Livingston City Council
January 21, 2025

1 CITY COUNCIL REGULAR MEETING AGENDA
JANUARY 21, 2025
SPECIAL MEETING: 5:30 P.M. – 7:00 P.M
REGULAR MEETING: 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 January 21, 2025, 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).

2 SPECIAL MEETING

1. Call to Order

2. Roll Call

3. Pledge of Allegiance.

4. Moment of Silence – First Responders and Military Members.

5. Citizen Comments

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.

6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Engineer - Gouveia Engineering, Inc.

Pursuant to Government Code Section 54957

7. 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

8. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Interim City Manager
Pursuant to Government Code Section 54957

9. 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.

3 REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2025-01
Next Ordinance No.: 658
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcements.

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 Jim Pacheco Announcements and Reports.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

Vacant
• City Council Alternate Liaison - Livingston Planning Commission – Vacant 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.
• 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.

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

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• 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 – Gurpal Samra, Representative and Jose Moran, Alternate.
• Utility Stakeholders Committee – Jose Moran and Gurpal Samra.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, 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 City Clerk Mucio Vera Jr.

2. Presentation by Mayor Moran: Service Recognition of City Treasurer Katherine Schell Rodriguez.

3. Presentation by Mayor Moran: Service Recognition of Former City Clerk Leticia Vasquez-Zurita.

4. Presentation by Nathan Herrero, Principal/ Vice Principal of SVA Architects: Presentation and Update for the New Livingston Rec-Plex.

CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.

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.

5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated January 16, 2025.

5 6. City Treasurer’s Investment Report for the Month Ending November 30, 2024.

7. Consideration of a Resolution Authorizing the City of Livingston to Enter into an Agreement with the State of California Department of Water Resources (CDWR) to Receive Funds for the New Centralized Treatment Plant and Storage Tank and Authorizing the Interim City Manager to Execute the Agreement on Behalf of the City of Livingston. Staff Recommendation: Approve Resolution.

8. Consideration of an Ordinance of the City of Council of the City of Livingston Amending Title 4, Chapter 2, Section 10 of the Livingston Municipal Code Regarding Freeway Oriented Signs. Staff Recommendation: Waive the second reading of the ordinance by title only, open and close Public Comment, and adopt Ordinance.

9. Consideration of a Resolution Authorizing the Interim City Manager to Issue a Purchase Order to Shape Incorporated for the Purchase of Three (3) Submersible Pumps in the Amount of $118,764.21. Staff Recommendation: Approve Resolution.

10. Consideration of a Resolution Approving the Installation of Two (2) Light Poles from Potential Electric Inc. at Max Foster Sports Complex in the Amount of $9,230.00 and Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.

11. Consideration of a Resolution (1) Authorizing the Interim City Manager to Execute a Professional Service Agreement as Approved by the City’s Attorney’s Office with Telstar Instruments, in an Amount Not to Exceed $57,500 for Fiscal Year 2024/2025 and $40,000 per Year for Fiscal Year 2025/2026 and Fiscal Year 2026/2027 For a Wide Range of Services for City Water Wells and the Wastewater Treatment System. The Agreement Term is For Three (3) Years in An Amount Not Exceed $137,500, and (2) Authorizing the Interim City Manager to Enter Into Future Agreement(s) with Telstar Instruments for Two (2) Additional One (1) Year Term in an Amount Not to Exceed $40,000 per Term.

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 and other necessary actions. Staff Recommendation: Approve Resolution.

13. Consideration of a Resolution Approving the Reclassification of the Executive Assistant/Deputy City Clerk to Assistant to the City Manager/Deputy City Clerk, Amending the Salary Schedule to Approve the Revised Salary Range for the Position, and Other Actions Necessary to Effectuate the Change. Staff Recommendation: Approve Resolution.

DISCUSSION AND POTENTIAL ACTION ITEMS

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

15. Discussion and Direction Regarding Filling the Livingston Planning Commission Seat Vacated by Japjeet Singh Uppal.

6 CITY COUNCIL REORGANIZATION

16. Discussion and Make City Council Appointments to City Boards, Commissions and Committees:
a. Member- Merced County Local Agency Formation Commission (LAFCO). (Currently:

Former Council Member Soto).
b. Representative/Alternate – Central Valley Division League of California Cities. (Currently:

Former Council Member Soto, Representative, Vacant, Alternate). c. Member/Alternate – Merced County Mosquito Abatement District Board of Directors. (Currently: Mayor Pro-Tem Samra, Representative, Council Member Roth, Alternate). d. Representative/Alternate – Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board. (Currently: Council Member Roth, Representative, Mayor Pro-Tem Samra Alternate).
e. City Council Liaison – Livingston Planning Commission. (Currently: Former Council Member Wallis).
f. City Council Liaison – Parks, Recreation and Arts Commission (Currently: Mayor Moran and Council Member Jason Roth, Alternate).
h. Two City Council Representatives – Utility Rate Stakeholders Committee (Currently:

Mayor Moran and Mayor Pro-Tem Samra).

i. Member/Alternate – Merced Integrated Regional Water Management Plan (MIRWMA). (Currently: Former Council Member Wallis, Representative, Council Member Roth, Alternate.) j. Two City Council Representatives: Water Ad-Hoc Committee. (Currently: Former Council Member Wallis and Council Member Roth)

ADJOURNMENT

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Warrant Register January 16, 2025
January 21, 2025
Nancy Fuentes, Accounting Technician
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Ratify the warrant register dated January 21 , 2025
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:

November 27, 2024- January 16, 2026
GENERAL WARRANTS ......................... $
*Skipped number sequence due to voided item.

PAYROLL/WIRE WARRANTS ................. $
ACH WARRANTS ................................. $
TOTAL WARRANTS .............................. $
ATTACHMENTS:

Warrant Register (detailed by date and check number)
1,424,228.19 12507-1267 4
818,832.62
37,249.93
2,280,310.64
3461-3608

Accounts Payable
Checks by Date - Summary by Check Date
llser;
Printed:

Check No
12507
12508
12509 12510
12511
12512 12513 12514 12515 12516 12517
12518
12519 12520
12521 12522
12523 12524 12525 12526 12527 12528 12529 12530 12531 12532 12533 12534 12535 12536 12537 12538 12539 12540 12541 12542 12543 12544 12545 12546 12547 12548 12549 12550
12551
12552 12553
nfuentes
1/17/2025 8:54 AM
Vendor No Vendor Name
1307 Amazon Capital Services 193 ASK Associates
291 City of Livingston
d o L &I. District lrrigati
1647 Department of I lousing and Community l>c
429 DMV Renewal
258
Ewing Irrigation Products. Inc.
188 Frontier
164 Gal7.a Tire & Wheel. Inc
262 Gilton Solid Waste
359 Hinderliter. de Llamas &
Associates
267 I loffman Security
501 Hunt & Sons. LLC
165 J LAnalytical Services. Inc.
786 J.B. Anderson Land Use Planning
461 LEAF
1170 Martin Marietta Materials. Inc.
615 McClatchy Company I.LC
559 Merced County Environmental Health
389 Mid Valley IT
180 Mission tinen Service
199 Northstar Chemical
203 PG&E
273 Potential Electric Inc,
430 Quadicnt Finance
USA. Inc.
1649 lt1.cl Ramire1.
1648 Ajay Saini
408 Sapien Family Trust 439 Sharpening Shop
309 St, Francis Electric
310 Totlcom. Inc.
296 Visual Edge IT. Inc
286 Xerox Financial Services
250 Alhambra
747 All Star Elite Sports
453 Allied West Printing
529 American Legal Publishing
472 Aqua-Metric Sales Co
mpany
162 Steve Bassi
1381 Brink's Incorporated
193 BSK Associates
775 California Norcotic Officers' Association
909 Canon Financial Services. Inc.
272 Charter Communications Holdings. LLC
1239 Clark Pest Control of Stockton. Inc.
283 CoreLogic Solutions, L
LC
518 Critical Reach. Inc.
1651 Ruperto Cruz
AP Checks by Date · Summary by Check Date (l/17/l025 8·54 AM) Check Date
12/16/2024 12/16/2024 12/16/2024 12/16/2024 12/16/2024
12/16/2024 12/16/2024 12/16/2024 12/16/2024 12/16/2024
12/16/2024 12/16/2024 12/16/2024 12/16/2024 12/16/2024 12/16/2024 12/16/2024 12/16/2024 12/16/2024 12/16/2024 12/16/2024
12/16/2024 12/ 16/2024 12/ 16/2024
12/16/2024 12/16/2024 12/16/2024
12/16/2024
12/ 16/2024
12/16/2024
12/16/2024
12/16/2024
12/16/2024
12/16/2024 12/16/2024
12/16/2024 12/16/2024
12/16/2024
12/16/2024 12/16/2024
12/16/2024 12/16/2024 12/16/2024
12/16/2024 12/ 16/2024
12/ l<,/2024
12/16/2024
City of Livingston
1416 C Street
Livingston, CA 95334
Check Amount
1,850.97
545.20

10.223.48
154,709.67

10.00 1,274.76
2,687.91
332.08
194.562.52
t,272,48
634,00
1,070.51

35.00 17.754 00
741 59
975 69
1,453 05
3,502 00
l2.343. t8
441 97

13.081 ,07
69,456 11
3,419.97
559.01
200.00
36,000.00

1.000 00
923 30
829 00
427.71
2,388.51
82 . .77
l.004.61

34.01 1,103.29
500.00

5.023 90
2500
21406
3,299 80
1,275.1 2
331.89
221.39 296.00 200.00
350.00
150.00

Check No Vendor No Vendor Name Check Date Check Amount
12554 1308 CSG Consultants. Inc. 12/16/2024 18.515 87
12555 787 Custom Weed Control Inc. 12/16/2024 400.00
12556 !089 DAHLIN GROUP 12/16/2024 11,850.00 12557 293 Department of Justice Accounting Office 12/16/2024 1,876.98 12558 455 Ernest Packaging Solulions 12/16/2024 l.752.16 12559 163 EZ Auto Supply 12/16/2024 102.15
12560 1410 Fl' P Fund VII TEI Partnership I. Ll,C 12/16/2024 4.208.08 12561 1151 Jose Flores 12/16/2024 25.00
12562 188 Frontier 12/16/2024 2,00403 12563 1603 Melanie Garcia 12/16/2024 59700 12564 262 Gilton Solid Waste 12/16/2024 12,765.70 12565 lJB*02098 MARIA GONZALEZ 12/16/2024 329.83 12566 1279 Mary Gonzalez 12/16/2024 150.00 12567 811 Pete I lulse. DVM. Pa I lilmar Animal I lospi 12/16/2024 160.00 12568 501 I lunl & Sons. LLC 12/16/2024 10.346.79 12569 u0•02099 TERE.'iA JAVALERA 12/16/2024 42.78
12570 1551 Mohinder Kanda 12/16/2024 25.00
12571 318 La Rue Communications 12/16/2024 1,941.00
12572 675 Lance. Soll & Lunghard. l,l,P 12/16/2024 9,722.50 12573 268 Language Line Services. Inc. 12/16/2024 407.96 12574 1643 Rafaela C. Lara 12/16/2024 264.00 12575 615 McClatchy Company LLC 12/16/2024 346.79 12576 269 Merced Pest Control 12/16/2024 80.00 12577 595 Metro Uniform Merced 12/16/2024 1.908.94 12578 389 Mid Valley IT 12/16/2024 551 15 12579 180 Mission Linen Service 12/16/2024 792 16 12580 194 Modesto Welding Products 12/16/2024 24.00 12581 2 Angelita Moran 12/16/2024 40500
12582 459 Municipal Maintenance Equipment 12/16/2024 787,60 12583 199 Northstar Chemical 12/16/2024 2,885.61
12584 302 Office Depot. lnc.lODP Business Solutions. 12/16/2024 421.49 12585 525 Pape Machinery 12/16/2024 127.162.14
12586 203 PG&E 12/16/2024 714
12587 1549 Power Services. Inc. 12/16/2024 1.000,00 12588 433 Raz7.ari Ford 12/16/2024 4,361.32 12589 1652 Richards. Watson & Gershon A Profcssiona 12/ 16/2024 2.205,50 12590 208 Saenz Pest Control. Inc. 12/16/2024 129.00 12591 500 Safeguard Business Systems 12/16/2024 1,003.28 12592 499 Safety-Kleen Systems. Inc. 12/16/2024 253 88 12593 1330 James D Sanders 12/16/2024 40000 12594 1650 Secretary of State 12/ 16/2024 4000 12595 439 Sharpening Shop 12/16/2024 976.84 12596 307 Shred-It. C/0 Stericyclc. Inc. 12/ 16/2024 349 61 12597 1604 Gagandeep Singh 12/ 16/2024 360.00 12598 1550 Japjeet Singh , 12/16/2024 25.00 12599 989 Jasneil Singh 12/16/2024 25.00 12600 309 St. Francis Electric 12/16/2024 800.00 12601 526 Stale Water Resources Control Board 12/16/2024 90.00 12602 836 State Water Resources Control Board 12/16/2024 65.725.00 12603 692 Tesco Controls. Inc. 12/16/2024 562,50
12604 284 Trans Union LLC 12/16/2024 226.10
12605 366 lJSA BlueBook 12/16/2024 363,71
12606 1150 Valley 29 Electric. LLC 12/16/2024 2,480.84
12607 314 Valley Coffee & Water 12/16/2024 800
12608 1204 Valley Sanitation & Rentals LLC 12/16/2024 2,384 14 12609 486 Sunil Verma DC 12/ 16/2024 10000 12610 504 VIP Audio Visual Company. Inc 12/16/2024 500.00 AP Checks hy Date· Summary by Check Date (l/l 7"2025 8.54 AM) Page 2

Check No Vendor
No Vendor
Name
Check Date Check Amount
12611 296 Visual Edge IT. Inc 12/16/2024 8160
12612 818 Renee Waite-Mendonca 12/16/2024 25 00 12613 210 WGR Southwest. Inc. 12/16/2024 1.58000 Total for 12116/2024: 847.731 75
12615 1650 Secretary of State 01/06/2025 40.00 12616 271 State Water Resources Control Board 01/06/2025 116,299 38 Total for 1/612025: 116,339 38
12617 251 ABS Direct. Inc. 01/13/2025 1.959.97
12618 747 All Star Elite Sports 01/ 13/2025 3.75S.79 12619 253 AT&T 01/13/2025 242.16 12620 282 AT&T Mobility 01/13/2025 2,048.44 12621 193 BSK Associates O I/13/202S 7,653.81
12622 1100 CAL FIRE 01/13/2025 1.118.80
12623 682 Card Integrators Corporation 01/13/2025 I.74S 8S 12624 1656 Blanca Casanova 01/13/2025 15000 12625 272 Charter Communications I loldings. LLC 01/13/2025 346 37 12626 508 City of Livingston (Petty Cash) 01/1 3/2025 856,19 12627 291 City of Livingston c/o 1,&L District lrrigati 01/1 3/2025 7,343.64 12628 1239 Clark Pest Control of Stockton, Inc. 01/13/2025 41.00 12629 1186 Anthon}' Cotta 01/13/2025 622,74 12630 683 Custom Locksmith & Alarm. Inc. 01/13/2025 934.59 12631 293 Department of Justice Accounting Office 01/13/2025 30700 12632 1659 eScrihe Software Ltd 01/13/2025 23.000 00
12633 387 Frontier Communications Corp Frontier Co 01/13/2025 153 08 12634 262 Gilton Solid Waste 01/13/2025 186,540 88
12635 811 Pete Hulse. DVM, Pa Hilmar Animal llospi 01/1 3/2025 1.118.00 12636 358 Hilmar Ready Mix Rockery Nursery, LLC 01/1 3/2025 231.66 12637 1657 Daniel llolguin 01/13/2025 150.00 12638 501 Hunt & Sons. LLC 01/13/2025 3.481.11 12639 1660 Ivan Iglesias 01/13/2025 1,00000 12640 S70 Jocelyn E. Roland. Ph.D .. ABPP 01/13/2025 50000
12641 318 La Rue Communications 01/13/2025 1.941.00
12642 461 LEAF 01/13/2025 741.59 12643 228
League of California Cities 01/1 3/2025 142.57
12644 874 Livingston Self Storage 01/13/2025 1.676.00
12645 I0IO Merced County Community Action 01/1 3/2025 176.00 12646 559 Merced County Environmental I lcalth 01/13/2025 391.00 12647 502 Merced Irrigation-Urban GSA 01/13/2025 2,027.42 12648 269 Merced Pest Control 01 / 13/2025 8000 12649 595 Metro Uniform Merced 01/13/2025 53 82
12650 180 Mission Linen Service 01/13/2025 390 25
12651 270 Modem Air Mechanical 01/13/2025 291.00
12652 431 Monie Vista Small Animal I lospital 01 / 13/2025 814 48 12653 1252 National Auto Fleet Group 01/1 3/2025 114.764.25 12654 302 Office Depot. lnc./ODP Business Solutions. 01 /13/2025 775 JO 12655 430 Quadicnt Finance USA. Inc, 01/1 3/2025 57063
12656 1661 Resource Development Company 01/13/2025 70,157 50 12657 265 Resourceability 01/13/2025 1,266 00 12658 1655 Reworld Waste. L LC 01 / 13/2025 551 ,70
12659 386 S & N Auto Services. INC. 01/ 13/2025 40S.OO 12660 408 Sapien Family Trust 01/1 3/2025 1.000.00 12661 307 Shrcd•lt,
C/O Stericycle. Inc. 01/13/2025 348.29
12662 834 Speedy Bee Car Wash and Detail Center 01/13/2025 297.82 AP Checks by Date - Summary by Check Date (1/17/2025 8 54 AM) Page 3

Check No Vendor No Vendor Name Check Date Check Amount
12663 1631 Tripepi. Smith & Associates. Inc. 01/13/2025 565,00 12664 1552 Turbo Data System. Inc. 01/13/2025 539.54 12665 313 U.S. Bank Equipment Finance 01/13/2025 49017 12666 1175 UBEO West. LLC 01/13/2025 55543
12667 1658 Rosa Urrutia 01/13/2025 1,620 00
12668 366 lJSABlucBook 01/13/2025 1,269 65
12669 314 Valley Coffee & Water 01/13/2025 137,00
12670 1653 Van Dermydcn Markus Law Corp. 01/13/2025 5.757,00 12671 367 Verizon Wireless 01/13/2025 1,773.09
12672 296 Visual Edge IT. Inc 01 / 13/2025 3.204 71 12674 286 Xerox Financial Service.~ 01/1 3/2025 82 77 Total for 1/13/2025: 460.157 06
Report Total ( 166 checks): 1,424.228, I 9
AP Checks by Date - Summary by Check Date ( 1/1712025 8·54 AM)

Clearing House
Electronic AP Proof List
User,
Printed.

