Livingston City Council
December 17, 2024

1 CITY COUNCIL REGULAR MEETING AGENDA
DECEMBER 17, 2024
7:00 P.M.

WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC

PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Regular Meeting on December 17, 2024, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.

Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter.

You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).

CALL TO ORDER Next Resolution No.: 2024-80
Next Ordinance No.: 658
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

2 Roll Call.

Closed Session Announcement.

Changes to the Agenda.

CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

Robert Wallis
• City Council Alternate Liaison - Livingston Planning Commission – Robert Wallis • Merced Integrated Regional Water Management Plan (MIRWMA) – Robert Wallis, Representative and Jason Roth, Alternate Representative.

Jason Roth
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Jason Roth, Representative and Gurpal Samra, Alternative.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Robert Wallis, Representative and Jason Roth, Alternate Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Jason Roth.

Maria Soto
• Merced County Local Agency Formation Commission (LAFCO) – Maria Soto, Representative. • Central Valley Division League of California Cities – Maria Soto, Representative and Vacant, Alternate.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.

3 • Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Jason Roth, Representative and Gurpal Samra, Alternative.
• Merced County Association of Governments (MCAG) Governing Board – Jose Moran, Representative and Gurpal Samra, Alternate.
• Utility Stakeholders Committee – Jose Moran and Gurpal Samra.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board – Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Jason Roth.
• Utility Stakeholders Committee – Jose Moran and Gurpal Samra.

AWARDS, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Mayor Moran: Service Recognition of Councilmember Maria Soto.

2. Presentation by Mayor Moran: Service Recognition of Councilmember Robert Wallis.

3. Presentation by Mayor Moran: Service Recognition of Former Councilmember Jatinder Mann.

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member.

There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda.

4. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated November 27, 2024.

5. City Treasurer’s Investment Report for the Month Ending October 31, 2024.

6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on November 19, 2024.

7. Consideration of a Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in January Due to the New Year’s Holiday. Staff Recommendation: Approve Resolution.

8. Consideration of a Resolution Authorizing the Interim City Manager to Execute a Purchase Order with Aqua Metric, in an Amount Not to Exceed $35,000 for Fiscal Year 2024/2025 and $35,000 Per Year for Fiscal Year 2025/2026 and Fiscal Year 2026/2027. The Total Amount is Not to Exceed $105,000 for the Purchases of Water Meters, Meter Transceiver Units (MXUS), Meter Registers, Etc.

Staff Recommendation: Approve Resolution.

9. Amendment No. 2 to the Local Early Action Planning (LEAP) Grant Program Contract No. 15259 to

4 Apply Grant Funding on City Incurred Costs Associated with Preparation of the City’s 6th Cycle Housing Element Update. (Information Only).

10. Consideration of a Resolution Approving the Purchase of One (1) New Portable Message Board From TAPCO in the Amount of $21,716.31 and Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.

11. Consideration of a Resolution Awarding a Contract to Gouveia Engineering, Inc. and Authorizing the Interim City Manager to Execute the Agreement for On-Call Engineering Services for Federally Funded Transportation Projects for the City of Livingston Not to Exceed an Amount of $878,600 for a five (5) Year Contract. Staff Recommendation: Approve Resolution.

12. Consideration of a Resolution Approving a Four (4) Year Professional Service Agreement with Mike Reavill for Streaming Services for the City Council Meetings in an Amount Not to Exceed $64,000 and Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.

13. Authorize City Staff to Proceed with Relocating Well No. 18 to Lucero Park, Proceed with Preparation of Plans, Specifications, and Contract Documents for Constructing Test Well No. 18, and Soliciting Construction Bids.

INVOCATION

14. Livingston Police Chaplain Mike Outten.

CONFIRMATION OF THE RESULTS OF THE CANVASS OF THE MUNICIPAL ELECTION

15. Consideration of a Resolution of the City Council of the City of Livingston Confirming the Canvass by the Merced County Registrar of Voters and Declaring the Results of November 5, 2024, General Municipal Election. Staff Recommendation: Approve Resolution.

OATHS OF OFFICE

16. City Clerk will administer the Oath of Office to Mayor-Elect.

17. Mayor will administer the Oath of Office to Council Members-Elect

DISCUSSION AND POTENTIAL ACTION ITEMS

18. Consideration of a Resolution Appointing Arturo Sicarios, the Recipient of the Third (3rd) Highest Election Vote Total for the Open City Council Positions as Certified by the Merced County Registrar of Voters, to Fill the Vacant City Council Seat Created by the Resignation of Councilmember Elect Rodrigo Espinosa.

CITY COUNCIL REORGANIZATION

19. Nomination and Election of Mayor Pro-Tempore.

5 CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

1. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Christopher Lopez, Interim City Manager Employee Organizations:

OE3- Police Supervisory Employees Association.

OE3- Livingston Police Officer Association

2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d):

Two (2) matter.

3. Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9: One (1) Case, Claim #4A2311H2J24-0001.

4. Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9: One (1) Case, Merced County.

5. Conference with Legal Counsel – Pending Litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9: Jose Ramirez v. City of Livingston, et al., Case No. 22CV0082.

PUBLIC HEARING

20. Waive First Reading of the Ordinance by Title Only and Approve Ordinance of the City of Council of the City of Livingston Amending Title 4, Chapter 2, Section 10 of the Livingston the Municipal Code Regarding Freeway Oriented Signs. Staff Recommendation: Waive First Reading, open and close Public Comment, and approve Ordinance by title only.

DISCUSSION AND POTENTIAL ACTION ITEMS

21. City’s Water Capacity Update.

6 22. Consideration of a Resolution Authorizing the Mayor or the City Manager to Execute Agreements with the California Department of Tax and Fees Administration for the Implementation of a Local Transactions and Use Tax and Resolution Authorizing Examination of Sales or Transactions and Use Tax Records. Staff Recommendation: Approve Resolutions.

23. Discussion and Direction Regarding the Amount of Food Trucks Allowed in the City.

24. Discussion and Consideration of Appointment of City Treasurer.

25. Consideration of a Resolution Approving an Administrative Fee for Processing Itinerant Vendor Applications within the City of Livingston. Staff Recommendation: Approve Resolution.

ADJOURNMENT

AGENDA ITEM:

MEETING DATE:

PREPARED BY: REVIEWED BY:

STAFF REPORT
Warrant Register November 27, 2024
December 17, 2024
Nancy Fuentes, Accounting Technician
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Ratify the warrant register dated November 27, 2024
DISCUSSION:

Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.

In addition, Government Code section 37208(a) provides that payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. The sum total of any payroll checks issued within the week prior to the date of the check register is also noted on the accompanying check register.

The following checks have been certified to be in accordance with the City's approved budget.

The checks have been issued and the check register is presented to the City Council for ratification:

October 26, 2024- November 27, 2024
GENERAL WARRANTS ....... .................. $
PAYROLL/WIRE WARRANTS ................. $
ACH WARRANTS ................................. $
TOTAL WARRANTS .............................. $
ATTACHMENTS:

Warrant Register (detailed by date and check number)
1,107,976.40 12310-12506
503,323.19
25,974.26
1,637,273.85
3437-3460

Accounts Payable
Checks by Date - Summary by Check Date
User: nfuentcs
Printed: 12/ 12/2024 11: 18 AM
Check No Vendor No Vendor Name
12310 251 ABS Direct. Inc,
12311 1238 Alert-All Corp.
12312 1309 Aleshire & Wynder LU'
12313 250 Alhambra 12314 529 American Legal Puhli~hmg 12315 136 I lcctor Becerra 12316 1628 Mariela G , Brullene
12317 320 California Building Standards Commis.~ion
12318 272 Charter Communications I lolding_.-.. Ll,C
12319 291 City of Livingston c/o I. &L District I rrigati 12320 1239 Clark Pest Control of Stockton, Inc.
12321 321 Department of Conservation Di\•i$ion of Ad
12322 319 Division ofThc State Architect
12323 260 First Communication~. l,LC
12324 188 Frontier 12325 1603 Melanie Garcia 12326 262 Gilton Solid Waste 12327 505 Govlnvcst. Inc.
12328 425 I ldL Coren & Cone
12329 267 I loffman Security
12330 1630 Jannet lnigue,. 12331 570 Jocelyn E. Roland. Ph.D .. ABl'P 12332 461 LEAF 12333 278 Merced Irrigation District 12334 389 Mid Valley IT 12335 180 Mission l,inen Service 12336 2 Angelita Moran
12337 199 Northstar (.'hemical 12338 1629 Maria Perez
12339 203 PG&E 12340 514 Quadient Leasing USA. Inc.
12341 1627 David M. Rivera
12342 579 San Joaquin Valley Air Pollution Control D
12343 307 ShrcJ.It. C/0 Stcricyclc. Inc.
12344 1604 Gagandcep Singh
12345 1323 Cedronio ~olorin 12346 323 Springbrook Holding Company LLC 12347 310 Totlcom. Inc.
12348 284 Trans Union LLC
12349 1631 Tripcpi. Smith & Associates. Inc. 12350 1204 Valley Sanitation & Rentals LLC 12351 504 VIP Audio Vi:mal Company. Inc
12352 296 Visual Edge IT. Inc
12353 409 Willdan Financia I Service~
12354 597 Work Wellness
12355 286 Xerox Financial Services
12356 279 LAFCO of Merced County
APChccb hy Dace - Summary hy Check Dace ( 12/12120;!.4 11 18 AM) Check Date
11/13/2024 11/13/2024
11/13/2024 11/13/2024 11/13/2024 11/13/2024 11/13/2024 11/13/2024 I 1/13/2024
11/13/2024 11/13/2024
I I/IJ/2024
11/13/2024 11/13/2024 11/13/2024 11/13/2024 11/13/2024 11/13/2024 11/13/2024
11 / 13/2024 11 / 13/2024
11 /13/2024
11/1 3/2024
11 /13/2024
11/1 3/2024
11 /13/2024 11/ 13/2024
11/1 3/2024
II/IJ/2024
11/13/2024
11/ 13/2024
11/1 3/2024
11/13/2024
11 / 13/2024 11 / 13/2024
11 / 13/2024 11 /13/2024
11/13/2024
11 /13/2024
11/13/2024
11/ 13/2024 11/ 13/2024 11/ 13/2024 11/ 13/2024 11/ 13/2024 11/13/2024
11/ 13/2024
City of Livingston
1416 C Street
Livingston, CA 95334
Check Amount
125 82

2.056,95

35.588,23
295,66
907,50
22710
150,00
909,00
124 98
87 36
163 00

6.321 87
124 80
17 04

2.939 94
864 00

2.137.05

7.985.00

1.549.50
193.95
150.00
500.00
741.60

65.026.36

11.323.38
275.22
37800

5.275 27
15000

67.51726
976 55
20000
80,00
258.42
624,00
100,00

2.250,00
427,71
200,88

5.94625

6.233.50

4.000.00

81.21 50000
582 00
82 77
360.00
Page I

Check No Vendor No Vendor Name Check Date Check Amount
Total for 11/13/2024: 237.009.13
12357 395 Administrative Solution. Inc. 11/19/2024 105 00 12358 434 AFSCMI~ District Council 57 11/19/2024 1.626.24 12359 3% American Fidelity Assurance 11/1912024 3.151.72 12360 397 American Fidelity Assurance Company 11/19/2024 1.103.32 12361 393 California State Disbursement IJnit 11/19/2024 1,803 66 12362 612 Livingston Peace Officers Association 11/19/2024 3,294 00 12363 437 Operating Engineers l,ocal 3 11/19/2024 47700 12364 438 Operating l~nginccrs Local Union No.3 11/19/2024 69000 12365 1284 State of California 11/19/2024 195 24
12366 564 Texas 1,ife Insurance 11/19/2024 275 28 12367 608 Vision Service Plan• CA 11/1 9/2024 1.948.32 'Jotal for II fl 9/2024: 14,669.78
12368 1632 AMTEC LESS LETI IAI. SYSTl~MS. INC. 11/20/2024 502,95 12369 446 Belkorp Ag. LLC 11/20/2024 113.15 12370 193 BSK As.~octatcs 11/20/2024 1,269.60 12371 1635 Raul Castrejon 11/20/2024 60.00
12372 272 Charter Communications I loldings. LI .C 11/20/2024 221.39 12373 291 City of Livingston do l, &1, District lrrigali 11/20/2024 12,819.64 12374 1308 CSG Consultants. Inc. 11/2012024 12,769 50
12375 1512 Deere & Company 11/20/2024 48.941 32
12376 448 l:mpirc Insignias 11/20/2024 151 00
12377 455 fancst Packaging Solutions. 11/20/2024 1,531 07 12378 163 EZ Auto Supply 11/20/2024 52 71 12379 188 Frnl'l'l icr 11/20/2024 1.342 34 12380 1135 Nancy 1:ucntcs 11 /20/2024 88 00 12381 1633 Briceida Garcia 1/20/2024 248.52 12382 164 Garza Tire & Wheel. Inc 1/20/2024 1,034.63 12383 262 Gilton Solid Waste 1120/2024 186.455 17
12384 356 Gouveia Engmccring. Inc. 1/20/2024 38.456.48
12385 813 Government I.casing and Finance. Inc. 1/20/2024 238.044.16 12386 811 Pete llulse. DVM. Pa llilmar Animal Jlospi 1/20/2024 749,00 12387 267 Hoffman Security 1/20/2024 36,95 12388 501 1111111 & Sons. LLC 1120/2024 5,430,25 12389 786 J.B. Anderson Land llsc Planning 1120/2024 19,710.00 12390 686 .I.IC Security System Solutions 1/20/2024 228,45 12391 1130 Kellogg Supply 1/20/2024 107.34 12392 318 La Rue Communication$ 1/20/2024 1.941 00 12393 1634 Jorge 1,ara 1/20/2024 34 65 12394 1114 Livingston Police Foundation 11/20/2024 1.000 00 12395 1373 Vanessa Maldonado 11 /20/2024 150 00 12396 615 McClatchy Company LLC 11 /20/2024 1,694 72 12397 362 Merced County Animal Control 11 /20/2024 2,390 00 12398 170 Minticrllamish Planning Consulants 11/20/2024 6,428 75 12399 11m Mission l,inen Service 11/20/2024 185 57 12400 270 Modern Air Mechanical 11/20/2024 463.00
12401 1576 Next Leve l Parts. Inc 11/20/2024 38 97
12402 199 Northstar Chemical 11/20/2024 956.56
12403 1640 Tukicia Nutt 11/20/2024 100.00
12404 302 Office Depot. lnc./ODP Business Solutions. 11/20/2024 749.40 12405 1636 Adriana Orozco 11120/2024 150.00
12406 203 PG&E 11/20/2024 124.55
12407 1437 Precision Emprisc LLC 11/20/2024 5,684.80
AP Checks by Dale - Summary hy Check l>alc (1 2/12/2024 11 IR AM) Page 2

