Maricopa City Council Agenda
Tuesday, May 27, 2025
6:00 p.m.
Location: Gusher Hall, 271 California Street, Maricopa, CA 93252 and is also available through Zoom Video Conferencing;
https://zoom.us/join Meeting ID: 816 0011 6666 Phone: 1(669)900-6833 Passcode: 884127
Any or all City Council Members may be attending the meeting remotely pursuant to California Governor's Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of Covid-19.
If you need help accessing ZOOM or have questions, please call us at City Hall-661-769-8279 I. Pledge of Allegiance, Moment of Silent Meditation, Call to Order II. Roll Call:
HIl. Mayor Morse
Mayor Pro Tem Bell City Administrator Eric Ziegler
Council Member Harris City Attorney Alan Peake
Council Member Horn City Treasurer Dorine Horn
Council Member Owens City Clerk Meghan Anderson
IV. Community Recognition
V. Reorder of Agenda
VI. Council Reports/Statements
a. Report by Public Safety/Sherriff Department/Fire Department b. City Clerk Meghan Anderson
C. City Treasurer Horn
d. City Administrator Ziegler
City Attorney Alan Peake
City Council Members
VII. Public Hearings:
Conduct Public Hearing re Unmet Transportation Needs and, if Warranted by Public Evidence and Testimony, Consider Adoption of Resolution Entitled a Resolution of the City Council of the City of Maricopa Finding There Are No Unmet Transit Needs Which Can Reasonably Be Met in the City of Maricopa for Fiscal Year 2025-2026
1. Mayor To Open Public Hearing
2. Staff Report to City Council
Mayor To Invite Evidence and Testimony from Maricopa Residents Re Unmet Transit Needs
4. In The Absence of Further Testimony, Mayor to Close Public Hearing Re Unmet Transit Needs
5. City Council Discussion of Unmet Transit Needs as Warranted
6. Consider Motion to Adopt Resolution Entitled a Resolution of The City Council of The City of Maricopa Finding That There Are No Unmet Transit Needs Which Can Be Reasonably Met in The City of Maricopa (2025-2026) VIII. Public Comment
PERSONS WISHING TO ADDRESS THE COUNCIL ON ITEMS WITHIN ITS JURISDICTION, BUT NOT ON THIS AGENDA MAY DO SO NOW. ANY ITEMS PRESENTED TO THE COUNCIL AT THIS TIME WILL NOT BE ACTED UPON.
Please Note: State law allows the City Council to briefly respond to questions on items raised by the public which are not on the agenda Govt. Code Section 54954.2 (a). Alternately, the Council may choose to direct staff to provide information at the following meeting, any member of the public may comment on any matter within the jurisdiction of the city that is not on the agenda.
Those wishing to comment should be recognized by the mayor and approach the podium.
Please complete a Speaker's Form and present it to the City Clerk prior to the start of the meeting to be acknowledged as a speaker.
IX. Approval of Minutes
a. Approve Maricopa City Council Regular Agenda Minutes April 22, 2025 X. Consent Calendar -None
XI. Agendized Items
a. A Proclamation of the City of Maricopa Designating May, 2025 as Community Action Month Recommendation:
Motion to Proclaim May, 2025 as Community Action Month in the City of Maricopa b. Cooling Center Program 2025
Recommendation:
Discuss/Provide Direction re Cooling Center Program for 2025. c. Adopt Resolution Entitled a Resolution of the City Council of the City of Maricopa Adopting a Workplace Violence Prevention Plan and Policies Related Thereto Recommendation:
Motion to Adopt Resolution Entitled a Resolution of the City Council of the City of Maricopa Adopting a Workplace Violence Prevention Plan and Policies Related hereto d. Approval of Engagement of Bryant Jolly CPA as the City's Auditor for a Period of Three Years Beginning with the Fiscal Year Ending June 30, 2025, Continuing Through Fiscal Year Ending June 30, 2027.