Sort By
nfuentes
01/17/2025- 9 11AM
Vendor Name
Batch 00001.0 I 2025
Source Vendor
AP5 003-01-2025 422
R«ords Pnntcd·
Name
U.S. Bank Corporate Payment Systems,
CH-Elcctronlc AP Proof List (01/17/2025 - 9J I AM)
Traasfer/Roote Check Digit
I
City of Livingston
1416 C Street
Livingston, r.A 95334
Account Number Amount
20,039 59
20,039.59

Clearing House
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User
Pnnted.

Sort By:

Batch·
Source
APS O I 4-12-2024
Records Pnnted·
nfucntcs
01/17/2025 - 9:05AM
Vendor Name
00002 12.2024
Vendor
422
Name
U S. Bank Corporate Payment Systems,
CH-Electronic AP Proof List (01117/2025 - 9:05 AM)
Tramfer/Ro te CbeckDigit
I
City of Livingston
1416 C Street
Livingston, CA 95334
Accouat Number Amount
17,210 34
17,210.34

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

ELECTED OFFICIAL'S REPORT
Treasurer's Report: November 2024
January 21, 2025
Katherine Schell Rodriguez - Elected City Treasurer
RECOMMENDATION:

Receive and File Treasurer's Report for the month ending November 30, 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 $43,334,875.50 and represents a 2.98% 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:

November 2024, Treasurer's Report with signature

TREASURER'S REPORT
Ban~ Statement Period Ending
Report Date
Meeting Date
Nov 30; 2024
Dec 26; 2024
Jan 21, 2024
The following cash and investment information pertains to the period ending per Bank Statements Institution
State of California LAIF (Local Agency
Investment Fund)
Non Interest Bearing Items
Farmers & Merchants Bank Farmers & Merchants Bank
Farmers & Merchants Bank
Subtotal F&M Bank
Total Cash & Investments
Notes
Acct#
xx-xx-463
xxxxxx5801 xxxxxx6601 xxxxxx8201
Investment
Type
Pooled
Operating Account
Payroll Account
Web Payments Account
Average
Monthly
Yeild %

4.477%

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

NOVEMBER
42,333,795.52
848,474.56
4,364.12
148,241.30
1,001,079.98
43,334,875.50
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 $2,020,013.38 per statements Prepared By:

Katherine Schell-Rodriguez City Treasurer

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

APPROVED By:

STAFF REPORT
Resolution of the City Council of the City of Livingston authorizing the City of Livingston to enter into an agreement with the State of California Department of Water Resources (CDWR) to receive funds for the new centralized treatment plant and storage tank and authorizing the Interim City Manager to execute the agreement on behalf of the City of Livingston
January 21, 2025
Anthony Chavarria, Public Works Director
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2025- , authorizing the City of Livingston to enter into an agreement with the State of California Department of Water Resources (CDWR) to receive funds for the new centralized treatment plant and storage tank and authorizing the Interim City Manager to execute the agreement on behalf of the City of Livingston. BACKGROUND AND DISCUSSION:

In February 2023, members of City Council and City Staff met with Senator Anna Caballero to discuss funding opportunities available through California Governor Newsoms' Budget Act of 2023 and Assembly Bill 102. The City requested funding to construct a new centralized treatment plant and storage tank. The funds will be utilized towards increasing the domestic water system capacity and to improve centralized trichloropropane (TCP) treatment. This project consists of constructing a new Well (No.18), and a centralized 1,2,3-TCP removal water treatment system at the Well No. 8 centralized treatment site to treat water from Wells 8, 9, and

18. A water storage tank and booster pump station will also be constructed at the Well No. 8 site.

The City of Livingston currently has a separate DWSRF application under review with the CDWR that is anticipated to fully fund the centralized treatment, storage tank, and booster pump station improvement items. On September 3, 2024, City Council approved the use of the $1,000,000.00 funds scheduled to be obtained from AB 102 to be designated for the construction of new Well No. 18. The remaining funds needed to complete the construction of Well No. 18 will come from water capital funds and water enterprise funds as approved at the September 3, 2024, City Council meeting.

New Well No. 18 is needed in order to increase the City of Livingston's water system production capacity and provide a more reliable source for meeting current water demands. New Well No. 18 will be treated for 1,2,3-TCP removal at the future centralized treatment at Well No. 8 site. 1

The adoption of this resolution is required by CDWR in order for the City to execute the agreement with CDWR and for the City to be eligible for reimbursement of the funds.

FISCAL IMPACT:

The City will be reimbursed up to the approved funding amount of $1,000,000.00.

ATTACHMENTS:

1. Resolution

2. Funding Agreement between the State of California (Department of Water Resources) and City of Livingston Agreement Number 4600015579
2

RESOLUTION NO. 2025-

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

THE CITY OF LIVINGSTON TO ENTER INTO AN AGREEMENT WITH THE STATE OF

CALIFORNIA DEPARTMENT OF WATER RESOURCES (CDWR) TO RECEIVE FUNDS FOR

THE NEW CENTRALIZED TREATMENT PLANT AND STORAGE TANK AND AUTHORIZING

THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE

CITY OF LIVINGSTON
WHEREAS, the July 2023 Assembly Bill 102 designated $1,000,000 in funding to the City of Livingston, for its New Centralized Treatment Plant and Storage Tank, including constructing an expanded centralized 1,2,3-TCP removal treatment system at Well No. 8 site to treat water from Well No. 8, 9, and 18, constructing a water storage tank, booster pump station, and constructing new Well No. 18 (collectively, the "Project"); and WHEREAS, the responsibility for the administration of the fund, including establishing the necessary procedures for disbursement of the fund, to the California Department of Water Resources ("CDWR"); and
WHEREAS, CDWR requires a resolution from the City of Livingston authorizing the City of Livingston to enter into an agreement with CDWR to receive funds and to authorize the Interim City Manager to execute the agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows;
Section 1: Adopt a resolution that authorizes the City of Livingston to enter into an agreement with the State of California Department of Water Resources to receive $1,000,000 in funding for its New Centralized Treatment Plant and Storage Tank (New Well No. 18 Improvements) and authorizes the Interim City Manager, or designee to execute the agreement, any amendments thereto; and to submit any required documents, invoices, and reports required to obtain State funds.

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I hereby certify that the forgoing Resolution No. 2025- 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 21 61 day of January 2025, 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

FUNDING AGREEMENT BETWEEN THE STATE OF CALIFORNIA
(DEPARTMENT OF WATER RESOURCES) AND

CITY OF LIVINGSTON
AGREEMENT NUMBER 4600015579
THIS FUNDING AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" and the City of Livingston, a public agency, in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Funding Recipient," which parties do hereby agree as follows:

1. PURPOSE. State shall provide funding from the Budget Act of 2023 (Stats. 2023, ch. 38, § 258.) to Funding Recipient to assist in financing the New Centralized Treatment Plant and Storage Tank (Project).

2. TERM OF FUNDING AGREEMENT. The term of this Funding Agreement begins on the date this Funding Agreement is initially executed by the State, through Final Project Completion Report plus three (3) years unless otherwise terminated or amended as provided in this Agreement.

3. FUNDING AMOUNT. The maximum amount payable by the State under this Agreement shall not exceed $1,000,000.

4. DISBURSEMENT OF FUNDS. State will disburse to Funding Recipient the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Funding Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations. Any and all money disbursed to Funding Recipient under this Funding Agreement shall be used solely to pay Eligible Project Costs.

5. ELIGIBLE PROJECT COST. Funding Recipient shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition, legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction.

Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs that are not eligible for reimbursement or payment include but are not limited to the following items:

A. Purchase of equipment not an integral part of the Project.

B. Purchase of water supply not an integral part of the Project.

C. Replacement of existing funding sources for ongoing programs.

D. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of the Project, as set forth and detailed by engineering and feasibility studies.

E. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law.

6. METHOD OF PAYMENT. State will disburse the whole of State funding to Funding Recipient. The Funding Recipient shall submit one or more certified invoices, transmitted via electronic/digital signature system (e.g., DocuSign) or, via U.S. mail or Express mail delivery of a "wet signature." State will notify Funding Recipient, in a timely manner, whenever, upon review of the lnvoice(s), State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to State. Funding Recipient shall, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to State to cure such deficiency(ies).

Funding Agreement No. 4600015579

Invoices submitted by Funding Recipient shall include the following information:

A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for the Project during the period identified in the particular invoice for the implementation of the Project.

C. Invoices shall be submitted on forms provided by State and shall meet the following format requirements:
i. Invoices must contain the date of the invoice and the time period covered by the invoice. ii. Invoices must be itemized based on the categories (i.e., tasks) specified in Exhibit B. The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, time sheets) must be provided for all costs included in the invoice.
iv. Each invoice shall clearly delineate those costs incurred during that time period. v. Each invoice shall contain the signature and date via electronic/digital signature system (e.g., DocuSign) of Funding Recipient's Project Representative. The invoice shall be certified and transmitted via electronic/digital signature system (e.g., DocuSign) or, via U.S. mail or Express mail delivery to the State's Project Manager.

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Funding Recipient shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources.

Any eligible costs for which the Funding Recipient is seeking State funding pursuant to this Agreement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder. Additionally, the State may request an audit pursuant to Paragraph D.5 and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ.

Code,§§ 1572-1573; Pen. Code,§§ 470, 489-490.)

7. DEFAULT PROVISIONS. Funding Recipient will be in default under this Funding Agreement if any of the following occur:

A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Funding Recipient and State evidencing or securing Funding Recipient's obligations;
B. Making any false warranty, representation, or statement with respect to this Funding Agreement; C. Failure to operate or maintain Project in accordance with this Funding Agreement.

D. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5.

E. Failure to submit timely progress reports.

F. Failure to routinely invoice State.

G. Failure to meet any of the requirements set forth in Paragraph 8, "Continuing Eligibility." Should an event of default occur, State shall provide a notice of default to the Funding Recipient and shall give Funding Recipient at least ten (10) calendar days to cure the default from the date the notice is sent

Funding Agreement No. 4600015579

via first-class mail to the Funding Recipient. If the Funding Recipient fails to cure the default within the time prescribed by the State, State may do any of the following:
a. Declare the funding be immediately repaid at the time of the default. b. Terminate the Funding Agreement.
c. Take any other action that it deems necessary to protect its interests.

In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Funding Recipient agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

8. CONTINUING ELIGIBILITY. Funding Recipient shall meet the following ongoing requirements (as applicable) to remain eligible to receive State funds:

A. An urban water supplier that receives state funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Water Code,§ 10610 et seq.) and Sustainable Water Use and Demand Reduction (Water Code,§ 10608 et seq.).

B. An agricultural water supplier receiving state funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code § 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR.

C. A surface water diverter receiving state funds shall maintain compliance with diversion reporting requirements as outlined in Part 5.1 of Division 2 of the Water Code.

D. Funding Recipient shall maintain continuing eligibility with the current Sustainable Groundwater Management Act (SGMA, Water Code §10720 et seq.) requirements as they come into effect.

E. If Funding Recipient is designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, Funding Recipient shall maintain reporting compliance, as required by Water Code §10932 and the CASGEM Program.

F. Funding Recipient shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Water. Code,§ 12405, et seq.) for data sharing, transparency, documentation, and quality control.

G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.qov.ca.gov/wp-content/uploads/2022/03/3. 4. 22-Russia-Ukraine-Executive-Order. pdf. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under State law. The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Funding Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Funding Recipient advance written notice of such termination, allowing the Funding Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

9. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Funding Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to State. All reports shall be submitted to the State's Project Manager, and shall be submitted via DWR's "Grants Review and Tracking System" (GRanTS) or via e-mail. If requested, Funding Recipient shall promptly provide any additional information deemed necessary by State for the approval of reports.

Reports shall be presented in the formats described in the applicable portion of Exhibit F. The timely submittal of reports is a requirement for initial and continued disbursement of State funds.

Funding Agreement No. 4600015579

A. Annual Progress Reports: Funding Recipient shall submit Annual Progress Reports to meet the State's requirement for disbursement of funds. Annual Progress Reports shall be uploaded via GRanTS, and the State's Project Manager notified of upload, or via e-mail to the State's Project Manager. Annual Progress Reports shall, at a minimum, provide a brief description of the work performed, Funding Recipients activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Funding Agreement during the reporting period. The first Annual Progress Report should be submitted to the State no later than one year after the execution of the Agreement with future reports then due on successive year increments based on the first Annual Progress Report submittal date, with the exception of the final Annual Progress Report which may also serve as the Project Completion Report and can extend beyond a year-long increment to account for Project closeout information.

B. Project Completion Report: Funding Recipient shall prepare and submit to State a Project Completion Report, either separately or as part of the final Annual Progress Report. Funding Recipient shall submit the Project Completion Report within ninety (90) calendar days of Project completion. The Project Completion Report shall include, in part, a description of actual work done, any changes or amendments to the Project, and a final schedule showing actual progress versus planned progress, and copies of any final documents or reports generated or utilized during the Project.

10. NOTIFICATION OF STATE. Funding Recipient shall promptly notify State, in writing, of the following items:

A. Events or proposed changes that could affect the scope, budget, or work performed under this Funding Agreement. Funding Recipient agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.

B. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Funding Recipient agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Funding Recipient agrees to implement appropriate actions as directed by the State.

C. The initiation of any litigation or the threat of litigation against the Funding Recipient regarding the Project or that may affect the Project in any way.

11. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Funding Agreement shall be in writing.

A. Notices may be transmitted by any of the following means:
i. By delivery in person.
ii. By certified U.S. mail, return receipt requested, postage prepaid. iii. By "overnight" delivery service; provided that next-business-day delivery is requested by the sender.
iv. By electronic means.

B. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the below addresses. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.

Funding Agreement No. 4600015579

12. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Funding Agreement are as follows:

Department of Water Resources
Arthur Hinojosa
Manager, Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236-0001
Phone: 916-902-6713
Email: [email protected]
Direct all inquiries to the Project Manager:

Department of Water Resources
Ted Daum
Senior Environmental Scientist
P.O. Box 942836
Sacramento, CA 94236-0001
916-902-7800
[email protected]
City of Livingston
Christopher Lopez
Interim City Manager
1416 C Street
Livingston, CA 95334
Phone: (209) 394-8041
Email: [email protected]
City of Livingston
Anthony Chavarria
Public Works Director
1416 C Street
Livingston, CA 95334
Phone: (209) 394-8044
E-mail: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.

13. STANDARD PROVISIONS AND INTEGRATION. This Funding Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Funding Agreement by this reference:

Exhibit A - Work Plan
Exhibit B - Budget Exhibit C - Schedule Exhibit D - Standard Conditions Exhibit E -Authorizing Resolution
Exhibit F - Report Formats and Requirements Exhibit G - State Audit Document Requirements for Funding Recipients

Funding Agreement No. 4600015579

IN WITNESS WHEREOF, the parties hereto have executed this Funding Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
Arthur Hinojosa
Manager, Division of Regional Assistance
Date __________ _
Approved as to Legal Form and Sufficiency
Robin Brewer, Assistant General Counsel
Office of the General Counsel
Date
-----------

CITY OF LIVINGSTON
Christopher Lopez
Interim City Manager
Date
-----------
Approved as to Legal Form and Sufficiency (if
applicable)
Roy C. Santos
City Attorney
Date
-----------

EXHIBIT A

WORK PLAN
PROJECT: New Centralized Treatment Plant and Storage Tank IMPLEMENTING AGENCY: City of Livingston
Funding Agreement No. 4600015579

PROJECT DESCRIPTION: The Project, which will increase the Funding Recipient's domestic water system capacity and improve centralized trichloropropane (TCP) treatment, consists of constructing a new Well (No.18), and a centralized 1,2,3-TCP removal water treatment system at the Well No. 8 centralized treatment site to treat water from Wells 8, 9, and 18. A water storage tank and booster pump station will also be constructed at the Well No. 8 site.

Budget Category A: Administration
Task A.1: Agreement Administration
The Funding Recipient will respond to DWR's reporting and compliance requirements associated with the (agreement administration and will coordinate with the Project managers responsible for implementing the Project. The Funding Recipient will be responsible for compiling invoices for submittal to DWR.

Deliverables
• Annual Invoices and associated backup documentation
Task A.2: Reporting The Funding Recipient will be responsible for compiling progress reports for submittal to DWR. The Funding Recipient may retain consultants as needed to prepare and submit progress reports and final project completion report, as well as the funding agreement completion report.

Reports will meet generally accepted professional standards for technical reporting and the requirements terms of the Agreement with DWR outlined in Exhibit F.

Deliverables
• Documentation (e.g., photo) of "Acknowledgment of Credit" per Standard Condition D.2 • Annual Progress Reports
• Final Funding Agreement Completion Report
Budget Category B: Permitting and Environmental Documentation Identify required environmental and regulatory permits for the Project and obtain required permits.

Deliverables
• Memorandum identifying CEQA compliance and environmental permits for the Project. • Copies of permits as required
Budget Category C: Planning and Design
Task C.1: Preliminary Design Engineering Services
Prepare preliminary feasibility study and detailed site study, including existing water system overview, water demand and water quality, and treatment alternatives.

Deliverables
• Preliminary Engineering Design Report
Task C.2: Final Design Engineering Services
Funding Agreement No. 4600015579
Page Bof23
Prepare relevant 65%, 95% and 100% level construction drawings and technical specifications. Prepare Stormwater Pollution Preventions Plan (SWPPP) and Water Quality Management Plan (WQMP), if applicable.

Prepare recommended construction schedule. Deliverables • 100% Design (Plans/Specs/Engineer's Estimate) • SWPPP and WQMP (If applicable) • Construction Schedule Budget Category D: Construction
Task D .1 : Construction Administration
Manage contractor submittal review, answer requests for information, and issue work directives. A full-time engineering construction observer will be on site for the duration of the project. Construction observer duties may include, but are not limited to: documenting of pre-construction conditions, daily construction on-site inspections of construction activities, preparing owner change orders, addressing questions of contractors on site via Request for Information or Request for Clarification, coordination of specialty inspection and testing, reviewing/updating project schedule, reviewing contractor log submittals and progress payment requests, notifying Contractor if work is not acceptable.

Deliverables
• Bid Documents • Notice of Advertisement
• Notice of Award • Notice to Proceed
Task D.2: Construction Activities
Work includes drilling, developing, and equipping a new Well (No. 18), constructing a well building, furnishing and installing well discharge piping, electrical, emergency backup generator, and various improvements at the Well No. 18 site. Work also includes installing a raw waterline of approximately 1,800 linear feet from Well No. 9 and Well No. 18 to the centralized treatment site at Well No. 8, expanding the granular activated carbon treatment system at Well No. 8, constructing a 1.5 million gallon water storage tank, booster pump station, site piping, and various improvements at the Well No.8 centralized treatment site.