Check No Vendor No Vendor Name Check Date Check Amount
12408 605 RaZ?ari Auto Centers 11/20/2024 1.071.85 12409 265 Resourceability 11/20/2024 1.072,35 12410 201! Saen7 Pest Control. Inc, 11/20/2024 129,00
12411 1330 James D Sander.; 11/20/2024 400.00
12412 439 Sharpcnin!! Shop 11/20/2024 1.418.53
12413 1095 Supreme Shield Corp, I 1/20/2024 5.359.00
12414 1638 Desiree lapin 11/20/2024 150.00
12415 1268 Tolally Delicious Catering 11/20/2024 1,645 00 12416 1637 Elizabeth Trujillo 11/20/2024 15000
12417 1150 Valley 29 Electric. I.LC 11/20/2024 50000
12418 314 Valley Coffee & Water 11/20/2024 57 20 12419 210 WGR Southwest. Inc. 11/20/2024 4.920 00 12420 1639 Alva Zamora I 1/20/2024 15000
·1 otal for I I 12012024: 609.478 52
12421 lJB*02094 AAA TRUCK WASI I 11/27/2024 706.76
12422 251 ABS Direct. Inc. 11/27/2024 2.089 02
12423 1645 Juana A lcawr 11/27/2024 150.00
12424 250 Alhambra 11/27/2024 626.40
12425 252 Allways Towing 11/27/2024 200.00 12426 253 AT&T 11/27/2024 237.52 12427 282 AT&T Mobility 11/27/2024 2.048.44 12428 162 Steve Bassi 11/27/2024 25,00 12429 D81 Brink's Incorporated 11/27/2024 738 80
12430 1524 Broken Drum Insulation Visalia. Inc, 11/27/2024 1.499 00 12431 193 BSK Associates 11/27/2024 5.282 40 12432 909 Canon Financial Service.~. Inc, 11/27/2024 663 78 12433 1287 CED Merced I 1/27/2024 211 96
12434 272 Charter Communications I lnklirigs. LLC 11/27/2024 265 16 12435 1239 Clark Pest Control of Stockton. Inc. 11/27/2024 255 00 12436 283 CorcLogic Solutions. LLC 11/27/2024 20000
12437 1)71 Fermin Covarrubia:; 11/27/2024 15000
124311 1308 CSG Consultants. Inc. 11/27/2024 20.048.11
12439 787 Cuslom Weed Control Inc. 11/27/2024 40000 12440 UB*02097 .IETZAEL VILLALOBOS SOTO DARIN/\ 11/27/2024 111 J7 12441 293 Department of Justice Accounting Office I 1/27/2024 307.00 12442 163 EZ Auto Supply I 1/27/2024 6.94
12443 1644 Kelsie Fcamside 11/27/2024 150.00
12444 1410 FFP Fund VII TEI Partnership I. LLC 11/27/2024 5.896.82 12445 260 First Communications. LLC 11/27/2024 16.54
12446 11 5 1 Jose Flore:. 11/27/2024 25.00 12447 1118 Frontier I 1/27/2024 1.134.88 12448 387 Frontier Communications Corp Frontier Co I 1/27/2024 152.81 12449 U8*02091 KAROLINA GARCIA 11/27/2024 95.72 12450 1603 Melanie Garcia 11/27/2024 675.00 12451 356 Gouveia Engineering. Inc. 11/27/2024 54.956.57 12452 lJB*0209:l IIENSl.l:Y'S PAVING & GENERAL EN(,. 11/27/2024 541.81 12453 lJB*02095 HENSLEY'S PAVING & (iENERAL EN(i. 11/27/2024 305.57 12454 lJB•02090 LAURA HERD I 1/27/2024 569.24
12455 26(; llilmar l,umhcr 11/27/2024 135.45 12456 358 llilmar Ready Mix Rockery Nur.;cry. LLC 11/27/2024 348.03 12457 501 Hunt & Snns. LLC 11/27/2024 4.696.91 12458 388 Interstate Battery Syslcm or Fresno 11/27/2024 844.79 12459 520 Interstate Truck Center 11/27/2024 37.04 12460 1551 Mohinder Kanda 11/27/2024 25 00
12461 lJB*02092 KtJLIINDER KAUR I tn 7/2024 33150
AP Checks l>y Date - Summary hy Check Dale ( 12'12/2024 11 18 AM) Page 3

Check No Vendor No Vendor Name Check Date Check Amount
12462 1130 Kellogg Supply 11 /27/2024 26.60
12463 2611 Language Linc Services. Inc. 11 /27/2024 362,84 12464 1634 Jorge Lara 11/27/2024 34,65 12465 1643 Rafaela C. Lara 11/27/2024 360.00 124<,6 1170 Martin Marietta Materials. Inc, 11/27/2024 1.986.40 12467 278 Merced Irrigation District 11/27/2024 64.889 82 12468 389 Mid Valley IT 11/27/2024 5.221 29 12469 180 Mission Linen Service 11/27/2024 92401 12470 194 Modc,~to Welding Products 11/27/2024 2400
12471 1646 Stephanie Molina-Ramirc7. 11/27/2024 15000
12472 2 Angelita Moran 11/27/2024 43200
12473 459 Municipal Maintenance I~quipmcnt 11/27/2024 449 93 l2474 199 Northstar Chemical 11/27/2024 6.296 41
12475 949 Nova llcating and /\ir Conditioning 11 /27/2024 485 00 12476 302 Office Depot. Inc.JODI' Business Solutions, 11 /27/2024 1.686 79 12477 1147 P/\C Machine Company. INC. 11 /27/2024 654 95 124711 203 PG&E 11 /27/2024 7.t4
12479 1549 Power Services. Inc. 1/27/2024 3.925 00
12480 430 Quadicnt Finance \JSA. Inc. 1/27/2024 1.081.88 12481 UB*02096 JUAN MANIJEL QIJHZADA MORl~NO 1/27/2024 189.79 12482 433 Razzari Ford 1/27/2024 580.48
12483 450 S & /\ Manufacturing 1/27/2024 275.45
12484 208 Saenz Pest Control. Inc. 1/27/2024 129.00
12485 499 Safety-Kleen Systems. Inc. 1/27/2024 1.297.54 12486 408 Sapien Family Trust 1/27/2024 1.000.00
12487 739 Self- I lclp Enterprises 1/27/2024 851.54
12488 307 Shred-It. C/0 Stericycle. Inc. 1/27/2024 258.42 124119 1550 Japject Singh 1/27/2024 25.00
12490 989 Jasncil Singh 1/27/2024 25.00
12491 :m Springhrook llolding Company 1,1,C 1/27/2024 2,239.00 12492 309 St. Francis Electric 1/27/2024 6.700.00
12493 875 Taylor l~R Veterinary Emergency Hospital 1/27/2024 442.70 12494 530 lblstar lnslrumcnts 1/27/2024 1.980.00
12495 692 Tesco Controls. Inc, 1/27/2024 25.937.85
12496 2114 Trans Union Ll,C 1/27/2024 175.65 12497 1552 Turbo Data System. Inc. 1/27/2024 573 24 12498 313 U.S . Bank Eq11ipmcnt Finance 1/27/2024 44900 12499 625 United Rentals 1/27/2024 40940
12500 366 lJSARlucBook 1/27/2024 142 80 12501 314 Valley Coffee & Water 11/27/2024 64 50 12502 367 Verizon Wireless 11/27/2024 1.792 11 12503 296 Visual Edge IT. Inc 11/27/2024 1.953 91 12504 81R Renee Wa ite-Mendonca 11/27/2024 25 00 12505 446 Bclkorp Ag. LLC 11/27/2024 905 54 12506 323 Springbrook Holding Company LLC 11/27/2024 2.236 00 Total for 11/27/2024: 246.818 97
Report Total (197 checks): 1, 107,976.40
AP Checks by Date • Summary by Check Date (12/12/2024 11 ·Ill AM) Pagc 4

Clearing House
Electronic AP Proof List
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Pnnted:

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Source
APS 016-11·2024
Records Printed;
nfuentes
11/19/2024 • 9:45AM
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00002 11 2024
Vendor
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CH-Electronic AP Proof List (I 1/ 19/2024 • 9:45 AM)
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City of Livingston
1416 C Street
Livingston, 0.. 95334
Account Number Amount
25,974.26
25,974.26
P~ I

ELECTED OFFICIAL'S REPORT
AGENDA ITEM: Treasurer's Report October 2024
REPORT DATE: Nov 25, 2024
MEETING DATE: Dec. 17, 2024
PREPARED BY: Katherine Schell Rodriguez - Elected City Treasurer RECOMMENDATION:

Receive and File Treasurer's Report for the month ending October 31, 2024.

BACKGROUND:

The Treasurer's Report is required to be presented to the governing body.

DISCUSSION:

Total Cash and City Investments including cash in the bank, and cash in the Local Agency Investment Fund is $43,237,230.26 and represents a 0.12% decrease from the previous month.

The attached Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all our accounts per Bank Statements.

FISCAL IMPACT: None.

ATTACHMENTS:

October 2024, Treasurer's Report with signature

TREASURER'S REPORT
Bank Statement Period Ending
Report Date
Meeting Date
Oct 31, 2024
Nov 25, 2024
Dec 17, 2024
The following cash and investment information pertains to the period ending per Bank Statements Average
Institution Acct#
State of California LAIF (Local Agency
xx-xx-463 Investment Fund)
Non Interest Bearing Items
Farmers & Merchants Bank xxxxxx5801 Farmers & Merchants Bank xxxxxx6601 Farmers & Merchants Bank xxxxxx8201 Subtotal F&M Bank
Total Cash & Investments
Notes
Investment
Type
Pooled
Operating Account
Payroll Account
Web Payments Account
Monthly
Yeild %

4.S18%

N/A N/A
N/A
Subtotal
Totals
Balance

OCTOBER
40,933,79S.52
1,973,850.00
4,352.77
325,231.97
2,303,434.74
43,237,230.26
1) There are currently no Investments, In an Institution, with a Maturity Date, and/or a Maturity Date of 12 Months or More. The City's Portfolio consists of Non Interest Bearing Items in F&M Bank, and funds deposited with the State Local Investment Agency {LAIF) • 2) Percentage Yield Rate from the LAIF Website "PMIA Average Monthly Yield" 3) The Average Daily Balance in F & M Bank for the month was $2,463,490.19 per statements Prepared By:

Katherine Schell-Rodriguez City Treasurer

MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
NOVEMBER 19, 2024
A Special and Regular Meeting of the Livingston City Council was held on November 19, 2024, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:01 p.m.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Maria Baptista-Soto
Council Member Jason Roth
Council Member Robert Wallis

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

CLOSED SESSION
Mayor Moran opened the meeting for public comments at 6:04 p.m.

Citizen Comments:

Julio Valadez
Mayor Moran closed citizen comments at 6:07 p.m., and the Council went into Closed Session immediately thereafter to discuss the following matters:

1:8]
1:8]
1:8]
1:8]
1:8]

6. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Christopher Lopez, Interim City Manager Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees Association.

OE3 - Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer Association
AFSCME- Public Works and Park Unit

7. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d):
one (1) matter.

8. Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9: One (1) Case

9. Threats to Public Services or Facilities (Pursuant to Government Code Section 54957(a).) Consultation with: City Attorney and/or City Manager.

REGULAR MEETING
Mayor Moran called the meeting to order at 7:54 p.m.

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Maria Baptista-Soto
Council Member Jason Roth (Absent)
Council Member Robert Wallis

CLOSED SESSION ANNOUNCEMENTS
There was no reportable action taken.

CHANGES TO THE AGENDA
Mayor Pro-Tem Samra requested agenda item 44 be placed before agenda item 41 due to a conflict-ofinterest with items 42 and 43.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:57 p.m.

Citizen Comments:

Angela Welch Lara
Japjeet (did not state last name)
Julio Valadez
Mayor Moran closed Citizen Comments at 8:07 p.m., as there were no further comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports
No Report.

City Staff Announcements and Reports
• Jacquie Benoit, Recreation Superintendent – Christmas Parade Update.

City Manager Announcements and Reports
• Interim City Manager Christopher Lopez
City Council Members’ Announcements and Reports
• Council Member Maria Soto
• Mayor Pro-Tem Samra
Mayor’s Announcements and Reports.

No Report.

Robert Wallis
• City Council Alternate Liaison - Parks, Recreation and Arts Commission – Vacant • Merced Integrated Regional Water Management Plan (MIRWMA) – Vacant, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities – Maria Soto, Representative and Vacant, Alternate.

Jason Roth
• City Council Liaison - Livingston Planning Commission – Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Jason Roth, Representative and Gurpal Samra, Alternative. • Merced Integrated Regional Water Management Plan (MIRWMA) – Vacant, Representative and Jason Roth, Alternate Representative.

Maria Soto
• Merced County Local Agency Formation Commission (LAFCO) – Maria Soto, Representative.
• Central Valley Division League of California Cities – Maria Soto, Representative and Jason Roth, Alternate.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board – Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran. • Utility Stakeholders Committee – Jose Moran and Gurpal Samra.

CONSENT AGENDA

1. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated October 25, 2024.

2. City Treasurer’s Investment Report for the Month Ending August 31, 2024.

3. City Treasurer's Investment Report for the Month Ending September 30, 2024

4. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on January 16, 2024.

5. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 6, 2024.

6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 13, 2024.

7. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 20, 2024.

8. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on February 27, 2024.

9. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 5, 2024.

10. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 19, 2024.

11. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 2, 2024.

12. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 16, 2024.

13. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 7, 2024 (Regular Meeting).

14. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 7, 2024 (Joint Special Meeting).

15. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 21, 2024.

16. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 4, 2024.

17. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 10, 2024.

18. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 18, 2024.

19. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on July 2, 2024.

20. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on July 16, 2024.

21. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on August 6, 2024.

22. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on August 20, 2024.

23. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on September 3, 2024.

24. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on September 11, 2024.

25. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on September 17, 2024.

26. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on September 24, 2024.

27. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on October 1, 2024.

28. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on October 15, 2024.

29. Consideration of a Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in December due to the Thanksgiving Holiday. Staff Recommendation:

Approve Resolution.

30. Consideration of a Resolution (1) Approving a One (1) Year Professional Service Agreement with WGR Southwest, Inc. for FY 2024/2025 to Assist the City of Livingston with its Storm Water Compliance Program and Plan Review Services in the Amount Not to Exceed $51,762.0 and Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.

31. Consideration of a Resolution (1) Approving a One (1) Year Professional Service Agreement with Holt of California to Perform Annual Level Two (2) PM Service, in the Amount not to Exceed $33,402.49, (2) Authorizing the Finance Department to Make Appropriation Budget Adjustments, and (3) Authorizing the Interim City Manager to Execute all Required Documents.

Staff Recommendation: Approve Resolution.

32. Consideration of a Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement Between California Consulting, Inc., and the City of Livingston. Staff Recommendation: Approve Resolution.

33. Consideration of a Resolution (1) Accepting the Proposal from Calgon Carbon Corporation for the Replacement of Granulated Activated Carbon (GAC) Media in the Amount of $53,200 for Well No. 8 and $156,840 for Well No. 16, (2) Making Findings Supporting that the Procurement for these materials and Services is Exempt from Competitive Bidding Requirements, and (3) Authorizing the Interim City Manager to Execute a Purchase Order(s). Staff Recommendation:

Approve Resolution.

34. Consideration of a Resolution Approving a Subscription Agreement for Agenda Management Software from eScribe Software Ltd in an amount not to Exceed $72,508 and Authorize the Interim City Manager to Execute all Required Documents Subject to Approval from the City Attorney. Staff Recommendation: Approve Resolution.

35. Consideration of a Resolution Ratifying the Memorandum of Understanding Between the City of Livingston and the Management and Confidential Employees Association for the Period of July 1, 2024 through June 30, 2025 and Adopting a Revised Mastery Salary Schedule. Staff Recommendation: Approve Resolution.

36. Consideration of a Resolution ratifying the Memorandum of Understanding Between the City of Livingston and the Livingston Clerical Employees Association (CEA) for the Period of July 1, 2024 through June 30, 2025 and Adopting a Revised Mastery Salary Schedule. Staff Recommendation: Approve Resolution.

37. Consideration of a Resolution Ratifying the Memorandum of Understanding between the City of Livingston and the Public Works and Parks Employees Unit for the Period of July 1, 2024 through June 30, 2025 and Adopting a Revised Mastery Salary Schedule. Staff Recommendation: Approve Resolution.

38. Consideration of a Resolution Authorizing the Interim City Manager to Execute an Agreement for Stop Gap Fire Protection Services with Merced County up to a Maximum Two- Year Term and a Not to Exceed Amount of $1,537,500 Subject to Approval of a Final Agreement by the City. Staff Recommendation: Approve Resolution.

Mayor Moran opened public comments at 8:27 p.m. and closed at 8:28 p.m. as there were no comments from the public.

Motion: M/S Samra/Soto to approve the consent agenda. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members: Soto, Samra, Wallis, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth

PUBLIC HEARING

39. Resolution to Confirm the Closeout of the City’s Community Development Block Grants (CDBG) 20-CDBG-CV2-3-00006 and 20-CDBG-CV2-3-00034. Staff Recommendation:

Approve Resolution.

Acting Finance Director Happy Bains introduced this item.

City Attorney Roy Santos added additional information.

Mayor Moran opened the public hearing at 8:33 p.m. and closed the public hearing at 8:34 p.m. as there were no comments from the public.

Motion: M/S Samra/Wallis to approve Resolution No. 2024-77 to Confirm the Closeout of the City’s Community Development Block Grants (CDBG) 20-CDBG-CV2-3-00006 and 20-CDBGCV2-3-00034. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members: Soto, Samra, Wallis, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth

DISCUSSION AND POTENTIAL ACTION ITEMS

40. Consideration of a Resolution to Appoint Jasneil Singh to the Planning Commission as a Regular Member of the Planning Commission and Resolution to appoint Diego Castillo to the Planning Commission as an Alternate Member. Staff Recommendation: Approve Resolutions.

