended June 30, 2025. by Avalos seconded by Victoria.

AYES: Council Members: LeBarre, DeLeon, Avalos, Cullen, Victoria, NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

B. Consideration: Annual General Plan and Housing Element Progress Report for 2025 Community Development Director Doreen Liberto introduced this item with a PowerPoint presentation.

Action: Motion City Council review and accept the 2025 Annual General Plan and Housing Element Progress Report by Avalos seconded by Cullen.

AYES: Council Members: LeBarre, DeLeon, Avalos, Cullen, Victoria, NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

12. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 6:35p.m.

Approved Signatures:

Mayor Mike LeBarre City Clerk, Erica Sonne
City of King City of King
Item No. 9(B)

REPORT TO THE CITY COUNCIL
DATE: APRIL 14, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
MARCH 16 THROUGH MARCH 31, 2026
RECOMMENDATION:

It is recommended City Council receive and file.

BACKGROUND:

At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.

DISCUSSION:

The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.

COST ANALYSIS:

There is no fiscal impact as a result of this action.

ENVIRONMENTAL REVIEW:

No Environmental Review required for this item.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Receive and file the report; or

2. Provide other direction to staff regarding requests for additional information.

CITY COUNCIL/CITY
CONSIDERATION OF CITY OF KING CHECK REGISTER MARCH 16
THROUGH MARCH 31, 2026
APRIL 14, 2026
PAGE 2 OF 2
Exhibits:

1. Check Register Report
3/28/2026 7:51:32 PM Page 1 of 14
Check Report
King City, CA By Check Number
Date Range: 03/16/2026 - 03/31/2026
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: POOL-WFB-POOL - WELLS FARGO BANK
Payment Type: EFT
ALVAREZ ALVAREZ TECHNOLOGY GROUP INC 03/19/2026 EFT 0.00 33,101.87 10480 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 79773 Invoice 03/18/2026 Scale Computing Deposit 0.00 33,101.87 100-2000-68130 Capital - Computer Scale Computing Deposit 33,101.87 ALVAREZ ALVAREZ TECHNOLOGY GROUP INC 03/30/2026 EFT 0.00 9,299.71 10481 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 79547 Invoice 03/27/2026 Computer Services 0.00 6,850.10 100-2000-61560 Maintenance Agreements Computer Services 6,850.10 79672 Invoice 03/27/2026 Computer Services 0.00 371.25
100-6100-68131 Computers & Printers Computer Services 371.25 79673 Invoice 03/27/2026 Computer Services 0.00 219.45
100-6100-68131 Computers & Printers Computer Services 219.45 79714 Invoice 03/27/2026 Computer Services 0.00 868.94
100-2000-61560 Maintenance Agreements Computer Services 868.94 79727 Invoice 03/27/2026 Computer Services 0.00 123.75
100-2000-61560 Maintenance Agreements Computer Services 123.75 79766 Invoice 03/27/2026 Computer Membership 0.00 866.22 100-2000-61560 Maintenance Agreements Computer Membership 866.22 CAROLLO CAROLLO ENGINEERS INC 03/30/2026 EFT 0.00 97,360.70 10482 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount FB73227 Invoice 03/27/2026 KC WWTP Upgrade - Sept 2025 0.00 8,379.95 310-0000-61500 Professional Services KC WWTP Upgrade - Sept 2025 8,379.95 FB74714 Invoice 03/27/2026 KC WWTP Upgrade 0.00 87,621.75 310-0000-61500 Professional Services KC WWTP Upgrade 87,621.75 FB79772 Invoice 03/27/2026 KC WWTP Upgrade - Feb 2026 - Engineeri… 0.00 1,359.00 310-0000-61500 Professional Services KC WWTP Upgrade - Feb 2026 - … 1,359.00 GREEN ACCT GREEN'S ACCOUNTING 03/30/2026 EFT 0.00 20,746.04 10483 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 03242026 Invoice 03/27/2026 Finance Services February 2026 0.00 20,746.04 100-1500-61501 Accounting Services Finance Services February 2026 8,737.50 100-1800-61200 Postage, Shipping & Freig… Finance Services February 2026 71.04 310-0000-61501 Accounting Services Finance Services February 2026 8,442.50 410-0000-61501 Accounting Services Finance Services February 2026 3,495.00 LA HEARNE LA HEARNE COMPANY 03/30/2026 EFT 0.00 29.35 10484 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 1540672 Invoice 03/27/2026 Pool Chemicals 0.00 29.35
100-2500-61270 Chemicals Pool Chemicals 29.35
MONARCH IN MELDI LLC 03/30/2026 EFT 0.00 57,860.88 10485 Check Report Date Range: 03/16/2026 - 03/31/2026
3/28/2026 7:51:32 PM Page 2 of 14
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 03242026 Invoice 03/27/2026 Temporary Shelter Rent March 2026 0.00 57,860.88 121-0000-61500 Professional Services Temporary Shelter Rent March … 57,860.88 PROTELESIS PROTEL COMMUNICATION INC 03/30/2026 EFT 0.00 14.99 10486 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 52617 Invoice 03/27/2026 Phone Supplies 0.00 14.99
100-1800-61700 Telephone/Data/Pager Phone Supplies 14.99 SMITHE SMITH & ENRIGHT LANDSCAPING INC 03/30/2026 EFT 0.00 665.00 10487 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 4243 Invoice 03/27/2026 Riverview Gardens Landscaping Maintena… 0.00 665.00 610-0000-66170 Landscape Maintenance Riverview Gardens Landscaping… 665.00 SPECTRUMT SPECTRUM ENTERPRISE Charter Communication 03/30/2026 EFT 0.00 320.00 10488 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 170002601030726 Invoice 03/27/2026 Internet 0.00 320.00 100-1800-64165 Internet Access Internet 320.00
SPCA THE SPCA FOR MONTEREY COUNTY 03/30/2026 EFT 0.00 1,715.00 10489 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2-26 Invoice 03/27/2026 SPCA February 2026 0.00 1,715.00 100-1600-61550 Animal Services SPCA February 2026 1,715.00 TORO TORO PETROLEUM CORP 03/30/2026 EFT 0.00 1,501.50 10490 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount CL95701 Invoice 03/27/2026 Fuel 0.00 1,501.50
100-1400-61840 Fuel & Oil Fuel 325.13
100-2100-61840 Fuel & Oil Fuel 107.09
100-2400-61840 Fuel & Oil Fuel 470.57
310-0000-61840 Fuel & Oil Fuel 256.42
410-0000-61840 Fuel & Oil Fuel 58.15
410-0000-61840 Fuel & Oil Fuel 284.14
Total EFT: 0.00 222,615.04
Check Report Date Range: 03/16/2026 - 03/31/2026
3/28/2026 7:51:32 PM Page 3 of 14
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: Regular
MO CO EMER MONTEREY COUNTY EMERGENCY COMMUNICATIONS DEPT. 03/17/2026 Regular 0.00 85,198.00 73999 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount QTR 4 FY 2025/26 Invoice 03/17/2026 County Comm 4 Qtr FY 2025/26 0.00 85,198.00 100-1600-61595 911 Dispatch Services County Comm 4 Qtr FY 2025/26 85,198.00 AFLAC AFLAC 03/27/2026 Regular 0.00 26.12 74000
Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001495 Invoice 03/27/2026 PAYROLL DEDUCTION - INSURANCE 0.00 26.12 100-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 23.57 310-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 2.55 ANTHEM BLU ANTHEM BLUE CROSS 03/27/2026 Regular 0.00 38,276.94 74001 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001498 Invoice 03/27/2026 HEALTH INSURANCE DEDUCTION 0.00 4,195.32 100-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 3,743.50 120-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 3.71 225-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 30.56 310-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 262.35 410-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 155.20 INV0001499 Invoice 03/27/2026 HEALTH INSURANCE EMPLOYER 0.00 34,081.62 100-0000-21150 Health Insurance Payable HEALTH INSURANCE EMPLOYER 31,164.81 120-0000-21150 Health Insurance Payable HEALTH INSURANCE EMPLOYER 13.33 225-0000-21150 Health Insurance Payable HEALTH INSURANCE EMPLOYER 142.61 310-0000-21150 Health Insurance Payable HEALTH INSURANCE EMPLOYER 1,685.03 410-0000-21150 Health Insurance Payable HEALTH INSURANCE EMPLOYER 1,075.84 CAL PERS R CAL PERS RETIREMENTSYSTEM 03/27/2026 Regular 0.00 38,988.48 74002 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001511 Invoice 03/27/2026 PERS PEPRA MISC EMPLOYER 0.00 5,744.52 100-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 4,815.73 120-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 9.54 224-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 88.54 225-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 16.70 310-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 604.40 410-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 209.61 INV0001512 Invoice 03/27/2026 PERS PEPRA MISC EMPLOYEE 0.00 5,593.00 100-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 4,688.71 120-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 9.29 224-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 86.20 225-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 16.26 310-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 588.44 410-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 204.10 INV0001513 Invoice 03/27/2026 PERS PEPRA SAFETY EMPLOYER 0.00 7,312.91 100-0000-21130 PERS Payable PERS PEPRA SAFETY EMPLOYER 7,234.57 225-0000-21130 PERS Payable PERS PEPRA SAFETY EMPLOYER 78.34 INV0001514 Invoice 03/27/2026 PERS PEPRA SAFETY EMPLOYEE 0.00 7,187.45 100-0000-21131 PERS Payable - EE PERS PEPRA SAFETY EMPLOYEE 7,110.47 225-0000-21131 PERS Payable - EE PERS PEPRA SAFETY EMPLOYEE 76.98 INV0001515 Invoice 03/27/2026 PERS MISC CLASSIC EMPLOYER 0.00 1,671.42 100-0000-21130 PERS Payable PERS MISC CLASSIC EMPLOYER 1,049.05 224-0000-21130 PERS Payable PERS MISC CLASSIC EMPLOYER 6.90 310-0000-21130 PERS Payable PERS MISC CLASSIC EMPLOYER 260.36 410-0000-21130 PERS Payable PERS MISC CLASSIC EMPLOYER 355.11 INV0001516 Invoice 03/27/2026 PERS MISC CLASSIC EMPLOYEE 0.00 962.66 Check Report Date Range: 03/16/2026 - 03/31/2026
3/28/2026 7:51:32 PM Page 4 of 14
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 100-0000-21131 PERS Payable - EE PERS MISC CLASSIC EMPLOYEE 604.56 224-0000-21131 PERS Payable - EE PERS MISC CLASSIC EMPLOYEE 3.96 310-0000-21131 PERS Payable - EE PERS MISC CLASSIC EMPLOYEE 150.06 410-0000-21131 PERS Payable - EE PERS MISC CLASSIC EMPLOYEE 204.08 INV0001517 Invoice 03/27/2026 PERS SAFETY CLASSIC EMPLOYER 0.00 7,292.54 100-0000-21130 PERS Payable PERS SAFETY CLASSIC EMPLOYER 7,199.06 225-0000-21130 PERS Payable PERS SAFETY CLASSIC EMPLOYER 93.48 INV0001518 Invoice 03/27/2026 PERS SAFTEY CLASSIC EMPLOYEE 0.00 3,223.98 100-0000-21131 PERS Payable - EE PERS SAFTEY CLASSIC EMPLOYEE 3,182.71 225-0000-21131 PERS Payable - EE PERS SAFTEY CLASSIC EMPLOYEE 41.27 E.D.I.S. EMPLOYER DRIVEN INSURANCE SERVICE 03/27/2026 Regular 0.00 7,909.73 74003 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001496 Invoice 03/27/2026 ASI EMPLOYER SHARE 0.00 869.50 100-0000-21150 Health Insurance Payable ASI EMPLOYER SHARE 768.77 120-0000-21150 Health Insurance Payable ASI EMPLOYER SHARE 1.00 225-0000-21150 Health Insurance Payable ASI EMPLOYER SHARE 7.02 310-0000-21150 Health Insurance Payable ASI EMPLOYER SHARE 51.59 410-0000-21150 Health Insurance Payable ASI EMPLOYER SHARE 41.12 INV0001497 Invoice 03/27/2026 ASI MEDICAL EMPLOYER SHARE 0.00 7,040.23 100-0000-21150 Health Insurance Payable ASI MEDICAL EMPLOYER SHARE 5,721.13 310-0000-21150 Health Insurance Payable ASI MEDICAL EMPLOYER SHARE 1,319.10 K.C.P.O.A. K.C.P.O.A. 03/27/2026 Regular 0.00 750.00 74004 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001503 Invoice 03/27/2026 KCPOA UNION DUES 0.00 750.00 100-0000-21173 KCPOA Union Dues KCPOA UNION DUES 736.36 225-0000-21173 KCPOA Union Dues KCPOA UNION DUES 13.64
K.C.P.S.A. K.C.P.S.A. 03/27/2026 Regular 0.00 340.00 74005 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001504 Invoice 03/27/2026 KCPSA UNION DUES 0.00 340.00 100-0000-21174 KCPSA Union Dues KCPSA UNION DUES 335.33 225-0000-21174 KCPSA Union Dues KCPSA UNION DUES 4.67
ICMA RETIR MISSION SQUARE-302397 03/27/2026 Regular 0.00 5,181.19 74006 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001492 Invoice 03/27/2026 EMPLOYER MATCH - ICMA DC 0.00 845.72 100-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 721.32 225-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 4.10 310-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 64.65 410-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 55.65 INV0001493 Invoice 03/27/2026 EMPLOYER MATCH - ICMA DC 0.00 677.43 100-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 544.48 224-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 44.49 310-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 88.46 INV0001500 Invoice 03/27/2026 DEF COMP EMPLOYEE 0.00 1,669.61 100-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 1,451.97 224-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 33.63 225-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 34.02 310-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 120.00 410-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 29.99 INV0001501 Invoice 03/27/2026 DEF COMP EMPLOYEE 0.00 1,747.16 100-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 1,559.03 310-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 51.97 Check Report Date Range: 03/16/2026 - 03/31/2026
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 410-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 136.16 INV0001502 Invoice 03/27/2026 DEF COMP EMPLOYEE 0.00 241.27 100-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 227.24 310-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 14.03 MUTUAL OF OMAHA MUTUAL OF OMAHA 03/27/2026 Regular 0.00 2,998.91 74007 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001508 Invoice 03/27/2026 DENTAL INSURANCE EMPLOYER 0.00 708.89 100-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 604.01 120-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 1.59 225-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 8.32 310-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 33.42 410-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 61.55 INV0001509 Invoice 03/27/2026 DENTAL INSURANCE EMPLOYER 0.00 280.56 100-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 232.71 225-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 2.26 310-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 38.57 410-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 7.02 INV0001510 Invoice 03/27/2026 DENTAL INSURANCE EMPLOYER 0.00 1,492.92 100-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 1,401.78 225-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 5.01 310-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 86.13 INV0001520 Invoice 03/27/2026 VISION INSURANCE EMPLOYER 0.00 48.52 100-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 45.44 225-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 0.50 310-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 2.58 INV0001521 Invoice 03/27/2026 VISION INSURANCE EMPLOYER 0.00 68.80 100-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 60.21 310-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 6.88 410-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 1.71 INV0001522 Invoice 03/27/2026 VISION INSURANCE EMPLOYER 0.00 149.72 100-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 127.55 120-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 0.34 225-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 1.76 310-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 7.05 410-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 13.02 INV0001523 Invoice 03/27/2026 VISION INSURANCE EMPLOYER 0.00 249.50 100-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 229.70 225-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 1.09 310-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 18.71 Selman One80 Intermediaries Inc. 03/27/2026 Regular 0.00 152.32 74008 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001507 Invoice 03/27/2026 KCFC AD&D EMPLOYER 0.00 152.32 100-0000-21170 LTD Insurance Payable KCFC AD&D EMPLOYER 150.54 310-0000-21170 LTD Insurance Payable KCFC AD&D EMPLOYER 1.78 SEIU SEIU LOCAL 521 03/27/2026 Regular 0.00 560.22 74009 Check Report Date Range: 03/16/2026 - 03/31/2026
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001519 Invoice 03/27/2026 SEIU UNION DUES 0.00 560.22 100-0000-21196 City Reimb Payable SEIU UNION DUES 412.06 120-0000-21196 City Reimb Payable SEIU UNION DUES 1.75
225-0000-21196 City Reimb Payable SEIU UNION DUES 3.08
310-0000-21196 City Reimb Payable SEIU UNION DUES 71.44 410-0000-21196 City Reimb Payable SEIU UNION DUES 71.89 STAND INS STANDARD INSURANCE COMPANY 03/27/2026 Regular 0.00 4,478.44 74010 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001494 Invoice 03/27/2026 EMPLOYER SHARE - AD&D 0.00 244.47 100-0000-21160 Life Insurance Payable EMPLOYER SHARE - AD&D 219.54 120-0000-21160 Life Insurance Payable EMPLOYER SHARE - AD&D 0.27 224-0000-21160 Life Insurance Payable EMPLOYER SHARE - AD&D 1.03 225-0000-21160 Life Insurance Payable EMPLOYER SHARE - AD&D 1.59 310-0000-21160 Life Insurance Payable EMPLOYER SHARE - AD&D 12.49 410-0000-21160 Life Insurance Payable EMPLOYER SHARE - AD&D 9.55 INV0001505 Invoice 03/27/2026 STANDARD LIFE EMPLOYER 0.00 2,895.20 100-0000-21160 Life Insurance Payable STANDARD LIFE EMPLOYER 2,571.77 120-0000-21160 Life Insurance Payable STANDARD LIFE EMPLOYER 3.77 224-0000-21160 Life Insurance Payable STANDARD LIFE EMPLOYER 8.18 225-0000-21160 Life Insurance Payable STANDARD LIFE EMPLOYER 16.04 310-0000-21160 Life Insurance Payable STANDARD LIFE EMPLOYER 163.67 410-0000-21160 Life Insurance Payable STANDARD LIFE EMPLOYER 131.77 INV0001506 Invoice 03/27/2026 STANDARD LTD EMPLOYER 0.00 1,338.77 100-0000-21170 LTD Insurance Payable STANDARD LTD EMPLOYER 1,194.07 120-0000-21170 LTD Insurance Payable STANDARD LTD EMPLOYER 1.41 224-0000-21170 LTD Insurance Payable STANDARD LTD EMPLOYER 4.55 225-0000-21170 LTD Insurance Payable STANDARD LTD EMPLOYER 7.22 310-0000-21170 LTD Insurance Payable STANDARD LTD EMPLOYER 70.52 410-0000-21170 LTD Insurance Payable STANDARD LTD EMPLOYER 61.00 TRUJILLOAD ADRIAN TRUJILLO 03/27/2026 Regular 0.00 2,425.00 74011 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 000009 Invoice 03/27/2026 Softball 0.00 50.00
100-2600-61500 Professional Services Softball 50.00
000010 Invoice 03/27/2026 Softball 0.00 100.00
100-2600-61500 Professional Services Softball 100.00
000013 Invoice 03/27/2026 Softball 0.00 50.00
100-2600-61500 Professional Services Softball 50.00
000014 Invoice 03/27/2026 Softball 0.00 50.00
100-2600-61500 Professional Services Softball 50.00
000016 Invoice 03/27/2026 Softball Uniforms 0.00 2,175.00 100-2600-61340 Uniform Purchase Softball Uniforms 2,175.00 AGILE AGILE OCCUPATIONAL MEDICINE PC 03/27/2026 Regular 0.00 90.00 74012 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount EM073468 Invoice 03/27/2026 Pre Employment 0.00 90.00
100-1600-63000 Recruitment & Advertising Pre Employment 90.00 KCTVHARD ALCANTAR HARDWARE INC 03/27/2026 Regular 0.00 768.62 74013 Check Report Date Range: 03/16/2026 - 03/31/2026