Deliverables
• Notice of Completion
• Record Drawings

EXHIBIT B
BUDGET
PROJECT: New Centralized Treatment Plant and Storage Tank Budget Category State Funds
A: Administration $50,000
B: Permitting and Environmental Documentation $0
C: Planning and Design $200,000
D: Construction $750,000
Total $1,000,000
Funding Agreement No. 4600015579

Agency Total Project
Cost Cost
$0 $50,000 $0 $0
$0 $200,000
$4,300,000 $5,050,000
$4,300,000 $5,300,000

EXHIBIT C

SCHEDULE
PROJECT: New Centralized Treatment Plant and Storage Tank

DESCRIPTION
A: Administration
B: Permitting and Environmental Documentation
C: Planning and Design
Funding Agreement No. 4600015579

START FINISH
May 1, 2024 October 31, 2027
May 1, 2024 August 31, 2025
May 1, 2024 August 31, 2025
D: Construction September 1, 2025 August 31, 2027

EXHIBIT D

STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:

Funding Agreement No. 4600015579

A. Separate Accounting of Funding Disbursements: Funding Recipient shall account for the money disbursed pursuant to this Funding Agreement separately from all other Funding Recipient funds.

Funding Recipient shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Funding Recipient shall keep complete and accurate records of all receipts, disbursements, and any interest earned on expenditures of such funds. Funding Recipient shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.

8. Disposition of Money Disbursed: All money disbursed pursuant to this Funding Agreement shall be deposited in a separate account, administered, and accounted for pursuant to the provisions of applicable law.

D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Funding Recipient shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Funding Recipient's headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: "Funding for this project has been provided in full or in part from the California State Budget Act of 2023 and through an agreement with the State Department of Water Resources." The Funding Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. AMENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable Jaw.

Requests by the Funding Recipient for amendments must be in writing stating the amendment request and the reason for the request.

D.4. AMERICANS WITH DISABILITIES ACT: By signing this Funding Agreement, Funding Recipient assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Funding Recipient to conduct a final audit to State's specifications, at Funding Recipient's expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Funding Recipient to comply with this provision shall be considered a breach of this Funding Agreement, and State may elect to pursue any remedies provided in Paragraph 7 or take any other action it deems necessary to protect its interests.

The Funding Recipient agrees it shall return any audit disallowances to the State.

Pursuant to Government Code section 8546. 7, the Funding Recipient shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding Agreement. All records of Funding Recipient or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.

Funding Agreement No. 4600015579

0.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Funding Agreement. In this event, State shall have no liability to pay any funds whatsoever to Funding Recipient or to furnish any other considerations under this Funding Agreement and Funding Recipient shall not be obligated to perform any provisions of this Funding Agreement.

Nothing in this Funding Agreement shall be construed to provide Funding Recipient with a right of priority for payment over any other Funding Recipient. If funding for any fiscal year after the current year covered by this Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Funding Agreement with no liability occurring to the State or offer a Funding Agreement amendment to Funding Recipient to reflect the reduced amount.

D. 7. CEQA: Activities funded under this Funding Agreement, regardless of funding source. must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code,§ 21000 et seq.) Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Funding Recipient is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project. Should the State decide to not fund the Project. this Agreement shall be terminated in accordance with Paragraph 7.

0.8. CHILD SUPPORT COMPLIANCE ACT: The Funding Recipient acknowledges in accordance with Public Contract Code section 7110, that:

A The Funding Recipient recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders. as provided in Family Code section 5200 et seq.; and B. The Funding Recipient, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

0.9. CLAIMS DISPUTE: Any claim that the Funding Recipient may have regarding performance of this Agreement including, but not limited to. claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Funding Recipient's knowledge of the claim. State and Funding Recipient shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

D.10. COMPETITIVE BIDDING AND PROCUREMENTS: Funding Recipient's contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Funding Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services' State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-LegalServices-Resources-List-Folder/State-Contracting.

0.11. COMPUTER SOFTWARE: Funding Recipient certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Funding Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

Funding Agreement No. 4600015579

D.12. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws.

Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract white employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelvemonth period prior to his or her leaving State service.

C. Employees of the Funding Recipient Employees of the Funding Recipient shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.)
D. Employees and Consultants to the Funding Recipient: Individuals working on behalf of a Funding Recipient may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

D.13. DELIVERY OF INFORMATION, REPORTS, AND DATA: Funding Recipient agrees to expeditiously provide throughout the term of this Funding Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.14. DISPOSITION OF EQUIPMENT: Funding Recipient shall provide to State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory State shall provide Funding Recipient with a list of the items on the inventory that State will take title to. All other items shall become the property of Funding Recipient. State shall arrange for delivery from Funding Recipient of items that it takes title to. Cost of transportation, if any, shall be borne by State.

0.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Funding Recipient, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code,§ 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355.

B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:

i. The dangers of drug abuse in the workplace,
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ii. Funding Recipient's policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement
i. Will receive a copy of Funding Recipient's drug-free policy statement, and ii. Will agree to abide by terms of Funding Recipient's condition of employment, contract or subcontract.

0.16. EASEMENTS: Where the Funding Recipient acquires property in fee title or funds improvements to real property already owned in fee by the Funding Recipient or improved using State funds provided through this Funding Agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Funding Recipient acquires an easement under this Agreement, the Funding Recipient agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

Failure to provide an easement acceptable to the State may result in termination of this Agreement.

0.17. FUNDING RECIPIENT'S RESPONSIBILITIES: Funding Recipient and its representatives shall:

A Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).

8. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Funding Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Funding Recipient in the application, documents, amendments, and communications filed in support of its request for funding.

C. Comply with all applicable California, federal, and local laws and regulations.

D. Implement the Project in accordance with applicable provisions of the law.

E. Fulfill its obligations under the Funding Agreement and be responsible for the performance of the Project.

F. Obtain any and all permits, licenses, and approvals required for performing any work under this Funding Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Funding Recipient shall provide copies of permits and approvals to State.

G. Be solely responsible for design, construction, and operation and maintenance of the Project within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Funding Recipient under this Agreement.

H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Funding Recipient shall be responsible for any and all disputes arising out of its

Funding Agreement No. 4600015579

contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Funding Recipient and any other entity concerning responsibility for performance of work.

D.18. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.19. INDEMNIFICATION: Funding Recipient shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Funding Recipient shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insurers on their liability insurance for activities undertaken pursuant to this Agreement.

D.20. INDEPENDENT CAPACITY: Funding Recipient, and the agents and employees of Funding Recipients, in the performance of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

0.21. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement. Failure or refusal by Funding Recipient to comply with this provision shall be considered a breach of this Funding Agreement, and State may withhold disbursements to Funding Recipient or take any other action it deems necessary to protect its interests.

0.22. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Funding Agreement. This right shall extend to any subcontracts, and Funding Recipient shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State.

D.23. LABOR CODE COMPLIANCE: The Funding Recipient agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to payment from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp.

For more information, please refer to DI R's Public Works Manual at http://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Funding Recipient affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance, and the Funding Recipient affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

0.24. MODIFICATION OF OVERALL WORK PLAN: At the request of the Funding Recipient, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Funding Agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for non-material changes to the budget and schedule must be submitted by the Funding Recipient to the State in writing and are not effective unless and until specifically approved by the State's Program Manager in writing.

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0.25. NONDISCRIMINATION: During the performance of this Funding Agreement, Funding Recipient and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital status, and denial of medical and family care leave or pregnancy disability leave.

Funding Recipient and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

Funding Recipient and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code,§ 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. Funding Recipient and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

Funding Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement.

0.26. OPINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

0.27. PERFORMANCE BOND: Where contractors are used, the Funding Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Funding Recipient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code,§ 7103; Code Civ. Proc.,§ 995.311.) D.28. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services in excess of $200,000, the Funding Recipient shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

D.29. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Funding Recipient shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Funding Recipient's service of water, without prior permission of State. Funding Recipient shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Funding Recipient meet its obligations under this Funding Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

D.30. PROJECT ACCESS: The Funding Recipient shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

0.31. REMAINING BALANCE: In the event the Funding Recipient does not submit invoices requesting all of the funds encumbered under this Funding Agreement, any remaining funds revert to the State. The State will notify the Funding Recipient stating that the Project file is closed, and any remaining balance will be disencumbered and unavailable for further use under this Funding Agreement.

D.32. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

Funding Agreement No. 4600015579

D.33. RIGHTS IN DATA: Funding Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code,§ 6250 et seq.) Funding Recipient may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Funding Recipient shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.

D.34. SEVERABILITY: Should any portion of this Funding Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Funding Agreement shall continue as modified.

D.35. SUSPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments or termination, or both if the State determines that:

A. Funding Recipient, its contractors, or subcontractors have made a false certification, or B. Funding Recipient, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Funding Agreement.

D.36. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Funding Recipient shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

D.37. TERMINATION BY FUNDING RECIPIENT: Subject to State approval which may be reasonably withheld, Funding Recipient may terminate this Agreement and be relieved of contractual obligations. In doing so, Funding Recipient must provide a reason(s) for termination. Funding Recipient must submit all progress reports summarizing accomplishments up until termination date and repay all funds disbursed pursuant to this Agreement.

D.38. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 7, the State may terminate this Funding Agreement and be relieved of any payments should Funding Recipient fail to perform the requirements of this Funding Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 7.

D.39. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days advance written notice. The Funding Recipient shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.40. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.41. TIMELINESS: Time is of the essence in this Funding Agreement. D.42. UNION ORGANIZING: Funding Recipient, by signing this Funding Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Funding Agreement.

Furthermore, Funding Recipient, by signing this Funding Agreement, hereby certifies that:

A. No State funds disbursed by this Funding Agreement will be used to assist, promote, or deter union organizing.

B. Funding Recipient shall account for State funds disbursed for a specific expenditure by this Funding Agreement to show those funds were allocated to that expenditure.

Funding Agreement No. 4600015579

C. Funding Recipient shall, where State funds are not designated as described in (B) above, allocate, on a pro rata basis, all disbursements that support the program.

D. If Funding Recipient makes expenditures to assist, promote, or deter union organizing, Funding Recipient will maintain records sufficient to show that no State funds were used for those expenditures and that Funding Recipient shall provide those records to the Attorney General upon request.

D.43. VENUE: The State and the Funding Recipient hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Funding Recipient hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.44. WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties hereto that from time to time either party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

EXHIBIT E

AUTHORIZING RESOLUTION
Funding Agreement No. 4600015579

EXHIBIT F
Funding Agreement No. 4600015579

REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.

1. PROGRESS REPORTS
Progress reports shall generally use the following format. In general, wherever possible please use bulleted format. This format may be modified as necessary to effectively communicate information.

PROJECT STATUS
Briefly describe the work performed during the time period covered by the report including but not limited to:

PROJECT INFORMATION (as applicable)
• Legal matters • Engineering Evaluations
• Environmental matters
• Status of permits, easements, rights-of-way, rights of entry and approvals as may be required by other State, federal, and/or local agencies
• Major accomplishments during the reporting period (i.e. tasks completed, milestones met, meetings held or attended, press releases, etc.)
• Issues/concerns that have, will, or could affect the schedule or budget, with a recommendation on how to correct the matter
• Identify key issues that need to be resolved
COST INFORMATION (as applicable)
• Provide a list showing all project costs incurred during the time period covered by the report by the Funding Recipient and each contractor working on the Project and which of these costs are Eligible Project Costs
• A brief discussion on how the actual budget is progressing in comparison to the project budget included in the Work Plan
• A list of any changes approved to the budget in accordance with Funding Agreement and a revised budget, by task, if changed from latest budget in the Work Plan SCHEDULE INFORMATION (as applicable)
• A schedule showing actual progress verses planned progress • A brief discussion on how the actual schedule is progressing in comparison to the original or last reported schedule

Funding Agreement No. 4600015579

• A list of any changes approved to the Schedule in accordance with Funding Agreement and a revised schedule, by task. if changed from latest reported schedule The Final Annual Report shall contain the following Project completion information and shall generally use the following format.

EXECUTIVE SUMMARY - Should include a brief summary of project information and include the following items:
• Brief description of work proposed to be done in the original application • Description of actual work completed and any deviations from the work plan identified in the Funding Agreement
COSTS AND DISPOSITION OF FUNDS - A list of showing:
• The date each invoice was submitted to State
• The amount of the invoice
• The date the check was received • The amount of the check (If a check has not been received for the final invoice, then state this in this section.)
• Summary of project cost including the following items:
o Accounting of the cost of project expenditure
o Include all internal and external costs not previously disclosed o A discussion of factors that positively or negatively affected the project cost and any deviation from the original project cost estimate.

ADDITIONAL INFORMATION - Any relevant additional Information should be included.

EXHIBIT G
Funding Agreement No. 4600015579

STATE AUDIT DOCUMENT REQUIREMENTS FOR FUNDING RECIPIENTS The following provides a list of documents typically required by State Auditors and general guidelines for Funding Recipients. List of documents pertains to both State funding and details the documents/records that State Auditors would need to review in the event of this Funding Agreement is audited. Funding Recipients should ensure that such records are maintained for each funded project.

State Audit Document Requirements
Internal Controls

1. Organization chart (e.g., Agency's overall organization chart and organization chart for the State funded Project).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State payment requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State funded Program/Project

3. Audit reports of the Funding Recipient internal control structure and/or financial statements within the last two years.

4. Prior audit reports on the State funded Project.

State Funding:

1. Original Funding Agreement, any amendment(s) and budget modification documents.

2. A listing of public funds received from the State.

3. A listing of all other funding sources for the Project.

Contracts:

1. All subcontractor and consultant contracts and related or partners• documents, if applicable.

2. Contracts between the Funding Recipient and other public agencies as related to the State funded Project.

Invoices:

1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Funding Agreement.

2. Documentation linking subcontractor invoices to State payment, requests and related Funding Agreement budget line items.

3. Payment requests submitted to the State for the Funding Agreement.

Cash Document~:

1. Receipts (copies of warrants) showing payments received from the State.

Funding Agreement No. 4600015579

2. Deposit slips (or bank statements) showing deposit of the payments received from the State.

3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.

4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements.

2. Ledgers showing receipts and cash disbursement entries of other funding sources.

3. Bridging documents that tie the general ledger to requests for Funding Agreement payment.

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

Personnel:

1. List of all contractors and Agency staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor staff and the Funding Recipient's personnel who provided services charged to the Project
Project Files:

1. All supporting documentation maintained in the Project files.

2. All Funding Agreement related correspondence.

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.

January 21, 2025
Martha Abeloe, Sr. Administrative Analyst-CD
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Waive Second Reading of the Ordinance by Title Only and Adopt 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.

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.

0. Ordinance Text Amendment
Allowing off-site or off-premises advertising is not presently allowed in the Sign Regulations. On September 17, 2024, the following three (3) Options were presented to the City Council for discussion and direction:

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 .

ENVIRONMENTAL REVIEW:

The subject matter is considered to be an administrative activity and not considered a project under CEQA Section 15378 (b)(5).

ATTACHMENT:

1. Ordinance

2. Livingston Municipal Code Chapter 2: Sign Regulations 2

Attachment 1
ORDINANCE NO. 2024-_
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING TITLE 4, CHAPTER 2, SECTION 10 OF THE LIVINGSTON MUNICIPAL CODE REGARDING FREEWAY ORIENTED SIGNS.

WHEREAS, the City of Livingston ("the City") has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, the City wishes to amend the municipal code governing freeway oriented signs; and
WHEREAS, the City wishes to allow changeable copy signs which may advertise businesses and services located off-site only within the counties of Merced, Stanislaus, San Joaquin and Fresno; and
WHEREAS, nothing in this Ordinance amendment shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity which is illegal under state or federal law.

NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the City of Livingston as follows;
Section 1 : The above recitals are incorporated hereby by reference.

Section 2: The Ordinance amendment is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines§ 15061(b)(3).) Section 3: Tittle 4, Chapter 2, Section 10 of the Livingston Municipal Code is hereby amended and shall read as follows:

CHAPTER2
Section 4-2-10 FREEWAY ORIENTED SIGNS.

For the purpose of considering freestanding signs only, those businesses within 500 feet of a state or federal highway right-of-way shall be deemed freeway oriented. One freestanding freeway oriented sign per parcel or shopping center, a maximum 500 square feet per side, may be permitted in addition to those signs described in section 4-2-9 of this chapter. The freeway oriented sign shall be limited to 60 feet in height without a use permit, but may be increased to a maximum of 80 feet with an approved use permit. Notwithstanding any prohibition that may be located elsewhere in the Livingston Municipal Code, freeway oriented signs with changeable copy may advertise businesses and services located off-site only within the counties of Merced, Stanislaus, San Joaquin and Fresno and shall allow the City (with content its choosing) a minimum of 9 "plays" per hour for a "dwell" duration of 8 seconds each per sign face.
01424.0001/1037171.1

I hereby certify that the forgoing Ordinance 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
01424.0001/1037171.1
By:--------- Jose A. Moran
Mayor of City of Livingston

12/5/24, 1:53 PM
Section
4-2-1 Title
4-2-2 Purpose
4-2-3 Definitions
4-2-4 Prohibited signs
export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ Attachment 2
CHAPTER 2: SIGN REGULATIONS
4-2-5 General restrictions and provisions
4-2-6 Real estate signs
4-2-7 Temporary signs
4-2-8 Murals
4-2-9 District regulations
4-2-9-1 Residential Zone Districts
4-2-9-2 Commercial Zone Districts
4-2-9-3 Industrial Zone Districts
4-2-10 Freeway oriented signs
4-2-11 Specific use regulations
4-2-11-1 Service station signs
4-2-11-2 New and used vehicle dealership signs
4-2-12 Nonconforming signs
4-2-13 Amortization
4-2-14 Safety and maintenance
4-2-15 Permits
4-2-16 Sign permit application information
4-2-17 Variances
4-2-18 Appeals
4-2-19 Enforcement
§ 4-2-1 TITLE.

The title of this chapter shall be the "Sign Chapter of the City of Livingston". (Ord. 596, passed 10-18-2011)
§ 4-2-2 PURPOSE.