Recommendation:
Motion to approve Engagement of Bryant Jolly CPA as the City's Auditor for a Period of Three Years Beginning with the Fiscal Year Ending June 30, 2025, continuing through the Fiscal Year ending June 30, 2027; and authorize Mayor and City Clerk to execute the Letter of Engagement on behalf of the city.
e. Correspondence from State Water Resources Control Board (SWRCB) re Maricopa Sewer Project Recommendation:
1. Review/Discuss Correspondence from State Water Resources Control Board (SWRCB) re Maricopa Sewer Project.
2. Direct staff to work with A&M Consulting Engineers to seek reconsideration of the SWRCB decision to deny the city's budget modification request in an additional amount of $7,621,833.
2. Given that the city is eligible for S$7,378,169 in grant/principal forgiveness, direct staff to work with A&M Consulting Engineers to reduce the scope of the proposed sewer project to conform to the $7,378,169 budget cited in the September 1, 2021 Agreement referenced in Paragraph 1 of the SWRCB correspondence attached hereto.
4. Direct staff that to inform SWRCB that given the city's circumstance as one of the most financially challenged cities in the state, it is clearly unable to service a $7,621,833 loan and has therefore elected to decline the CWSRE loan and to withdraw its current FBA request.
XII. New Business
XIII. Council/Staff Items
XIV. Closed Session
Pursuant to Government Code Section 54956.9 (d) (2) Conference with City Attorney and City Administrator regarding potential threat of litigation
Claim against the City - Melony Bell
b. Conference with Real Property Negotiators-Acquisition of property pursuant to Gov't Code Section 54956.8
Property: (APN# 042-175-09 & 042-175-08)
Agency Negotiator: Eric G. Ziegler
Owner: The Francisco F. Molinari and Mary Aileen Lapuz revocable trust dated April 10, 2015.
Under Negotiation: Price and other terms and conditions of acquisition XV. Adjourn
I certify that a copy of this agenda was posted at Maricopa City Hall, Gusher Hall, and Maricopa Post Office on May 22nd, 2025.
Meghan Anderson, City Clerk
AGENDA ITEM
TITLE: Conduct Public Hearing re Unmet Transportation Needs and, if Warranted by Public Evidence and Testimony, Consider Adoption of Resolution Entitled A Resolution of the City Council of the City of Maricopa Finding There Are No Unmet Transit Needs Which Can Reasonably Be Met in the City of PROPOSED BY: Eric G. Ziegler
MEETING DATE: May 27, 2025
RECOMMENDATION
1) Mayor to open Public Hearing
2) Staff Report to City Council
3) Mayor to invite evidence and testimony from Maricopa residents re Unmet Transit Needs
4) In the absence of further testimony, Mayor to close Public Hearing re Unmet Transit Needs
5) City Council discussion of Unmet Transit Needs as warranted 6) Consider Motion to Adopt Resolution 2025-05, Entitled A Resolution of the City Council of the City of Maricopa Finding that there are No Unmet Transit Needs Which Can be Reasonably Met in the City of Maricopa (FY 2025-2026)
BACKGROUND
In 1972, the California Legislature adopted a law known as the Mills-Alquist-Deddeh Act (also known as the Transportation Development Act or TDA) the purpose of which was to provide public transit service within California cities and counties. A portion of the state's sales tax revenue was set aside for use in funding this effort. Funds are administered by local Councils of Government (in Maricopa's case by KernCOG).
Under provisions of the act, local governments are expected to use TDA funds to serve the transit needs of the community. To the extent an individual city has funding in excess of that required to serve the community's transit needs, that excess funding may be spent on certain street, road and highway maintenance and repair services/projects. In Maricopa's case, the city's transit contract with the city of Taft and city street lights are funded with TDA money. The city pays for these services "upfront" and submits periodic claims to KernCOG for TDA reimbursement.
In order to ascertain whether transit needs have been met, local city councils are required to conduct a public hearing to receive evidence and testimony from residents of the community to determine the city's additional transportation needs, if any. It is important to note, for example, that the criterion for determining unmet transit needs is that of reasonableness. For example, it may not be reasonable to provide daily transportation from Maricopa to Los Angeles even if one or two people believe the city should do so.