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 589363 Invoice 03/27/2026 Little League Repair 0.00 76.05 100-2400-61800 Repairs & Maintenance Little League Repair 76.05 589528 Invoice 03/27/2026 Creekbridge Park Repair 0.00 29.74 100-2400-61800 Repairs & Maintenance Creekbridge Park Repair 29.74 589546 Invoice 03/27/2026 Park Repairs 0.00 115.37
100-2400-61800 Repairs & Maintenance Park Repairs 115.37 589569 Invoice 03/27/2026 Drinking Fountain Repair 0.00 18.19 100-2400-61800 Repairs & Maintenance Drinking Fountain Repair 18.19 589578 Invoice 03/27/2026 Surge Protector - City Manager 0.00 30.44 100-1100-61210 Office Supplies Surge Protector - City Manager 30.44 589581 Invoice 03/27/2026 Park Repair 0.00 45.16
100-2400-61800 Repairs & Maintenance Park Repair 45.16
589617 Invoice 03/27/2026 Chemical Sprayer Hose Replacement 0.00 239.75 310-0000-61801 Equipment Repair & Main… Chemical Sprayer Hose Replace… 239.75 589749 Invoice 03/27/2026 Trimmer Liner 0.00 59.80
100-2400-61898 Equipment Repair & Main… Trimmer Liner 59.80 589808 Invoice 03/27/2026 Replacement Broom 0.00 20.65
100-2400-61810 Tools & Minor Equipment Replacement Broom 20.65 589907 Invoice 03/27/2026 Small Tools 0.00 60.23
100-2400-61810 Tools & Minor Equipment Small Tools 60.23 590011 Invoice 03/27/2026 Oil 0.00 27.18
100-2400-61898 Equipment Repair & Main… Oil 27.18
590017 Invoice 03/27/2026 Pool Lock Repair 0.00 21.73
100-2500-61800 Repairs & Maintenance Pool Lock Repair 21.73 590026 Invoice 03/27/2026 Water Fountain Repair 0.00 10.43 100-2400-61800 Repairs & Maintenance Water Fountain Repair 10.43 590032 Invoice 03/27/2026 Park Fountain Repair 0.00 13.90 100-2400-61800 Repairs & Maintenance Park Fountain Repair 13.90 ANDRALE ALEXUS ANDRADE 03/27/2026 Regular 0.00 135.00 74014 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 032426 Invoice 03/27/2026 Softball League Worker 0.00 135.00 100-2600-61500 Professional Services Softball League Worker 135.00 TRUJILLOA ALICIA TRUJILLO 03/27/2026 Regular 0.00 27.55 74015 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 03232026 Invoice 03/27/2026 Rec Travel Miles 0.00 27.55 100-1100-62009 Travel, Meetings & Traini… RecTravel Miles 27.55 AMAZON AMAZON CAPITAL SERVICES INC 03/27/2026 Regular 0.00 1,299.38 74016 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 1DLX-X9YP-3NYD Invoice 03/27/2026 Pool Office Supplies 0.00 179.43 100-2500-61220 Operational Supplies Pool Office Supplies 179.43 1F1W-3GFV--JTDL Invoice 03/27/2026 Softballs 0.00 347.90 100-2600-61220 Operational Supplies Softballs 347.90
1L4J-NH9N-9M… Invoice 03/27/2026 Evidence & Office Supplies 0.00 335.10 100-1600-61210 Office Supplies Evidence & Office Supplies 321.12 100-1600-61221 Evidence Supplies Evidence & Office Supplies 13.98 1L6T-DC6N-KX7H Invoice 03/27/2026 Office Supplies 0.00 47.39 100-1600-61210 Office Supplies Office Supplies 47.39
Check Report Date Range: 03/16/2026 - 03/31/2026
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 1RHN-94PX-16QH Invoice 03/27/2026 Catcher Gear 0.00 43.09 100-2600-61220 Operational Supplies Catcher Gear 43.09
1V31-YMNJ-W71V Invoice 03/27/2026 Softballs 0.00 305.92 100-2600-61220 Operational Supplies Softballs 305.92
1VHK-KD66-MTXC Invoice 03/27/2026 Office Supplies Bldg Dept Web Cam 0.00 40.55 100-1400-61210 Office Supplies Office Supplies Bldg Dept Web C… 40.55 CARRILLOA ARIEL CARRILLO-GREEN 03/27/2026 Regular 0.00 120.00 74017 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 03142026 Invoice 03/27/2026 Softball League Worker 0.00 120.00 100-2600-61500 Professional Services Softball League Worker 120.00 AT & T-FIR AT & T MOBILITY 03/27/2026 Regular 0.00 1,039.56 74018 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 287299743011X… Invoice 03/27/2026 Cellphones 0.00 1,039.56 100-1600-61710 Cellular Phones Cellphones 1,039.56
AXON AXON ENTERPRISE INC 03/27/2026 Regular 0.00 4,863.73 74019 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INUS328463 Invoice 03/27/2026 Interview Room 1 Camera 0.00 4,815.14 100-1600-61500 Professional Services Interview Room 1 Camera 4,815.14 INUS409576 Invoice 03/27/2026 Tactical Bag 0.00 48.59
100-1600-68120 Capital - Vehicles Tactical Bag 48.59
BENITEZ SECURITY BENITEZ SECURITY SERVICES 03/27/2026 Regular 0.00 2,688.00 74020 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 3531 Invoice 03/27/2026 Monarch Inn Temporary Homeless Shelter… 0.00 2,688.00 121-0000-61500 Professional Services Monarch Inn Temporary Homele… 2,688.00 CAL WATER CALIFORNIA WATER SERVICE CO 03/27/2026 Regular 0.00 102.16 74021 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 031226 Invoice 03/27/2026 Water 0.00 102.16
100-1800-61730 Utilities - Water Water 102.16
CAL-WESTL CAL-WEST LIGHTING AND SIGNAL MAINTENANCE, INC 03/27/2026 Regular 0.00 488.05 74022 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 260139 Invoice 03/27/2026 Traffic Signal Maintenance 0.00 100.00 410-0000-65100 Traffic Signal Maint Traffic Signal Maintenance 100.00 260203 Invoice 03/27/2026 Traffic Signal Monthly Maintenance 0.00 100.00 410-0000-65100 Traffic Signal Maint Traffic Signal Monthly Maintena… 100.00 260204 Invoice 03/27/2026 Street Light Repair 0.00 288.05 410-0000-65100 Traffic Signal Maint Street Light Repair 288.05 CASEY PRIN CASEY PRINTING INC 03/27/2026 Regular 0.00 304.50 74023 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 252116 Invoice 03/27/2026 Replacement Vehicle Magnets 0.00 304.50 100-2100-61830 Vehicle Repairs & Mainte… Replacement Vehicle Magnets 304.50 CVT CENTRAL VALLEY TOXICOLOGY INC 03/27/2026 Regular 0.00 82.00 74024 Check Report Date Range: 03/16/2026 - 03/31/2026
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 345001 Invoice 03/27/2026 Drug Testing 0.00 82.00
100-1600-64170 Lab Tests Drug Testing 82.00
DAVE'S REP DAVE'S REPAIR SERVICE David L Gambetta 03/27/2026 Regular 0.00 100.00 74025 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 39636 Invoice 03/27/2026 Monthly Site Inspection 0.00 100.00 110-0000-61500 Professional Services Monthly Site Inspection 100.00 DIASTERS DISASTERS INC 03/27/2026 Regular 0.00 1,785.00 74026 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 1108 Invoice 03/27/2026 Golf Course Recovery Operations 0.00 1,785.00 117-0000-61500 Professional Services Golf Course Recovery Operations 1,785.00 EARTHSYS EARTH SYSTEMS PACIFIC 03/27/2026 Regular 0.00 9,681.80 74027 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 860359 Invoice 03/27/2026 EV Charging Station Phase II 0.00 9,681.80 120-0000-61500 Professional Services EV Charging Station Phase II 9,681.80 BERGE ERIK BERG-JOHANSEN 03/27/2026 Regular 0.00 1,140.00 74028 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 02282026 Invoice 03/27/2026 Land Use Element GIS Update 0.00 1,140.00 224-0000-61500 Professional Services Land Use Element GIS Update 1,140.00 HINDERLITE HINDERLITER DELLAMAS & ASSOC 03/27/2026 Regular 0.00 2,321.91 74029 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount SIN060961 Invoice 03/27/2026 Sales Tax Audit 0.00 1,911.30 100-2000-61500 Professional Services Sales Tax Audit 1,911.30 SIN061179 Invoice 03/27/2026 TUT Admin Jan-Mar 2026 0.00 410.61 100-2000-61500 Professional Services TUT Admin Jan-Mar 2026 410.61 IDCON ID CONCEPTS LLC 03/27/2026 Regular 0.00 57.59 74030 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 260673 Invoice 03/27/2026 Officer ID's 0.00 57.59
100-1600-61340 Uniform Purchase Officer ID's 57.59
INDEPENDEN JEFFREY D HIETHOFF 03/27/2026 Regular 0.00 4,000.00 74031 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 012926 Invoice 03/27/2026 Mesa Del Rey Airport APMS Project 0.00 4,000.00 110-0000-61503 Professional Services Mesa Del Rey Airport APMS 4,000.00 TIRE KING JOSE RODRIGUEZ TIRE KING & AUTO EXPRESS 03/27/2026 Regular 0.00 39.93 74032 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 93839 Invoice 03/27/2026 Tire Patch Truck 59 0.00 39.93 100-2400-61893 Vehicle Repairs & Mainte… Tire Patch Truck 59 39.93 KIMLEY-HOR KIMLEY-HORN & ASSOCIATES INC 03/27/2026 Regular 0.00 9,555.21 74033 Check Report Date Range: 03/16/2026 - 03/31/2026
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 094557101-0226 Invoice 03/27/2026 KIC PAPI & REIL RWY 11 0.00 9,555.21 110-0000-68110 Capital - Improvements KIC PAPI & REIL RWY 11 9,555.21 KC IND KING CITY INDUSTRIAL SUPPLY 03/27/2026 Regular 0.00 646.90 74034 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 369291 Invoice 03/27/2026 Staff PPE 0.00 560.55
100-2400-61800 Repairs & Maintenance Staff PPE 560.55
373870 Invoice 03/27/2026 Tap Wrench 0.00 20.42
100-2100-61810 Tools & Minor Equipment Tap Wrench 20.42 374241 Invoice 03/27/2026 Grease 0.00 21.73
100-2100-61800 Repairs & Maintenance Grease 21.73
374301 Invoice 03/27/2026 Aera Park Repairs 0.00 37.70
100-2400-61800 Repairs & Maintenance Aera Park Repairs 37.70 374329 Invoice 03/27/2026 Water Fountain Repair 0.00 6.50 100-2400-61800 Repairs & Maintenance Water Fountain Repair 6.50 LEAGUE LEAGUE OF CALIFORNIA CITIES 03/27/2026 Regular 0.00 900.00 74035 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 8375 Invoice 03/27/2026 Membership Dues 0.00 900.00
100-1100-61110 Membership Dues Membership Dues 900.00
NRPA NATIONAL RECREATION AND PARK ASSOCIATION03/27/2026 Regular 0.00 189.00 74036 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 04302026 Invoice 03/27/2026 NRPA Membership 0.00 189.00 100-2600-61110 Membership Dues NRPA Membership 189.00
O'REILLY A O'REILLY AUTOMOTIVE INC 03/27/2026 Regular 0.00 20.31 74037 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 3133-217279 Invoice 03/27/2026 Headlamp 0.00 20.31
100-1600-61830 Vehicle Repairs & Mainte… Headlamp 20.31 OWEN EQUIP OWEN EQUIPMENT SALES INC 03/27/2026 Regular 0.00 4,266.50 74038 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 00070511 Invoice 03/27/2026 Elgin Sweeper Service Tech Travel and Lab… 0.00 1,963.30 410-0000-61899 Equipment Repair & Main… Elgin Sweeper Service Tech Trav… 1,963.30 00070873 Invoice 03/27/2026 Elgin Sweeper Replacement Brooms & Sh… 0.00 2,043.55 410-0000-61899 Equipment Repair & Main… Elgin Sweeper Replacement Bro… 2,043.55 00070878 Invoice 03/27/2026 Elgin Sweeper Replacement Shoe Runner 0.00 259.65 410-0000-61899 Equipment Repair & Main… Elgin Sweeper Replacement Sho… 259.65 PG&E PACIFIC GAS AND ELECTRIC CO 03/27/2026 Regular 0.00 48,030.64 74039 Check Report Date Range: 03/16/2026 - 03/31/2026
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 03062026 Invoice 03/27/2026 Electricity 0.00 48,030.64
100-1600-61720 Utilities - Gas & Electricity Electricity 2,926.25 100-1700-61720 Utilities - Gas & Electricity Electricity 1,367.68 100-1800-61720 Utilities - Gas & Electricity Electricity 1,783.33 100-2100-61720 Utilities - Gas & Electricity Electricity 897.72 100-2400-61720 Utilities - Gas & Electricity Electricity 4,344.79 100-2500-61720 Utilities - Gas & Electricity Electricity 7,240.34 100-2600-61720 Utilities - Gas & Electricity Electricity 525.41 110-0000-61720 Utilities - Gas & Electricity Electricity 216.20 310-0000-61720 Utilities - Gas & Electricity Electricity 19,672.10 410-0000-61720 Utilities - Gas & Electricity Electricity 9,056.82 PBGFS PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC03/27/2026 Regular 0.00 51.58 74040 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 3107734776 Invoice 03/27/2026 Postage Meter Lease 0.00 51.58 100-1800-61200 Postage, Shipping & Freig… Postage Meter Lease 51.58 QUILL CORP QUILL CORPORATION 03/27/2026 Regular 0.00 219.15 74041 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 48018239 Invoice 03/27/2026 Office Supplies - Envelopes 0.00 219.15 100-1800-61210 Office Supplies Office Supplies - Envelopes 219.15 RAZZOLINK RAZZO LINK INC RAZZOLINK 03/27/2026 Regular 0.00 34.90 74042 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 456694 Invoice 03/27/2026 City Web Power Management 0.00 34.90 100-2000-61560 Maintenance Agreements City Web Power Management 34.90 RAMONR ROBERT RAMON 03/27/2026 Regular 0.00 473.00 74043 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 03192026 Invoice 03/27/2026 FTO School Travel & Meals 0.00 473.00 100-1600-62001 Conference, Travel & Mea… FTO School Travel & Meals 473.00 ROSE BACK ROSE BACKFLOW SERVICES 03/27/2026 Regular 0.00 650.00 74044 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 5125 Invoice 03/27/2026 Annual Backflow Testing 0.00 650.00 100-2400-61500 Professional Services Annual Backflow Testing 650.00 SVSWA SALINAS VALLEY SOLID WASTE AUTHORITY 03/27/2026 Regular 0.00 5,000.00 74045 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount CCPP 25-26 Invoice 03/27/2026 Cal Recycle CCPP 25-26 0.00 5,000.00 100-1100-61500 Professional Services Cal Recycle CCPP 25-26 5,000.00 SHOOK SHOOK, HARDY & BACON LLP 03/27/2026 Regular 0.00 2,152.00 74046 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 3141752 Invoice 03/27/2026 CyberSecurity Consultant Services 0.00 2,152.00 100-1100-61760 Budget Contingency CyberSecurity Consultant Servic… 2,152.00 LEW THE LEW EDWARDS GROUP 03/27/2026 Regular 0.00 5,750.00 74047 Check Report Date Range: 03/16/2026 - 03/31/2026
3/28/2026 7:51:32 PM Page 12 of 14
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 008 Invoice 03/27/2026 Sale Tax Consultant Services 0.00 5,750.00 100-1100-61500 Professional Services Sale Tax Consultant Services 5,750.00 DAVIST TIMOTHY DAVIS 03/27/2026 Regular 0.00 2,108.76 74048 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 03192026 Invoice 03/27/2026 Developer Account Refund 0.00 2,108.76 120-0000-61500 Professional Services Developer Account Refund 2,108.76 HICKST TRACY HICKS 03/27/2026 Regular 0.00 56.00 74049
Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 03162026 Invoice 03/27/2026 Rec Center Rental Security Deposit Refund 0.00 56.00 100-0000-45325 Recreation Center Rental Rec Center Rental Security Depo… 56.00 TYLER TECH TYLER TECHNOLOGIES INC 03/27/2026 Regular 0.00 36.25 74050 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 025-546203 Invoice 03/27/2026 Post UB Go Live 0.00 36.25 310-0000-61500 Professional Services Post UB Go Live 36.25 U.S. BAN US BANK CORP PAYMENT SYSTEM 03/27/2026 Regular 0.00 4,525.05 74051 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 03062026AW Invoice 03/27/2026 March 6 2026 Credit Card Statement 0.00 1,419.26 100-2500-61220 Operational Supplies Slin - Pool Scheduling Software 70.00 100-2600-61125 Advertising Pool Hiring Flier 14.00
100-2600-61220 Operational Supplies Softballs 458.72
100-2600-61220 Operational Supplies Noah's Ark Stuffy Workshop 619.70 100-2600-61220 Operational Supplies SOCOS Social Supplies 17.49 100-2600-61500 Professional Services National CPR Training for Coach… 119.60 100-2600-64120 DOJ Fingerprint Checks Coach Background Checks 119.75 03062026DL Invoice 03/27/2026 March 6 2026 Credit Card Statement 0.00 105.16 100-1000-62000 Travel, Meetings & Traini… CM Reception 52.66 100-1000-62000 Travel, Meetings & Traini… CM Reception 52.50 03062026MO Invoice 03/27/2026 March 6 2026 Credit Card Statement 0.00 94.00 100-1700-61220 Operational Supplies Drinking Water 94.00 03062026RM Invoice 03/27/2026 March 6 2026 Credit Card Statement 0.00 2,281.88 100-1600-61110 Membership Dues CEO Membership Application 100.00 100-1600-61110 Membership Dues CEO Membership Application 210.00 100-1600-61220 Operational Supplies Officer Memorial Supplies 11.75 100-1600-62000 Travel, Meetings & Traini… Report Training 131.17 100-1600-62000 Travel, Meetings & Traini… Sgt Training - Taser Instruction S… 895.00 100-1600-62001 Conference, Travel & Mea… Captain Training - Hotal 725.68 100-1600-62001 Conference, Travel & Mea… Sgt Training - Hotel 124.26 100-1600-62001 Conference, Travel & Mea… POST Training - Drinks 23.20 100-1600-62001 Conference, Travel & Mea… LEHR Drop Off - Lunch 60.82 03062026SA Invoice 03/27/2026 March 6 2026 Credit Card Statement 0.00 624.75 100-1100-62001 Conference, Travel & Mea… CM Retirement - Food 33.01 100-1800-64165 Internet Access Monthly Starlink 130.00
100-2000-68130 Capital - Computer Additional User - Canva 36.58 100-2000-68130 Capital - Computer Monthly Zoom 17.33
100-2000-68130 Capital - Computer Monthly Adobe 407.83
U.S. BANCO US BANK EQUIPMENT FINANCE 03/27/2026 Regular 0.00 277.66 74052 Check Report Date Range: 03/16/2026 - 03/31/2026
3/28/2026 7:51:32 PM Page 13 of 14
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 577220601 Invoice 03/27/2026 CH Copier Lease 0.00 277.66 100-1800-61560 Maintenance Agreements CH Copier Lease 277.66 VERIZON WI VERIZON WIRELESS 03/27/2026 Regular 0.00 755.30 74053 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 6138359987 Invoice 03/27/2026 Wireless Service 0.00 755.30 100-1100-61710 Cellular Phones Wireless Service 93.42
100-1300-61710 Cellular Phones Wireless Service 82.80
100-1600-61710 Cellular Phones Wireless Service 304.16
100-1800-61710 Cellular Phones Wireless Service 41.40
100-2100-61710 Cellular Phones Wireless Service 206.92
100-2600-61710 Cellular Phones Wireless Service 26.60
RAIN FOR R WESTERN OILFIELDS SUPPLY CO Rain for Rent 03/27/2026 Regular 0.00 9,727.52 74054 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2243661 Invoice 03/27/2026 Back Up Pump & Rental Fee 0.00 9,727.52 310-0000-61500 Professional Services Back Up Pump & Rental Fee 9,727.52 Total Regular: 0.00 313,845.86
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code POOL-WFB Summary
Bank Drafts
EFT's
56 0
0 0
11 0.00