The purpose of these sign regulations is to provide minimum standards to safeguard life, health, property and public welfare in keeping with the character of the city by regulating and controlling the size, height, structural design, quality of materials, construction, location, electrification and maintenance of all sign structures to accomplish the following results:
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12/5/24, 1 :53 PM export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ (A) To protect and enhance the character of residential neighborhoods and property values by prohibiting obtrusive and incompatible signs;
(B) To promote and maintain healthy commercial centers and property values, to effectively communicate the nature of goods and services, and to avoid wasteful, ugly and unsightly competition in signs;
(C) To provide a reasonable and comprehensive system of controls of signs; (D) To encourage signs which are well designed and pleasing in appearance, and to provide incentive and latitude for variety, good design relationship, spacing and location; (E) To encourage a desirable urban character which has a minimum of overhead clutter; (F) To attract and direct persons to various activities and enterprises in order to provide for the maximum public convenience; and
(G) To enhance the economic value of the community and each area of it through the regulation of size, location, design and illumination of signs.
(Ord. 596, passed 10-18-2011)
§ 4-2-3 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A-FRAME. A freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A". Such signs are usually designed to be portable; hence they are not considered permanent signs.

ABANDONED SIGN. A sign which no longer correctly directs or attracts any person, nor advertises an existent bona fide business or related activities and products from the premises on which such sign is displayed.

ANIMATED SIGN. Signs that have moving parts (inclusive of rotating signs) or lighting or motion picture projection, which creates the illusion of moving parts; animated viewing screens; flashing, chasing, scintillating or twinkling lights.

AREA OF SIGNS. The area of the sign shall be determined by circumscribing the exterior limits of the mass of each display with a rectangle, parallelogram or other acceptable geometric figure connecting all extreme points, but excluding any reasonable embellishments and the necessary supports or uprights. If the sign consists of more than one section or module, all areas will be totaled.

AWNING. A temporary or permanent structure attached to, or supported by a building, designed for aesthetics, or shelter over a pedestrian or vehicular way and which may or may not project over public property.

BANNER SIGNS. A temporary sign composed of lightweight material not enclosed in a rigid frame, secured or mounted to allow movement of the sign by the atmosphere.

BARBER POLE. A stationary cylindrical pole of red, white and blue spiral stripe design and which identifies a barbershop.

BILLBOARD. Any sign which directs attention to a business, commodity, service, industry or other activity which is not sold, offered or conducted on the premises upon which such sign is located, or to which it is affixed.

BUILDING FACADE. That portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.
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12/5/24, 1 :53 PM export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ BUILDING FRONT. That portion of the main building which affords public entry. In the case of more than one public entry, the entrance with the assigned address shall be considered the main public entry for computation purposes.

BUILDING FRONTAGE. The length of the side of a building, which faces directly upon a public street. For the purposes of this chapter, FACES DIRECTLY UPON A PUBLIC STREET shall mean the area formed by extending perpendicular lines to the street from the two building sides. This definition does not include any portion of a building that intersects any portion of another structure fronting onto an adjacent street or any portion of another lot. If a building is curved or triangular, the BUILDING FRONTAGE shall be the shortest distance between the points on the outside extremity of the building elevation measured parallel to the public street upon which the building fronts.

BUILDING IDENTIFICATION SIGN. Signage that is limited to the name of the tenant or business where the logo or the tenant or business does not contain product information.

BULLETIN BOARD. A sign used to announce a coming event or attraction or used to convey a specific message related to the building or use of the property in which the bulletin board is located. In all zones, BULLETIN BOARDS, which are displayed so as to be viewed from a public street, highway, parking lot, walkway or mall shall be subject to the sign regulations of the zone in which the building or property is located.

CANOPY. A permanent roof structure of covering extending along part or all of a building facade, but not over a public right-of-way.

CANOPY SIGN. A sign that is constructed in or on, attached to the face or suspended below a canopy or cantilevered covered walkway or arcade, whether parallel to or at right angles to the face of the building.

CIVIC SIGN. A sign, other than a commercial sign, posted to advertise a civic event, public agency, school, church, civic-fraternal organization or similar noncommercial organization.

COMMERCIAL ZONE AREA. All areas within the city zoned for commercial use. COMMUNITY DIRECTIONAL SIGN. A sign informing the direction to a community service organization, public facility or a church.

CONSTRUCTION SIGN. Signs located on a site during construction, which informs of new buildings opening dates, leasing opportunities and/or identifies the architects, engineers, contractors and financiers.

CURB LINE. The line at the face of the curb nearest the roadway.

DILAPIDATED SIGN. Any sign or element of a sign which is excessively weathered or structurally unsound, or where the copy can no longer be seen or understood by a person with normal eyesight under normal viewing conditions.

DIRECTIONAL SIGN. A directional or informational sign designed to direct and guide pedestrian and vehicular traffic while said traffic is on a parcel or real property.

DISTRICT. Zoning district. ERECT. To erect, construct, attach, hang, place, suspend, paint, post or affix, but shall not include change of copy.

FLASHING SIGN. Any sign in which the illumination source alternately is on and off when the sign is energized.

FREESTANDING SIGN. A sign wholly supported by one or more uprights, poles or upright members in or upon the ground, which are not part of, or supported by a building, and are not temporary in nature.
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12/5/24, 1 :53 PM export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ FREEWAY. A highway to which the owners of abutting property have no right of easement or access to or from their property, and which is declared to be such in compliance with the California Streets and Highways Code.

FREEWAY SIGN. Any professional, retail/commercial, or industrial use located on property within 500 feet of the State Highway 99 right-of-way.

GROUND SIGN. A freestanding sign six feet or less in height with a base or method of support, which is an integral part of the sign.

HISTORIC SIGN. A sign which exceeds 50 years in age and exhibits historic, cultural or aesthetic qualities that embody or represent the character of the city.

IDENTIFICATION SIGN. A sign identifying an apartment, residence, school, church or other nonbusiness use or a use allowed on a lot in a residential zone.

ILLUMINATED SIGN. Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights, or luminous tubes as a part of the sign.

INCIDENTAL SIGN. A sign that has a purpose secondary to the use of the property where it is located. Generally informational, these signs include posting of "no parking", "loading only" and other similar directives. No sign with a legible commercial message shall be considered incidental.

INDUSTRIAL ZONE DISTRICT. All areas within the city zoned for industrial use.

INSTITUTIONAL SIGN. Any identification signs for churches, schools, fraternal organizations, hospitals, public facilities and institutional uses.

LOGO SIGN. An established trademark or symbol identifying a product or use.

MARQUEE. Any permanent roofed structure, projecting over public property or right-of-way, attached to and supported by a building.

MONUMENT SIGN. Any "freestanding sign", as defined herein, which does not exceed a height of five feet.

MURAL. A permanent picture painted directly on an exterior wall or on panels affixed to exterior walls.

MURAL PERMIT. A permit issued by the city authorizing the painting of a mural within the city.

NONCONFORMING SIGN. See § 4-2-12 of this chapter.

OFF-PREMISES SIGN. Any sign that advertises goods, products, services or facilities not sold, produced, manufactured or furnished on the premises on which the sign is located.

PARKING LOT SIGN. A sign that is placed or displayed on a parking lot to supply information to people using such lot, including information with respect to liability as well as entry, exit and directional information, as is necessary to facilitate the safe movement of vehicles served by the parking area.

PERMANENT SIGN. Every sign except temporary signs.

POLE SIGN. A freestanding sign independently supported by one or more poles.

POLITICAL SIGN. A temporary sign designed for the purpose of expressing support for, or opposition to, a political candidate, campaign issue, or proposition at a public election.

PORTABLE FREESTANDING SIGN. Any sign that is designed to be movable and is not structurally attached to the ground, a building, a structure, or any other sign. Such portable sign may or may not be in the configuration of an "A".
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12/5/24, 1 :53 PM export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ PROJECTING SIGN. Any sign other than a wall sign which is suspended from or supported by a building or wall and which projects more than 12 inches therefrom.

READER BOARD. A sign constructed so that individual letters or other advertising material can easily be changed, used only by businesses, activities or uses that depend on frequently changing events.

REAL ESTATE SIGN. A sign that is a temporary sign advertising the sale, lease or rent of the property upon which it is located, which may include the identification of the person or firm handling such sale, lease or rent, and an attached rider providing additional information about the property.

RESIDENTIAL ZONE DISTRICT. All areas zoned within the city for residential use.

REVOLVING SIGN. A sign which rotates in either part of or a full circle.

ROOF SIGN. Any sign erected upon, against or directly above a roof, or projecting above the roofline of the building.

ROOFLINE. The ridge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

ROTATING SIGN. Any sign which physically moves about on an axis.

SHOPPING CENTER. Any combination of five or more separately owned or operated business establishments on a single or commonly owned parcel of land.

SHOPPING CENTER IDENTIFICATION SIGN. A freestanding sign used to identify a shopping center or group of businesses which function as an integral unit and does not reference or advertise any individual tenant.

SIGN. Any insignia, display board, bill, announcement, poster, picture, lithograph, map, plat, banner, bunting flag, pennant, balloon, valances, sample, model, structure or other device when erected or maintained out of doors in view of the general public, including application of such to window surface so as to be displayed to the exterior, used to announce, declare, demonstrate, display, advertise or attract the attention of the public, including, but not limited to, clocks, and barber poles or other similar devices, but shall not include display of the American flag or State of California flag.

SIGN AREA. The number of square feet of the smallest rectangular figures which a sign face can be enclosed.

SITE (INCLUSIVE OF PARCEL, LAND AND PREMISES). Only that portion of the site or building land area actually occupied by the building and/or contigum,is improved surfaces (parking area and the like). This is not to be construed as including vacant or unimproved land under the same ownership or contiguous to the building site area; however, off premises parking lots shall be subject to identification signs as defined by "directional sign".

SNIPE SIGN. Signs of a temporary nature advertising a specific event or product and which are illegally posted to trees, posts, poles, stakes, fences or similar support structures.

SUBDIVISION DIRECTIONAL SIGN. A directional or informational sign, located on a site other than the subdivision being advertised, and designed to direct or guide traffic to another location where new homes are available for sale.

TEMPORARY SIGN. Any sign approved for a limited period of time.

TIME AND TEMPERATURE SIGN. A sign or the portion of any sign that displays the current time and temperature in alternating sequence.

WALL SIGN. Any sign posted or painted on, suspended from or otherwise affixed to the wall of any building or structural part thereof, in essentially a flat position, with the exposed face of the sign https:l/export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ 5/16

12/5/24, 1 :53 PM export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ approximately parallel to the plane of such wall and not extending more than 12 inches beyond the face of the building or structural part thereof.

WINDOW SIGN. Any sign maintained in or painted upon the surface of a window. Such signs include non-national advertising signs.

ZONE. One of the various classes of areas into which the city has been divided by this chapter. (Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) § 4-2-4 PROHIBITED SIGNS.

The following signs are prohibited in all districts within the city, except as provided elsewhere in this chapter:
(A) Any sign which is not included under the types of signs permitted in district regulations or in this section;
(8) Signs which incorporate in any manner flashing, moving or intermittent lighting; or signs which are in any manner animated or include any noisemaking attachments. This does not include public service signs, such as time/temperature units, barber poles or rotating signs conforming to subsection (H) of this section;
(C) Signs which by color, wording, design, location or illumination resemble or conflict with any traffic control device or with safe and efficient flow of traffic; (D) Portable signs as defined herein, except as noted in §§ 4-2-7 and 4-2-9 of this chapter; (E) Any structural supports or members of a roof sign shall not be visible to public view; (F) Banners, streamers, pendants, balloons, pennants, whirligigs, posters, ribbons, strings of light bulbs, spinners or other similar devices. These devices when not part of any sign are similarly prohibited, e.g., holidays, grand openings and special events, as provided under§ 4-2-7 of this chapter; (G) Stationary motor vehicles, trailers and related devices to circumvent the intent of this chapter; (H) Any "rotating sign", as defined herein, where the rotation exceeds eight revolutions per minute; (I) Signs which are attached to utility poles, trees, fences or other signs, rocks or natural features; (J) Off site or billboard signs except as authorized by§ 4-2-7(A) of this chapter; (K) On site business related signs that advertise an activity, product or service no longer conducted or available at the site on which the signs are located; and (L) Any sign displayed on or over public property, unless approved by the City Council. (Ord. 596, passed 10-18-2011)
§ 4-2-5 GENERAL RESTRICTIONS AND PROVISIONS.
(A) Signs in street right-of-way or future right-of-way. No freestanding sign shall be located in or project into the present or future right-of-way of any public street, including sidewalks, unless such location or projection is specifically authorized by other provisions of this chapter. (B) Signs interfering with sight distance. No sign shall be so designed or constructed as to interfere with the sight distance of motorists proceeding on or approaching adjacent streets, alleys, driveways, or parking areas, or of pedestrians proceeding on or approaching adjacent sidewalks or pedestrianways. (C) Monument signs. Monument signs, as defined herein, may be used in conjunction with freestanding identification signs on sites one acre or more in size, or as primary identification signs on sites less than one acre in size. Monument signs shall conform to the following restrictions in either case:
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1. Maximum 30 square feet per display face;

2. Maximum five feet in height, measured from the adjacent permanent surface;

3. Shall not be placed closer than 100 feet to any freestanding identification sign on the same site or adjacent site;

4. Shall not be placed closer than 200 feet to any other monument sign on the same site or adjacent site; and

5. Shall be no closer than 25 feet from a driveway which intersects the public right-of-way; or, any sidewalks, driveways and the like, on the same site or adjacent site. (D) Directional signs. On site directional signs, as defined herein, shall be excluded from the sign provisions of this chapter. These signs shall not contain advertising or promotional information or business related logos.
(E) Closure of business. Upon the closure and vacation of a business or activity, the owner of said business or activity, or property owner, if different from business owner, shall within 90 days have all related signs removed from public view.
(F) Window signs. Window signs, as defined herein, shall be considered as a sign in determining aggregate sign area. The following signs, if used in the specified manner, are not computed as part of the aggregate sign area and do not require a permit: banners or posters on inside of windows. Such signs may be used in conjunction with national advertising programs, or as weekly marketing specials or as decorations customary for special holidays, and may not exceed 50% of the total window area of any window.
(G) Painted signs. Signs painted on exterior walls, windows or structures of any kind shall be computed as part of the aggregate sign area.
(H) Community directional signs on public streets. Permission to erect a community directional sign on public streets shall be obtained from the Director of Public Works. 1 . The sign shall be rectangular in shape, a maximum 18 inches by 30 inches in size, constructed of minimum 80-gauge steel or aluminum, finished with either porcelain enamel, baked enamel, reflective or nonreflective sheeting and have white letters on a green background with a one-half inch white border.

2. The sign shall be easily read by normal traffic and shall contain the name of the organization, location designation or distance in blocks or miles, and a directional arrow. (I) Sign area computations.

1. When computing permitted sign area based on the percentage of square feet of building facade, a maximum height of 16 feet shall be used.

2. All display faces of a sign shall be used in computing sign area. (J) Fence signs. Fence signs closer than 50 feet to any street frontage shall be considered freestanding signs. Such signs shall be included in the aggregate sign area. (K) Marquee/projecting sign requirements. Marquee, canopy or projecting signs shall project no closer than two feet to the outside edge of the curb. Signs projecting more than two-thirds the distance to the curb shall be no lower (bottom edge of sign) than 12 feet above the sidewalk; less than two-thirds the distance, the sign shall be no lower than eight feet above the sidewalk. (Ord. 596, passed 10-18-2011}
§ 4-2-6 REAL ESTATE SIGNS.
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12/5/24, 1 :53 PM export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ (A) Sale, rent or lease signs. Real estate signs advertising the sale, rent or lease of property and structures are permitted as follows: no sign permit or deposit is required. Such signs shall be removed within 15 days after sale, rent or lease of the property or structure, except where otherwise listed. (8) Single-family dwellings and duplexes. One real estate sign shall be permitted for each lot. The sign may have two faces, shall not exceed an area of six square feet per face, shall not exceed a height of five feet above the surface of the street, unless placed in a window and shall be unlighted. (C) Multiple-family dwellings, commercial and industrial.

1. Generally. One real estate sign shall be permitted for each development street frontage. May be attached flat against the building or freestanding to a maximum height of six feet above the adjacent surface. Shall not project above the eave line or the top of the parapet of the building and shall be unlighted.

2. Area limitations.
(a) Multiple-family dwellings: 16 square feet;
(b) Commercial: 22 square feet;
(c) Shopping center: 40 square feet;
(d) Industrial: 30 square feet;
(e) Industrial center: 48 square feet; and
(f) Multiple use: 40 square feet.
(D) Unimproved acreage. One real estate sign shall be permitted per street frontage. The sign shall not exceed 48 square feet, may have two faces, shall not exceed a height of ten feet above the adjacent surface and shall be unlighted.
(Ord. 596, passed 10-18-2011)
§ 4-2-7 TEMPORARY SIGNS.

Temporary signs may be permitted by the Planning Director for a time period specified for each type of temporary sign.
(A) Subdivision directional sign permit. The permit for any subdivision directional sign shall be valid for one year from the approval date. The Planning Director shall have the authority to extend the time period for one additional year. Requests for extension shall be submitted to the Planning Department prior to the expiration of the first year permit. Maximum size is four feet by eight feet and may be double sided.
(8) Political signs. Political signs may be posted on private property, with property owner permission, preceding an election. The maximum size of each sign shall not exceed 32 square feet. No deposit shall be required to ensure the proper removal of such signs.

1. No political sign shall be erected within or overhang into any public right-of-way or publicly owned property, nor constitute a traffic hazard by reason of obscuring motorist vision, or otherwise jeopardizing the normal flow of traffic.

2. All political signs shall be removed from view within seven days after the election date, except for those candidates who were successful in a primary election or must compete in a runoff election, in which case, such signs shall be allowed to remain until seven days after the final election day.

3. It shall be the responsibility of the property owner to remove all political signs within seven days after the final election day. In the event that any political sign is not removed within the specified time, the property owner shall be notified of his or her responsibility to remove such signs and directed to remove the sign within seven days or be cited. If the sign has not been removed within the additional https://export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ 8/16

12/5/24, 1 :53 PM export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ seven days, the property owner shall be issued a citation in the amount of $50 for each successive day until such sign is removed.
(C) Construction signs. One sign identifying a project under construction shall be permitted per street frontage on the structure or site under construction. The sign may contain the name of the building contractor and his or her subcontractors, the architect, the engineer, the owner, and the developer. The sign shall be permitted during the period of actual construction after the building permit has been issued. The sign area shall not exceed 50 square feet, shall be one sided, shall not exceed ten feet above the adjacent pavement surface, and be unlighted. (D) Grand opening and special event signs. A special permit may be issued by the Planning Director for banners, streamers, flags or other prohibited signs, as defined herein, and temporary or portable signs such as A-frame signs, as defined herein, for special events or sales, such as new car models, clearance sales, outdoor fairs and sales, grand openings and events of a similar nature. All such signage shall be located on site at the business location and shall not intrude into setback "vision triangles" or be located on public sidewalks.