Contract City Planner Miguel Galvez introduced this item and responded to Council questions.

Mayor Moran opened and closed public comments at 8:38 p.m. as there were no comments from the public.

Motion: M/S Wallis/Samra to approve Resolution No. 2024-78 to Appoint Jasneil Singh to the Planning Commission as a Regular Member of the Planning Commission and approve Resolution No. 2024-79 to appoint Diego Castillo to the Planning Commission as an Alternate Member. The motion carried 3-0-1 by the following roll call vote:

AYES: Council Members: Samra, Wallis, and Moran
NOES: Council Members: Soto
ABSENT: Council Members: Roth

41. Consideration of a Resolution Authorizing Repayment of the State of California Senate Bill (SB) 2 Planning Grants Program Contract No. 19-PGP 13591 Grant Back to the State of California, Department of Housing and Community Development. Staff Recommendation: Approve Resolution.

Contract City Planner Miguel Galvez introduced this item and responded to Council questions.

Mayor Moran opened public comments at 8:51 p.m.

Public Comments:

Japjeet (did not state last name)

City Attorney Roy Santos responded to public comments.

Mayor Moran closed public comments at 8:53 p.m. as there were no further comments from the public.

Motion: M/S Samra/Soto to approve Resolution No. 2024-80, Authorizing Repayment of the State of California Senate Bill (SB) 2 Planning Grants Program Contract No. 19-PGP 13591 Grant Back to the State of California, Department of Housing and Community Development. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members: Soto, Samra, Wallis, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth

44. Discussion and Direction Regarding Recognition of Lupe and Aurora Garcia.

Interim City Manager Christopher Lopez introduced this item. He noted that the family requested that a picture be added to the plaque.

Public Works Director Anthony Chavarria noted that Public Works has identified a location for the plaque.

Interim City Manager Christopher Lopez noted that staff could do a mockup of the plaque, tree, and location to present to the Council for approval.

Clerk’s Note: The Council agreed to Mr. Lopez’s suggestion.

42. Discussion and Direction Regarding the DWSRF $27 Million Funding Agreement for Emerging Contaminants.

Mayor Pro-Tem Samra recused himself on agenda items 42 and 43 due to a conflict of interest.

He left the Council Chambers at 9:03 p.m. before the items were discussed.

Public Works Director Anthony Chavarria introduced this item, and Interim City Manager Christopher Lopez added additional information.

Mayor Moran opened and closed public comments at 9:12 p.m. as there were no comments from the public.

Motion: M/S Moran/Wallis to accept the State’s reduced emergent contaminant Funding agreement of $27 million to complete the two centralized TCP treatment facilities and direct staff to submit a DWSRF funding application for Well 19 (option 1 of staff report). The motion carried 3-0-1-1 by the following roll call vote:

AYES: Council Members: Soto, Wallis, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth
ABSTAIN: Council Members: Samra

43. Discussion and Direction Regarding Potential Water System Consolidation Between the City of Livingston and Floyd A. Schelby Elementary School.

Public Works Director Anthony Chavarria introduced this item and responded to Council questions.

Juan Cano, Representative from Self-Help responded to Council’s question regarding costs.

Mayor Moran opened public comments at 9:26 p.m.

Public Comments:

Elvira Reyes (via teleconference)
Diego Castillo
Japjeet (did not state last name)
Deputy City Clerk Monica Cisneros reported that she received a public comment by email from Elvira Reyes on October 15, 2024.

Juan Cano, Representative for Self-Help and City Attorney Roy Santos responded to public comments.

Mayor Moran closed public comments at 9:37 p.m. as there were no further comments from the public.

Motion: M/S Wallis/Moran to direct staff to enter into discussions with Shelby School and SelfHelp Enterprises to obtain additional details on what a consolidation agreement would entail.

There would be costs associated with the discussions to review documents and staff time to attend meetings (option 1 of PowerPoint Presentation). The motion carried 3-0-1-1 by the following roll call vote:

AYES: Council Members: Soto, Wallis, and Moran
NOES: Council Members: None
ABSENT: Council Members: Roth
ABSTAIN: Council Members: Samra

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:44 p.m. __________________________________
City Clerk of the City of Livingston
APPROVED:
_____________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally

recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

AGENDA ITEM:

MEETING DATE: PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in January due to the New Year's Holiday
December 17, 2024
Monica Cisneros, Executive Assistant/Deputy City Clerk
Christopher Lopez, Interim City Manager
RECOMMENDATION:

It is respectfully recommended that the City Council of the City of Livingston ("City Council") adopt a resolution approving the cancellation of the first regular scheduled City Council meeting in January due to the New Year's Holiday.

BACKGROUND AND DISCUSSION:

Section 1-5-1 (A) of the City of Livingston Municipal Code establishes that the City Council shall hold its regular meetings on the first and third Tuesday of each month at the hour of 7:00 p.m. If at any time a regular meeting falls on a holiday, the regular meeting shall be held on the next business day.

Currently, there are no scheduled agenda items for the January 7, 2025, City Council Meeting.

If the City Council does not approve the resolution cancelling January 7, 2025, regularly scheduled City Council meeting, the regular meeting will be held, per Livingston Municipal Code section 1-5-1 (A).

FISCAL IMPACT:

No Fiscal Impact.

ATTACHMENTS:

1. Resolution
(CWl30041 I)

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPROVING THE CANCELLATION OF THE FIRST REGULAR SCHEDULED CITY

COUNCIL MEETING IN JANUARY DUE TO THE NEW YEAR'S HOLIDAY WHEREAS Section 1-5-1 (A) of the City of Livingston Municipal Code establishes that the City Council shall hold its regular meetings on the first and third Tuesday of each month at the hour of 7:00 p.m. If at any time a regular meeting falls on a holiday, the regular meeting shall be held on the next business day.

WHEREAS, currently, there are no scheduled agenda items for the January 7, 2025, City Council Meeting.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON HEREBY RESOLVES:

1. The City Council approves the cancellation of the first Regular Scheduled City Council Meeting on January 7, 2025, due to the New Year's holiday.

I hereby certify that the foregoing Resolution No. 2024-_ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 17th day of December 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT: ABSTAIN:

ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
{CW130043.1}
By:-----------

Jose A Moran, Mayor
Of City of Livingston

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Authorizing the Interim City Manager to Execute a Purchase Order with Aqua Metric, in an Amount not to Exceed $35,000 for FY24/25 and $35,000 per year for FY25/26 and FY26/27. The total amount is not to exceed $105,000 for the Purchases of Water Meters, Meter Transceiver Units (MXUs), Meter Registers, Etc.

December17,2024
Anthony Chavarria,
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (1) authorizing the Interim City Manager to execute a Purchase Order with Aqua Metric, in an amount not to exceed $35,000 for FY24/25 and $35,000 per year for FY25/26 and FY26/27. The total amount is not to exceed $105,000 for the purchases of water meters, meter transceiver units (MXUs), meter registers, etc.

BACKGROUND:

Over the years, the City of Livingston has expanded, leading to the establishment of approximately 3,600 water service connections to its residents, businesses, schools, and churches. As the years progress, the challenge of maintaining these connections has become increasingly apparent. With advancements in technology and a growing population, these meters can begin to exhibit signs of wear and inefficiency and may need to be repaired or replaced.

The city's water department noticed a growing trend: water meters, along with their various components like the Metering Transceiver Units (MXUs) and meter registers, were facing a higher rate of retrofit, failure and malfunction. These issues not only affect billing accuracy but also threaten the sustainability of the city's water management resources. To compound the problem, new developments constantly demanded the integration of additional meters. As a result, the city found itself regularly purchasing water meters and their accompanying accessories to keep up with both demand and maintenance needs.

It became apparent that many of the existing meters within the city's system were outdated and required more frequent retrofitting, replacement of old water meters and parts, straining both time and budgetary resources. Recognizing the necessity for change, city staff began exploring solutions to streamline the purchasing process. This initiative, however, would exceed the $10,000 spending authority under the City Manager's Office, necessitating approval from the City Council. In return this will address the technological obsolescence inherent in the current water metering system.

By investing in newer, more reliable technology and implementing a structured procurement strategy, the city aims to ensure that its water service remains efficient and effective for generations to come.

DISCUSSION:

The Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless the formal bidding process is undesirable, impossible, unavailing, or incongruous as determined by the City Manager. Section 1-11-6 waiver of formal bid procedures of the Municipal Code states that formal bid procedure of items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at least four affirmative votes; and/or (C) Available from only one source. Sole source must be adequately justified.

Aqua Metric meets sole source criteria justification due to being the only authorized Sensus water meter distributor in our area that sells Sensus water meters.

FISCAL IMPACT:

Expended from the Water Enterprise Fund (2100-810-7411).

Future year allocations will be budgeted within each fiscal year as part of the budget.

The total cost for the three (3) purchase orders in FY2024/2025, FY2025/2026 and FY2026/2027 will be in the amount not to exceed $105,000.

ATTACHMENTS:

Resolution No. 2024-
Exhibit "A" Aqua Metric Sole Source Letter

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING

THE INTERIM CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH AQUA METRIC, IN AN AMOUNT NOT TO EXCEED $35,000 FOR FY24/25 AND $35,000 PER YEAR FOR FY25/26 AND FY26/27. THE TOTAL AMOUNT IS NOT TO EXCEED $105,000 FOR THE

PURCHASES OF WATER METERS, METER TRANSCEIVER UNITS (MXUS), METER REGISTERS, ETC.

WHEREAS, over the years, the City of Livingston has expanded, leading to the establishment of approximately 3,600 water service connections to its residents, businesses, schools, and churches; and
WHEREAS, as the years progress, the challenge of maintaining these connections has become increasingly apparent and with advancements in technology and a growing population, these meters can begin to exhibit signs of wear and inefficiency and may need to be repaired; and WHEREAS, the city's water department noticed a growing trend: water meters, along with their various components like the Metering Transceiver Units (MXUs) and meter registers, were facing a higher rate of retrofit, failure and malfunction; and WHEREAS, these issues not only affect billing accuracy but also threaten the sustainability of the city's water management resource; and
WHEREAS, the city found itself regularly purchasing water meters and their accompanying accessories to keep up with both demand and maintenance needs; and WHEREAS, it became apparent that many of the existing meters within the city's system were outdated and required more frequent retrofitting, replacement of old water meters and parts, straining both time and budgetary resources; and
WHEREAS, recognizing the necessity for change, city staff began exploring solutions to streamline the purchasing process and this initiative, however, would exceed the $10,000 spending authority under the City Manager's Office, necessitating approval from the City Council; and
WHEREAS, by investing in newer, more reliable technology and implementing a structured procurement strategy, the city aims to ensure that its water service remains efficient and effective for generations to come; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1 . The City Council of the City of Livingston Adopts a Resolution authorizing the Interim City Manager to execute a Purchase Order with Aqua Metric, in an amount not to exceed $35,000 for FY24/25 and $35,000 per year for FY25/26 and FY26/27. The total amount is not to exceed $105,000 for the purchases of water meters, meter transceiver units (MXUs), meter registers, etc.
01424.000111010828. I Page 1 of 2

Section 2. Finds that Aqua Metric meets sole source criteria justification under Municipal Code Section 1-11-6 due to being the only authorized Sensus water meter distributor in our area that sells Sensus water meters.

Section 3. Future year allocations will be budgeted within each fiscal year as part of the budget.

Section 4. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2024-_is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 17th day of December 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT: ABSTAIN:

ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
01424.000II IOI0828 1
By: __________ _

Jose A. Moran, Mayor
of City of Livingston

--
sensus
a xylem brand
August22,2024
Re: Sole Source
To Whom It May Concern:

Sensus, a Xylem brand, recognizes Aqua-Metric Sales Company as the sole Authorized Distributor of Sensus products for the state of California. Purchasing Sensus products from an authorized distributor in your area ensures that your products will be properly supported and warranted. Please contact Aqua-Metric Sales Company for all of your Sensus needs.

We look forward to providing your business with quality water products and service in the near future. Please feel free to contact me if you have any questions.

Sincerely,
Trena Simmons
Partner Success Specialist
Sensus, Xylem Brand
639 Davis Drive
Morrisville, NC 27560 USA
T: 919.538.2098
[email protected]
xylem.com
1 STAFF REPORT
AGENDA ITEM: Amendment No. 2 to the Local Early Action Planning (LEAP) Grant Program Contract No. 15259 to apply grant funding on City incurred Costs associated with preparation of the City’s 6th Cycle Housing Element Update.

MEETING DATE: December 17, 2024
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Christopher Lopez, Interim City Manager
RECOMMENDATION:

No Council action is necessary. This Item is presented as information only.

BACKGROUND AND DISCUSSION:

On June 16, 2020, the City Council adopted Resolution No. 2020-24 to authorize City staff to apply for and receive State of California Local Early Action Planning (LEAP) Grant Program funding. This Program is a part of the State’s efforts to ramp up housing production throughout the State.

The City was awarded a non-competitive LEAP grant award in the amount of $65,000 for planning related activities associated with Livingston Central Commons Specific Plan. To date, the City has not drawn down any of the grant award amount. The State of California Department of Housing and Community Development (HCD) asked if the City will be submitting any Requests for Release of Funds (RRF) to draw down the grant award before the end of the year.

With the lack of progress on the Specific Plan by the applicant (Joseph E Gallo Ranches LLP), the City will not be able to submit expense claims to draw down the grant award. This information was conveyed to HCD staff.

HCD staff suggested that instead of losing the grant award, the City can amend the contract application and apply the grant proceeds on costs associated with preparation of the 6th cycle Housing Element Update. City staff is interested in amending the grant application to reprogram the grant funding for this purpose. To accomplish this, the Grant application needs to be amended and resubmitted to HCD for review and approval.

City Council Resolution No. 2020-34 authorized the City Manager not only to submit the application but also authorized the City Manager to make any amendments thereto.

On June 21, 2024, the City Manager authorized Amendment No. 1 to extend the life of the grant to December 31, 2025. The City planning staff is proposing Amendment No. 2 to reprogram the grant award to apply award funds on costs to update of the City’s Housing Element.

2 FISCAL ANALYSIS:

The City expects to incur approximately $67,500 in City General funds to pay for the update process. Amending the Contract application to reprogram the award funding from the Livingston Central Commons Specific Plan to the 6th Cycle Housing Element Update will allow the City to recover $65,000 of the costs of updating the City’s Housing Element.

Authorize the Finance Department for a supplemental appropriation and to make a necessary budget adjustment. The expense line (1120-108-4310) will be adjusted by $67,500 (there is a $2,500 non-reimbursement included) and the revenue line (1120-000-3954) will be adjusted by $65,000.

ENVIRONMENTAL REVIEW:

The proposed action is exempt from the California Environmental Quality Act (CEQA) Guidelines:

Article 5, Section 15061(b)(3) – Common Sense Exemption, which states that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a foreseeable indirect physical change in the environment. Making an appointment is considered an administrative matter and will not directly result in a change to the Environment.

ATTACHMENTS:

1. City Council Resolution No.2020-34, Authorizing Application for, and receipt of; local Government Panning and Support Grant Program Funds.