0.00 0.00

0.00 0.00
67 0.00
Payment
313,845.86

0.00 0.00

0.00 222,615.04
536,460.90
Payable
Count
114
0 0
0 18
132
Check Report Date Range: 03/16/2026 - 03/31/2026
3/28/2026 7:51:32 PM Page 14 of 14
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
56 0
0 0
11 0.00

0.00 0.00

0.00 0.00
67 0.00
313,845.86

0.00 0.00

0.00 222,615.04
536,460.90
114
0 0
0 18
132
Fund Name Period Amount
Fund Summary
999 Pooled Cash Fund 3/2026 536,460.90
536,460.90

Page 1 of 1 ends

City Council Special Meeting
March 17, 2026

1.__CALL TO ORDER:

Special Meeting called to order at 12:12pm by Mayor Pro Tem DeLeon.

2.__ROLL CALL:

City Council: Mayor LeBarre, Mayor Pro Tem Carlos DeLeon member Robert Cullen, Council members Oscar Avalos (Remotely),
City Staff: City Manager Jose Arreola,
No public comment

3. CONSENT
A. Consideration: Authorize the City Manager to Purchase the Replacement of Our Server Hosting Software
City Manager Arreola presented this item.

Council had a few questions on funding. Mayor wanted to know if some of the sewer fund could be allocated for this. City Manager will check into that.

Action: Motion to authorize the City Manager to approve a quote from Alvarez Technology Group to replace the expiring VMware server hosting software with Scale Computing Systems for $48,295.91. by Cullen seconded by DeLeon.

AYES: Council Members: LeBarre, DeLeon, Cullen, Avalos, NOES: Council Members:

ABSENT: Council Members: Victoria
ABSTAIN: Council Members:

City Attorney announced that there is no reportable action.

ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 12:17p.m.

Approved Signatures:

Mayor Mike LeBarre City Clerk, Erica Sonne
City of King City of King
9(C)
Item No. 9(D)

REPORT TO THE CITY COUNCIL
DATE: MARCH 24, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROY C. SANTOS, CITY ATTORNEY
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: SECOND READING OF AN ORDINANCE OF CITY COUNCIL OF
THE CITY OF KING AMENDING MUNICIPAL CODE 17.03,
SECTION 17.03.070, OF TITLE 17 OF THE KING CITY

MUNICIPAL CODE PERTAINING TO COMMERCIAL CANNABIS

ACTIVITY
RECOMMENDATION:

It is recommended that the City Council waive the second reading by title only and adopt an Ordinance of City Council of the City of King Amending Municipal Code Chapter 17.03, Section 17.03.070, of Title 17 of the King City Municipal Code pertaining to commercial cannabis activity.