1. Signs shall be allowed in all zoning districts for a maximum of 90 days, except residential, subject to the approval of the Planning Director.

2. A deposit of $100 shall be required to ensure the removal of such signs. The deposit shall be forfeited to the city if the sign is not removed by the 90 day deadline plus seven days.

3. A minimum distance of 25 feet shall be maintained between a commercial directional sign and any other advertising sign.

4. The Planning Director may extend a permit by an additional 90 days if, upon inspection, the signage is still considered in good shape.
(Ord. 596, passed 10-18-2011)
§ 4-2-8 MURALS.

The purpose of this section is to provide opportunities for art citywide that will contribute to livable, aesthetically pleasing and pedestrian friendly streetscapes in accordance with the goals and objectives of the city's general plan. Promoting murals of historical or community significance will assist in educating residents and visitors about the city. This section will promote the local economy, tourism and city beautification efforts by establishing standards for murals, their location and design. (A) Application required. Applications for a mural permit shall be filed with the City Recreation Department. Such applications shall include the following:

1. The address and assessor's parcel number for the property;

2. Written consent of the property owner or authorized representative;

3. A description of the proposed mural, both in written and picture/design form, including a size estimate for the mural; and

4. Any other information the Recreation Superintendent deems necessary in describing whether the mural will comply with subsection (D) of this section. (B) Application fee. The application for a mural permit shall be accompanied by a fee established by the resolution of the City Council.
(C) Location. Murals may be located on the sides of buildings and walls on property in any commercial and industrial zone district (C-1, C-2, C-3, OTC, M-1, M-2, P-F) within the city. (D) Criteria for design of murals.
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1. The subject matter of the mural shall be of historical or community significance regarding the growth and development of the city and the region. A mural may not contain text, registered trademarks, logos or business advertising unless such items fall within the guidelines of this subsection (0)1.

2. The paint and materials to be used shall be appropriate for use in an outdoor locale, for an artistic rendition and shall be of a permanent, long lasting variety.

3. The mural shall be designed and painted by mural artists with knowledge in the design and painting of such projects. Mural artists must demonstrate their knowledge by providing photographs of murals they have painted or by providing evidence of their experience.

4. To the extent feasible, the mural shall be resistant to acts of vandalism, such as graffiti.

5. Murals shall be subject to review by the Recreation Superintendent, or individual designated by the City Manager, every two years, or as needed to determine physical condition and maintenance. (E) Mural permit and design approval.

1. Prior to painting, installation and execution of a mural, an application shall be submitted to the Recreation Department and approved by the Parks, Recreation and Arts Commission, subject to appeal as described in subsection (G) of this section.

2. The application shall include all the criteria detailed in subsection (A) of this section, including a detailed drawing or sketch of the mural and other details as described on the application. As required under subsection (A) of this section, the application shall provide proof that permission from the property owner has been secured for the wall on which the mural will be applied; this will require written authorization by the property owner.
(F) Parks, Recreation and Arts Commission review of mural permit.

1. The Recreation Superintendent shall forward the application for a mural permit, with a recommendation, to the Parks, Recreation and Arts Commission. The Parks, Recreation and Arts Commission shall hold a public hearing to review and approve, approve with modifications, or deny the mural permit as submitted according to the criteria set forth in subsection (D) of this section. Public hearings for the consideration of proposed applications for a mural permit shall require at least one publication in an official newspaper of general circulation in the county not less than ten calendar days prior to the date of the hearing.

2. Should the Parks, Recreation and Arts Commission be disbanded, or not have sufficient members appointed to constitute a quorum, the Planning Commission shall fulfill the role of the Parks, Recreation and Arts Commission. In fulfilling the role of the Parks, Recreation and Arts Commission, the Planning Commission shall comply with all requirements of this chapter. (G) Appeal process. Within ten days of the Parks, Recreation and Arts Commission's decision on a mural permit, any interested party may appeal a decision of the Parks, Recreation and Arts Commission regarding a mural permit application. The appeal must be in writing and must be filed with the City Clerk within ten days of the action by the Parks, Recreation and Arts Commission. The appeal shall state specifically wherein the decision of Parks, Recreation and Arts Commission was inappropriate. The appeal shall be considered by the City Council at a noticed public hearing. Action of the City Council shall be considered final. Public hearings for the consideration of an appeal under this section shall require at least one publication in an official newspaper of general circulation in the county not less than ten calendar days prior to the date of the hearing. (Ord. 612, passed 4-1-2014; Ord. 635, passed 10-2-2018) § 4-2-9 DISTRICT REGULATIONS.
§ 4-2-9-1 RESIDENTIAL ZONE DISTRICTS.
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12/5/24, 1 :53 PM export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ (A) Residential dwellings. One identification sign containing the name and/or street address of the occupant shall be permitted for each dwelling. The sign shall not exceed an area of two square feet per face.
(B) Multiple-family dwellings. One identification sign shall be permitted for each street frontage of each development. The sign shall not exceed an area of 20 square feet per face, may be a wall or freestanding sign, shall be unlighted, and not exceed four feet in height above the adjacent pavement surface.
(C) Home occupations. Home occupations may be permitted one sign in addition to that permitted for dwelling type. The sign may contain the business name, hours and/or telephone number; shall be unlighted, flat against the building, and not exceed two square feet in area. (D) Neighborhood identification. Neighborhood identification signs may be authorized for residential subdivisions at least five acres in size. One such sign may be permitted for each major collector street entrance to the subdivision subject to the following requirements:

1. Maximum sign area shall be 20 square feet per face;

2. Where ground mounted, the height of the sign shall not exceed four feet above the adjacent pavementsurface;and

3. The sign shall be unlighted.
(E) Professional offices.

1. One identification sign shall be permitted per street frontage. The sign shall not exceed 24 square feet per face, may be a wall sign or freestanding, shall be unlighted, and not exceed a height of six feet above the adjacent pavement surface.

2. One additional nonilluminated wall sign, not exceeding four square feet, may be permitted for each occupant having an outside entrance.
(F) Mobilehome parks, churches, schools, clubs, parks and the like. One identification sign shall be permitted per street frontage. The sign shall not exceed 24 square feet per display face, may be a wall sign or freestanding, shall be unlighted, and shall not exceed a height of six feet above the adjacent pavement surface.
(G) Institutions. One double faced freestanding or wall identification sign is permitted for each street frontage. The sign area for each frontage shall be one and one-half square feet for each ten linear feet of frontage. Each parcel is guaranteed a minimum of 24 square feet regardless of frontage length. A freestanding sign may not exceed 20 feet in height.
(H) Lighting. All signs allowable within the residential zone district shall be unlighted. (Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) § 4-2-9-2 COMMERCIAL ZONE DISTRICTS.
(A) C-1, Central Commercial.

1. Each business within this district shall be allowed a maximum of 30 square feet of sign aggregate per street frontage. All signs within this district shall be wall signs and shall not extend past the edge of the roofline nor below the awning, except the following signs. (a) Each business shall be allowed one window sign per street frontage. Such signs shall be included in the business's total sign aggregate.
(b) Each business shall be allowed one identification sign below the awning level, which shall be one foot by six feet. The sign shall not exceed one foot in height and six feet in width. Such signs shall not be included in the total sign aggregate.
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12/5/24, 1 :53 PM export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ ( c) No projection signs are allowed.

2. (a) One freestanding identification sign which may list the names of the occupants of a shopping center within its surface area shall be permitted. The sign may be double faced, shall not exceed a height of 20 feet and may be illuminated.
(b) The sign may have up to two double faced modules and shall not exceed 80 square feet per side for total display area.
( 1) Each tenant/occupant within the shopping plaza shall be allowed up to a maximum of 10% aggregate sign area across the front building facade of each respective occupancy. An overall site sign design scheme shall be coordinated to gain perspective of size, color and illumination. (2) No projecting signs are permitted.
(c) It shall be the responsibility of the Planning Director to conduct a sign design review of all new signs proposed within the OTC district. This design review will be based upon that criteria found within§ 5-6-7, Site Plan And Design Review, of this code. (8) OTC, Downtown Commercial. Same as subsection (A) of this section. (C) C-2, Community Commercial.
1 . Each business establishment shall be allowed a maximum aggregate sign area of 20% of the front building facade. No projecting signs are permitted.

2. One freestanding identification sign, which may list the names of the occupants of the shopping center within its surface area, shall be permitted for each street frontage. The sign may be double faced, shall not exceed a height of 30 feet and may be illuminated. The sign may have up to three double faced modules and shall not exceed 120 square feet per side for total display area.

3. Each tenant/occupant within a shopping center shall be allowed up to a maximum of 15% aggregate sign area across the front building facade of each respective occupancy. No minimum sign area is required; however, an overall site sign design scheme shall be coordinated to gain perspective of size, color, and illumination. No projecting signs are permitted. (D) C-3, Service Commercial.
1 . The aggregate sign area for each parcel shall be three square feet for each linear foot of street frontage. For lots with more than one street frontage, the aggregate sign area shall be 75% of the total so computed.

2. Each parcel shall be permitted to have one freestanding identification sign per street frontage and one additional freestanding sign per street frontage of 300 feet or more.

3. Freestanding signs shall not exceed 30 feet in height, may have up to two double faced modules, and shall not exceed an aggregate per side sign area of 100 square feet. No additional attached signs shall be permitted.

4. One freestanding identification sign, which may list the names of the occupants of the shopping center within its surface area, shall be permitted for each street frontage. The sign may be double faced, shall not exceed a height of 30 feet and may be illuminated. The sign may have up to three double faced modules and shall not exceed 120 square feet per side for total display area.

5. Each tenant/occupant within a shopping center shall be allowed up to a maximum of 15% aggregate sign area across the front building facade of each respective occupancy. No minimum sign area is required; however, an overall site sign design scheme shall be coordinated to gain perspective of size, color and illumination. No projecting signs are permitted. (Ord. 596, passed 10-18-2011; Ord. 610, passed 2-18-2014; Ord. 612, passed 4-1-2014) https://export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1d03d/download/ 12/16

12/5/24, 1:53 PM export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ § 4-2-9-3 INDUSTRIAL ZONE DISTRICTS.
(A) Sign area. The aggregate sign area for lots of M-1 and M-2 Zones shall not exceed one-half of a square foot per foot of lot frontage. The signs enumerated below shall be subject to the total sign area. (8) Identification sign. One freestanding identification sign shall be permitted for each lot on each street frontage. The maximum size of said sign shall be 100 square feet per display face, and shall not exceed a height of 30 feet. The sign may be illuminated. (C) Wall signs. One wall sign shall be permitted for each lot on each street frontage. The maximum size of said sign shall be 20% of the building facade on which it is to be attached. The sign may be illuminated.
(D) Multi-occupant complex.

1. One freestanding identification sign which conforms to subsection (A) of this section shall be permitted per street frontage. The sign may list the names of the occupants within its surface.

2. Each industrial suite within the building shall be allowed to install two identification signs adjacent to the large rollup door totaling 40 square feet maximum and may list the name of the business and a logo, and one sign on the main entrance door of each suite, which shall total four square feet maximum and may contain the business name, hours of operation and/or telephone number.

3. Required signage by the state for regulated businesses may be located inside windows or near the main entrance door. These signs shall be unlighted and lie flat against the building/door. (a) Such signs shall not be included in the total sign aggregate for the parcel. (b) An overall site and design scheme (signage master plan) shall be coordinated to review the size and colors of all the signage, and the illumination of the freestanding sign. (Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) § 4-2-10 FREEWAY ORIENTED SIGNS.

For the purpose of considering freestanding signs only, those businesses within 500 feet of a state or federal highway right-of-way shall be deemed freeway oriented. One freestanding freeway oriented sign per parcel or shopping center, a maximum 500 square feet per side, may be permitted in addition to those signs described in § 4-2-9 of this chapter. The freeway oriented sign shall be limited to 60 feet in height without a use permit, but may be increased to a maximum of 80 feet with an approved use permit.
(Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) § 4-2-11 SPECIFIC USE REGULATIONS.
§ 4-2-11-1 SERVICE STATION SIGNS.
(A) Aggregate sign area. The aggregate sign area for any lot shall not exceed one square foot for each foot of street frontage. Each lot shall, however, be permitted a minimum 80 square feet of aggregate sign area.
(B) Freestanding identification sign. One freestanding illuminated, double faced identification sign, not exceeding 50 square feet in area per display face, nor higher than 30 feet in height, and one double faced module unit is permitted. No additional attached signs are permitted. (C) Building identification signs. One all illuminated identification sign, not exceeding 20% of the building facade area to which it is attached, may be permitted for each street frontage. (D) Gas price sign. One unlighted double faced sign, not exceeding 20 square feet per face, nor over six feet in height, shall be permitted for each street frontage. The sign shall be permanent in nature, identify only gas prices, state and federal information, and credit cards honored. https://export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1d03d/download/ 13/16

12/5/24, 1 :53 PM export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ (E) Freeway oriented signs:. An additional freestanding identification sign may be permitted in accordance with § 4-2-10 of this chapter.
(Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) § 4-2-11-2 NEW AND USED VEHICLE DEALERSHIP SIGNS.
(A) Aggregate sign area. Aggregate sign area shall be compatible with requirements of the zoning district.
(8) Freestanding identification sign. A freestanding identification sign shall be compatible with requirements of the zoning district.
(C) Building identification sign. One wall sign shall be permitted for each lot on each street frontage.

The maximum size of said sign shall be 25% of the building facade on which it is to be attached. The sign may be illuminated.
(D) Freeway oriented signs. An additional freestanding identification sign may be permitted in accordance with § 4-2-10 of this chapter.
(E) Temporary attractors/signs. Pendants, flags and other temporary attractors/signs may be allowed in excess of 45 days per calendar year with an approved conditional use permit. (Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) § 4-2-12 NONCONFORMING SIGNS.
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

NONCONFORMING SIGN. One which was lawfully erected or placed upon real property, but which could not be established in the same manner under the present ordinance. (8) Alterations. Nonconforming signs may remain in perpetuity and run with the land and may be maintained but not substantially altered, modified or added to, or increased in area. Any such change would require full conformance with the provisions of this chapter. Notwithstanding this section, certain signs shall be required to conform as provided in § 4-2-13 of this chapter. (C) Damaged or destroyed. A nonconforming sign which is destroyed or damaged to an extent in excess of 50% of its estimated value shall not be replaced, or repaired, except by a sign which conforms to the provisions of this chapter.
(Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) § 4-2-13 AMORTIZATION.

Notwithstanding other provisions of this chapter, the following signs shall be required to be removed, or modified to comply with the provisions of this chapter:
(A) Abandoned signs, as defined herein, must be removed within 30 days of business closure; and (8) Signs nonconforming to the established signing standards must be made to conform within five years after adoption of the sign design standards.
(Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) § 4-2-14 SAFETY AND MAINTENANCE.
(A) All parts, portions, units and materials composing the sign, together with the frame, background, supports or anchorage thereof, shall be maintained in a proper state of repair and safety, and state of preservation.
(8) All parts of the sign, inclusive of the frame, background, supports or anchorage, shall be maintained in a neatly painted condition.
https:l/export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ 14/16

12/5/24, 1 :53 PM export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ (C) All signs, other than painted-on wall signs, shall be inspected by the building official. (Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) § 4-2-15 PERMITS.
(A) No person shall place any sign regulated by this chapter without first obtaining written consent of the owner, lessee or person having lawful possession of the property upon which such sign will be placed.
(B) A sign permit shall be required for all signs hereinafter constructed, erected, installed, applied, affixed, substantially altered, relocated, or painted on, within the corporate boundaries of the city. (C) The following signs must conform with the regulations of this chapter, but do not require a sign permit:

1. For sale, lease or rent signs; and

2. Residential signs for single-family dwellings.
(Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) § 4-2-16 SIGN PERMIT APPLICATION INFORMATION.

A building permit must be obtained from and fees paid to the Building Department. Sign permit application information is as follows:
(A) Name, address, and phone number of the applicant, property owner and agent; (B) Name and address of the use for which the sign is intended, and parcel number of land on which it is to be placed;
(C) Three copies of a scale drawing illustrating the sign(s); if lighted, the method of illumination, and height of sign;
(D) Three copies of a scale drawing illustrating parcel development (existing structures, parking, and street improvements), and location of proposed sign(s); and (E) If the sign is a wall sign, three copies of a scale drawing illustrating the elevation of the building facade. The drawing shall show the proposed sign(s) and existing sign(s). (Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) § 4-2-17 VARIANCES.
(A) A request for variance from the strict application of sign ordinance provisions may be made to the Planning Commission.
(B) A public hearing before the Planning Commission pursuant to§ 5-6-10(C) of this code shall be required.

1. Findings of fact must be made by the Planning Commission pursuant to§ 5-6-10(8) of this code before a variance can be approved.

2. Appeals of a Planning Commission decision can be made to the City Council as prescribed by § 5-6-10(0) of this code.
(Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) § 4-2-18 APPEALS.
(A) Appeals from administrative decisions rendered on sign ordinance interpretation and its strict application may be made to the Planning Commission. Upon proper application and hearing, a decision shall be rendered by the Planning Commission as to the reasonableness of the administrative decision based upon applicable ordinance standards.
https://export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ 15/16

12/5/24, 1 :53 PM export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1 d03d/download/ (B) 1. A public hearing before the Planning Commission shall be required for an administrative appeal.

2. A public hearing before the Planning Commission shall be noticed by mailing notices to all property owners within 300 feet of the property in question, these property owners as listed on the last equalized assessment roll of the County Assessor. Such notices shall be mailed out not less than eleven days prior to the date of the hearing.
(C) 1. Within ten days following the decision of the Planning Commission on an administrative appeal application, the decision may be appealed to the City Council by the applicant or any other interested party. The appeal shall be filed with the City Clerk. The appeal shall state specifically wherein the decision of the Planning Commission was inappropriate.

2. A public hearing before the City Council shall be required as prescribed in § 5-6-6 of this code. (Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) § 4-2-19 ENFORCEMENT.
(A) Notice. If the City Planner finds that any sign or other advertising structure regulated herein is unsafe, or is a hazard to the public, or is abandoned or maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of the provisions of this chapter, or otherwise does not meet the criteria specified in §§ 4-2-7 , 4-2-9-1 , 4-2-9-2 or 4-2-9-3 of this chapter, he or she shall give written notice to the sign user or property owner thereof. If the sign user or property owner fails to remove or alter the structure so as to comply with the standards herein set forth within one week after such notice, the City Planner may require a meeting with the violator as well as a notice.