2. Proposed Amendment No. 2 to LEAP Grant Contract No. 20-LEAP-15259

Attachment 1
RESOLtrrIONNO, ZOJ0.34
A usoumoN OJ'TIIE CITY C()ONCD, OFTBE CITY 01' LIVINGSTON AUTRORIZING APPUCADON l'OR, AND RECEIPT OJ', LOCAL GOVERNMENT

PLANNING SUPPORT GRANT PROGRAM FUNDS
WIIEUAS, pursuant to Heal1ll and Safety Code SOSlS et. Seq .• the Department ofHousina and C-ommunity Development (Depanment) is IUlhom.ed to issue a No&ico of Funding Availability (NOFA) as part of die Local Oovemment Planning Support Grantl Prog,-am (hcreinaftcr refemd to by tho Department as lhe Local Early Action Plannmg Grants program or LEAP); and WIIEUAS, the City Council of lhe City of Livinpton desira to submit a LEAP grant applica!ion package (" Application"), on Ille forms provided by the Department, for approval of grant fimding for projecu Chat usist in the pn,paration and adoption of planning documents and procea improvmnents 1hat accelerate housing production and ficilato ~plima to Implement the sixth cycle of die regional housing need assessment; and
WDREAS, lhe Department bas issued a NOFA and Application on January 27, 2020, in 1ho UDOIDlt of $1 I 9,040,000 for usislance to all California Jurisdicdons; NOW, TBERUORE. BE 1T RESOLVED the City Council of the City of Livingston iesolvos as follows:

SBCTION l. The City Manager is hereby uthori2led end directed to apply for and submit to 1he Department the Application package;
SECTION 2. In connection wilh tho LEAP grant. if the AppliCllion is iippioved by the Department. die City Manapr of the C.!Jl gfJ i...,,,, il.1M1botilal »umit lbe Appllcation, enllr into, execu1m, and '3e1mr on behalf of die Applicant, a State of California Agreement (Slanclud AateaMllt) for the amount ofl'S,000, and 1111)' and all odler documents niquired or deaned necesmy or appn,prialc to evideDce and SOCU19 die LEAP grant, the Applicant's obligations rellled tbenm, and all amcndmfal11 and SECTION 3. The Applicant shall be subject to the terms and conditions u specified in tho NOP A. and the SCandud Agnement provided by the Department after approval. The Applicant and any and all accompanying documents are .incorporatod in t\JJI as part of the Standard Agreement. Any and all adivities ftmded, information provided, and timelin• ,op~ in the Application will be enforceable duougb the fillly executed Standard Agreement. PI.Usuant to the NOF A and in conjunction with lhe tams of the Standard Agreement, the Applicant hereby agrees to use the funds for cligl"ble uses and allowable expenditures in the manner pN8ClltCd and specifically identified in die approved Applicalion.

I
Passed and adopted this I~ day of June, 2020, by the following vote:

AYES:

NOES:

ABSENT: ABSTAIN:

ATl'EST:

Mayor Samra and Council Members Apilar. Baptida,. Kang. and Garcia None None None
du.fi Samra, Mayor
of die City of Livfnpton
I hereby certify that the foregoing Resolution was qularly introducocl, passed. and adopll,d at a regular meeting of the City Council of1he City of Livingston, this 1'6 day of .June, 2020. ~ 1.t~ = -Silva. City Ciak
of the City of Livinpton

A. Applicant Information and Certiftcatlon
Applicant (Jurisdiction) Applicant's Agency Type
Applicant's Mailing Address
City
State California
City of Livingston
City
1416 C Street
Uving&ton
Zip Code 95334
County Merced
Website City of Livingston
Authorized Representatiw Name JGSe-AAteAio-Ramm Chrtn,plw Lopez Authorized Representative Title Interim City Manager
Phone 209-394-8041 K113 Fax 2()9.394-1751
Email [email protected]
Contact Person Name Randy-Match Miguel Gatvez Contnlct
Contact Person Title City Planns
Phone 209-986-3977 Fax
Email [email protected]
Proposed Grant Amount $ 65.ooo
Attachment 2
Pursuant to Health and Safety Code Section 50515.03 thmugh (d) of the Guidelines, all applicants must meet the following two requirements to be eligible for an awan:J:

1. Does the •ppllcatlon demonstntte a nuus to acceleratlng housing Yes No p,oduatlon • MOWn In Attachment 21

2. Dou the application demonstrate ,,,., the applicant I• cOMlatent with Sfate Planning or Other Priorities Yes [i] No shown In Attachment 3? I• a fully executed ,esolutlon Included with fhe application pacl(age? Yes 00 No DON the address on lhe Govemment Agency Tupa,YW ID Form exactly match Yes No the addrea llated above?
Is the applicant partnering with another eligible locel gotlflfflment entity? If Yes, provide a fuNy executed copy of the legally binding Yes No [!] agreement.

As the official designated by the goveming body, I hereby certify that if approved by HCD for funding through the Local Earty Action Planning Program (LEAP), the ?Y Of LMnptlOn assumes the responsibilities specified in the Notice of Funding AvailabUity and certifies that the information, statements and other contents contained In this application are true and correct.

Signature:_:5i~ ::j·-2- ~ roe; :raiiManlo BlfflrN Christopher Lopez interim City Manager June2',iPPP ---:ntle;
LEAP NOFA Application Rev. 6/112020 Page3 of 14

a. Propoeed Activities Checldlat
Check Ml actwltlN Ille locality Is undetlaklng. Actlwtia must makh -. p,oJ«:t deectlptlon. 1 ~
2 [!]
3 □
4 □
5 □
6 (j]
7 □
8 li]
9 □
10 □
11 □
12 □
13 □
14 D
15 □
18 □
17 D
18 l!]
19 □
Rezoning and encouraging development by updating planning documents and zoning ordinances, such as general plans, community plans. speciflc piana, inplementstion of sustainable communities' strategies. and IOcal coastal programs
Completing environmental clearance to eliminate the need for project-specific review Establishing housing Incentive zones or other area based housing incentives beyond State Density Bonus Law such as a workforce housing opportunity zone pursuant to Miele 10.1 0 (commencing with Section 85620) of Chapter 3 of DMlion 1 of Title 7 of the Government Code or a housing sustainability district pursuant to Chapter 11 (commencing with Section 66200) of Division 1 of Title 7 of the Government Code
Petforming infrastructure planning, including for sewer&, water systems, transit, roads, or other public facilities necessa,y to support new housing and new residents Planning documents to promote Ck9velopment of publicly owned land such as partnering with other local entities to identify and prepare excess or surplus property for residentiat development Revamping local planning processes to speed up housing production Developing or improving an eocessory dwelling unit onllnance in oompliance with Section 85852.2 of the Government Code
Planning documents for a smalet geography (less than JutilKflction-wide) with a significant impact on housing production Including an overlay district, project level specific pJan, or development standerde modificatk>n8 proposed for significant areu of a locality, such u corridors, downtown or priority growth areas
Rezoning to meet requirements pursuant to Government Code Section 65683(c)(1) and other rezoning efforts to comply with housing element requirements, Including G0"8mment Code section 65583.2(c) (AB 1397, Statutes of 2018)
Upzonlng or other implementatk>n measuraa to Intensify land use patt«M ln strategic locationa such • close proximity to tranlit, joba or other amenities Rezoning for munifamlly housing In high resource areas (according to Tax Credit Allocation Committee/Housing community Development Opportunity Area Maps):

Establishing Pre-approved archttectural and site plans
Preparing and adopting housing element& of the general plan that include an implementation component to facilitate compliance with the sixth cycle RHNA Adopting planning documents to coordinate with 1uba1Jocation1 under Regional Early Action Planning Grants {REAP) that accommodate the development of housing and Infrastructure and accelerate housing production in a way that aligns With state planning priorities. housing, transportation equity and climate goals, Including hazard millgatlon or cflmate adaptation Zoning for by-right supportive housing, pursuant to Government Code section 85851 (Chapter 753.

Statutes of 2018)
Zoning incentlvea for houstng for pe,tons with special needs, Including pensons with develOpmental dilabiRtles
Planning documents reJeted to car,ying out a local or regional housing trust fund Environmental haZard assessments; data collection on pennft tracking; feeaibllity studies. site analysla, or other background studies that are ancillary (e.g., less than 15% of the total grant
amount) and part of a propc,eed ac:tMty with a nexus to accelerating houang production Other planning documents or process Improvements that demonstrate an Increase In housing related planning activities and factlitate accelerating housing production Establishing Prohoutlng Pollcln
LEAP NOFA App/icetiOn Rev. 6/112020 Paga4of14

C. Project Description
Provide a description of th~ pro}9ct and each activity using the method outlined below. and f'lnSU19 the narrative speaks to Attachment 1: Project Time/In• and Budget. a. Summary of the Project and its impacl on accelerating production b. Description of the tasks and major sub-taslcs
c. Summary of the plans for adoption or implementation
Please be succinct and use A ·;x A or 8 if more room is needed.

The Gity of.l=ivingsten, in-Merced•County,--seeks-to develop a-speeifte-pklA--for•a-large 35,,ae,e undeveloped-parcel located-if'Hhe eenter of-the-city-faf-fuwre housing. -The-Gity; working-in-,aftnership witft-the-pmperty--owner, Jeseph-Galle; seeks-t&.feeifitate--en-lnfill."urban-viHagei· of mix-ed-tteusmg-types eeflSistent-with-State-of.Galifomia-goals {er, CGGrdiRated-transpettatioA'-8ftd·hokf8ing-investmenta, heuslng-for-all-inoem9ilreups, highef-density-neusing, and housing-that-is-pl&Aned-to-eompliment-afld aeeess-surroliJnding•ameAities•via-mtdlimodal• netwafks-ot eoMectivity:

An-88-2-planAing-grant-was reeentty-awarded to tne--Gity-to-furtner-the-speeific-plan-aetivtties an the site. Ceneurrent to•1h888 aetivitles,an appreximate four.acre-parcel•(within-the-35-acre site) ha&been sold to-VisiE>na,y--Home-Builders-ef-Galifomia for-the development-of-affordable-family housing.There are plar-miAg-activities 1hat-neea-to-oeeur-on the-four.acre-site-in advance-of-the-specific plan activities on-the-remalning-site.=T-his appticalieA-for-REAfl-funding-will-9upport-planfliAg-Qetivities for eoth-the eriginal-speeifio-plan -and ttte-feur-aere-slte.

The-scepe of waf1E.for-thHpeeitio plan-ineludes-a-general plan-emefldment-,-rezone, density and design-guidelines. a-land use-aRd-oireulatioo-element;-and-tha prepa,ation of a GEQA-determination for the entire-site. leading-to futuFe prejeet(s)-streamlining-by efiminating-the-need for-prejeet-Sf;)ecific r-evie-wrthO•SOO,:,e-of-work--wtlf-also-inelude-eemmunlty Outf8adl--8nd•engagemem-ta-help ste&f'uthe appropriate-type&of.AOUSIAg-and-related-ameAities-for-the-site:
lhe-seope-of-werk fer-the-feur-aere-site-iAel~es-amendint the-City¼GeAeral-Pton.Rezone-te-High 9enslly-ResideRtial,and-eempJete enviremnentel-feviow.-The Remne-to High-9eASity-Resideflt~n the-feur-acre-par~I wiU-lnctude-a-text Amendment-to-amend the-Oode-faAQuage-to•rernove-the·Use Permit requirement for-afferdable-multifamUy projeets-oitywlde. T-his Gede-Amendment-will haVe Clty•wide-applleation-and could-be-an example for-other-eities to simplify-and eKpedite-the-appreval at affordabte-epaFtments-and multi-family.units.

The outcome wilt-be-unprecedented and-will provide-fer five to-seven°resldential.!'pad6 or parcels'! available-for-hausing-p,ojeets-,angiAg-ff\-size trem-SG-te-1-00-tmits-eaon. -It is-aAtielpated-that-teast-50 peroem-ef.all-tieusiRg-develope&OA-the-site-wilf.be~ orea~ usehelds eaming-below-88%--ot In oonaboradon wf1h tt,e MlrC8d Co111ty Aaaociation of Go\l8fflffllfd8, .,.City ag,aad to parti0fpall tn 1 • prapartion of a MuHMurtadlcllonal Houfelng Elaffalt. where one oanaultant will prepa,e b 6th cycle:-;:~ .. elamant for each tocal jurfclction in Marald Colllty. The City 1819qU81ting to apply h LEAP Grant - ~ ..; toward._ City's C08t PNPllfng 1hf8 houling poflcy docum8nt.

Pleaeeeee the attac:hed Project Scope, Tfm8ffne and Budget LEAP NOFA Application Rev. 611/2020 Pages of 14

D. Lealllatlve lnfonnation
District
Federal
Congrenlonal
Dfstrfct
State Assembly
District
State Senate
District
13 2-1
27 -1-2
4 14
Legislator Name
Jim-Gesta
John Duarte
Adam-Gr-ay
Esmeralda Soria
ARAa-M-:-Caballere
Alvarado Gil
Ana Caballero
Applicants can find their respective State Senate representatives at https://www.i;enate.c1 QQv{ and their respective State Assembly representatives at https://www.assembly.ca.gov/.

LEAP NOFA A1Jplicatlon Rev. 61112020 Page 6 of 14

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Attachment 2: Appllcatlon Nexua to Accelerating Housing Production Applicants shall demonstrate how the application includes a nexus to accelerating housing production by providing data regarding current baseline conditions and projected outcomes such as a reduction in t;ming, lower development costs, inCtfJased approval cettainty, fncn,ases in number of entitlem&nts, mom feasibility, or increases in capacity. An expected outcome should be provided for each proposed delivereb/e. If neces$8ry, use Appendix 8 to explain the activity and its nexus to accelereting housing production.

Seleet-at leaat one *Baseline .. Pn,jeetcd -Dlffetenc:e Notes TimiAg-(e.g., redueed '120 60 60 text-amendment to
number-of processing etimiAate-Gl:JP-for MF
day&) citywide
Bevelopment cost (e;g.,
land, .fees, finaAGiAg,
ceAstNetieA eests-,er
unit}
Approval eafta1nty-aAd
reduetien-in
discretienar-y-review
(e.g .. pFior-versus
Cropesed-$tandard and evel,of disoretiOA)
EAtittement-streemlining
(e.g., number of
approval&)
Feasibility of development
lnfrastruerure-eapactty
(e.g .. number of units)
Impact-on-musing-supply Q 580 inc,oaao-in houoing
ant:klfferdablftty~e:g., s1:1p~.frem
number of units) I ~AP/QR? n-iort
Entitlement streamlining 1 7 6 Increased sites for
(e.g., number of housing development.
approvals)
• Baallne- Current conditions In the Jurl"lctlon (e.g. 6-month development application review, or exlatlng number ot units In • planning area) "Projected - Expected condJtions In the Jurisdiction IHH:ause of Ille planning grant actions (e.g. 2-month dflvetopment appllcatlon rev~w)
-Dlfferenc•- Potential c~ resulting from the plar,nlng grant actlona (e.g., 4.monlh acceleration In permitting, creating• more expedient deve,opment process) LEAP NOFA Application Rev. 61112020 Page 8 of14

Attachment 3: State and Other Planning Prioritiea Certification (Page 1 of 3) Applicants must demonstrate that the locality is consistent with State Planning or Other Planning Priorities by selecting from the list below activities that are proposed as part of this application or were completed within the last five years. Briefly summarize the activity and insert a date of completion.

Date of
Completion
Promote Infill and Equity
State Planning Priorities
Brief Description of the Action Taken
Rehabilitating, maintaining, and improving existing infrastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land that is presently served by transit, streets, water, sewer. and other essential services, parlicularly in underserved areas.

SfJO/tS PFGYide-Gity-water-li11es-te-an-infill-aree-with~Ad-ut1d~F1:mHed-4and-zoned fGF high-aens•ty-housiAg-that-had-inader;1uate-water. HE to td s1teslorRezofng-and GPA.

Seel< or utilize funding or support strategies to facilitate opportunities for infill development.

Apply f8f.G£>BG.ftlnding-ta-provide Gity-sewer-eolleetkm-system.to-repta~faillng mcJividually-owAed-Gelleelian•pi~s-iA•above-ideAtified-ar-e., Other (describe how this meets subarea objective)
5/1/19 Met-wlth-prepOfty-ow11ers-aoo-developers-to-expfaiA·Gity1'laflS-te-proYide•watGHAd sewer to.facilitete·AeW multi•famHy-hsg-eonstruction in above-noted-target area.

Promote Reaource Protection
Protecting, preserving, and enhancing the state's most valuable natural resources, including working landscapes such as farm, range, and forest lands; natural lands such as wetlands, watersheds, wildlife habitats, and other wildlands; recreation lands such as perks, trails, greenbelts. and other open space; and landscapes with locally unique features and areas identified by the state ss deserving spec/al protection.

Actiw,ly seek a variety of funding opportunllles to promote resource protection ,n underserved communities.

Other (describe how this meets subarea objective)
Encourage Efficient Development Patterns
Ensuring that any infrastructure associated with development. other than infill development, supports new development that does the following:
(1) Uses land efficiently.