BACKGROUND:

In light of recent changes in the commercial cannabis regulations relating to employees of cannabis businesses, the City staff is recommending repealing its current employee permitting requirements. The City cannot get the required approvals from the State of California to conduct Live Scan background checks for commercial cannabis employees and such activities are disfavored by State cannabis regulators.

DISCUSSION:

The proposed Ordinance amendment is presented at this time for your review and the introduction and first reading of the Ordinance amendment is recommended. The primary changes proposed in the Ordinance include the following:

Section 17.03.070 Employee work permits. (Reserved)(a) Every employee or independent contractor working at a commercial cannabis business

CITY COUNCIL/CITY

CONSIDERATION SECOND READING OF AN ORDINANCE OF CITY
COUNCIL OF THE CITY OF KING AMENDING MUNICIPAL CODE 17.03, SECTION 17.03.070, OF TITLE 17 OF THE KING CITY MUNICIPAL CODE PERTAINING TO COMMERCIAL CANNABIS ACTIVITYAPRIL 14, 2026 PAGE 2 OF 5
or involved in the transportation related services for a commercial cannabis business shall obtain an employee work permit issued by the city. It shall be the responsibility of the commercial cannabis business permit holder to ensure that the employee or independent contractor has received their work permit from the city prior to commencing any work. Persons who are listed as the commercial cannabis permit holder shall not be required to obtain an employee work permit if such person also serves as an employee or contractor.
(b) Each prospective employee or independent contractor shall be required to submit an application to the city manager so that a background check can be performed by the chief of police. The application shall contain the following:
(1) Name, current resident address, and telephone number. (2) Date of birth.
(3) Social security number, tax identification number or state of California identification card.
(4) Height, weight, eye color and hair color.
(5) Photographs for identification purposes (photographs may be taken by the King City police department or the prospective employee may provide the city with a United States Passport quality photograph).
(6) Be fingerprinted by the King City police department or the California Department of Justice LiveScan system and agree to a criminal history records check conducted by the city manager based upon their fingerprints. (7) Such other identification and information as deemed necessary by the chief of police and pertinent to the employee work permit. (8) Authorization for the city manager to seek verification of the information contained within the application, including, but not limited to, the prospective employee’s criminal arrest and credit history. (9) The name of the commercial cannabis permit holder for which the applicant is seeking to work.
(c) Every applicant for an employee work permit shall provide the city with a non-refundable fee, as established by resolution of the city council, to process their application. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks as well as general review and processing of the application. In the alternative, the applicant may provide the city manager with a completed background check performed by a third party vendor approved by the city.
(d) The city manager, upon receiving a properly completed application and payment of the application fee or a completed third party background check, shall conduct an investigation into the information provided by the applicant. The background check and investigation or review shall be complete within thirty days of receiving the properly completed application and completed background check. The city manager shall provide the applicant with notice either approving

CITY COUNCIL/CITY

CONSIDERATION SECOND READING OF AN ORDINANCE OF CITY
COUNCIL OF THE CITY OF KING AMENDING MUNICIPAL CODE 17.03, SECTION 17.03.070, OF TITLE 17 OF THE KING CITY MUNICIPAL CODE PERTAINING TO COMMERCIAL CANNABIS ACTIVITYAPRIL 14, 2026 PAGE 3 OF 5
or denying the requested employee work permit within fifteen days of completing the background check and investigation. The city manager, in their sole discretion, may conditionally approve the issuance of an employee work permit pending completion of the background check and investigation. Notice of the decision shall be personally served or mailed to the applicant via U.S. mail.

Notice of the decision is presumed served upon the applicant at the time it is deposited within the U.S. mail. The decision of the city manager on an employee permit shall be
(e) An employee work permit shall be denied based upon any of the following grounds:
(1) The applicant has been issued a local or state permit or license to conduct commercial cannabis activities at any other location within the state of California or another state and the permit or license was suspended or revoked, or the applicant has had disciplinary action relating to the permit or license. (2) The applicant has been convicted of a serious or violent offense as listed within California Penal Code Sections 667.5 and 1192.7(c). (3) The applicant has been convicted of any offense listed within Business and Professions Code Section 19323.
(4) The applicant has been convicted of a misdemeanor involving theft, dishonesty, fraud, narcotics sales or narcotic trafficking within the five years preceding the date of the application.
(5) The applicant has been convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined within the Federal Controlled Substance Act, unless the applicant received a Certificate of Rehabilitation as defined in the Act. (6) The applicant has engage in misconduct related to the qualifications, functions or duties of their position with the commercial cannabis business. (7) The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business practices as defined by the King City Municipal Code and/or state or federal law.
(8) The applicant is under the age of twenty-one, or any age as may be set by state law.
(9) The applicant meets any of the conditions identified within Business and Professions Code Section 26057(b).
(f) The city manager may suspend or revoke an employee work permit when the employee or independent contractor has committed any of the following acts:
(1) Any action which would be grounds for denial of an employee work permit.
(2) Any violation of this chapter, the King City Municipal Code, or any other applicable state or federal law governing the commercial cannabis business or activity.

CITY COUNCIL/CITY

COST ANALYSIS:

The amendment will not result in any cost to the City.

ENVIRONMENTAL REVIEW:

This matter is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.

ALTERNATIVES:

CITY COUNCIL/CITY

1. Introduce the Ordinance;

2. Modify the Ordinance;

3. Direct staff to instead establish all the fines by Ordinance;

4. Do not adopt the Ordinance; or

5. Provide staff other direction.
4914-9011-8275 v1
ORDINANCE NO. 2026-842

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING REPEALING AND REPLACING CHAPTER 17.03, SECTION 17.03.070, OF TITLE 17 OF THE KING

CITY MUNICIPAL CODE PERTAINING TO COMMERCIAL CANNABIS ACTIVITY WHEREAS, the City of King (“the City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, pursuant to the City’s express statutory authority and its inherent police power, the City desires to repeal the employee work permitting requirements of Chapter 17.03, Section 17.03.070, of Tittle 17.

NOW THEREFORE, the City Council of the City of King does hereby ordain as follows:

SECTION 1. The above recitals are incorporated hereto by reference as if fully restated.

SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) Further, the adoption and implementation of this Ordinance is not a project, as defined in CEQA Guidelines section 15378, because it has no potential for resulting in physical change to the environment, either directly or indirectly, and is therefore not subject to environmental review under CEQA pursuant to CEQA Guidelines section 15060(c)(3).

SECTION 3. Chapter 17.03, Section 17.03.070, of Title 17, of the King City Municipal Code is hereby repealed and replaced to read as follows:

Chapter 17.03

COMMERCIAL CANNABIS ACTIVITY
Section 17.03.070 Employee work permits. (Reserved)
(a) Every employee or independent contractor working at a commercial cannabis business or involved in the transportation related services for a commercial cannabis business shall obtain an employee work permit issued by the city. It shall be the responsibility of the commercial cannabis business permit holder to ensure that the employee or independent contractor has received their work permit from the city prior to commencing any work. Persons who are listed as the commercial cannabis permit holder shall not be required to obtain an employee work permit if such person also serves as an employee or contractor.
(b) Each prospective employee or independent contractor shall be required to submit an application to the city manager so that a background check can be performed by the chief of police. The application shall contain the following:
(1) Name, current resident address, and telephone number. (2) Date of birth.
(3) Social security number, tax identification number or state of California identification card.
4914-9011-8275 v1
(4) Height, weight, eye color and hair color.
(5) Photographs for identification purposes (photographs may be taken by the King City police department or the prospective employee may provide the city with a United States Passport quality photograph).
(6) Be fingerprinted by the King City police department or the California Department of Justice LiveScan system and agree to a criminal history records check conducted by the city manager based upon their fingerprints.
(7) Such other identification and information as deemed necessary by the chief of police and pertinent to the employee work permit.
(8) Authorization for the city manager to seek verification of the information contained within the application, including, but not limited to, the prospective employee’s criminal arrest and credit history.
(9) The name of the commercial cannabis permit holder for which the applicant is seeking to work.
(c) Every applicant for an employee work permit shall provide the city with a nonrefundable fee, as established by resolution of the city council, to process their application. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks as well as general review and processing of the application. In the alternative, the applicant may provide the city manager with a completed background check performed by a third party vendor approved by the city.
(d) The city manager, upon receiving a properly completed application and payment of the application fee or a completed third party background check, shall conduct an investigation into the information provided by the applicant. The background check and investigation or review shall be complete within thirty days of receiving the properly completed application and completed background check. The city manager shall provide the applicant with notice either approving or denying the requested employee work permit within fifteen days of completing the background check and investigation. The city manager, in their sole discretion, may conditionally approve the issuance of an employee work permit pending completion of the background check and investigation. Notice of the decision shall be personally served or mailed to the applicant via U.S. mail. Notice of the decision is presumed served upon the applicant at the time it is deposited within the U.S. mail. The decision of the city manager on an employee permit shall be (e) An employee work permit shall be denied based upon any of the following grounds:
(1) The applicant has been issued a local or state permit or license to conduct commercial cannabis activities at any other location within the state of California or another state and the permit or license was suspended or revoked, or the applicant has had disciplinary action relating to the permit or license.
(2) The applicant has been convicted of a serious or violent offense as listed within California Penal Code Sections 667.5 and 1192.7(c).
(3) The applicant has been convicted of any offense listed within Business and Professions Code Section 19323.
4914-9011-8275 v1
(4) The applicant has been convicted of a misdemeanor involving theft, dishonesty, fraud, narcotics sales or narcotic trafficking within the five years preceding the date of the application. (5) The applicant has been convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined within the Federal Controlled Substance Act, unless the applicant received a Certificate of Rehabilitation as defined in the Act.
(6) The applicant has engage in misconduct related to the qualifications, functions or duties of their position with the commercial cannabis business. (7) The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business practices as defined by the King City Municipal Code and/or state or federal law. (8) The applicant is under the age of twenty-one, or any age as may be set by state law. (9) The applicant meets any of the conditions identified within Business and Professions Code Section 26057(b).
(f) The city manager may suspend or revoke an employee work permit when the employee or independent contractor has committed any of the following acts:
(1) Any action which would be grounds for denial of an employee work permit. (2) Any violation of this chapter, the King City Municipal Code, or any other applicable state or federal law governing the commercial cannabis business or activity. (3) An employee or independent contractor working for a commercial cannabis testing facility is also employed or volunteers at any commercial cannabis business engaging in nontesting commercial cannabis activities. (g) Prior to suspending or revoking an employee work permit, the city manager shall conduct a hearing. Written notice of the hearing shall be provided to the employee or independent contractor at least five calendar days prior to the hearing. The notice shall contain the basis for suspending or revoking the employee work permit. Notice may be provided by either personal service or U.S. mail. After the hearing, the city manager shall provide notice of the decision whether to suspend or revoke the employee work permit. The decision of the city manager shall be final, subject to judicial review. The employee or independent contractor has no right to appeal the decision to the city council.
(h) The city manager may immediately suspend an employee work permit without notice or hearing, subject to appeal rights as set forth in this chapter, under the following circumstances:
(1) The employee or independent contractor is convicted of a public offense in any court for the violation of any law which would be grounds for denial of an employee work permit. (2) The chief of police determines immediate suspension is necessary to protect the health, safety and welfare of the community. The city manager shall provide notice of the grounds for immediate suspension of the employee work permit and the suspension shall only be for as long as reasonably necessary to address the grounds which led to the suspension. 4914-9011-8275 v1
(i) An employee work permit shall expire two years from the date it was issued by the city. An employee work permit shall authorize the individual to work for any commercial cannabis business within the city limits of the city of King.