If the violation is not corrected within one week after the meeting, a notice will be sent out to the property owners to clean up the violation within 24 hours. If that is not done, the case will be referred to the City Attorney for prosecution.
(B) Removal. The City Planner may cause any sign or other advertising structure which is an immediate hazard to persons or property, or is located upon public property in violation of this chapter, to be removed summarily and without notice.
(C) Disposal. Any sign removed by the City Planner pursuant to the provisions of this section shall become the property of the city and may be disposed of in any manner deemed appropriate by the city.

The cost of removal of such sign shall be considered a debt owed to the city by the owner of the sign and/or the owner of the property and may be recovered in an appropriated court action by the city. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal, storage and disposal, and shall include court costs and reasonable attorney fees. (D) Penalty. Any person whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day during any portion of any violation of this chapter as committed or continued by such person, and shall be punishable as herein provided. (Ord. 596, passed 10-18-2011; Ord. 612, passed 4-1-2014) https://export.amlegal.com/api/export-requests/d2a925ed-931e-4635-b42c-953743b1d03d/download/ 16/16

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Authorizing the Interim City Manager to Issue " a Purchase Order to Purchase to Shape Incorporated for the Purchase of Three (3) Submersible Pumps in the Amount of $118,764.21
January 21, 2025
Mario Gouveia, PE, City Engineer
Christopher Lopez; Interim City Manager
RECOMMENDATION:

Staff recommends City Council authorize the Interim City Manager to issue a Purchase Order to Shape Incorporated for the purchase of Three (3) Submersible Pumps in the amount of $118,764.21 .

BACKGROUND AND DISCUSSION:

On November 13, 2024 the City of Livingston issued a Request for Proposals (RFP) to Supply Three Submersible Pumps to replace failing pumps at the Wastewater Treatment Plant (WWTP) Headworks, at Arakelian Storm Drain Lift Station, and the Joseph Gallo Park Storm Drain Lift Station. The three pumps are over 20 years old, have exceeded their useful lives, and are not cost effective to repair.

The City of Livingston received one Proposal in the amount of $118,764.21 from Shape Incorporated. The Engineer's estimate was $123,000.00.

FISCAL IMPACT:

Funding for the purchase was budgeted for 2024/2025 Fiscal Year and will be expensed from the Sewer Enterprise Fund, code 2101~815--7410.

ATTACHMENTS:

1. Resolution

2. Proposal
Page I of I

RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING THE INTERIM CITY MANAGER TO ISSUE A PURCHASE ORDER TO SHAPE INCORPORATED FOR THE PURCHASE OF THREE (3) SUBMERSIBLE PUMPS IN THE AMOUNT OF $118,764.21
WHEREAS, the City of Livingston determined the need to purchase three submersible pumps to replace failing pumps at the Wastewater Treatment Plant (WWTP) Headworks, at Arakelian Storm Drain Lift Station, and the Joseph Gallo Park Storm Drain Lift Station; and WHEREAS, the City of Livingston issued a Request for Proposals (RFP) on November 13, 2024;and
WHEREAS, the City of Livingston received a proposal from Shape Incorporated in the amount of $118,764.21; and
WHEREAS, the Engineer's Estimate was $123,000.00; and WHEREAS, the purchase of the pumps was budgeted for 2024/2025 Fiscal Year and will be expensed from the Sewer Enterprise Fund, code 2101-815-7410; and WHEREAS, Staff recommends the Interim City Manager issue a Purchase Order in the amount of $118,764.21 to purchase the three submersible pumps from Shape Incorporated.

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. Adopts a Resolution to Purchase three submersible pumps for the cost of $118,764.21.

Section 3. Authorizes the Interim City Manager to issue a purchase order to Shape Incorporated to purchase three submersible pumps in the amount of $118,764.21.

Section 4. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025-_ 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 21st day of January, 2025, by the vote recorded as follows:

AYES:

NOES:

ABSTAIN: ABSENT:

Jose Moran, Mayor
of the City of Livingston
ATTEST:

Monica Cisneros, Deputy City Clerk
of the City of Livingston

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

• a UFT company•
S,initation • Hydraulic • And • Process • Equipment
November 26, 2024
City of Livingston
1416 C Street
Livingston, CA 95334
Subject: Section 431240 Submersible Pumps - Shape/Flygt Bid Package Good afternoon,
As the representative of Shape Inc., I am confirming I am authorized to bid your request for a "Supply of three submersible pumps." Our intentions are to have the best pricing and terms in our proposal. We are committed to supplying the equipment, effectively communicating throughout the timeline and delivering the products.

Regards,
. h Olgllally slgned by Nick Chavez Nick C avez Oat~2024.11.2614:41:32 -08'00'
Nick Chavez President
Shape, Inc
2356 Gold Meadow Way, Ste 270
Gold River, CA 95670
(209) 324-8058

PLEASANTON
3825 Hopyanl Rd, Ste 195
Pleasanton, CA 94588
Phone (92S) 485-9720

SACRAMENTO
2356 Gold Meadow Way 11270
Gold River, CA 95670
Phone (916) 892-5147

STOCKTON
119 Val Der,in Parkway# 2
StocklOO, CA !15206
Phone (209) 234-5909

PROPOSAL TO THE CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER~S~ha~pe~ l.!..:; nc _________________ _
BUSINESS P.O. BOX 3825 Hopyard Road #195
CllY, STATE, ZIP Pleasanton, CA 94588
(Please Include even If P. 0. Box used)

BUSINESS STREET ADDRESS
_
3 _
82 _
5 _
H
_
o...:. p.:.... ya_rd_ Ro_a_d_#_1_95 ________ _
CllY, STATE, ZIP Pleasanton, CA 94588
TELEPHONE NO.: AREA CODE ) 925-485-9720
(FAXNO.: AREA CODE ) _____________ _
CONTRACTOR LICENSE NO. (if applicable): _________ ___ _

ADDENDA
This Proposal is submitted with respect to the changes to the contract included in Addenda Number/s (Fill in addenda numbttrs If s.dd1tndt1 have be11n mcelved and Insert, In this Proposal, any Engineer's Estimate sheets that were received as part of the Bddanda.)
The Contract Documents for the work to be done are dated NOVEMBER 2024 and are entitled:
630.13

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

REQUEST FOR PROPOSALS
SUPPLY OF THREE (3) SUBMERSIBLE PUMPS
BID 1-3

ITEM
NO.
1 2
3 CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

BIO SCHEDULE
for the
SUPPLY OF THREE (3) SUBMERSIBLE PUMPS

ESTIMATED UNIT

BID ITEM DESCRIPTION QUANTITY PRICE
Supply of wwrP Headworks Pump 1 LS $33,889.00 Supply of Arakelian Park Storm Drain Lift Station Pump 1 LS $ 42,444.00.00
Supply of Joseph Gallo Park Storm
Drain Lift Station Pump LS $33,889.00
ITEM
TOTAL
$33,889.00
s42,444.00
$33,889.00
TOTAL BID $ 118,764.00.00 7.75% Tax INCLUDED
NOTE: "TOTAL BID" shall include equipment cost, labor, taxes, freight and delivery costs. Once selected, Contractor will be required to provide a breakdown of these costs for the purchase order to be issued by the City of Livingston.
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630.13
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Technical specification
configuration
-•numhr
N3153.09S 21-11-4M-W
20hp
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11/19/20241Mt .... 11/19/2024

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Technical specification
Motor - General
MolDr-r
N3153.09S 21-18-4.AA•W
20hp
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FM
60Hl
Version oodo
095
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JERRY EAVES
11/19/2024 t.ttup<l119 11/19/2024

NP 3153 MT 3- 434
Performance curve
Duty point
Aow
1800 US 1-P•"'·
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ll/19/2024 Lat update ll/19/2024

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Duty Analysis ..
a xylem b,and
Curves acxotdlna to: Waler, pure [1"°"); 39.2"1'; 62.42lb/ft'; 1.6891E-5ft'/s 11798 us-. -~ 1
0 200 400 600 800 1000 1200 1400 1600 1800 2000
Wornn,1(....,)-- u-.....i_.-llrimaatrunHs-&la.ldboe,p,ctodUla-d-.llCUl111-. "'-8......,l'f"6IOCIIIF1)'11,.,..._-lorperbmn,eg-.

Operating characteristics
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1.atupale 11/19/2024
34227nm
2200 [US g,p.m]

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227nm(P1)
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VFD Analysis
52 48 44 40
36 32
20 16
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Specif IC energy
(kWh/USM$)
125 kWh/US~-
r 1198.s us g.p.m I 01..i.,_....,.,..;;;;:::::;:;;:,.......,. __ ...,.......,,_.....-!,...,.,...:;40~Ht~..,...,•~..,....,...J.f .:,. 17:_:98~LS~g.~p~.m~ ..... ..,...,fMp'..-.-,-I 4 0 200 400 600 800 1000 1200 1400 1600 1800 2000 2200 [US g.p.m) -"""""'--Un<lo<•--.,.._.-1111.--bo-lodduelo1--•""-· -.-..it-lOCIIFl)Vt--lot~•---· Oparatln1 Characteristics ,...,,,, ·- , .... - -- , .... - -- ..,...,,_ spodllc-n Sywl:Mllt !! usa~"' ft !!! -.ISMG -• 1 60111 1800 20 16 1800 20 16 56.S,I 137 30.4
1 55Hl 1650 16.8 12.4 1650 16.8 12.4 56.5" 104 26.4
l SOHl 1500 U.9 9.29 1500 13.9 9.29 56.5" 86.6 22.7
1 45Ht 1350 11.2 6.77 1350 11.2 6.77 56.5" 71.2 19.2
Xylect-20222299 CN.,.d by JERRY EAVES
Cftatad on 11/19/2024 11/19/2024

NP 3153 MT 3 ... 434
VFD Analysis
[fl] Head
84 8
CuNu 1ccocdln ·r,,:
.~
a xylem brand
lE•Slt' s
Specific energy
lll'hh'US~l
72 68,
64 60
56 52
48 44
40 36
32 28
24 20
16 12
;- l 12skWM.S~ l
8 /
I
1 Ml-I
l
----t~ ~
j 1198.5 US g.p.m J
o.1-.,....--.a;:::;:::;::;::.:.,...,.-,-.__.,,_.,~..,....i,,.........;40~ Hl ~-~ ............ .;.l .. 1!.!1;:oo~us~~-P!!_·!!: l'I\;..; ~ -..,...,--....! 0 200 400 600 800 1000 1200 1400 1600 1800
4 2000 2200 {US g.p.m.]
--)--Uldff.a,,d __ ,............. --~ .. --..c1ue .. --.v-- Pl-•...,. ... •l""-~--lorpe,toona,<:o--. Operating Ch1racterl$tlr;s 1200
-

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--

4.75 .... ..,.. ...

51.Z 15.9
1t/U/20'lll

NP 3153 MT 3"' 434
Dimensional drawing
P,a)Kt
llodl
Xylect-20222299
~trllBnllrt~
-,MBM\Rlt~mtai.
en.ad by JERRY EAVES
r:te-4 on 11/19/2024 wtupclala
J;"L~
a xylem brand
14 11/19/1024

NP 3153 LT 3"' 413
Patent•d .. 11 cleanlna semH)J»n channel Impeller, ~alforpumplnc In mostwastw wablrappicatlons. Modulubued de1fln with high adaptation 1rade.

Technical specification
Configuration
MotDr 1tt1rnber
N3153.09S 21-18-4.V.-W
20hp
...... llord-ter
217mm
NW!allon1'/119
P - Semi pannanent. Wet
Dltc"-d-lllr
8 inch
a xylem brand
Curves according to: Wll.ot, P""' Water, p11111 (l~l.39.2 'F,62.42 lb/ft',1.6891E-5 fr' • 111:._
..
,IQ) IOO 1200 IIIOO 2COO :UOO IIJS9'•"'-I
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200mm
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11/19/2D24L•t ...... 11/19/2024

NP 3153 LT 3"' 413
Technical specification
Motor - General
_, .......

NU53.095 21-18-4AA-W
20hp
A,pnMI
FM
'"""•ncy 60H,
I/anion code
095
Motor • Technical
Pawu-•l/llMI

0.83 Pawerfldor• J/4 Lad

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C..lletl on 11/19/2024 lat upd• 11/19/2024

NP 3153 LT 3"' 413
Performance curve
Duty point
Flow
uoous,.p.m.
...............

TU .a,1-•1 .. t••~
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Heal
27ft
..... ........
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-- ----------,21:~

JERIIY EAVES
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l)tt13217...,
1l211tl'WD
1fOO (USO,,-"')
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11/19/2024

NP 3153 LT 3-413
Duty Analysis
a xylem brand
Cuives 1a:ordln1 lo: Waler, pun \lomll; 39.2"f; &2.42lb/ft'; 1.6891E-5ft'/s 0 400 800 1200 1600 2000 2400
-•(,_,, _.,_,_u,_. orc1o,a-o,nirll8'CtlfrcrnlNl!tllall.udlla-ldUID-drrMleculng Ids...,., ,.amoanul)Q' l°""Fl111lr.ma1:11Mb portcr,.,..,..g..,..-.

Operating characteristics
PIDjoct Blodt
---
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U
-
S ii, rn
1800
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--
IM11N:MOH4
craadby
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JERRY EAVES
11/19/2024 i..tupdate

77.2"
11/19/2024
13217nm
(t.sg.p.m]
135 27.1

NP 3153 LT 3"" 413
VFD Curve
a xylem brand
Oirns attOldl,. lo: W•lj!<, ••"l,39.2 •F,62.42 lb/ft',1.6891E-5 ftl/1 [ft) Head
lciency
erall efficiency
2 13217mn 13217mn
132171'1111
13217mn
16+-...-........ ....,....--,---.---,--,~..--..--..---.--,---,--r"-,---r--.--,r--r-.--..--..,......-,--,--,-....,...--,-~-,--' 0 400 800 1200 1600 2000 2400 [US g.p.m)
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NP 3153 LT 3"" 413
VFO Analysis
I
/
I
i
I
~L
1200.4 l.6 g.p.m I
.-0 Hz: . 1801 LS .p.m
]FL~
" xylem brand
124k'Ml/l.St.G_J
-----~ftt
-----
57,_8~MG
0 400 800 1200 1800 2000 2AOO N,,rjnalC,,-,f _____ ,,_1ca,eu"""!lnclo'oi.,_bo __ Mlo--l'Old-. [IJSg.p.m) -•cmlAt_l_fl)!ll __ lcr~--·
Operating Characbmstics
_,,,,
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1 1 1 1
---
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110 Hz
SSHt SOHt
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1800
111....._..a.
-
27 1650 22.7 1500 18.8
USO 15.2
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ft
15,9 21

12.3 1650 22.7

9.23 1500 18.1

6.73 1350 15.2
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Slloft- ~.air. s,,odfk15.9 Ill 77.21' 135 Mh\JSMG -27.8 12,3 77.21' 103 24.2

9.23 77.21' 8S.9 20.8

6.73 77.21' 70.7 17.6
latapd• 11/19/2024

NP 31S3 LT 3"' 413
VFD Analysis
[ft) Head
66 64
!'
I
/
I
I
in.~
a xylem brand
ut!! l~ ·
_
,i9.l"F 62.4llb It>: U891E-5111 •
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- - :-s,.s kWh/US-~ ,
1200.4 lS g.p.m
40Hz 1801 us- ~p.m l
0 400 800 1200 1600 2000 2400
-nll(moonld.llO-~ .... -~-INs- -da._...._lQo_..-ulog __ Pk!ue._llt.,...!OOIIA)QI _ _ ..,.........,.....,_, [USg.p.m]
Operating Characteristics
1 40Hl
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-
ft
1200
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-
ft
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-
111\MiSMG 11

4.72 77.2" 57.1 14.6
11/19/2024

NP3153 LT3 ... 413
Olmenslonal drawing
---
Projoct
IIDcl
,.,. ........ , ... ;ti.

Xyled-20222289
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C-dby JERRYEAVES
C..-d "" 11/19/2024 i...t 11pda xylem b,and 15 11/19/2024

NP 3153 MT 3"' 433
P•tenltd self deenirla Hmk>pan chtnnellmpel1er, ldtalforpumpl111 ln Modwrbt•ed wl1hhflh
adapt1t1an gr1de.

Technical specification
Conflgurat Ion
-•nvmbar
N31S3.095 21-11-4AA·W
2Dhp
,.,._1t,dlllne1ar
234.mm
mulllllo• tw,e
P - S•ml pannantnt. Wot
Pls.,....dia,lelar
e Inch
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a xylem brand
W11<r, pure Water, pur. [1~),39.2 'F,62.421,/fl',1.6891E·S ft' s P
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234mm
l!lletdllllltlar
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11/19/20241.at upda 11/19/2024

NP 3153 MT 3"' 433
Technical specification
Motor - General
M01Drnu-•
N3153.095 21·18-4AA•W
20hp
..,,__.

FM
60Hz
W.nlollcodl
095
Motor • Technical
Powerfattw-3{4 lold

0.77 ,_, __ 1/Z lold

0.66 --
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...
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Mnlr -1/l Loal
8'.0"
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2.15 n,tt>
...,....,,.nt,dlnlctt-11ns
296A
~of Duty
S1
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JERIIYEAV(S
11/19/2024 Lei updaW 11/19/2024

NP 3153 MT 3- 433
Technical specification
Motor• General
_, ........

N315J.09S 21-lHM-W
20llp
-. ........
™
F,. ... ...,
60Hz
V.~IHc:od•
09S
Motor • Technical
Powerfamw • 1/1 I.old

0.83 -·•'"""'· 1/JLood

0.66 Pnt)ect
IIDcli
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....
230V

87.51' MOIIDr efficiency• J/4 Loal

89.0"
--ncy• 1/J.LDal

89.016
...... _..
l7S5rpm
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--•ct.s
H
Tolll-1Mntof ... 11ia
UStbfl'
....,._'"'._~ ......
296A
--•-ot.•tar-tl98.&A
s ~
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20hp
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30 a xyl:em brand
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11/19/2024 L•t llP'la 11/19/2024

NP 3153 MT 3"' 433
Performance curve
Duty point
Flow
1640 us c.p.m.

Hoad

29.4ft
...
a xylem. brcmd
Curves according 1<1: Wrtor, puNNater, pure llO°"J,39.2 "f ,62.42 lb/ft',1.6891E•5 ft'-/s --------l~

1.$,,.,
...ail'-~~=====-==~=========l====:==--~r ~16 - lD234mm(Pt) :1-===============-------------,-----._..;..._.,.,,_1P21 Ln•:;J ..... U••
-----
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11/ 19/2024 lat u,....
2000
---f
2200 (US g.p.rn.)
O.V.: ISO!l906
11/19/2024

NP 3153 MT 3"' 433
Duty Analysis
a xylem brand
curves acxonllnl to: Water, pure (1~); 39.2'F; 62.421b/ft'; t.6B91E-5ft'/s 0 200 400 600 800 1000 1200 1400 1600 1800 2000
NcwriNl(.-)--Undor•lnl"""•.,...-•om.._,_~i,ii_,i.turo--ng-. "'-9ar,sllll'M' , .... A1111 r~b prd,-o--
Operatlng characteristics
,...,.__,, ...