LEAP NOFA App/icet;on Rev. 61112020 Page 9 of 14

Attachment 3: State and Other Planning Prioritlea Certification (Page 2 of 3) (2) Is built adjacent to eKisting developed areas to the extent consistent with environmental protection. (3) Is located In an area appropriately planned for growth. 8fd8#9 SJ)eeific-plOMing-aree-tt-''infflt'!..enct-StlffGWlded-by-fliating-jnfftlStrueture-and ame,imes. ( 4) Is served by adequate transportation and other essential utilitkls and serv;ces. 8/30/1-0 Speeifio plannlAg-area--is •iAfiH• and-surrounded by-existiAg-infr-astruature-and ameAlties.
(5) Minimizes ongoing costs to taxpayers.

Other (describe how this meets subarea objecfjveJ1
Other Planning Priorities
AffordablHty and Housing Choices
Incentives and other mechanisms b&yond State Density Bonus Law to encourage housing with affordability terms.
efforts beyond state law to promote accessol}I' dwelling units or other strategies to intensify sing/9- famlly neighborhoods with more housing choices and affordability.

Upzoning or other zoning modifications to promote a variety of housing choices and densities.

The Housing FJement update identifies additional sites for rezoning and upzoning to help the City meet its RHNA.

Utilizing surplus lands to promote affordable housing choices.

Efforts to address infrastructure deficiencies in disadvantaged communities pursuant to Government Code Section 65302.10.

Other (describe how this meets subarea objective)
LEAP NOFA Application Rev. 61112020 Page 10 of 14

Attachment 3: State and Other Planning Priorities Certification (Page 3 of 3) Conaarvatlon of Exlatlng Affordable Housing Stock
Policies, programs or ordinances to conse,ve stock such as an at-risk preservation orr:J/nance, mobilehome parlc overlay zone, condominium conversion ordinance and acquisition and rehabilitation of marl<et rate housing programs.

Policies. programs and ordinances to protect and support tenants such as rent stabilization, antidisplacement strategies, first right of refusal policies, resources to assist tenant organization and education and 1ust cause" eviction policies.

Other (describe how this meets subarea object/Ve)
Climate Adaptation
Building standards. zoning and site planning r&Quirements that address flood sncJ tire safety, climate adaptation and hazard mitigation.

Long.fem, planning that addresses wildfire, land use for disadvantaged communines. and flocd and local hazard mitigation.

Community engagement that provides infom,stion and consultation through a variety of methods such as meetings, worl<shops, and surveys and that focuses on vulnerable populations (e.g., seniors, people with disabilities, homeless, etc.}.

Other (describe how this 11H!18ts subaf98 objective)
Certification: I certify under penalty of perjury that all information contained in this LEAP State Planning and Other Planning Priorities certification form (Attachment 2) Is true and correct.

Certifying Officials Name: Jose_Antonio-8amkez Christopher Lopez, Interim City Manager Certifying Official's Title: City Manager' City of Livingston Certifying Official's Signature: :;'i !=:~::; • ~ ate:- 6/25/20 LEAP NOFA Application Rev. 6/112020 Page 11 of 14

Attachment 1: Project Tlmellne and Budget: (if more ,oom Is needed, duplicate Attachment 1 or add altachment labeled Attachment tA) Task Est. -
- ~~L . ·- Begin End
Project Management and Coordination $ 4,802 . 1/1123 f 613~~4 Commnity Engagement $ 4,377 1 1/1/23 1 6/30/24 ~ -- ~ - +-- - Counywlde Housing Element components $ 3,469 I 1/1/23 : 3/31/24 ·- - --· -· -- ·-y--- -r- - Specific Housing Element Components· $ 20,004 1/1/23 ' 6/30/23 - • - 1 • Draft Housing Element and Review $5,913 5/30/23 : 3131/24 Environmental Complian~- - $8,325 -· 5130/23 T 4/30/24
- - Deliverable N01N
•· I
- - ---
Meetings and communication . ongoin~
Engagement meetings study sessions, workshops, surveys, - - ·- - --- - - - Housng needs/c:ons1rat~ ana1y11s backgoru_~ and fair hou~ing too sites inventory. constraints, needs housing goals, policies and programs - -~ a~min d~. ~~ic. rev~ _ . _ ... ___ H~D ~i~ ___ . .

Initial Study (M)ND - - -- - - - L ,.. r - - ---·•• 'i ------------ --- - - .• Final Documents and Adoption , $ 5,634 411/23 1 8/31124 -·- .. -· - • L MCAG Admln $ 5,000 1/1/23 8/31124
Contract Amendment $10,000 11125/24 4/30/05
~ - -
__ j
I
.....
_;_
Final HE draft
oversight
Response to HCD comments
Public hearings
contract administrator
Consultant ran out of budget
--+ --···--------. - - --···-·
I - ..j
-- - - - - 1
Total Projected Cost$ 67524
lndu de hlgh-ievel tasks, major s~tasks (Drafting, Outreach, Public Hearings and Adoption), budget amounts, begin and end dates and deliverables. If other funding Is used, please note the source and amount In 1he Notes section.

LEAP NOFA Application Rev. 611/'1020 Page7of14

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Approving the Purchase of One (1) New Portable Message Board from TAPCO in the Amount of $21,716.31 and Authorizing the Interim City Manager to Execute all Required Documents
December17,2024
Anthony Chavarria, Director of Public Works
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution approving the purchase of one (1) new portable message board from TAPCO in the amount of $21,716.31 and authorizing the Interim City Manager to execute all required documents.

BACKGROUND:

The Public Works department requires a portable message board to enhance its ability to communicate critical information to the public and improve overall traffic management. With increasing traffic congestion during special city events, and the need for timely updates regarding road conditions, construction projects, and emergency alerts, a portable message board serves as an effective tool to convey real-time information to drivers.

This proactive approach not only increases public safety by alerting drivers to potential hazards or detours but also helps manage traffic flow more efficiently without the need for manual signage. This investment is essential for fostering a safer and more informed driving environment within the community.

DISCUSSION:

City staff intends to use the procurement services from OMNIA to meet the City of Livingston Municipal Code Title 1, Chapter 11 for purchasing. OMNIA is a public agency that offers national, competitively solicited purchasing contracts that meet the California Government Code Section 6502 for cooperative purchasing agreements.

The new portable message board will be purchased through OMNIA's contract with TAPCO. The quote for the portable message board is attached.

FISCAL IMPACT:
$21,716.31 Expended from FY 2024-2025 approved budget from Public Works General Fund (1100-105-7410)
Pagel of2

ATTACHMENTS:

Resolution No. 2024-
Exhibit "A" Cost Proposal from TAPCO for $21,716.31

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE PURCHASE OF ONE (1) NEW PORTABLE MESSAGE BOARD FROM TAPCO IN THE AMOUNT OF $21,716.31 AND AUTHORIZING THE INTERIM CITY MANAGER

TO EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS, the Public Works department requires a portable message board to enhance its ability to communicate critical information to the public and improve overall traffic management; and
WHEREAS, with increasing traffic congestion during special city events, and the need for timely updates regarding road conditions, construction projects, and emergency alerts, a portable message board serves as an effective tool to convey real-time information to drivers; and
WHEREAS, this proactive approach not only increases public safety by alerting drivers to potential hazards or detours but also helps manage traffic flow more efficiently without the need for manual signage; and
WHEREAS, this investment is essential for fostering a safer and more informed driving environment within the community; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. Adopt a Resolution of the City Council of the City of Livingston approving the purchase of one (1) new portable message board from TAPCO in the amount of $21 , 716. 31 .

Section 2. Authorize the Interim City Manager to execute all required documents.

Section 4. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2024-_ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 17111' day of December 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:
01424 0001/910135, I
By: _____ _____ _
Jose A Moran, Mayor
Of City of Livingston

Resolution No.

ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney

:~TAPCO
Safe travels:

Traffic and Parking Control Co., Inc,
5100 West Brown Deer Rd
Brown Deer, WI 53223
Phone No.:800·236·0112 E-Mail: [email protected]

BILL TO
City of Livingston
Mayra Dheri
1416 C St
Livingston, CA 95334-1417
United States of America
Ext. Document No.

Item/Description
122116

SHIPVIA

BEST RATE
Quoted

SHIP TO
City of Livingston
Mayra Dheri
1416 C St

SALES QUOTE

SALES QUOTE DATE
11/20/2024

SALES QUOTE NUMBER
Q24018599
CUSTOMER NO.
(115935
Page:

Livingston, CA 95334-1417
United States of America
TERMS
Net 30 DAYS
U/M
Each

SALESPERSON
German Paniagua
Quantity Unit Price
19,597.50

VAUDUNTIL
12/20/2024
Total Price
19,597.50
Message Board,96"WxSS"H,Mini Matrix,WVTM•B Model. 130W Solar.Amber LEDs,(4) 6VDC 3200-0000 600.00 600.00

FREIGHT SALES
TAPCO OMNIA Partners Contract# 2020-200
All prices are listed in US Dollar (USD)
For terms and conditions, please visit https://tapconet.com/terms-conditions Subtotal:

Invoice Discount:

Total Sales Tax:

Total:
20197.50

0.00 1,518.81
21,716.31

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

APPROVED By:

STAFF REPORT
Resolution Awarding a Contract to Gouveia Engineering, Inc. and Authorizing the Interim City Manager to Execute the Agreement for On-Call Engineering Services for Federally Funded Transportation Projects for the City of Livingston Not to Exceed an Amount of $878,600 for a Five (5) Year Contract.

December 17, 2024 Martha Abeloe, Sr. Administrative Analyst-CD Christopher Lopez, Interim City Manager
RECOMMENDATION:

Resolution Awarding a Contract to Gouveia Engineering, Inc. and Authorizing the Interim City Manager to Execute the Agreement for On•Call Engineering Services for Federally Funded Transportation Projects for the City of Livingston Not to Exceed an Amount of $878,600 for a Five (5) Year Contract.

BACKGROUND AND DISCUSSION:

The City of Livingston is responsible for constructing transportation projects that receive Federal funding from the Federal Highways Administration (FHWA) and are administered through the California Department of Transportation (Caltrans). These funds are provided subject to Federal regulations and to comply, certain services, including Engineering, are contracted out to qualified firms due to the City's limited staff and expertise.

FHWA allows for these types of Engineering services to be offered on an on-call basis for a maximum term of five (5) years. However, local agencies must go through an extensive Caltrans review process to select a firm and award an on-call contract for Architectural and Engineering (A&E) services. The City must conduct a procurement process for A&E services in strict accordance with the Federal regulations. Firms must be both qualified and certified to participate in FHWA contracts.

The City needs a qualified Consultant to continue these FHWA services for ongoing and future transportation projects that are funded strictly with Federal grants.

Following the required A&E procurement process, City staff prepared and issued a request for qualifications for consultants to provide on-call FHWA Engineering Services for an initial term of three (3) years with an option for two additional 1-year terms (5 years total). The City of Livingston the Request for Qualifications advertisement deadline was July 22, 2024, in which two (2) statements of qualifications were received from the following firms:

1. Gouveia Engineering, Inc.

2. Bellecci & Associates

Since the City only received two (2) statements of qualifications, to meet Caltrans requirements when there are less than three (3) proposals received, the City of Livingston reopened and extended the RFQ advertisement the new deadline was on August 9, 2024. There were no new submittals.

Therefore, on October 17, 2024, despite the limited responses, both consultants were reviewed and evaluated. Three (3) members of City Staff evaluated the proposals. They selected Gouveia Engineering Inc. as the most qualified firm to provide these on-call services for the City of Livingston and deemed Bellecci and Associate's proposal incomplete since they did not follow the submittal request. Subsequently, City staff consulted with Caltrans to approve Gouveia's contract.

Following the A&E procurement process and receiving the required Caltrans approvals, City staff recommends the City Council award an on-call contract to Gouveia Engineering as shown on the attached consultant contract.

FISCAL IMPACT:

The On-Call Engineering Services contract fees would be funded by Federal grants awarded for City projects. The amount of $878,600 will expand over a 5-year period of the contract. Grant applications are submitted yearly, the dollar amount will vary each year. The dollar amount will depend on the FHWA grant money the City will receive for the applications submitted each year.

Staff is recommending to the City Council to authorize the Finance Department for a supplemental appropriation and make the necessary budget adjustments as needed.

ATTACHMENTS:

1. Resolution No. 2024•_

2. Professional Service Agreement-Gouveia

3. Gouveia Engineering Proposal Fees dated 11/20/2024

Attachment 1
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AWARDING A CONTRACT TO GOUVEIA ENGINEERING, INC. AND AUTHORIZING THE INTERIM CITY

MANAGER TO EXECUTE THE AGREEMENT FOR ON-CALL ENGINEERING SERVICES

FOR FEDERALLY FUNDED TRANSPORTATION PROJECTS FOR THE CITY OF LIVINGSTON NOT TO EXCEED AN AMOUNT OF $878,600 FOR A FIVE (5) YEAR CONTRACT.

WHEREAS, the City of Livingston is responsible for constructing transportation projects that receive Federal funding; and
WHEREAS, these Federal funds are provided by the Federal Highways Administration (FHWA) and are administered by the California Department of Transportation (Caltrans); and WHEREAS, the Federal funds are subject to Federal regulations and to comply, certain services including Engineering are contracted out to qualified firms due to the City's limited staff and expertise; and
WHEREAS, FHWA allows for these types of Engineering services to be offered on an on-call basis for a maximum term of five (5) years; and
WHEREAS, local agencies must go through an extensive Caltrans' review process for selecting a firm and awarding an on-call contract for Architectural and Engineering (A&E) services; and WHEREAS, the City must conduct a procurement process for A&E services in strict accordance with Federal regulations; and
WHEREAS, firms must be qualified and certified to participate in FHWA contracts; and WHEREAS, the City requires a qualified Consultant to continue these FHWA services for ongoing and future transportation projects funded strictly with Federal grants; and WHEREAS, the City prepared and issued a request for qualifications for consultants to provide on-call FHWA Engineering Services for an initial term of three (3) years with optional two 1-year terms (5 years total); and
WHEREAS, the City received two (2) statements of qualifications from the following firms:

1. Gouveia Engineering, Inc.

2. Be11ecci and Asssociates
WHEREAS, City staff reviewed and evaluated the proposals and selected Gouveia Engineering as the most qualified firm to provide these on-call services for the City of Livingston and deeming Beflecci and Associates proposal as incomplete and subsequently consulted with Caltrans for approval of this consultant contract; and
WHEREAS, City staff has followed the A&E procurement process and has received the required Page I of3

Caltrans approvals for awarding a contract to Gouveia Engineering; and WHEREAS, the City Council desires to enter into a contract with Gouveia Engineering and delegates the City Manager to execute the contract effective December 17, 2024.

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

Section 1. The above recitals are true and correct findings of the Livingston City Council. Section 2. Approves a contract with Gouveia Engineering Inc. to provide on-call engineering services for federally funded transportation projects for the City of Livingston per the consultant contract effective December 17, 2024, and for a maximum term of five (5) years. The amount of $878,600 will expand over a 5-year period of the contract. Grant applications are submitted yearly, the dollar amount yearly will vary each year. The dollar amount will depend on FHWA grant money the City will receive for the applications submitted for each year.

City Council to authorizing the Finance Department for a supplemental appropriation and make the necessary budget adjustments as needed
Section 3. Authorizes the City Manager to execute the contract effective December 17, 2024, with Gouveia Engineering, Inc.

I hereby certify that the forgoing Resolution No. 2024-_ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the city of Livingston at a regular meeting thereof duly held on the 17th day of December 2024, by the vote recorded as follows:

AYES:

NOES:

ABSTAIN: ABSENT:

ATTEST
Monica Cisneros, Deputy City Clerk
Of the City of Livingston

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney

By:--------- Jose A. Moran
Mayor of City of Livingston

CONSULTANT SERVICES CONTRACT
(For Local Assistance Federal-Aid Projects)

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the "CONSULT ANT" is as follows:

GOUVEIA ENGINEERING, INC.

Incorporated in the State of CALIFORNIA
The Project Manager for the "CONSUL TANT" will be

MARIO GOUVEIA, PE
The name of the "LOCAL AGENCY" is as follows:

CITY OF LIVINGSTON
The Contract Administrator for LOCAL AGENCY will be

CHRISTOPHER LOPEZ, INTERIM CITY MANAGER
B. The work to be performed under this AGREEMENT is described in Article Ill Statement of Work and the approved CONSULT ANT' s Cost Proposal dated November 21, 2024. The approved CONSULT ANT' s Cost Proposal is attached hereto (Attachment I) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

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

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

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

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

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

G. Except as expressly authorized herein, CONSULT ANT's obligations under this AGREEMENT are not assignable or transferable, and CONSUL TANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULT ANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee 1

in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSUL TANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULT ANT.