SECTION 4: EFFECTIVE DATE.

This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the ____ day of _________ 2026, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of ____________ 2026, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
Erica Sonne, City Clerk

CITY OF KING
By:

MIKE LEBARRE, Mayor
APPROVED AS TO FORM:

By:

ROY C. SANTOS, City Attorney
Burke, Willians & Sorensen, LLP
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.

Item No. 9(E)

REPORT TO THE CITY COUNCIL
DATE: APRIL 14, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ERICA SONNE, CITY CLERK
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: CONSIDERATION OF CITY OF KING KCCP PAYMENTS FOR
THE MONTH OF MARCH 2026
RECOMMENDATION:

It is recommended City Council receive and file.

BACKGROUND:

At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.

DISCUSSION:

The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.

COST ANALYSIS:

There is no fiscal impact as a result of this action.

ENVIRONMENTAL REVIEW:

No Environmental Review required for this item.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Receive and file the report; or

2. Provide other direction to staff regarding requests for additional information.

CITY COUNCIL

CONSIDERATION OF CITY OF KING KCCP PAYMENTS FOR THE MONTH OF MARCH 2026
APRIL 14, 2026
PAGE 2 OF 2
Exhibits:

1. Listing of ACH payments
Pilot Power Group, Inc.
8910 University Center Lane, Suite 520
San Diego, CA 92122
Customer:

City of King dba King City Community Power
212 South Vanderhurst Avenue
King City, CA 93930
Statement Date: 3/31/2026 45
Month Description Vendor Vendor Invoice Classification Amount March-26 Back Office/Call Center Pilot Power Group, Inc. Back Office Services 3,801.90 $ Back Office Services Subtotal 3,801.90 $
March-26 Weekly Market Invoice California Independent System Operator 030331-77486113 Cost of Sales 1,815.00 $ March-26 Weekly Market Invoice California Independent System Operator 031031-77733504 Cost of Sales 3,198.06 $ March-26 Weekly Market Invoice California Independent System Operator 031732-77992675 Cost of Sales 228.16 $ March-26 Weekly Market Invoice California Independent System Operator 032431-78082544 Cost of Sales 798.46 $ March-26 Resource Adequacy Pilot Power Group, Inc. Cost of Sales 55,729.00 $ March-26 March - Power Supply Pilot Power Group, Inc. Cost of Sales 213,523.65 $ March-26 March - RPS Allocation Pilot Power Group, Inc. Cost of Sales 23,796.37 $ Cost of Sales Subtotal 299,088.70 $
March-26 Mercuria LC Interest Pilot Power Group, Inc. Interest 12,458.48 $ Interest Subtotal 12,458.48 $
March-26 Client Administration Pilot Power Group, Inc. Professional Services 2,083.33 $ March-26 Energy Procurement/Scheduling Pilot Power Group, Inc. Professional Services 1,875.00 $ March-26 Accounting and Finance Pilot Power Group, Inc. Professional Services 1,875.00 $ March-26 Legal and Regulatory Pilot Power Group, Inc. Professional Services 4,166.67 $ March-26 Executive Management Pilot Power Group, Inc. Professional Services 4,166.67 $ March-26 Programming Pilot Power Group, Inc. Professional Services 625.00 $ March-26 Technical Services Pilot Power Group, Inc. Professional Services 1,875.00 $ Professional Services Subtotal 16,666.67 $
March-26 Bank Fees - Mar City National Bank Bank Charges 100.00 $ March-26 Mailer Charges Pilot Power Group, Inc. Mailing 78.30 $ March-26 KCCP Customers' Credit Balance Refund KCCP Customers Customer refunds 134.83 $ March-26 February 2026 UUT Pilot Power Group, Inc. Taxes 5,662.60 $ Other Items Subtotal 5,975.73 $
Grand Total 337,991.48 $
Statement
4914-1060-7262 v1
Item No. 9(F)

CITY COUNCIL STAFF REPORT
DATE: APRIL 14, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFF VAN DEN EIKHOF, CONSULTANT CITY ENGINEER
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: AWARD BID FOR POOL FENCING PROJECT
RECOMMENDATION:

It is recommended that the City Council: 1) award the bid for the Pool Fencing Project as proposed by low bidder, Big Wakoo Fence Inc., in the amount of $161,492.00; and 2) authorize using Aquatic Center Impact Fees to pay for the expansion portion of the project.

BACKGROUND:

In 2023, the City of King received $400,000 in state funding, secured through the office of Senator Anna Caballero, to improve City recreation facilities. The City has already spent $117,070 to renovate the existing tennis courts and add four pickleball courts, leaving an approximate remaining balance of $282,930.

Staff has previously identified the need to renovate and expand the fence in and around the King City Aquatic Center. The Aquatic Center, originally built in 1941, has been modified and improved several times over the years. Currently, the Aquatic Center fencing is in poor condition and does not meet current regulations. Additionally, Recreation Staff requests expanding a portion of the facility to improve control and security of the picnic area adjacent to the northside facility entrance.

Plans were prepared and distributed to potential contractors for required competitive bidding. The proposed renovations and expansion include removal and replacement of the older chain link and barbed wire fencing, installation of black wrought iron, tubular fencing, new panic bar gates, and the addition of new,

CITY COUNCIL

CONSIDERATION OF AWARD OF BID FOR THE POOL FENCING PROJECT APRIL 14, 2026
PAGE 2 OF 3
4914-1060-7262 v1
enclosed fencing around the raised entrance area next to the snack bar and pool entrance gate.

DISCUSSION:

On March 19, 2026, the City received three (3) bids for the fence replacement project with an average bid of $295,626. The low bidder was Big Wakoo Fence Inc., from Arroyo Grande, California, with a bid of $161,492.00. The official bid opening results are attached.

COST ANALYSIS:

The remaining balance of the State grants funds is approximately $282,930, and the Aquatic Center Impact Fee fund balance is $450,000.

Staff recommends using Aquatic Center Impact Fees for the expansion of the Aquatic Center and State Grant funds for the remainder, as follows:

State grants funds ....................................................$136,785.00 Aquatic Center Impact Fees fund...............................$24,707.00 Total Funding ...........................................................$161,492.00 Construction Costs (Big Wakoo Fence Inc.).............$161,492.00 ENVIRONMENTAL REVIEW:

This proposed project is categorically exempt as set forth in Section 15301 of the CEQA guidelines because the contract is for maintenance. Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2, apply to this project.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Award Bid of the Pool Fencing Project as proposed by the low bidder, Big Wakoo Fence Inc., in the amount of $161,492.00; authorize using Aquatic Center Impact Fees to pay for the expansion portion of the project.

2. Reject the bids and solicit new bids;

3. Do not award the Pool Fence Renovation Project; or

4. Provide other directions for staff.

CITY COUNCIL

CONSIDERATION OF AWARD OF BID FOR THE POOL FENCING PROJECT APRIL 14, 2026
PAGE 3 OF 3
4914-1060-7262 v1
EXHIBITS:

1. Bid Results

2. Contract
Exhibit 1
Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________ 01222.0006/820866.1 1

PUBLIC WORKS AGREEMENT

BETWEEN CITY OF KING AND
BIG WAKOO FENCE, INC.

THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this ____ day of ________, 2026 by and between the CITY OF KING, a municipal corporation, (“City”) and Big Wakoo Fence Inc., Corporation (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant to the authority of the City of King Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project to the extent applicable or appropriate (it being understood that one or more of such documents may not be applicable in the event a competitive bidding process is not utilized due to existence of emergency or exigent circumstances), including but not limited to, the Notice Inviting Bids, Summary of Work, Instructions to Bidders, Bid or Bid Proposal, General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents included, referenced, EXHIBIT 2
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or incorporated therein. The Bid Documents are incorporated into this Agreement. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall located at 212 S. Vanderhurst Ave., King City, CA 93930 and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer. (d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall -3-
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provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor 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 Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.3 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this -4-
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Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.4 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed; (ii) has carefully considered how the services should be performed; and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.5 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

1.6 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing -5-
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herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.7 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000.00 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.8 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.9 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, -6-
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commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Project Manager prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Project Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
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(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation of One Hundred Sixty-one Thousand Four Hundred and Ninetytwo Dollars ($161,492.00) for completion of the work.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage -8-
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rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.

City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

2.5 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
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(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within Thirty (30) consecutive working days from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Five Hundred Dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.3 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively. -10-
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ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The Project Manager shall beJeff van den Eikhof, Contract City Engineer, or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing -11-
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by the City General Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000.00 per occurrence, $4,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
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(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident. (c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against -13-
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City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change -14-
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results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
(r) Endorsements.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability -15-
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involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance, Labor, and Warranty Bonds.

Concurrently with execution of this Agreement, Contractor shall deliver to the City the following bonds:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
(b) A labor and materials bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1. (c) A warranty bond, guaranteeing the Contractor’s warranty under Section 1.9 of this Agreement, in an amount not less than 10% of the total compensation for this Agreement, as stated in Section 2.1.

All bonds shall be on a form approved by the City Clerk. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required in Section 5.5 may be changed accordingly upon receipt of written notice from the City.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements -16-
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charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
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6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Monterey, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in the County of Monterey, State of California.

7.2 Termination.

This Agreement may be terminated in accordance with Section 6-7 and 6-8 of the 2018 Edition of the Standard Specifications for Public Works Construction (the Greenbook). -18-
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7.3 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. -19-
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(i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. -20-
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(iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000.00 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000.00 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
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(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies Are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties. -22-
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City. -23-
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ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of King 212 S.