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11,, • ..,.,n,,.,..,.,,,,.,
flow
us g.PJ!!..
1640
-
It
29A
>lyll!Ct-20222277
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1640 29.4 18.1 &75"
Crellffby JERRY EAVES
c,. ... d Oft 11/19/2024 l.al11rpd ... 11/19/2024
2200 [U.S g.p.m)
169 26.2

NP 3153 MT 3"' 433
VFD Curve
lfll Head
88 liclency
erall efficiency
J7L~
a xylem btand
curves accordln& IO: wam, pu,.,39,Z 'F,62.421b/lt'. l.6891E-Sft'/s 234rrm
33234rrm 33234rrm
33234nm
o 200 400 600 800 1000 1200 1400 1600 1800 2000 2200 (l.S g.p.m) =:i.:=;>,=a:~.."""m::.."Zi:::=:==:.-be--duolD-.-,Vld-. ont:IS0990II l'nljoct llylect-20222277 Cllllllld 11v JErtltY EAVES
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NP 3153 MT 3~ 433
VFD Analysis
I
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,/
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a xylem brand
Specific energy
[kWhfUSM3J
_ ,I 155 kVVl1'US WG .
• 1 71 kWh/US I\G l
- - - --(29.4_!!!
33234nm
1093.3 US g.p.m
o~-"'""a:;::;;..... ............. ..,..., .................. .,..:.,...,....,.... 40~Hz ...... .,...,._. ...... ...;...1;.:640-t' "l'us.g.e.~~ .. m..,...1 _ _,...,...,....._,...,..,...,..~ 4 0 200 400 600 800 1000 1200 1400 1600 1800 2000 2200 (US g.p.m) -nol(-ldet&.,_,_lkldof ..... <M<~-W•--bt~clJoll>-~ICII-. Pl_...,.,.ll"'"l_ll)'l __ lor~-- Operatifig Characteristics .
,..,,,., ,_ ...... - _,_ - - -- ...,...,,_ s,..m......., Sy,tilffll
-
1 1
6DHI
SSH&
SOHi
45Hr
Project
llock
1/.l~,-i,1 ft
1640 29.4
1500 24.7
1370 20.4
1130 16.S
Xylect-202222n
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18.1 13.9
10,5

7.63 USlffi t
1640 29.4
1500 24.7
1370 20.4 1230 16.S
c .... oy JERRY EAVES
11/19/2024
Ill -.J8MG ft

18.1 67.S1' 169 26.2 13.9 67.S1' 129 22.a 10,5 67.5" 107 19,6

7.63 67,5" 87.4 16.S
Lat u..,_ 11/19/2024

NP 3153 MT 3"' 433
Dlmenslonal drawing
' I I ~trlltmlla1dq
--alimllJMl!fMtlaRBt&l.
....
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C..otetl on 11/19/202' i.tupdolw U/19/2024

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Adopt a Resolution Approving the Installation of Two (2) Light Poles from Potential Electric Inc. at Max Foster Sports Complex in the Amount of $9,230.00 and Authorizing the Interim City Manager to Execute all Required Documents
January 21, 2025
Anthony Chavarria, Director of Public Works
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution approving the installation of two (2) light poles from Potential Electric Inc. at Max Foster Sports Complex in the amount of $9,230.00 and authorizing the Interim City Manager to execute all required documents.

BACKGROUND/ DISCUSSION:

The City's parks are used by residents for many activities such as walking or sports during the evening hours. Max Foster Sports Complex has been identified as a City facility with frequent usage for evening sports and leisure activities by residents. Staff recommends installing additional lighting fixtures to accommodate their usage during evening hours.

Staff reached out to three (3) vendors to request quotes for the installation of the two (2) light poles and Potential Electric Inc. submitted the lowest responsible bid.

Vendor Quote
Potential Electric Inc. $9,230.00
TBS Contractors $12,500.00
Valley 29 Electric $13 125.63
Staff recommends approving the Potential Electric Inc. proposal for the installation. We have used Potential Electric Inc. for a couple of projects this fiscal year, including the installation of solar lights in the City Hall parking lot and installation of an electrical circuit at Public Works Corp Yard. In Fiscal Year 2024/2025 $6,319.37 has been paid to this vendor and this project will exceed the total $10,000 spending authority under the City Manager's Office, necessitating City Council's approval for any additional expenditures related to Potential Electric Inc.

FISCAL IMPACT:
$9,230.00 expended from Fiscal Year 2024-2025 approved budget from the LMD and CFD Funds.

Fund Amount
CFD: 1213-475-7410 $4,615.00
LMDs: 1211-(301-326)-7410 $4,615.00
Total Amount: $9,230.00

ATTACHMENTS:
1 . Resolution

2. Proposal from Potential Electric Inc.

3. Proposal from Valley 29 Electric

4. Proposal from TBS Contractors

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE INSTALLATION OF TWO (2) LIGHT POLES FROM POTENTIAL ELECTRIC INC. AT MAX FOSTER SPORTS COMPLEX IN THE AMOUNT OF $9,230.00 AND AUTHORIZING THE

INTERIM CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS, the City's parks are used by residents for many activities such as walking or sports during the evening hours; and
WHEREAS, Max Foster Sports Complex has been identified as a City facility with frequent usage for evening sports and leisure activities by residents; and WHEREAS, staff recommends installing additional lighting fixtures to accommodate their usage during evening hours; and
WHEREAS, staff reached out to three (3) vendors to request quotes for the installation of the two (2) light poles and Potential Electric submitted the lowest responsible bid; and WHEREAS, staff recommends approving the Potential Electric Inc. proposal for the installation; and
WHEREAS, we have used Potential Electric Inc. for a couple of projects this fiscal year, including the installation of solar lights in the City Hall parking lot and installation of an electrical circuit at Public Works Corp Yard; and
WHEREAS, in fiscal year 2024/2025 $6,319.37 has been paid to this vendor and this project will exceed the total $10,000 spending authority under the City Manager's Office, necessitating City Council's approval for any additional expenditures related to Potential Electric Inc.; 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 approving the installation of two (2) light poles from Potential Electric Inc. at Max Foster Sports Complex in the amount of $9,230.00.

Section 2. Authorizing $9,230.00 to be expended from Fiscal Year 2024-2025 approved budget from the LMO and CFO Funds.

Fund Amount
CFO: 1213-475-7410 $4,615.00
LMOs: 1211-(301-326)-7410 $4,615.00
Total Amount: $9,230.00
Section 3. Authorizing the Interim City Manager to execute all required documents.

Section 4. This Resolution will become effective immediately. 01424 000IIIOI082R. I Page 1 of 2

I hereby certify that the foregoing Resolution No. 2025-_ 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 21 $' day of January 2025, 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
01424.0001/1010828. I
By:-----------

Jose A. Moran, Mayor
of City of Livingston

Sept 11, 2024
LICENSE#1021821
[email protected]
Bid Proposal
Submitted by: Potential Electrical Inc. Submitted to: City Of Livingston Job Name: Max Foster Sports Complex
Job Location: Walnut St, Livingston, CA 95334
We hereby propose to perform the necessary labor and material for the completion of electrical work according to the codes with CEC 2018 and NEC 2020.

Scope of work:
• Install (2) N9 Christy boxes, (1) between existing Poles 1 and 2 and (1) between existing poles 2 and 3 . • Install (2) new poles (pole 4 and 5), with 3 arms/w fixtures each, by the Christy boxes. Each pole will have a cement column of 2'ft diameter and 6'ft deep reinforced with rebar.

Notes:
• City of Livingston will provide the poles, arms, light fixtures, and anchor bolts . • Potential Electric will be responsible for the labor, cement, rebar, Christy boxes, and anything else required for completion of project.

Total Job Cost: $9,230.00 / nine thousand two hundred thirty and zero cents.

ACCEPTANCE OF CONTRACT
Signatures below authorize the Electrical subcontractor, Potential Electric Inc, to complete electrical work and material as specified in blueprints at the location mentioned above.

City Of Livingston (representative):

Potential Electric Inc. President:

P.O. Box 11038 Fresno, CA 93711
Office: (559) 682-7990
Date:

Date:

Proposal # 716

1605 E Gerard Ave, Merced, CA 95341
209-384-8424 Phone I 209·384-7629 Fax
Proposal
October 22, 2024 City of Livingston
Department of Public Works
ATTN: Tony Avina, Public Works Superintendent
1416 "C" Street
Livingston, CA, 95334
RE: City of Livingston Max Foster Sports Complex
TBS Contractors proposes to complete the following:
- Provide and install (2) light pole bases and stand City provided poles. Will provide water boxes and pull boxes as needed. Will hook up to electrical power'.

For the total price of:
$12,500.00 (Twelve Thousand Five Hundred Dollars)
Exclusions: No compaction testing, permits, SWPPP, or traffic control. Excludes any asphalt and asphalt patching. All work not expressly explained in the proposal is excluded.

Thank you,
Andy Taylor
Proposal accepted by: Date:

...

Pil/A.1:.L£Y ~

ELECTRIC
Valley 29 Electric, LLC
Estimate
Project: Max Foster Park Lights
Attention: City Of Livingston
Bid Date: 8/22/2024
Included
Permits D
Fees D
Utility Charges 0
PG&E Charges 0
Concrete Work 0
Overtime D
Temporary Power 0
Engineering 0
Excluded
0 0
0 0
D
0 0
0 PO Box 635
Newman, CA 95360
lie # 1067696
Tel: 209.862.3690
Proposal# 6
cc: [email protected]
Expires: 9/21/ 2024
Yes No
Sales Tax Included 0 D
Installed 0 □ Per Plans/Specs 0 0
Freight Allowed 0 El
Scope of Work: Find and rework the existing conduit for the lights. Reroute the conduit to accommodated the two new light poles. Install two Sono tubes footings to the manufacture specs. Pour the new footings.

Pour a pad around the existing concrete junction box. Install lighting t imer for the two new light poles.

Excludes: Purchasing of the power pole and light fixtures. Fixing and or replacing any ornamental plants, grasses, rocks ,trees, scrubs, etc.

Clarifications: Valley 29 Electric will find and rework the exciting conduit that feeds the two exciting light pole. They will be rerouted to the new light pole locations. Per the manufacture specs, the footings will be constructed and poured with concrete after the footings have had time to cure. Valley 29 electric will install the light poles that the City of Livingston will provide. Any changes made will be subject to a change order.

Page: 1

Terms: Valley 29 Electric Terms:

Progressive, net 15 days completion, upon approval of credit. This proposal is valid for 30 days.

Additional work or changes ordered by owner or made necessary because of conditions unknown at the time estimate was made, will become an extra charge. All agreements must be made in writing. All contracts are contingent on approval of credit.

CONTRACT TERMS
VALLEY 29 ELECTRIC hereby accepts the terms of the attached contract subject to Contractor/Owner's agreement with the terms set forth in this Addendum which shall supersede any conflicting terms in any other contract document. Any of the Contractor/Owner's terms or conditions in addition or different from this standard addendum are objected to and shall have no effect. Contractor/Owner's agreement herewith shall be evidenced by Contractor/Owner's signature hereon or by permitting VALLEY 29 ELECTRIC to commence work for the project.

1. VALLEY 29 ELECTRIC shall be paid monthly progress payments on or before the 15th of each month for the value of work completed plus the amount of materials and equipment suitably stored on or off site. Final payment shall be due 30 days after the work described in the Proposal is substantially completed. No provision of this agreement shall serve to void the VALLEY 29 ELECTRIC's entitlement to payment for properly performed work or suitably stored materials or to require the access to continue performance if timely payments are not made to VALLEY 29 ELECTRIC for suitably performed work or stored materials or to void VALLEY 29 ELECTRIC's right to file a lien or claim on its behalf in the event that any payment to VALLEY 29 ELECTRIC is not timely made.

2. The Contractor will withhold no more retention from VALLEY 29 ELECTRIC than being withheld by the Owner from the Owner with respect to VALLEY 29 ELECTRIC's work.

3. All sums not paid when due shall bear an interest rate of 1.5% per month or the maximum legal rate permitted by law whichever is less; and all costs of collection, including a reasonable attorney's fee, shall be paid bv the Contractor/Owner.

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Terms: 4. No back charges or claim of the Contractor/Owner for services shall be valid except by an agreement in writing by VALLEY 29 ELECTRIC before the work is executed, except in the case of VALLEY 29 ELECTRIC's failure to meet any requirement of the Subcontract Agreement. In such event, the Contractor/Owner shall notify VALLEY 29 ELECTRIC of such default, in writing, and allow VALLEY 29 ELECTRIC reasonable time to correct any deficiency before incurring any cost chargeable to VALLEY 29 ELECTRIC.

5. Contractor/Owner is to prepare all work areas to be acceptable for VALLEY 29 ELECTRIC work under the subcontract. VALLEY 29 ELECTRIC will not be called upon to start work until sufficient areas are ready to insure continued work. The Contractor/Owner shall furnish all temporary site facilities including suitable storage space, hoisting temporary electrical and water at no cost to VALLEY 29 ELECTRIC unless included in the VALLEY 29 ELECTRICS Scope of Work above.

6. VALLEY 29 ELECTRIC shall be given a reasonable time in which to make delivery of materials and/or labor to commence and complete the performance of the contract.

VALLEY 29 ELECTRIC shall not be responsible for delays or defaults where occasioned by causes of any kind and extent beyond its control, including but not limited to:

Delays caused by the owner, general Contractor, architect and/or engineers, delays in transportation, shortage of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accidents and acts of God. VALLEY 29 ELECTRIC shall be entitled to equitable adjustment in the subcontract amount for additional costs due to unanticipated project delays or accelerations caused by others whose acts are not VALLEY 29 ELECTRIC's responsibility and to time extensions for unavoidable delays.

The Contractor/Owner shall make no demand for liquidated damages for delays in excess of the amount specified in the subcontract agreement and no liquidated damages may be assessed against VALLEY 29 ELECTRIC for more than the amount paid by the Contractor/Owner for unexcused delays to the extent actually caused by VALLEY 29 ELECTRIC.

7. VALLEY 29 ELECTRIC's equipment and work are guaranteed for a period of one year from the date of substantial completion or use by the Contractor customer or owner, whichever is earlier. THIS

WARRANTY IS IN UEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The exclusive remedy shall be that VALLEY 29 ELECTRIC shall replace or repair any part of its work which is found to be defective. VALLEY 29 ELECTRIC shall not be responsible for damage or defect caused by abuse, modifications not executed by VALLEY 29 ELECTRIC, improper or insufficient maintenance, improper operation or normal wear, tear and usaRe.

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Terms: 8. Work called for herein is to be performed during VALLEY 29 ELECTRIC's regular working hours. All work performed outside of such hours shall be charged for at a rate or amounts agreed upon by the parties at the time overtime is authorized.

9. Contractor/Owner shall purchase and maintain all risk insurance upon full value of the entire work and/or materials dehvered to t he jobsite, which shall include the interest of VALLEY 29 ELECTRIC.

10. The VALLEY 29 ELECTRIC shall indemnify and hold harmless the Contractor, Owner, Architect or others from damages only to the extent such damages were caused by any negligent act or omission of the VALLEY 29 ELECTRIC or anyone for whose acts the VALLEY 29 ELECTRIC is liable.

11. VALLEY 29 ELECTRIC shall not be held liable for any impacts, delays, labor overruns, material overruns and/or cost overruns related to its Work stemming from the current flu epidemic, and/or COVID-19 (Coronavirus epidemic) as defined by the United States Centers for Disease Control and Prevention. VALLEY 29 ELECTRIC shall further be entitled to a change order for any and all time and costs associated with said epidemic(s).

12. Materials Price Increase: In the event that there are significant increases in the prices that VALLEY 29 ELECTRIC pays for materials and supplies for the work to be performed between the date the Agreement is signed and the date that materials are purchased for the work to be performed, VALLEY 29 ELECTRIC shall be entitled to additional compensation from Customer as described herein. A significant increase in price is defined herein as an increase as to any specific items of materials of five percent (5%) or more. In such a case, Customer shall pay to VALLEY 29 ELECTRIC, on request, atl sums by which the cost to VALLEY 29 ELECTRIC for any such items of materials has increased beyond 5%. This would apply, but not be limited to price increases in electrical panels, transformers, conduit, conduit bodies, enclosures, wire, lumber, plywood, steel, sheet metal, fuel, manufactured products and equipment. VALLEY 29 ELECTRIC is entitled to demonstrate this price increase through the use of quotes, supplier list prices, invoices or receipts, when requested. VALLEY 29 ELECTRIC shall not be responsible for increased prices of materials when caused by delays, shortages or unavailability of materials due to conditions not caused by VALLEY 29 ELECTRIC.

Labor: $ 9,000.00
Addendum Noted Date Materials: $ 3,500.00
Equipment Fee: $350.00
Taxes: $ 275.63
Project Total: $ 13,125.63
Estimator: Juan Flores
Acceptance Date: Customer Signature:

Customer Po #
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AGENDA ITEM:

MEETING DA TE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution (1) Authorizing the Interim City Manager to Execute a Professional Service Agreement as Approved by the City's Attorney"s Office with Telstar Instruments, in an Amount not to Exceed $57,500 for Fiscal Year 202412025 and $40,000 per Year for Fiscal Year 2025/2026 and Fiscal Year 2026/2027 for a Wide Range of Services for City Water Wells and the Wastewater Treatment System. The Agreement Term is for Three (3) years in an Amount Not to Exceed $137,500, and (2) Authorizing the Interim City Manager to Enter Into Future Agreement(s) with Telstar Instruments for Two (2) Additional One (1) Year Terms in an Amount Not to Exceed $40,000 per Term
January 21, 2025
Anthony Chavarria, Public Works Director
Jesus Jr. Chavez, Water/Wastewater Manager
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (1) authorizing the Interim City Manager to execute a Professional Service Agreement as approved by the city's attorney's office with Telstar Instruments, in an amount not to exceed $57,500 for Fiscal Year 2024/2025 and $40,000 per year for Fiscal Year 2025/2026 and Fiscal Year 2026/2027 for a wide range of services for city water wells and the wastewater treatment system. The agreement term is for three (3) years in an amount not to exceed $137,500, and (2) authorizing the Interim City Manager to enter into future agreement(s) with Telstar Instruments for two (2) additional one (1) year terms in an amount not to exceed $40,000 per term.