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

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

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

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

B. CONSUL TANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator or Pr~ject Coordinator, as needed, to discuss progress on the pr~ject(s).

ARTICLE Ill STATEMENT OF WORK A. CONSULT ANT Services
Consultant services shall be those as required and listed on the City of Livingston Request for Qualifications and the Gouveia Engineering Statement of Qualifications for On-Call Engineering Services for Federally Funded Transportation Prqjects, all incorporated hereto by reference.

B. Right of Way - Not Used
C. Surveys - Not Used
D. Subsurface Investigations- Not Used
E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULT ANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

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

G. Checking Shop Drawings- Not Used
H. CONSULT ANT Services During Construction - Not Used
I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULT ANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies. 2

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on DECEMBER 17, 2024, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The AGREEMENT shall end on (DECEMBER 17, 2029, unless extended by AGREEMENT amendment.

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

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

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

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

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

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

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

CONSULT ANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations.

CONSULT ANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

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

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

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

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT. 3

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

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

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

CITY OF LIVINGSTON 1416 "C" STREET. LIVINGSTON. CA 95334 L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

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

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

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

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed$ 878,600.00. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

ARTICLE VI TERMINATION A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

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

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

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

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

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

B. The CONSULT ANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 4

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

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

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

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

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULT ANT may request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSUL TANT from full and timely performance, in accordance with the terms of this AGREEMENT.

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

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

Refusal by the CONSULT ANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
5

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

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

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

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

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

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

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

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

D. CONSULT ANT shall pay its Subconsultants within Fifteen ( 15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.
6

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

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

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

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

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

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

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

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

1. CONSULT ANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULT ANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULT ANT's expense, on the basis of a 7

competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULT ANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

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

ARTICLE XII ST ATE PREVAILING WAGE RA TES A. No CONSULT ANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code § 1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

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

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

C. General Prevailing Wage Rate Detenninations applicable to this project may also be obtained from the Department of Industrial Relations website at htt ://www.dir.ca. ov.

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

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

2. The payroll records enumerated under paragraph (I) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULT ANT. The CONSULT ANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (I) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department oflndustrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULT ANT. The CONSULT ANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following 8

receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (I) above, to the entity that requested the records within ten ( I 0) calendar days after receipt of a written request.

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

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

6. The CONSULT ANT or Subconsultant shall have ten ( I 0) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (I) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULT ANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

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

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

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

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

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULT ANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the perfonnance of work on public works projects shall include a copy of the requirements in Labor Code§§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSUL TANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll 9

records of the Subconsultant.
c. Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULT ANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code § 1813.

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

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

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

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

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

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

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

CONSUL TANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULT ANT further agrees 10

to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

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

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

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSUL TANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually perfonned, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, ST ATE, OR FEDERAL FUNDS

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

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

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

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

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

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

B. During the performance of this AGREEMENT, CONSUL TANT and its subconsultants shall not deny the AGREEMENT's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and 11

harassment.

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

D. CONSUL TANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the nonnal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSUL TANT and its subconsultant\' shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

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

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

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

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

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

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

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

3. Does not have a proposed debarment pending; and

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

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining 12

responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https:/fsam.g,ovjrontent/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADV ANT AG ED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DB Es provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs.

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

CONSULT ANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSUL TANT's responsibility to verify at date of proposal opening that the DBE finn is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULT ANT is responsible to document the verification record by printing out the CUCP data for each DBE finn. A list of DB Es certified by the CUCP can be found at https:1/dot.ca. gov /programs/civ i 1-rights/dbe-search.

All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULT ANT purchases from DBEs counts towards the goal in the following manner:
• I 00 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR

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

B. The goal for DBE participation for this AGREEMENT is :?U¾. Participation by DBE CONSULTANT or subconsultants shall be in accordance with infonnation contained in Exhibit I 0- 02: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perfonn, CONSULT ANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSUL TANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal. Contract Assurance Under49 CFR 26.13(b):

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

Failure by the CONSULT ANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
13

(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSUL TANT from future proposing as non-responsible D. Termination and Replacement of DBE Subconsultants
CONSUL TANT shall utilize the specific DB Es listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY's written consent.

CONSUL TANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY's consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit I 0-02: Consultant Contract DBE Commitment form.

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

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

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

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

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

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

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

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

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

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

I 0. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSUL TANT must use the following procedures to request the termination of a DBE or portion of a DBE's work:

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

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

3. Submit CONSULTANT's DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. 14

• CONSULTANT's written notice to the DBE regarding the request, including proof of transmission and tracking documentation ofCONSULTANT's written notice • The DB E's response to CONSULT ANT's written notice, if received. If a written response was not provided, provide a statement to that effect.

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

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

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

I. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description ofremaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business infonnation, the work they have agreed to perfonn, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confinnation of agreement to perform on the Contract
• Revised Exhibit 10-02: Consultant Contract DBE Commitment

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

E. Commitment and Utilization
The LOCAL AGENCY's DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
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The LOCAL AGENCY shall request CONSULTANT to:

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

2. Provide this notification before starting the affected work

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

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSUL TANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULT ANT shall complete Exhibit 17-0: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSUL TANT shall complete Exhibit 17-F: Final Report - Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $ I 0,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

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

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

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

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

Within IO days of a DBE initially performing work or supplying materials on the Contract, CONSUL TANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9- J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE • Purchase orders • Bills of lading • Invoices
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• Proof of payment
CONSULTANT must monitor all DB E's performance ofCUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

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

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

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

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

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

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

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

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

I. CONSUL TANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show 17

the date of payment and the total dollar figure paid to all firms. DBE CONSUL TANT's shall also show the date of work perfonned by their own forces along with the corresponding dollar value of the work.

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

K. For projects awarded on or after March I, 2020, but before September I, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the I 0th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

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

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

ARTICLE XIX INSURANCE A. Prior to commencement of the work described herein, CONSULTANT shall obtain, provide and maintain at its own expense during the tenn of this Agreement, policies of insurance oft he type and amounts described below and, in a form, satisfactory to the LOCAL AGENCY.

B. GENERAL LIABILITY INSURANCE. Consultant 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 $1,000,000 per occurrence, $2,000,000 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.

C. AUTOMOBILE LIABILITY INSURANCE. Consultant 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 Consultant 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 combined single limit for each accident.

D. PROFESSIONAL LIABILITY INSURANCE (errors & omissions). Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$ I .000.000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

E. WORKERS' COMPENSATION INSURANCE. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits ofat least $1 ,000,000).

F. CONSULTANT shall provide certificates of insurance to the LOCAL AGENCY as evidence of the insurance coverage required herein. Current certification of insurance shall be kept on file with the LOCAL AGENCY at all times during the term of this AGREEMENT.

G. The Certificate oflnsurance will provide:

I. That the insurer will not cancel the insured's coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.
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2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.

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

H. CONSULT ANT agrees that insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULT ANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the tenn of the AGREEMENT. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULT ANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

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

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

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

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

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

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

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

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULT ANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
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A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY's Contract Administrator and Finance Director, who may consider written or verbal information submitted by CONSULT ANT.

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

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULT ANT from full and timely performance in accordance with the terms of this AGREEMENT.

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

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

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

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

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

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

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

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

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
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ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY's construction contractor relating to work performed by CONSULTANT's personnel, and additional infonnation or assistance from CONSUL TANT's personnel is required in order to evaluate or defend against such claims; CONSULT ANT agrees to make its personnel available for consultation with LOCAL AGENCY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

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

Consultation or testimony wi II be reimbursed at the same rates, including travel costs that are being paid for CONSULT ANT's personnel services under this AGREEMENT.

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

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

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

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

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

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

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

CERTIFICATION
In accordance with Public Contract Code § I 0296, CONSULT ANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSUL TANT within the immediately preceding two•year period, because of CONSULT ANT's failure to comply with an order of a federal court that orders CONSUL TANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EV A LUA Tl ON OF CONSULT ANT
CONSULTANT's performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sentto CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

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

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

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

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

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

CONSULT ANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Eguipment In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSUL TANT of the CONSULT ANT'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULT ANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any infonnation required of 22

CONSULT ANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULT ANT shall so certify to the recipient or FHW A as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event ofCONSULTANT's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may detennine to be appropriate, including, but not limited to:

1. withholding of payments to CONSULT ANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSUL TANT shall include the provisions of paragraphs ( 1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

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

APPENDIXB

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

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federallyassisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient. its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (I) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and] "' (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above- mentioned nondiscrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
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(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIXC

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

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

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

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

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

APPENDIXD

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

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

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, ·•as a covenant running with the land") that (I) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise sul:,_jected to discrimination in the use of said facilities, (2) that in the construction of any improvements on,
over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses. leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, pennit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the 24

recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

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

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 460 I), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of I 975, as amended, ( 42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex):
• The Civil Rights Restoration Act of 1987, (PL I 00-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and Ill of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities ( 42 U.S.C. §§ 1213 I - 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 4 7123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order I 2898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be affected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
25

CONSULT ANT:

GOUVEIA ENGINEERING INC.
-~M~ A=R=I=O~B=·~G~O- ~UV=E~IA~--~· Project Manager
456 SIXTH STREET
GUSTINE CA 95322
LOCAL AGENCY:

CITY OF LIVINGSTON
----- --
__ C- H_R-1S_T-O_P_H~E_R_ L_O_P_E=Z ___ __ •Contract Administrator 1416 C STREET
LIVINGSTON CA 95334

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEME T as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES

CITY OF LIVINGSTON

CHRISTOPHER LOPEZ, INTERIM CITY
MANAGER Date: _____ _
26 GOUVEIA ENGINEERING, INC.

MARIO B. GOUVEIA, PRESIDENT
Date:
_ ____ _

ATTACHMENT 1

COST PROPOSAL
27

EXHIBIT 10~02 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: City of Livingston 2. Contract DBE Goal: 20%

3. Project Description: On-call Engineering Services for Federally Funded Transportation Projects

4. Project Location: ---"C""'il..._y""'o_f""'L_iv""'in""g""s--lo""n'---------------------------------------

5. Consultant's Name: '--G_o_u_v ... e__ ia_E __ n_.g._in __ e""'e ... r... in"'g"--1 ""In-'-'c"". ___ 6. Prime Certified DBE: D 7. Total Contract Award Amount:

8. Total Dollar Amount for ALL Subconsultants:
___________ 9 Total Number of Abb Subconsultants:

10. Description of Work, Service, or Materials 11. DBE 13. DBE Certification 12. DBE Contact Information Dollar Supplied Number Amount Local Agency to Complete this Section

20. Local Agency Contract $
M11mha.r·
21 . Federal-Aid Project 14. TOTAL CLAIMED DBE PARTICIPATION N11mh.:.r·

22. Contract Execution %
Date:

Local Agency certifies that all DBE certifications are valid and information on IMPORTANT; Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of lier. Written confirmation of each listed DBE is required.

23. Local Agency Representative's 24. Date 15. Preparer's Signature 16. Dale

25. Local Agency Representative's Name 26. Phone 17. Preparer's 18. Phone

27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original - Local Agency

2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure lo submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document rs available rn alternate lormats. For information call (916) 654-641 o or TDD (916) 654-3880 or wrile Records and Forms Management, 1120 N Street. MS-89. Sacramento. CA 95814 29

INSTRUCTIONS - CONSUL TANT CONTRACT DBE COMMITMENT

CONSULT ANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal • Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

4. Project Location - Enter the project location as it appears on the project advertisement.

5. Consultant's Name - Enter the consultant's finn name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.

8. Total Dollar Amount for ALL Subconsultants Enter the total dollar amount for all subcontracted consultants.

SUM c: (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

9. Total number of ALL subconsultants - Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work perfonned by the prime consultant's own forces, if the prime is a DBE. If I 00% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

11. DBE Certification Number• Enter the DBE's Certification Identification Number. A II DB Es must be certified on the date bids are opened.

12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant's name and phone number, if the prime is a DBE.

13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column.%: Enter the total DBE participation claimed (''Total Participation Dollars Claimed" divided by item "Total Contract Award Amount''). If the total% claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit l 5-H DBE Information - Good Faith Efforts of the LAPM).

15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name.

16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.

17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.

18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment fonn.

LOCAL AGENCY SECTION

20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

21. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed.

23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the infonnation in this and the Consultant Section of this form is complete and accurate.

24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form.

26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form.
30

COST PROPOSAL 2

SPECIFIC RA TE OF COMPENSA TYON (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)

COST PROPOSAL
Note: Mark-ups are Not Allowed
Consultant Gouveia Engineering Inc. ~ Prime Consultant D Subconsultant D 2nd Tier Subconsultant Project No. ---------- Contract No. _______ Participation Amount $878,600.00 Date 11/20/2024 THIS COST PROPOSAL IS BASED ON NEGOTIATED RA TES WITH THE - - CITY OF LIVINGSTON - .

For Combined Rate
Fringe Benefit 13.62% + General &Administrative 118.45% = 132.07% Combined OR
For Home Office Rate
Fringe Benefit % + General &Administrative % = Home Office ICR% For Field Office Rate
Fringe Benefit % + General &Administrative% = Field Office ICR% Fee 14%
--------· BILLING ....... ----·----- .. , INFORMATION CALCULATION - --- - . --INFORMATION ·- - --- - .

Name/Job Title/Classification 1 Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Hourly Rate % Hourly Range - Straight3 OT(l.5x) OT(2x) From To Avg. Hourly or $ Increase for Classifications Rate4 Onlv
Mario Gouveia - President/Principal $213.68 $320.53 $427.37 Ene:ineer*
01/01/2024 12/31/2024 $80.77 See Note 5 below Not Applicable Noe Martinez - Princioal Ene:ineer $200.32 $300.49 $400.65 01/01/2024 12/31/2024 $75.72 See Note S below Not Annlicable Nicholas Fontaine - Senior Ene:ineer $157.73 $236.60 $315.46 01/01/2024 12/31/2024 $59.62 See Note 5 below Not Annlicable Noel Bucu - Senior Ene:ineer $132.28 $198.42 $264.56 01/01/2024 12/31/2024 $50.00 See Note 5 below Not Annlicable Roberto Orozco -Associate Ene:ineer $120.37 $180.56 $240.75 01/01/2024 12/31/2024 $45.50 See Note 5 below Not Annlicable Dannv Reed Jr. -Proiect Mana.t!er $167.89 $251.83 $335.78 01/01/2024 12/31/2024 $63.46 See Note 5 below Not Annlicable Linda Gouveia - Vice-President/ $186.96 $280.45 $373.93 01/01/2024 12/31/2024 $70.67 See Note 5 below Not Applicable Ene:ineerin2 Asst II
Emily Takasaki - Engineering $74.08 $111.12 $148.15 01/01/2024 12/31/2024 $28.00 See Note 5 below Not Applicable Technician I
Laura Ramirez - Engineering $83.34 $125.00 $166.67 01/01/2024 12/31/2024 $31.50 See Note 5 below Not Applicable Technician I
Jesse Vargas - Engineering $74.08 $111.12 $148.15 01/01/2024 12/31/2024 $28.00 See Note 5 below Not Applicable Technician I
Mark Arrieta - Engineering $112.44 $168.66 $224.88 01/01/2024 12/31/2024 $42.50 See Note S below Not Applicable Technician II

COST PROPOSAL -
Rey Porras - Engineering Technician $112.44 $168.66 $224.88 01/01/2024 12/3 1/2024 $42.50 See Note S below Not Applicable II
Tim Baptista - Engineering $105.82 $158.74 $211.65 01/01/2024 12/31/2024 $40.00 See Note S below Not Applicable Technician II
Richard Maxwell - Engineering $99.21 $148.81 $198.42
Technician I
01/01/2024 12/31/2024 $37.50 See Note S below Not Applicable Bobby Martinez - Engineering $96.56 $144.85 $193.13 01/01/2024 12/31/2024 $36.50 See Note S below Not Applicable Technician II
Tina Whitsitt - Engineering $83.34 $125.00 $166.67 01/01/2024 12/31/2024 $31.50 See Note S below Not Applicable Assistant II
Kolbi Avala- En2ineerin2 Assistant I $58.20 $87.30 $116.41 01/01/2024 12/31/2024 $22.00 See Note S below Not Annlicable Deena Menezes - Clerical $100.53 $150.80 $201.07 0 1/01/2024 12/31/2024 $38.00 See Note 5 below Not Annlicable NOTES:

I. Key persoMel must be marked with an asterisk (•) and employees that are subject to prevailing wage requirements must be marked with two asterisks ( .. ).All costs must comply with the federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended.