Vanderhurst Ave., King City, CA 93930 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or -24-
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decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
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CITY:

CITY OF KING, a California Municipal
Corporation.
___________________________________
Mike LeBarre, Mayor
CONTRACTOR:
___________________________________
*By: ________________________________
Name: _______________________________
Title: _______________________________
ATTEST:

Erica Sonne, City Clerk
*By: _______________________________
Name:______________________________
Title: _______________________________
APPROVED AS TO FORM:

BURKE, WILLIAMS, & SORENSEN, LLP
Roy C. Santos, City Attorney
Address:
_____________________________________
_____________________________________
_____________________________________
*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. 01222.0006/820866.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF MONTEREY
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 01222.0006/820866.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

EXHIBIT A
CONTRACTOR’S BID
01222.0006/820866.1

Item No. 9 (G)

REPORT TO THE CITY COUNCIL
DATE: APRIL 14, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFF VAN DEN EIKHOF, CONSULTANT CITY ENGINEER
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: AWARD 2025 CDBG PAVEMENT REHABILITATION PROJECT

INCLUDING ADOPTION OF A CATEGORICAL EXEMPTION,
PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES
______________________________________________________________________ RECOMMENDATION:

It is recommended that the City Council: 1) approve the Contractor Services Agreement with Teichert Construction, Inc., for the 2025 CDBG Pavement Rehabilitation Project in the proposed amount of $2,197,060; 2) approve the Contract Change Order (CCO) No. 1 - Curb ramp replacements for $182,668; and 3) authorize the City Manager to approve contract change orders cumulatively up to twenty-percent (20%) of the bid amount, not including CCO No. 1.

BACKGROUND:

Improvement Plans and Specifications were distributed for competitive bidding for the 2025 CDBG Pavement Rehabilitation Project. The pavement rehabilitation project covers several street segments. The work generally includes the following: performing full-depth removal and replacement of hot mix asphalt (HMA), digouts, raising and lowering utility covers, cold planning, HMA leveling course and surface course, cape seal (Type 2 Slurry Seal over Rubberized chip Seal, striping and markings. The City was awarded a Community Development Block Grant (CDBG) grant in the amount of $3,300,000, of which $3,029,112 is available for design, construction, and project management.

On September 25, 2025, eleven (11) bids were received. Given the large gap in available CDBG funds intended to make neighborhood street improvements and the apparent low bidder, staff recommended rebidding the project to upgrade the treatment

CITY COUNCIL
CONSIDERATION OF AWARD FOR THE 2026 CDBG PAVEMENT

REHABILITATION PROJECT
APRIL 14, 2026
PAGE 2 OF 3
to provide full street replacement on the three major north-south streets, specifically, South Third Street, South Vanderhurst Street, and South San Lorenzo Street, included in this project.

On December 9, 2025, the City Council rejected all bids for the 2025 CDBG Pavement Rehabilitation Project and directed staff to solicit new bids for the project with the revised street improvement specifications. Revised project documents were redistributed for bidding.

DISCUSSION:

On Monday, December 22, 2025, the Public Works Director/City Engineer solicited formal rebidding for the 2025 CDBG Pavement Rehabilitation Project. The deadline to receive bids was 2:00 p.m. on Thursday, February 5, 2026. The City received twelve (12) bids with an average bid of $2,449,405.60. Teichert Construction, Inc. was the low bidder at $2,197,060.00. The official bid opening results are attached.

After the bid opening, staff determined that eleven curb ramps on streets receiving fulldepth removal and replacement required replacement to comply with the CDBG and ADA requirements. Staff solicited a proposal from Teichert Construction for the additional curb ramps. The proposed costs of $182,668 are in line with expected bid prices. The total cost of the project, including CCO No. 1, is $2,379,728.00, which is lower than the available CDBG funds.

COST ANALYSIS:

The City was awarded a $3,300,000 Community Development Block Grant (CDBG) for construction of the 2025 CDBG Pavement Rehabilitation Project. Of those funds, $3,029,122 is available for construction and soft costs (design, project and construction management, and inspection services).

The total projected project costs are as follows:

Low Bid Amount (Teichert Construction).............. $2,197,060.00 Contract Change Order No. 1.................................. $182,668.00 Total Construction Costs ...................................... $2,379,728.00 Estimated Soft Costs (15%)..................................... $356,959.00 Total Estimated Project Costs........................... $2,736,687.00 Estimated Grant Remaining (Contingency)........................ $292,435.00

CITY COUNCIL
CONSIDERATION OF AWARD FOR THE 2026 CDBG PAVEMENT

REHABILITATION PROJECT
APRIL 14, 2026
PAGE 3 OF 3
Although not anticipated, Measure X funds are available to cover costs exceeding the contingencies.

ENVIRONMENTAL REVIEW:

Staff have performed a preliminary environmental assessment of this project and have determined that it falls within the Categorical Exemption set forth in Section 15301 of the CEQA guidelines because the contract is for the maintenance and repair of existing streets, which will not result in the expansion of capacity of these streets. Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project. NEPA review on the project was also completed.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Award Base Bid of the 2025 CDBG Pavement Rehabilitation Project as proposed by the low bidder, Teichert Construction, Inc., in the amount of $2,197,060.00; approve CCO No. 1 - Curb ramp replacements in the amount of $182,668.00; and authorize the City Manager to approve change orders cumulatively up to twentypercent (20%) of the bid amount, not including CCO No. 1.

2. Do not award the 2025 CDBG Pavement Rehabilitation Project; or

3. Provide other directions to staff.

EXHIBITS:

1. Bid Results

2. Contractor Services Agreement - Teichert Construction, Inc

3. Change Order No. 1 – Curb Ramp Replacements
EXHIBIT 1
Project Name/No.: ________________ Contract No.: _PW26021____ Project Manager: ________________ Approved: ______________ 4920-3845-0333 v1 1

PUBLIC WORKS AGREEMENT

BETWEEN CITY OF KING AND

TEICHERT CONSTRUCTION
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this ____ day of ________, 2026 by and between the CITY OF KING, a municipal corporation, (“City”) and A. Teichert & Sons, Inc. dba Teichert Construction (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant to the authority of the City of King Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled 2025 CDBG Pavement Rehabilitation Project (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project to the extent applicable or appropriate (it being understood that one or more of such documents may not be applicable in the event a competitive bidding process is not utilized due to existence of emergency or exigent circumstances), including but not limited to, the Notice Inviting Bids, Summary of Work, Instructions to Bidders, Bid or Bid Proposal, General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents EXHIBIT 2
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included, referenced, or incorporated therein. The Bid Documents are incorporated into this Agreement. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall -3-
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provide City with a copy of the information submitted to any applicable apprenticeship program.

1.3 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this -4-
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Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.4 Familiarity with Work.

1.6 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing -5-
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herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.7 Trench Excavation.

1.8 Protection and Care of Work and Materials.

1.9 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, -6-
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commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Project Manager prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Project Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
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(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted. (ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation of Two Million One Hundred Ninety-Seven Thousand and Sixty Dollars ($2,197,060) for completion of the work.

2.2 Invoices.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors -8-
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providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.

2.4 Retention.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

2.5 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.
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ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within ten (10) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within Sixty One (61) consecutive working days from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply.

3.2 Liquidated Damages.

3.3 Inspection and Final Acceptance.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:
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________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

4.3 Project Manager.

The Project Manager shall be Jeff van den Eikhof, Contract City Engineer or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City General Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, -11-
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compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000.00 per occurrence, $4,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident. -12-
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(c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform -13-
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Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, -14-
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lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
(r) Endorsements.

5.3 Indemnification.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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5.4 Notification of Third-Party Claims.

5.5 Performance, Labor, and Warranty Bonds.

5.6 Sufficiency of Insurer or Surety.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with -16-
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generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

6.2 Reports.

6.3 Ownership of Documents.

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or -17-
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work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

7.2 Termination.

This Agreement may be terminated in accordance with Section 6-7 and 6-8 of the 2018 Edition of the Standard Specifications for Public Works Construction (the Greenbook).

7.3 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract -18-
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Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return -19-
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receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. -20-
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(f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
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(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.4 Waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies Are Cumulative.

7.6 Unfair Business Practices Claims.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which -22-
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may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

8.3 Covenant Against Discrimination.

8.4 Unauthorized Aliens.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not -23-
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correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.

9.2 Notices.

9.3 Interpretation.

9.4 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.5 Integration; Amendment.

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. -24-
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9.7 Warranty & Representation of Non-Collusion.

9.8 Corporate Authority.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
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CITY:

CITY OF KING, a California Municipal
Corporation.
___________________________________
Mike LeBarre, Mayor
CONTRACTOR:
__Teichert Construction______________
*By: ________________________________
Name: _______________________________
Title: _______________________________
ATTEST:

Erica Sonne, City Clerk
*By: _______________________________
Name:______________________________
Title: _______________________________
APPROVED AS TO FORM:

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. 4920-3845-0333 v1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

EXHIBIT A
CONTRACTOR’S BID

--- For Official City Use Only ---
Change in Contract Price Change in Contract Time
Original Contract Price: $2,197,060.00 Original Contract Time: 40 days Total CCO Price (All Previous CCO’s): $0 Change in Contract Time from previous CCO’s ___0______ days Contract Price Prior to this CCO: $2,197,060.00 Contract Time Prior to this CCO _40_________ days Net Increase (Decrease) this CCO: $182,668.000 Net Increase (Decrease) this CCO __21______ days Contract Price with all Approved CCO’s $2,379,728.00 Contract Time with all Approved CCO’s ___61_______ days.

CITY OF KING, CALIFORNIA

CONTRACT CHANGE ORDER
Sheet 1 of 8 sheets
Change Order No. 1
Project: 2025 CDBG Pavement Rehabilitation Project
Date: 4/10/2026
To: Teichert Construction, Inc.

You are hereby authorized and directed to make the herein described changes to the plans and specifications, and/or to increase or decrease contract quantities, as follows:

Construct curb ramps within the project limits.

Original Contract Amount $2,197,060.00
Contract Change Order $182,668.00
Adjusted Contract Amount $2,379,728.00
We, the undersigned contractor, have given
careful consideration to the changes proposed
and hereby agree, if this proposal is approved,
that we will provide all equipment, furnish all
materials, except as may be noted above and
perform all services necessary for the work
above specified, and will accept as full payment
therefor the prices shown above.

By reason of this proposed change 21 day(s)
extension of time will be allowed.