BACKGROUND/ DISCUSSION:

The City of Livingston owns and operates nine (9) water wells, a wastewater treatment plant as well as nine (9) sewer lift stations and nine (9) storm lift stations which are essential to a city's infrastructure, providing reliable access to clean water and safeguarding public health. Water wells tap into underground aquifers, supplying potable water necessary for drinking, sanitation, and daily activities.

Meanwhile, wastewater treatment plants play a critical role in removing harmful pollutants and pathogens, preventing the spread of waterborne diseases.

Telstar Instruments has undertaken a wide range of tasks over the years and continues to serve the City of Livingston with various services, including but not limited to troubleshooting electrical components, SCADA, PLCs, sewer and storm lift stations, water wells, VFDs, and conducting instrument calibrations for flow meters at both water wells and the wastewater treatment system.

Telstar is a reputable business known for their swift and effective response times, especially for emergency situations. This year, they assisted our staff with an emergency repair during a VFD failure at Well 13, demonstrating their reliability and expertise.

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Additionally, Telstar is very familiar with all our systems at the water well sites and wastewater treatment plant as staff use them when their services are needed.

Understanding their ability and knowledge aids in optimizing the overall efficiency of the water system, ensuring that it can meet the demand of residents and businesses reliably. As a result, the city found itself regularly calling out Telstar for their services and diagnosing city water well issues to keep up with both demand and maintenance needs.

Lastly, proactive management of the water wells can support regulatory compliance and enhance the sustainability of the city's water resources, ultimately contributing to the long-term health and well-being of the community.

FISCAL IMPACT:
$40,000 expended from the Water Enterprise Fund (2100-810-4310) and $17,500 expended from the Sewer Enterprise Fund (2101 -815-4310) totaling $57,500 for Fiscal Year 202412025.

The total cost for the three (3) year term of the professional service agreement will be in the amount not to exceed $137,500.

The City may, in its sole discretion, extend the Term for two (2) additional one (1) year terms in an amount not to exceed $80,000.

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

ATTACHMENTS:

Resolution No. 2025-
Exhibit "A" Telstar Professional Service Agreement
Exhibit "B" Telstar Instruments Time and Materials Rates Exhibit "C" Telstar Instruments Scope of Services

RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) AUTHORIZING

THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT

AS APPROVED BY THE CITY'S ATTORNEY'S OFFICE WITH TELSTAR INSTRUMENTS, IN AN AMOUNT NOT TO EXCEED $57,500 FOR FISCAL YEAR 2024/2025 AND $40,000 PER YEAR FOR FISCAL YEAR 2025/2026 AND FISCAL YEAR 2026/2027 FOR A WIDE RANGE

OF SERVICES FOR CITY WATER WELLS AND THE WASTEWATER TREATMENT SYSTEM. THE AGREEMENT TERM IS FOR THREE (3) YEARS IN AN AMOUNT NOT TO EXCEED $137,500, AND (2) AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO FUTURE AGREEMENT(S) WITH TELSTAR INSTRUMENTS TWO (2) ADDITIONAL ONE (1) YEAR TERMS IN AN AMOUNT NOT TO EXCEED $40,000 PER TERM WHEREAS, the City of Livingston owns and operates nine (9) water wells, a wastewater treatment plant as well as nine (9) sewer lift stations and nine (9) storm lift stations which are essential to a city's infrastructure, providing reliable access to clean water and safeguarding public health; and
WHEREAS, water wells tap into underground aquifers, supplying potable water necessary for drinking, sanitation, and daily activities. Meanwhile, wastewater treatment plants play a critical role in removing harmful pollutants and pathogens, preventing the spread of waterborne diseases; and
WHEREAS, Telstar Instruments has undertaken a wide range of tasks over the years and continues to serve the City of Livingston with various services, including but not limited to troubleshooting electrical components, SCADA, PLCs, sewer and storm lift stations, water wells, VFDs, and conducting instrument calibrations for flow meters at both water wells and the wastewater treatment system; and WHEREAS, Telstar is a reputable business known for their swift and effective response times, especially for emergency situations; and
WHEREAS, this year, they assisted our staff with an emergency repair during a VFD failure at Well 13, demonstrating their reliability and expertise; and WHEREAS, additionally, Telstar is very familiar with all our systems at the water well sites and wastewater treatment plant as staff use them when their services are needed and understanding their ability and knowledge aids in optimizing the overall efficiency of the water system, ensuring that it can meet the demand of residents and businesses reliably; and WHEREAS. as a result, the city found itself regularly calling out Telstar for their services and diagnosing city water well issues to keep up with both demand and maintenance needs; 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 Professional Service Agreement as approved by the city's attorney's office with Telstar Instruments, in an amount not to exceed $57,500 for Fiscal Year 2024/2025 and $40,000 per year for Fiscal Year 2025/2026 and Fiscal Year 01424.0001/I 010828.1 Page 1 of 2

2026/2027 for a wide range of services for city water wells and the wastewater treatment system. The agreement term is for three (3) years in an amount not to exceed $137,500.

Section 2. Authorizing $40,000 to be expended from the Water Enterprise Fund (2100- 810-4310) and $17,500 expended from the Sewer Enterprise Fund (2101-815-4310) totaling $57,500 for Fiscal Year 2024/2025.

Section 3. Authorizing the Interim City Manager to enter into future agreement(s) with Telstar Instruments for two (2) additional one (1) year terms in an amount not to exceed $40,000 per term.

Section 4. Future year allocations will be budgeted within each fiscal year as part of the budget.

Section 5. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025-_ 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 21 st day of January 2025, 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
01424.0001/ 10 10828. I
By:------------

Jose A Moran, Mayor
of City of Livingston

CITY OF LIVINGSTON

CONTRACT PRPOFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein "Agreement") is made and entered into on January 21, 2025. by and between the CITY OF LIVINGSTON, a municipal corporation ("City") and Telstar Instruments (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. Consultant warrants that it 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 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1 ,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 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, an amount not to exceed $57,500 "Fifty-Seven Thousand Five Hundred Dollars" in FY24/25 and $40,000 "Forty Thousand Dollars" per year for FY25/26 and FY26/27 but not exceeding the maximum contract amount of $137,500.00 "One Hundred Thirty-Seven Thousand Five Hundred Dollars" for the 01222 0001/643601.1

term. The City may, in its sole discretion, extend the Term for i additional one-year terms, for an amount not to exceed $40,000 "Forty Thousand Dollars" for each additional term.

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 City's Director of Finance. By submitting an invoice for payment under this Agreement, 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 of up 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. 2

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, 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 determination 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 or if the approved budget has been exhausted but not exceed J years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit .. D"). [The City may, in its sole discretion, extend the Term for I additional one-year terms.

4. COORDINATION OF WORK

4. 1 Representative of Consultant. Konor Meeks 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. The City Manager 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 perform 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.
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5. INSURANCE AND INDEMNIFICATION

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 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.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 0 I 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, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$ 1,000,000 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. (d) Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).
(e) 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.
(t) 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.
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(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.
(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. 5

(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 ( J 0) 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. (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 6

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

6.1 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.
7

(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, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. section 101, 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 8

different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination 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 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 non•terminating 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. 9

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.

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 be 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 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

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 Pagel
11

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:

Tel star Instruments
By: _ ____________ _
Name: Kyle A. Johnsen
Title: Vice President
By: ___ _ _ ________ _
Name:

Title:

Address: 4017 Vista Park Court, Sacramento
CA 95834
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: I) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'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. 12

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 _ , 2024 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

D INDIVIDUAL
0 CORPORATE OFFICER

D D D D D

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(lES))
01222 00011643601 I

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE 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 ____ , 2025 before me, _______ . personally appeared ______ , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: ______________ _

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

CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER

TITLE(S)
PARTNER(S) 0

ATTORNEY-IN-FACT

TRUSTEE(S)

LIMITED

GENERAL
GUARDIAN/CONSERVATOR OTHER ____________ _
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01222 OOOl/641601 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:

V,
w
u
-
>
w
V,
• -=II~ t~ F .......,.,. ... _,_.__
EXPERIENCED iH, A WIDE
,.. RANGE ef INDUST.RIES: ;, , =
• Pharmaceutical/ life Sciences
• 1lndustrial/Manufaduring
.
• Water and Wastewater
l • Fo~d and Beverage
Planning, Design, & Engineering
• SODA Systems
-PLC/HMI Programming
• Control System Integration
•
.Utilities
• Instrumentation & Control Systems
• Ul SOSA Panel Design & Fabrication • Radio Communication/Surveys • CAO Design/Drafting • Design Build Services • Arc Flash Analysis
• Short Circuit & Coordination Studies
Construction & Installation
• Turnkey Instrumentation/Control Systems • Electrical Contracting -General Contractor -A Licensed -Industrial Electrical Cons1ruction • Controls Contractor -C1 O/C7 licensed
-Chemical Feed Systems
• Switch Gear/MCC's and VFD's
• New Construction Retrofit/Upgrades
-Process Instrumentation & Tubing
Service & Maintenance
• 24-Hour Emergency seivice
-ISA Certified Technicians
• Annual & Periodic Calibrations
• Preventative Maintenance:
n,ermal Imaging, MCC's & Electrical Equipment
• SCADA/PLC Upgrades
• Experience in GMP & FDA Regulated Environments
-Troubleshooling & Repair
· Contract Services.
-Remote Access Software Support

0)222.0001/64360l.1
EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

NOT APPLICABLE
B-1

EXHIBIT ''C"

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
01222.0001/643601 .1
T TAR*
INSTRUMENTS c 1 o Contractor License #422364
CONTROL SYSTEM INTEGR.ATION • INSTRUMENTATION SALES & SERVICE SCADA • PLC/HMI •Telemetry• Colibrotlon • Maintenance
The following rates w ill! apply if a common DIR# Is used either annually or semi-annually. If a new DIR# Is req1,1ired for every service ca II. an administrative fee will be charged.

TIME AND MATERIALS RAUS
PLC/HMI/SCADA Programmer-·-··-··-······ ....................... ·"· .......................... ·····-····-· $168.00/hour Electrical Engineer ....... ·" ·· ............. ···········-······-····...... ..................... . ............................ $175.00/hour Instrument Technk:ian ..... ,_ ..................................... •·-·····-········-.. ······· .. ····· .. ··· ............... $152.00 / hout Senior lc&E Specialist ........ ....... ........... • .. .. .................. ·····-···-····-·····--····· ................. $165.00 /hour California State Certified Journeyman Eleruician . ........................ ·--·······-····-··········· ...$1S2 .00/ hour *Mileace/Vehid e/T~ ls/T est Equipment.. .... ·-····- ······ .. ···-·· .. .,. ............................... , .. $165.00/ day *Fuel Surcharge {tf fuel prices exceed $4.00/ gallon) ............... _ .... - .... _............................. .... .. 20% Matenals Markllfl.•--·--.. ·· ................................................................................................... Cost +20% otAtHACATIONS. fXca>JION,S, M P (XWJS[pffS
a. Material price is valid for seven (7) days from date referenced on this quote (Refer to COViD clause RE: MATERIAi. PRICING AND DELIVERY under Terms and Conditioml b. This quotatjon is based on the inclusion of Telstar's standard Te, ms and Conditions as part of any purchase order, contract or other agreement.
c. Time and materials rates are valid through 6/ 1/2025 d. Technician billable time starts from point of origin and continues to time of return to Telstar office or point of origin. Travel time rs billed as straight time e. Overtime rate is applied for hours worked in excess of 8 up to and including 12 hours MondayFriday during normal b1.1siness hours of 7 am to 5 pm. Overtime is applied for hours worked up to and including 12 hours on Saturday and up to and including 8 hours on Sunday. Double-time rate is applied for hours worked in excess of 12 hours Monday-Saturday and for hours worked In excess of B hours on Sunday. Overtime rate wjll be billed at 1 5 times base rate and double-time will be hilted at 2 times base rate.
f . On-site service calls carry a 4-hour minimum per person; time over 4 hours is charged as 8 hours. The mlnfm~m charge for remote support is 2 hours. g. Telstar is available 24 hours per day, 7 days a week to provide remote and on•$ite service. Onsite emergency calls cany a 4-hour minimum. h. A fla,,t rate eme,-gency fee ,s charged for an unscheduled work. i. A fee of 2% will be applied to all invoices pald by credit card. 1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street. Hanford, CA 93230 Phone 559-584-7116. Fax 559-584-8028 C-1

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.

Ill. 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. 0 1222.0001/643601 I

EXHIBIT "D"

SCHEDULE OF PERFORMANCE

NOT APPLICABLE
D-1

TAR*
INSTRUMENTS C 1 0 Contractor License #422364
CONTROL SYSTEM INTEGRATION• INSTRUMENTATION SALES & SERVICE SCADA • PLC/HMI • Telemetry • Calibration • Maintenance The following rates will apply if a common DIR# is used either annually or semi-annually. If a new DIR# is required for every service call, an administrative fee will be charged.

TIME AND MATERIALS RATES
PLC/HMI/SCADA Programmer ........................................................................................... $168.00/hour Electrical Engineer ............................................................................................................. $175.00/hour Instrument Technician ....................................................................................................... $152.00 /hour Senior IC&E Specialist ........................................................................................................ $165.00 /hour California State Certified Journeyman Electrician ............................................................. $152.00/hour *Mileage/Vehicle/Tools/Test Equipment. ............... : ......................................................... $165.00/day *Fuel Surcharge (if fuel prices exceed $4.00/gallon) ....................................................................... 20% Materials Markup ................................................................................................................... Cost +20% CLARIFICATIONS. EXCEPTIONS, AND EXCLUSIONS
a. Material price is valid for seven (7) days from date referenced on this quote (Refer to COVID clause RE: MATERIAL PRICING AND DELIVERY under Terms and Conditions) b. This quotation is based on the inclusion ofTelstar's standard Terms and Conditions as part of any purchase order, contract or other agreement.
c. Time and materials rates are valid through 6/1/2025
d. Technician billable time starts from point of origin and continues to time of return to Telstar office or point of origin. Travel time is billed as straight time. e. Overtime rate is applied for hours worked in excess of 8 up to and including 12 hours MondayFriday during normal business hours of 7 am to S pm. Overtime is applied for hours worked up to and including 12 hours on Saturday and up to and including 8 hours on Sunday. Double-time rate is applied for hours worked in excess of 12 hours Monday-Saturday and for hours worked in excess of 8 hours on Sunday. Overtime rate will be billed at 1.5 times base rate and double-time will be billed at 2 times base rate.
f. On-site service calls carry a 4-hour minimum per person; time over 4 hours is charged as 8 hours. The minimum charge for remote support is 2 hours. g. Telstar is available 24 hours per day, 7 days a week to provide remote and on-site service. Onsite emergency calls carry a 4-hour minimum. h. A flat rate emergency fee is charged for all unscheduled work. i. A fee of 2% will be applied to all invoices paid by credit card. 1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028

T

INSTRUMENTS
INSTRUMENTATION ti' ELECTRICAL
FULL SERVICE DESIGN ti' CONSTRUCTION
• INSTRUMENT INSTALLATION & CALIBRATION
• SCADA/PLC PROGRAMMING & MAINTENANCE
• 24-HOUR EMERGENCY SERVICE
• EXTENDED MAINTENANCE
& SYSTEM SERVICES
• ELECTRIC

Planning, Design, & Engineering
• SCADA Systems • PLC/HMI Programming • Control System Integration • Instrumentation & Control Systems • UL SOSA Panel Design & Fabrication • Radio Communication/Surveys • CAD Design/Drafting VI • Design Build Services
W . Arc Flash Analysis
U • Short Circuit & Coordination Studies
-> Construction & Installation
o:: • Turnkey Instrumentation /Control Systems
w • Electrical Contracting
VI • General Contractor• A Licensed
• Industrial Electrical Construction • Controls Contractor- C10/C7 Licensed • Chemical Feed Systems • Switch Gear/MCC's andVFD's • New Construction Retrofit/Upgrades • Process Instrumentation & Tubing Service & Maintenance
• 24-Hour Emergency service • ISA Certified Technicians • Annual & Periodic Calibrations • Preventative Maintenance:

Thermal Imaging, MCC's & Eledrica/ Equipment
• SCADA/PLC Upgrades • Experience in GMP & FDA Regulated Environments • Troubleshooting & Repair • Contract Services -Remote Access Software Support

AGENDA ITEM:

MEETING DATE:

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
January 21, 2025
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 Authori:z:ing the Interim City Manager to Execute all Required Documents.

BACKGROUND/ DISCUSSION:

The council passed the above-referenced resolution (2024-85} on December 17, 2024. On January 13, 2025, Mike Reavill brought to our attention that the cost of automobile liability insurance would be too high, outweighing the amount he is receiving for services. Unfortunately, if automobile liability is not removed, he would be unable to continue providing streaming services for city council meetings.

Mr. Reavill presented a proposal to provide the city with streaming services for the city council meetings for the cost below. 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.

Regular Scheduled Meetinas $425.00
Rush Meeting with less than $500
48-hour notice
Mr. Reavill is knowledgeable about the City's sound, visual, and streaming systems. 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. 2025-

2. Exhibit "A" Contract Professional Services Agreement

RESOLUTION NO. 2025-

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. Remove Section 5(b), Automobile Liability Insurance from the Professional Services Agreement with Mike Reavill for Streaming Servies of the City Council Meetings.

Section 3. 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 4. Future year allocations will be budgeted within each fiscal year as part of the budget.

Section 5. Authorize the Interim City Manager to execute the professional services agreement attached hereto as exhibit A.

Section 6. This Resolution will become effective immediately. 01424.0001/910135.1

Resolution No. 2024-84 Page 2 of 3
l hereby certify that the foregoing Resolution No. 2025-__ 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 21 st day of January 2025, 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

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 CONSULTANT

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 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 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 0001/643601 I

City's Director of Finance. By submitting an invoice for payment under this Agreement, 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 of up 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 ( I 0) 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 determination 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 perform 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
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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 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.
(b) AufeJHol:Jile lit1t,ilit·1 iRS!:;1@:AQe. Consttltant skaU rneiRt&i-fl -auten;:iobile iHsuranee at lea5t as braet=l es lRsura0ee Ser.,iees Office form CA QO Ql eewering bodily iAj1:tf)' aAd property da1Bage fer aU eeli•t!ties of t:he CoHsultant arising out of or ie-eooneetiofl with Services lo be perfarmed lilABer-this--Agreemem, including eovemge tor OR)' owRed. hired, Aon owned or l'@ftteei vehicles, in EUl ameuflt :Rot less th.aft $1 ,000,Q0Q aombined--si11gfo limit for each aeeideRt. (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.
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(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
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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 101, 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 Termination 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