3. Billing rate= actual hourly rate• (I+ ICR) • (1 + Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.

4. For named employees and key persoMel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

5. The hourly rates for ye•n 01/01/2025 tbru 12/31/2028 will be increased based on the Saa Francisco-Oakland Annu.l CPI rate, not to e:r.ceed 5%.

COST PROPOSAL 2

SPECIFIC RA TE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant Gouveia Engineering Inc. IZI Prime Consultant 0 Subconsultant Project No. _________ _ Contract No. --------- Date 11/20/2024 SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pae:es as necessary) Description of Item Quantity Unit Unit Cost Total
Milea2e Costs NIA NIA NIA IRS Std Milea~e Rate
Subconsultant 1 : CVEAS $175,720
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
Subconsultant 5: $
Note: Add additional pages if necessary.

NOTES:

COST PROPOSAL
I. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

2. Proposed ODC items should be consistently billed regardless of client and contract type.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).

5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.

6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of PersoMel Administration rules.

7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.

8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.

9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.

10. Add additional pages ifnecessary.

11. Subconsultants must provide their own cost proposals.

COST PROPOSAL
COST PROPOSAL 2
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section I I 2 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management. and Administration of Engineering and Design Re lated Service

6. 48 Code of Federal Regulations Part 9904 • Cost Acoountinri Standards Board (when applicable) All costs must be applied consistently and fairl y to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifying:

Name Mario B Gow!:

Signatu<e• f~t__.. -
Email: [email protected]
Address: 456 Sixth Street Gustine CA 95322
Title*: President/Principal Engineer
Date of Certification (mm/dd/yyyy): I 1/20/2024
Phone Number: (209) 854-3300
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer. or equivalent. who has authority to represent the financial information utilized to establish the cost proposal for the contract.

On-call Engineering Services for Federally Funded Transportation Projects.

AGENDA ITEM:

MEETING DA TE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Approving a Four (4) Year Professional Service Agreement with Mike Reavill for Streaming Services for the City Council Meetings in an Amount Not to Exceed $64,000 and Authorizing the Interim City Manager to Execute all Required Documents
December 17, 2024
Monica Cisneros, Executive Assistant/Deputy City Clerk
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council Approve a Resolution Approving a Four (4) Year Professional Service Agreement with Mike Reavill for Streaming Services for the City Council Meetings in an Amount Not to Exceed $64,000 and Authorizing the Interim City Manager to Execute all Required Documents.

BACKGROUND/ DISCUSSION:

The City of Livingston contracts with consultants to provide streaming services for City Council meetings. VIP Audio Visual Company has provided streaming services for all city council meetings since February 2021 . On October 17, 2024, we received an email from Manny Peregrina from VIP Audio Visual Company stating that the company will no longer be able to keep support services to the City starting next year (2025).

Currently, Mike Reavill has been our streaming services technician through VIP Audio Visual Company. for the city council meetings. Mr. Reavill presented a proposal to provide the city with streaming services for the city council meeting for the cost below and the contract is set for a duration of four (4) years not to exceed $64,000, which can be extended to an additional one (1) year if the parties mutually consent at a price not to exceed $80,000.

Reoular Scheduled Meetings $425.00 Rush Meeting with less than $500 48-hour notice
Mr. Reavill is knowledgeable of the sound, visual, and streaming system. The city is pleased with Mr.

Reavill's performance.

FISCAL IMPACT:

The compensation has been appropriated and approved in the Fiscal Year 2024-2025 budget (1100- 100-4300). Future year allocations will be budgeted within each fiscal year.

ATTACHMENTS:

1. Resolution No. 2024-

2. Exhibit "A" Contract Professional Services Agreement

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING A FOUR (4) YEAR PROFESSIONAL SERVICE AGREEMENT WITH MIKE REAVILL

FOR STREAMING SERVICES FOR THE CITY COUNCIL MEETINGS IN AN AMOUNT NOT TO EXCEED $64,000 AND AUTHORIZING THE INTERIM CITY MANAGER TO

EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS, the City of Livingston contracts with consultants to provide streaming services for city council meetings; and
WHEREAS, VIP Audio Visual Company held a contract with the City to provide streaming services for city council meetings since February 2021; and WHEREAS, on October 17, 2024, we received an email from Manny Peregrina from VIP Audio Visual Company stating that the company will no longer be able to keep support services to the city starting next year (2025); and
WHEREAS, Mike Reavill has presented a proposal to provide the city with streaming services for the city council meeting and the contract is set for a duration of four (4) years not to exceed $64,000; and
WHEREAS, the agreement with Mike Reavill shall be for four (4) years, which can be extended to an additional one (1) year if the parties mutually consent at a price not to exceed $80,000.

WHEREAS, the City of Livingston's Municipal Code Title 1: Administrative, Chapter 11:

Purchase Policies and Procedures, Section 1-1-1 0: Exempt from Bidding, exempts the City from bidding requirements for the contract of professional or specialized skills such as recruitment services; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. Adopt a Resolution of the City Council of the City of Livingston approving a Professional Service Agreement with Mike Reavill for Streaming Services of the City Council Meetings.

Section 2. Approving the duration of the agreement for four (4) years in an amount not to exceed $64,000. This agreement can be extended for an additional one (1) year if the parties mutually consent at an amount not to exceed $80,000.

Section 3. Future year allocations will be budgeted within each fiscal year as part of the budget.

Section 4. Authorize the Interim City Manager to execute the professional services agreement attached hereto as exhibit A
Section 6. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2024-_ _ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 17th day of December 2024, by the vote recorded as follows:
01424,0001/910135 1

Resolution No. Page 2 of 3
AYES:

NOES:

ABSENT: ABSTAIN:

ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
By: ____ _____ _

Jose A. Moran, Mayor
Of City of Livingston

CITY OF LIVINGSTON

CONTRACT PROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein "Agreement") is made and entered into on December __ , 2024, by and between the CITY OF LIVINGSTON, a municipal corporation ("City") and Mike Reavill (herein "Consultant").

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULT ANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. The consultant warrants that he has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law. If the Scope of Services includes any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 el seq. and California Code of Regulations, Title 8, Section 16000 el seq., and if the total compensation is$ t ,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section t 770 et seq. and 18 t O et seq., and all other applicable laws.
t .4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of $64,000 (Sixty-Four Thousand Dollars ("Contract Sum").

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by 01222.000ll64360l I

City's Director of Finance. By submitting an invoice for payment under this Agreementt Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit "C" and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five ( 45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant 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 any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. 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 Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation ofup to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. 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.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3 .2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, 2

riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten ( 10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's detennination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 4 (four) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). [The City may, in its sole discretion, extend to an additional one (I) year if the parties mutually consent at a price not to exceed $80,000].

4. COORDINATION OF WORK

4.1 Representative of Consultant. Mike Reavill is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant.

Consultant shall utilize only competent personnel to perform services pursuant to this Agreement.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Christopher Lopez [ or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer").

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perfonn in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein. except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION
3

5.1 Insurance Coverages. Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant 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. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office fom1 CG 00 01, in an amount not less than $1 ,000,000 per occurrence, $2,000,000 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 he accepted. (b) Automobile liability insurance. Consultant 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 Consultant 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 combined single limit for each accident. (c) Subcontractors. Consultant 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. (d) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage 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.
(b) Duration of coverage. Consultant 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 Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant 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.
4

(d) 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 Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
(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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City. and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract prov1s1ons (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. 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. Consultant 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.
(i) 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. 5

(I) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant'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. Consultant 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 Consultant. provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant'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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant 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.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct. or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices. vouchers, canceled checks, reports, studies 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 Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer 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.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer 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 Consultant gives the City notice of such court order or subpoena.
( c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify the City should Consultant 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 thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records. drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement. and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, 7

Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U .S.C. section IO 1, such documents and materials are hereby deemed "works made for hire" for the City.

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 Merced, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California.

7.2 Disputes: Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead. the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default. to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein. Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

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.

7.4 Tem1ination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition. the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of 8

termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the nonterminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7 .2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that 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. Consultant shall take affirmative action to ensure 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

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, 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 Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. 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 Contract Officer (with her/his name and City title), City of Livingston, 1416 C Street, Livingston. CA 95334, and in the case of the Consultant, 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.

8.4 Integration; Amendment. 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. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9

8.5 Severability. In the event that part of 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 portions 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.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not he deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. 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.

8. 7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.

8.8 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.

8.9 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.

8.10 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. Consultant 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. Consultant 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. Consultant is aware of and understands 10

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.

Consultant's Authorized Initials
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8.11 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.
(Signatures On The Following Page)
II

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

ATTEST:

Monica Cisneros. Deputy City Clerk
APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
CITY:

CITY OF LIVINGSTON, a municipal
corporation
Christopher Lopez, Interim City Manager
CONSULT ANT:

By:. _____________ _
Name: Mike Reavill
By: _____________ _
Name:

Title:

Address:
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Two corporate officer signatures required when Consultant 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. CONSULT ANT'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 CONSULTANT'S BUSINESS ENTITY. ]2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.

STATE OF CALIFORNIA

COUNTY OF MERCED
On _ , 20 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 PENAL TY 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
0 INDIVIDUAL
0 CORPORATE OFFICER

TITLE(S)
PARTNER(S) 0 LIMITED 0 GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01222.0001f643601. I

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DA TE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.

STATE OF CALIFORNIA

COUNTY OF MERCED
On ____ , 20 __ 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 PENAL TY 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
0 INDIVIDUAL
0 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))
01 222 0001/643601.1

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT
--

NUMBER OF PAGES

DA TE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE

EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform the following services:

A. Live-Stream, video record and upload to YouTube the Planning Commission Meetings and Special Planning Commission Meetings and provide YouTube link.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Live-Stream video
B. Video Record
C. Up-load Video Recording to YouTube or any other software's used by the city.

D. Provide City Staff with link to the video recording
E. Time stamp meeting video.

III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:

A.

B.

C.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Monica Cisneros or designated staff member.
01222.00011643601.1 A-1

B. City Manager.

EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

1. The Consultant will attend all City Council regular meetings, special meeting meetings, and workshops at City of Livingston Council Chambers 663 Main Street, Livingston.

2. The Consultant must have a technician present at all City Council regular meetings, special meetings, and workshops.

3. The Consultant will confirm their attendance with City Staff the day before the meeting date of the City Council regular meetings, special meetings, and workshops.

4. The Consultant must time stamp meeting videos.
01222.0001/643601 I B- 1

EXHIBIT "C"

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:

A.

8. Task A Task B
RATE
$425 per City Council Meetings
$500 for rush meetings giving less than 48 hours' notice.

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

V. Consultant's billing rates for all personnel are attached as Exhibit C-1. 01222 0001/643601.1

EXHIBIT "D"

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services in a timely manner in accordance with the following schedule:

A. Task A
B. Task B
Days to Perform
Every 1st Tuesday of Each Month and
Every Jrd Tuesday of
Every Month.

Special City Council
Meetings/Workshops
Deadline Date
Provide the
recording the
same day and
upload the
stream the same
day.

Provide the
recording the
same day and
upload the
stream the same
day.

II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. Provide the recording the same day and upload the stream the same day.

B. Provide the recording the same day and upload the stream the same day.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

D-1
01 222 0001 /643601.1

AGENDA ITEM:

MEETING DA TE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT e
Authorize city staff to proceed with relocating Well No. 18 to Lucero Park, proceed with preparation of plans, specifications, and contract documents for constructing Test Well No. 18, and soliciting construction bids.

December 17, 2024
Mario B. Gouveia, PE, City Engineer
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Authorize city staff to proceed with relocating Well No. 18 to Lucero Park, proceed with preparation of plans, specifications, and contract documents for constructing Test Well No. 18, and soliciting construction bids.

BACKGROUND AND DISCUSSION:

On September 3, 2024, the City Council directed Staff to proceed with the design and construction of Well No. 18 on the parcel owned by Foster Farms, located at 1229 Davis Street, Livingston, CA.

Due to the fact that Foster Farms was unresponsive to requests for meetings, staff explored alternate sites already owned by the City. Lucero Park has been preliminarily selected since it is also relatively close to the treatment plant (Well 8/8A site) where raw water will be treated for TCP and possibly other contaminants. As a first step in the constructing of the well, a test well needs to be constructed to verify the feasibility of construction a production well at this location.

FISCAL IMPACT:

The Cost is estimated to be $120,000.00 and will be paid out of the City Sewer Funds. Future contracts and agreements for this work will be brought to Council for approval.

ATTACHMENTS:

1. Figure A- Well No. 18 Site Selection - Alternative Sites

2. Figure B - Well No. 18 Site Selection - Test Well No. 18

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CITY OF LIVINGSTON
Well No. 18 - Site Selection
Council Presentation
December 17, 2024

CITY OF LIVINGSTON
WELL NO 18 SITE SELECTION MU. ND. ti ALl"WTM IITES
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CITY o, LIVINGSTON
WELl NO 18 SITE SELECTION TUr 'll(U.N;)tt
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8

Questions?

AGENDA ITEM:

MEETING DATE:

PREPARED BY: REVIEWED BY:

STAFF REPORT
Resolution of the City Council of the City of Livingston Confirming the Canvass by the Merced County Registrar of Voters and Declaring the Results of the November 5, 20241General Municipal Election.

December 17, 2024
Roy Santos, City Attorney
Monica Cisneros, Deputy City Clerk
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Adopt Resolution No. 2024-_, a Resolution of the City Council of the City of Livingston Confirming the Canvass by the Merced County Registrar of Voters and Declaring the Results of November 5, 2024, General Municipal Election.

BACKGROUND:

In 1971, the City of Livingston requested that the Merced County Board of Supervisors allow the Merced County Registrar of Voters to conduct elections for the City of Livingston, as permitted by California Elections Code section 10403. The City Council, as the governing body of the City of Livingston, declares the results of the election for each City Council office voted on at a municipal election.

DISCUSSION:

California Elections Code sections 10261, 10263, and 10264 require the governing body of a city to declare the results of each election under its jurisdiction. The Merced County Registrar of Voters held the City of Livingston's General Municipal Election on November 5, 2024.

The offices of two City Council Members, the office of Mayor, the office of City Clerk, and the office of Treasurer were put before the electorate of the City of Livingston for election.

As a result of the election, Jose A. Moran has been elected as Mayor of the City of Livingston for a full, two-year term.

As a result of the election, the following individuals, being the first and second vote-getters, have been elected to the office of Council Member for full, four-year terms:

Japjeet Singh Uppal
Rodrigo Espinosa
As a result of the election. Robert S. Wallis has been elected as City Clerk of the City of Livingston for a full, four-year term.

As for the Treasurer, no person ran for this position, and as a result no Treasurer of the City of Livingston was elected for a full, four-year term.

The City also had a sales tax measure on the November 5, 2024 ballot. This was a 1 percent sales tax for police and fire services. As a special tax, it required a 2/3 majority vote. The measure received 2,767 (70.66%) votes and therefore passed.

FISCAL IMPACT:

No fiscal Impact.

ATTACHMENTS:

1. Resolution
2

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON CONFIRMING THE

CANVASS BY THE MERCED COUNTY REGISTRAR OF VOTERS AND DECLARING THE RESULTS OF THE NOVEMBER 5, 2024,GENERAL MUNICIPAL ELECTION WHEREAS, the City of Livingston by Resolution No. 71-39, requested that the Merced County Board of Supervisors allow the Merced County Registrar of Voters to conduct elections for the City of Livingston as permitted by the California Elections Code; and WHEREAS, on Tuesday, November 5, 2024, a General Municipal Election was held and conducted in the City of Livingston, California, as required by law; and WHEREAS, notice of the General Municipal Election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects, the election was held and conducted anQ the votes were cast, received, and canvassed, and the returns made and declared in the time, form, and manner required by the provisions of the California Elections Code for the holding of elections in general law cities; and
WHEREAS, on December 3, 2024, the Merced County Registrar of Voters canvassed the returns of the November 5, 2024 General Municipal Election and certified the results to this City Council; said certification is on file in the office of the City Clerk of the City of Livingston and attached hereto as Exhibit A and by this reference incorporated herein.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The City of Livingston General Municipal Election was duly and legally held and conducted on November 5, 2024.