Accepted date 20___
Signed: Contractor's Authorized Agent
Recommended by:

Jeff van den Eikhof, City Engineer
Date
Approved by:

Mike LeBarre, Mayor
Date
04/06/2026
EXHIBIT 3
Qty Unit Teichert BCI Spencon Santa Maria (FPS) Santa Maria (All) Layout Sawcut for AC and PCC 459.00 LF 2,178.74$
Sawcut AC and PCC 459.00 LF 10,279.49$
Break and Loadout Concrete @ 5" Avg 2,200.00 SF 29,674.54$ Process Subgrade and Fine Grade 2,200.00 SF 21,205.17$
Traffic Control for Sawcut and Demo 8.50 Days 23,951.02$ Subtotal for Sawcut and Demo Ramps $ 87,288.96 $ 87,288.96 $ 87,288.96 $ 87,288.96 Incl in total Form Ramps 473.00 LF 15,362.59$
Pour and Finish Ramps @ 5" Avg 2,200.00 SF 23,129.69$
Strip Forms 473.00 LF 8,499.80$
Place Domes 13.00 EA 11,202.02$ 86,961.00$ 121,957.50$
Traffic Control for Form Pour and Strip 8.25 Days 23,246.58$ 23,246.58$ 23,246.58$ Subtotal for Form Pour and Strip $ 81,440.68 $ 110,207.58 $ 145,204.08 $ 118,063.00 Incl in total Place AC Plug 263.00 LF 18,531.94$
Traffic Control for AC Plug 2.00 Days 5,260.89$
Subtotal for AC Plug $ 23,792.83 $ 23,792.83 $ 23,792.83 $ 23,792.83 Incl in total Subtotal for Ramp Work $ 192,522.47 $ 221,289.37 $ 256,285.87 $ 229,144.79 $ 161,667.99 Additional Working Days Requested 21.00 Days
Time-Related Overhead for Additional Days 21.00 Days 21,000.00$ 21,000.00$ 21,000.00$ 21,000.00$ 21,000.00$ CCO Curb Ramp Total $ 213,522.47 $ 242,289.37 $ 277,285.87 $ 250,144.79 $ 182,667.99 *Subcontractor pricing includes 5% Teichert Markup and Bond Adder from Sub Used Teichert Pricing because Sub Excluded
Pricing*
CCO Pricing for Curbs Ramps in King City

Item No. 10 (A)

REPORT TO THE CITY COUNCIL
DATE: APRIL 14, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: VERONICA CONTRERAS, HUMAN RESOURCES
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: CONSIDERATION OF PUBLIC HEARING REGARDING

VACANCIES AND RECRUITMENT AND RETENTION EFFORTS
RECOMMENDATION:

It is recommended the City Council: 1) receive a presentation from staff on City staffing vacancies and recruitment and retention efforts as set forth in Government Code Section 3502.3; 2) open the public hearing, allow for presentations by union representatives, allow for testimony by the public, and close the public hearing; and 3) provide any comments or direction to staff.

BACKGROUND:

AB 2561 was introduced to address the issue of job vacancies in local government, which adversely affects the delivery of public services and employee workload. Among other requirements, the bill mandates that public agencies present the status of vacancies and recruitment and retention efforts during a public hearing before the agency’s governing body at least once per fiscal year. The bill was enacted into law and is codified as Government Code Section 3502.3. The new law became effective January 1, 2025. It requires the public hearing be held prior to adoption of the budget.

Other specific requirements of Government Code Section 3502.3 include the following:
• During the hearing, the public agency shall identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process.

CITY COUNCIL

CONSIDERATION OF PUBLIC HEARING REGARDING VACANCIES AND

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APRIL 14, 2026
PAGE 2 OF 7
• The recognized employee organization for a bargaining unit shall be entitled to make a presentation at the public hearing at which the public agency presents the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.
• If the number of job vacancies within a single bargaining unit meets or exceeds 20 percent of the total number of authorized full-time positions, the public agency shall, upon request of the recognized employee organization, include all of the following information during the public hearing:
o The total number of job vacancies within the bargaining unit. o The total number of applicants for vacant positions within the bargaining unit.
o The average number of days to complete the hiring process from when a position is posted.
o Opportunities to improve compensation and other working conditions.

Representatives from each labor group were notified and invited to make a presentation at the public hearing. If vacancies exceed 20 percent of the authorized full-time positions, the union representative was instructed to provide the City a minimum of 5 days notice prior to the public hearing if requesting the additional information set forth under Government Code Section 3502.3.

DISCUSSION:

Staffing
The City is currently allocated 44 full-time positions. There are roughly an additional 75 part-time positions, including part-time firefighters and seasonal recreation employees.

Of the 44 full-time positions, 38 are represented by 4 unions and employee associations, which consist of the following:
• King City Confidential Employees Association (“KCCEA”) • King City Police Sergeants Association (“KCPSA”)
• King City Police Officers Association (“KCPOA”)
• Service Employees International Union Local 521 (“SEIU”)

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CONSIDERATION OF PUBLIC HEARING REGARDING VACANCIES AND

RECRUITMENT AND RETENTION EFFORTS
APRIL 14, 2026
PAGE 3 OF 7
Full-time staffing is allocated as follows:

Administration 3
Finance 2
Community Development 4
Police 21
Fire 1
Public Works 11
Recreation 2
Total 44
Recruitment Process
Description of recruitment process
The City has established a recruitment process to fill our hiring needs.

Recruitment begins upon notification of resignations or terminations that arise due to various reasons. Our recruitment process consists of the following; • Collectively the Human Resources Manager and the hiring manager review the job description, needs of the position and identify the responsibility of the vacant position. The City Manager is informed of the recruitment needs and as well as the obstacles and plan of coverage for the vacant position while recruitment takes place. At this time our vacancies have not required the City to remove work from a bargaining unit or make material changes to an employee’s workload. • A recruitment timeline is created with the projected dates; posting open position, panel interviews with identified interview panelists (internal/external), projected hiring date, estimated background process and tentative start date of new hire.
• Once the needs are identified the job description is open and posted for the specified timeline (typically 30 days). The open position is displayed on our City website and any other social platforms depending on the hiring department. This could vary from any of the following; City website, City Instagram, City Facebook, LinkedIn, local newspaper, Government Jobs website, POST (Commission on Peace Officer Standards and Training) , and PORAC (Peace Officers Research Association of California).

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CONSIDERATION OF PUBLIC HEARING REGARDING VACANCIES AND

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APRIL 14, 2026
PAGE 4 OF 7
• Applications are collected throughout the posted timeframe. Candidates receive communication from Human Resources confirming their application has been received along with a timeline of an expected response update and throughout the status of their application whether their application is declined or extended an interview. • At the end of the posting cycle, the position is closed from all posted platforms. Applications are reviewed in collaboration with the Human Resources Manager and the hiring manager. Candidate’s qualifications are assessed by the needs of the position. A shortlist of selected candidates is created, thus moving to the next phase of the interview process. Human Resources begins scheduling for Panel Interviews. • Once panel interviews have been completed, the panelist make the final selection of most suitable candidates to discuss with the hiring manager.

These candidates move forward to the final interview with the hiring manager for interview and final selection.
• The selected candidate for the position is extended a conditional offer of employment from the City with the requirements to begin the required background process.
• In final, human resources updates the recruitment log with job vacancies, list of open positions, applicant names and status of application.

Vacancies
There are currently 4 vacancies, including the following positions:

Finance Manager (new position, unclassified) 1
Public Works Director/Engineer 1
Police Officer 1
Police Sergeant 1
Two positions are unclassified and therefore not represented by a union or confidential association. One vacancy is represented by KCPOA. There are currently 11 officer positions, that results in a vacancy of .09%. One other of the vacancies is represented by KCPSA. There are currently 4 Police Sergeant positions, this vacant position results in a vacancy rate of 25%. As a result, that vacancy triggers the additional requirements under AB 2561.

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CONSIDERATION OF PUBLIC HEARING REGARDING VACANCIES AND

RECRUITMENT AND RETENTION EFFORTS
APRIL 14, 2026
PAGE 5 OF 7
Status of Recruitments
Recruitment is under way and initial interviews have occurred for the police sergeant vacancies. The vacancies resulted from a unique circumstance. The City received a total of _4__ applications.

Recruitment and Retention Efforts
Salaries and Compensation:

The City is continuing to strategize and develop a financial reserve. Through this investment employees’ salaries across various departments have improved. The City is also active in minimizing to the City’s best ability the increased cost in benefits.

Significant progress has been made in establishing competitive salaries. The City maintains a competitive benefits package that is affordable given the highrising costs.

Recruitment of Qualified Candidates:

To expand our potential and recruit qualified candidates, the City has lowered the minimum years of experience from five to three years in current role. Prompt recruitment efforts to fill vacancies as efficiently as possible, including an overlap for a short period of time if needed.

Organizational Values:

The City continues to emphasize the commitment to organizational values, which are based upon the following:

Building trust through ethics, integrity, accountability and communication; Respect others and each other at all times;
Effectiveness through dedication and commitment to the community.

These values are the foundation of how the City organization operates and are reinforced at all stages of employment. They also represent the basis of how

CITY COUNCIL

CONSIDERATION OF PUBLIC HEARING REGARDING VACANCIES AND

RECRUITMENT AND RETENTION EFFORTS
APRIL 14, 2026
PAGE 6 OF 7
organization leaders are selected. The City has worked hard to create a reputation for maintaining a quality work environment.

Training:

The City supports and has increased several opportunities for employee training and development in all areas of the organization that are relevant to their position.

Future Efforts
Sales Tax Measure:

The proposed sales tax measure is expected to be placed on the ballot again this election year, 2026. It will be essential for it to pass to provide the financial resources needed to remain marketable in the future and to address staffing needs.

Reduction of Overtime:

One of the most significant issues in the Police Department that directly impacts our Police Sergeants is the impacting working conditions and the amount of overtime required on an ongoing basis. It has resulted from several issues, including the following:
• Long term staffing vacancies
• Increase in crimes over the past several year, which require a major response and follow-up investigation activities
• Number of ongoing special events and parades that require police participation and/or security
• Number of activities requiring special patrols, such as fireworks enforcement during July 4th, major events, threats that are reported, etc.

Some of the measures being worked on to address overtime include the following:
• Prompt recruitment efforts to fill vacancies as efficiently as possible, including an overlap for a short period of time if needed. • Salaries and compensation review as described above.

CITY COUNCIL

CONSIDERATION OF PUBLIC HEARING REGARDING VACANCIES AND

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APRIL 14, 2026
PAGE 7 OF 7
• For private events, additional private security and volunteers are being requested for many special events to lessen the higher workloads on police department staff
• Approval of special events and parades has been more closely evaluated to prevent staffing obstacles.
• Reduction in special enforcement activities to only those determined as essential.
• Public education to address community expectations of service levels related to non-emergency activities.

COST ANALYSIS:

There is no cost impact from the recommended action.

ENVIRONMENTAL REVIEW:

ALTERNATIVES:

The following alternatives are presented for Council consideration:

1. Receive information and take no action;

2. Provide direction regarding reduction of special events and special enforcement activities;

3. Provide direction regarding recruitment and retention efforts; or

4. Provide other direction to staff.

King City City CouncilApril 14, 2026

King City City Council
April 14, 2026