2. The canvass and certification by the Merced County Registrar of Voters and the results of the November 5, 2024, City of Livingston General Municipal Election are hereby confirmed and adopted by the City of Livingston City Council and are hereby entered on the minutes of the City Council as a statement of the results of said election.

3. The names of the persons voted for, the names of the officers for which they were voted, and the number of voters received by each are as follows:

MAYOR (1 Seat, Full-Term)
CITY COUNCIL (2 Seats, Full-Term) CITY CLERK (1 Seat, Full-Term) TREASURER (1 Seat, Full-Term)

NAME

OF PERSON
Jason E. Roth
Maria Soto
Jose Alfredo Moran
Write-In
Total vote cast
NAME

OF PERSON
Japjeet Singh Uppal
Rodrigo Espinosa
Renee Waite Mendonca
Gurmai Bagri
Arturo Sicairos
Mohinder Kanda
Write-In
Total vote cast
NAME

OF PERSON
Robert S. Wallis
Write-In
Total vote cast
OFFICE

VOTED FOR
Mayor
Mayor
Mayor
Mayor
Mayor
OFFICE

VOTED FOR
City Council City Council
City Council
City Council City Council
City Council
City Council
City Council
OFFICE

VOTED FOR
City Clerk
City Clerk
City Clerk
2 VOTES
CAST
1,466
1,046
1,475
10 VOTES
CAST
1,931
1,515
433
378
1,092
404
20 A.Ill
VOTES
CAST
3,228
79

NAME

OF PERSON
Write-In
Total vote cast
OFFICE

VOTED FOR
Treasurer
Treasurer
BE IT FURTHER RESOLVED AND DECLARED THAT:

VOTES
CAST
296
• Jose Alfredo Moran was elected to the office of Mayor of the City of Livingston for a full-term of two (2) years.
• Japjeet Singh Uppal was elected to the office of Council Member for a full-term of four (4) years.
• Rodrigo Espinosa was elected to the office of Council Member for a full-term of four (4) years.
• Robert S. Wallis was elected to the office of City Clerk for a term of four (4) years. • No Candidates ran for the office of Treasurer for a term of four (4) years.

BE IT FURTHER RESOLVED AND DECLARED THAT:

That as a result of the election, at least a two-thirds majority of the voters voting on Measure L relating to the Sales Tax for Police and Fire Services did vote in favor of it, and that the measure was carried, and shall be deemed adopted and ratified. That the measure voted upon was as follows:

Resolution Submitting to the Voters at the General Municipal Election to be Consolidated with the Statewide General Election Held on Tuesday, November 5, 2024, and Ordinance Adopting a Transaction and Use Tax for Police and Fire Purposes
That the number of votes given at each precinct for the measure was 2,767 and against the measure was 1,149.

BE IT FURTHER RESOLVED AND DECLARED THAT:

That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
3

I hereby certify that the foregoing Resolution No. 2024~_is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 17111 day of December 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT: ABSTAIN: ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
4 By: ________ _
Jose A. Moran, Mayor
of City of Livingston

CERTIFICATION OF

COUNTY CLERK/REGISTRAR OF VOTERS OF THE

RESULTS OF THE CANVASS
OF THk NOVEMBER 5, 2024,

STATE OF CALIFORNIA

COUNTY OF MERCED

GENERAL ELECTION
I, Melvin E. Levey, Registrar of Voters of County of Merced, do hereby certify that, in pursuance of the provisions of Elections Code section 15300, et seq., I did canvass the results of the votes cast in the General Election held in said CoWlty on November 5, 2024, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached is full, true, and correct.

I hereby set my hand and official seal this 3rd day of December, 2024, at the County of Merced.
~(. ----- ----::,,"
Registrar of Voters
County of Merced
State of California
Canvass Certification of Elections Official
(11/2024)

HELP AMERICA VOTE ACT OF 2002

CERTIFICATION OF ELECTIONS OFFICIAL

STATE OF CALIFORNIA

COUNTY OF MERCED
Pursuant to the statewide voter registration list requirements set forth in the Help America Vote Act of 2002 ( (HA VA) 52 U .S.C. § 21083), I, Melvin E. Levey, Registrar of Voters for the Cowtty of Merced, State of California, hereby certify that I complied with all provisions of Chapter 2 of Division 7 of Trtle 2 of the California Code of Regulations for the Federal election held on the sth day of November 2024, in the County of Merced, State of California and all elections consolidated therewith.

I hereby set my hand and official seal this 3rd day of December, 2024, at the County of Merced. ~
County
State
~!
of
ofMerced
California
~
HA VA Certification of Elections Official
(11/2024)

Merced County Official Canvass
General Election Results by Precinct
November 5, 2024 Merced County

CITY OF LIVINGSTON MAYOR
VOTE FOR 1
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13102 92 99 119 1 311 0 27 338
13103 221 110 127 1 459 0 33 492
13104 235 104 126 2 467 0 29 496
13105 277 113 190 2 582 0 41 623 - 13106 38 23 55 0 116 0 6 122 -· ·- - - 13107 174 186 292 2 654 2 52 708 13108 66 76 109 0 251 0 11 262 --. - ·-· - -.. ~
13109 99 130 191 1 421 0 33 454 - - -·- -· -· -·- -· - 13110 68 44 52 1 165 0 14 179 -···- --· - -··· ------- - - 13111 189 154 199 0 542 1 41 584 - --- --- ---------- 13112 4 2 5 0 11 0 0 11 - - --- - - - --- -- 13113 2 5 9 0 16 0 2 18 -----· - 13114 1 0 0 0 1 0 0 1 Totals 1,466 1,046 1,475 10 3,997 3 289 4,289
Custom Table Report - 1210312024 08:38AM Page 137 of 314

Merced County Official Canvass
General Election Results by Precinct
November 5, 2024 Merced County

CITY OF LIVINGSTON COUNCILMEMBER
VOTE FOR 2 (J)
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13002 0 0 0 0 0 0 0 0 0 0 0
13101 0 1 0 0 0 0 0 1 0 1 2
13102 119 123 26 24 103 38 5 438 0 238 676
13103 267 131 41 49 107 34 0 629 0 355 984 - 13104 254 147 63 63 98 36 4 665 0 327 992 13105 380 177 67 71 147 ... -·. 64 4 910 2 334 1,246 ·- 13106 72 31 5 11 25 21 0 165 0 79 244 13107 250 294 89 49 222 -·--
- -- 50 1 955 2 459 1,416
13108 85 118 26 17 94 ---- 20 0 360 0 164 524
13109 157 203 43 25 124 35 2 589 0 319 908 . ·------- •-- ~ - -- ·----------- 13110 89 55 20 19 26 30 0 239 0 119 358 - ----· - 13111 249 221 47 49 138 73 4 781 4 383 1,168 13112 3 7 1 0 3 1 0 15 0 7 22 ---·· ·-·---. - - 13113 - 6 6 5 1 5 2 0 25 0 11 36 . - - 13114 0 1 0 0 0 0 0 1 0 1 2 Totals 1,931 1,515 433 378 1,092 404 20 5,773 8 2,797 8,578 Custom Table Report• 12/03/2024 08:38AM Page 138 of 314

Merced County Official Canvass
General Election Results by Precinct
No_vember 5, 2024 Merced County

CITY OF LIVINGSTON CITY CLERK CITY OF LIVINGSTON CITY TREASURER VOTE FOR 1 VOTE FOR 1
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CD ~ 13001 0 0 0 0 0 0 0 0 0 0 0
13002 0 0 0 0 0 0 0 0 0 0 0 - - 13101 1 0 1 0 0 1 0 0 0 1 1 13102 232 10 242 0 96 338 16 16 0 322 338 - 13103 379 14 393 0 99 492 38 38 0 454 492 - - 13104 377 5 382 0 114 496 34 34 0 462 496 . 13105 481 7 488 0 135 623 45 45 0 578 623 - ·- 13106 98 0 98 0 24 122 5 5 0 117 122 - ·- 13107 526 11 537 0 171 708 52 52 0 656 708 - 13108 192 7 199 0 63 262 22 22 0 240 262 ~ ··---·- --·· - 13109 336 7 343 0 111 454 28 28 0 426 454 - - . - - ---·---•-·---· - ---- -- 13110 139 2 141 0 38 179 10 10 0 169 179 13111 447 16 463 1 120 584 45 45 0 539 584 - - 13112 9 0 9 0 2 11 0 0 0 11 11 •·. -- -- ---- - - - 13113 10 0 10 0 8 18 1 1 0 17 18 - ·- 13114 1 0 1 0 0 1 0 0 0 1 Totals 3,228 79 3,307 1 981 4,289 296 296 0 3,993 4,289 Custom Table R
0 eport • 12/03/2024 08:38AM Page 139 of 314

01424.0001/983440.1

STAFF REPORT
AGENDA ITEM: Consideration of a Resolution Appointing Arturo Sicarios, the Recipient of the Third (3rd) Highest Election Vote Total for the Open City Council Positions as Certified by the Merced County Registrar of Voters, to Fill the Vacant City Council Seat Created by the Resignation of Councilmember Elect Rodrigo Espinosa.

MEETING DATE: December 17, 2024
PREPARED BY: Christopher Lopez, Interim City Manager
REVIEWED BY: Roy Santos, City Attorney
This item has been prepared at the request of Mayor Moran.

BACKGROUND:

Councilmember Elect Rodrigo Espinosa tendered a written resignation of his City Council seat on December 10, 2024, after certification of the election results and prior to taking the Oath of Office. Councilmember Elect Rodrigo Espinosa’s resignation of his elected position as a City Councilmember for the City of Livingston prior to taking the Oath of Office has resulted in a vacancy for his position as councilmember.

LEGAL FRAMEWORK:

Under Elections Code 36512 the City Council must fill a vacancy on the City Council within sixty (60) days from the commencement of the vacancy by election or by appointment. the City Council cannot appoint an individual to become a councilmember for a term which exceeds two (2) years DISCUSSION:

The City of Livingston elects its councilmembers pursuant to an at-large election system. Arturo Sicairos received the third most votes in the general election for the two open positions on the City of Livingston City Council, totaling 1,092 votes out of the 5,773 votes cast.

ATTACHMENTS:

1. Resolution

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPOINTING ARTURO SICAIROS, THE RECIPIENT OF THE THIRD (3RD) HIGHEST ELECTION VOTE

TOTAL FOR THE OPEN CITY COUNCIL POSITIONS AS CERTIFIED BY THE MERCED

COUNTY REGISTRAR OF VOTERS, TO FILL THE VACANT CITY COUNCIL SEAT

CREATED THE RESIGNATION OF COUNCILMEMBER ELECT RODRIGO ESPINOSA WHEREAS, Councilmember Elect Rodrigo Espinosa tendered a written resignation of his City Council seat on December 10, 2024, after certification of the election results and prior to taking the Oath of Office;
WHEREAS, Councilmember Elect Rodrigo Espinosa’s resignation of his elected position as a City Councilmember for the City of Livingston prior to taking the Oath of Office has resulted in a vacancy for his position as councilmember; and
WHEREAS, the City of Livingston elects its councilmembers pursuant to an at-large election system; and
WHEREAS, Arturo Sicairos received the third most votes in the general election for the two open positions on the City of Livingston City Council, totaling 1,092 votes out of the 5,773 votes cast; and
WHEREAS, under Elections Code 36512 the City Council must fill a vacancy on the City Council within sixty (60) days from the commencement of the vacancy by election or by appointment; and WHEREAS, the City Council cannot appoint an individual to become a councilmember for a term which exceeds two (2) years; and
WHEREAS, the City Council has determined that it is in the best interest of the City to fill the vacancy by appointment until the next general election.

NOW, THEREFORE, the City Council of the City of Livingston hereby resolves as follows:

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

SECTION 2. The City Council for the City of Livingston, upon holding a public meeting to consider the appointment of Arturo Sicairos to fill the vacancy created by the resignation of Councilmember Elect Rodrigo Espinosa and after receiving public comment regarding the appointment, hereby appoints Arturo Sicairos to fill the vacancy created after Councilmember Elect Rodrigo Espinosa resigned from the City Council after certification of the election results and prior to taking the Oath of Office. Pursuant to governing state law, Arturo Sicairos term as a member of the City of Livingston City Council shall expire on the day and time of the next general election.

SECTION 3. California Environmental Quality Act (CEQA) Finding.

This resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), Review for Exemption, because it can be seen with certainty that the project will not have a significant effect on the environment; therefore, the project is not subject to CEQA.

SECTION 4. Effective Date.

This resolution shall take effect upon adoption.

I hereby certify that the foregoing Resolution No. 2024-___ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 17th day of December 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
Of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney

AGENDA ITEM:

MEETING DATE:

PREPARED BY: REVIEWED BY:

STAFF REPORT
An Ordinance of the City Council of the City of Livingston Amending Title 4, Chapter 2, Section 10 of Livingston Municipal Code (LMC 4-2- 10) Pertaining to Freeway Oriented Signs to Allow Off-Premises Advertising on Vacant land.

December17,2024 Martha Abeloe, Sr. Administrative Analyst-CD Christopher Lopez, Interim City Manager
RECOMMENDATION:

Waive First Reading of the Ordinance by Title Only and Approve Ordinance of the City of Council of the City of Livingston Repealing and Replacing Title 4, Chapter 2, Section 10 of Livingston the Municipal Code regarding Freeway Oriented Signs to allow off-premises advertising on vacant land.

BACKGROUND:

An applicant has recently come to the City (Triple AAA) to install a freeway-oriented sign on its property while allowing the City to have a community event advertised to the passing public.

On September 17, 2024, the following three (3) Options were presented to the City Council for discussion and direction on an Ordinance Text Amendment, to allow off-site premises advertising in the SiQn Regulations:

1. Direct staff to initiate an amendment to the Sign Chapter of the City's Municipal Code to allow permanent off-premises advertising on vacant property.

2. Direct staff to Initiate an amendment to the Sign Chapter of the City's Municipal Code to allow freeway-oriented signs to advertise off-premises businesses owned by the property owner.

3. Direct staff not to initiate an ordinance amendment and require any applicant who desires to amendment the sign Chapter to pay the City's fee for processing an Ordinance Amendment request.

There was a motion by City Council Member Wallis and Seconded by Mayor Pro-Tern Samra and a vote was passed 5-0 for Option 2.

Therefore, staff is now presenting an Ordinance amendment which was prepare by the City Attorney to ensure compliance with all applicable laws.

Currently, the municipal code does not allow such activity.

A. Permitting signage on property before the property is developed. Accessory uses are permitted in all zoning districts. However, accessory uses are secondary to the primary land use on the site. An accessory use is normally incidental to, subordinate to, or exclusively devoted to a principal use located on the same lot. A business sign is considered an accessory to the primary land use, once the business is developed and operated onsite.

The City's current Sign Regulations prohibit off-premises advertising, LMC 4-2-4(J). If an applicant were to propose a sign on an undeveloped property, advertising a business or businesses that are not operated on the property, it would constitute as off-premises advertising, which is prohibited under 4-2-4 (J). Should the City allow installation of permanent signage on vacant property?
B. Freeway Oriented Sign.

The question above is extended to a larger, tall, freestanding, freeway-oriented sign. If an applicant requests to develop a 60- to 80-foot-high Freeway Oriented Sign in advance of the development of the property, can the property owner be allowed to advertise other businesses not located on the project site, even advertise businesses located outside of the City Limits? C. Site Plan and Design Review (SPDR)
The Livingston Municipal Code requires all new construction to undergo Site Plan and Design Review consideration by the Planning Commission for a recommendation to the City Council for final consideration. The Site Plan and Design Review application allows the City to evaluate the development proposal to assure compatibility, harmony in appearance with the neighborhood, reduction of any negative impacts, and orderly development of the area.

All applicants are encouraged to follow the normal SPDR application process, which includes an opportunity for submittal of a sign plan for evaluation of each development proposal.

D. Ordinance Text Amendment
Allowing off-site or off-premises advertising is not presently allowed in the Sign Regulations.

ENVIRONMENTAL REVIEW:

The subject matter is considered to be an administrative activity and not considered a project under CEQA Section 15378 (b)(S).
2