Staff has advertised a public hearing for tonight's meeting in the Taft Midway Driller, an adjudicated newspaper of general circulation serving the Maricopa area. A copy of the Proof of Publication is attached hereto. It is therefore appropriate for Council to 1) open the public hearing; 2) receive the staff report on this issue and to then 3) Receive Evidence and Testimony from Maricopa Residents re Unmet Transit Needs; 4) After Receiving Evidence and Testimony re Unmet Transit Needs, close the public hearing.
After the public hearing is closed, Council may discuss issues arising from the Public Hearing, if any, and, if warranted by evidence and testimony presented during the Public Hearing, consider a motion to Adopt Resolution 2025-05, Entitled A Resolution of the City Council of the City of Maricopa Finding that There are No Unmet Transit Needs Which Can be Reasonably Met in the City of Maricopa for the Fiscal Year 2025-2026.
Interim
City Adm.
Approval FISCAL IMPACT:
$
Eric G. Ziegler Funds Budgeted: Yes Amount Required
Amount Budgeted Appropriation Requested
Account Number Reviewed by Finance
CITY OF MARICOPA
400 CALIFORNIA STREET
P.O. BOX 548
MARICOPA, CALIFORNIA 93252-0548
NOTICE OF PUBLIC HEARING
Location: Gusher Hall, 271 California Street, Maricopa, CA 93252 NOTICE IS HEREBY GIVEN THAT THE CITY OF MARICOPA, CITY COUNCIL will hold a public hearing in the Maricopa Senior Center, Gusher Hall, 271 California Street, Maricopa, California, on Tuesday, May 27th, 2025 at the hour of 6:00 p.m. to receive and consider all evidence and reports relative to the consideration of:
TO DETERMINE UNMET TRANSIT NEEDS FOR THE CITY OF MARICOPA. All interested parties are invited to attend said HEARING and express opinions or submit evidence for or against the proposal as outlined above.
Meghan Anderson, CITY CLERK
Publish: Thursday, April 17, 2025
RESOLUTION NO. 2025-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARICOPA,
FINDING THERE ARE NO UNMET PUBLIC TRANSIT NEEDS WHICH CAN REASONABLY BE MET IN THE CITY OF MARICOPA FOR FISCAL YEAR 2025 - 2026 WHEREAS: The Transportation Development Act of 1971 provides for the disbursement of funds from the Local Transportation Fund held in trust by Kern County Auditor-Controller for the purpose authorized by Article 8, Section 994000 (a) Streets and Roads and Article 4, Section 99260 (a) Public Transportation; and
WHEREAS: An eligible claimant wishing to receive an allocation from the Local Transportation Fund must first hold a Public Hearing where all Unmet Public Transit Needs that Can be Reasonably be Met in the City of Maricopa are discussed.; and
WHEREAS: On May 27, 2025 a Public Hearing to discuss all Unmet Public Transit Needs that Can Reasonably be Met in the City of Maricopa was advertised in the Taft Midway Driller, and WHEREAS: on May 27, 2025 the City Council of the City of Maricopa conducted the advertised Public Hearing to discuss Unmet Public Transit Needs that Can Reasonably be Met in the City of Maricopa; NOW THEREFORE: The City Council of the City of Maricopa hereby resolves that:
(1) Pursuant to the provisions of law, a duly noticed and Public Hearing regarding Unmet Public Transit Needs that Can Reasonably Met in the City of Maricopa was held on Tuesday, May 27, 2025; and (2) The finding was made that there were no Unmet Public Transit Needs that could reasonably be met in the City of Maricopa; and
(3) The City Administrator of the City of Maricopa is hereby duly authorized to sign all claims, assurances and necessary paper work; and
(4) A copy of this Resolution will be transmitted to the Kern Council of Governments in conjunction with the filing of a claim; and
(5) The Kern Council of Governments is requested to concur in these findings and grant the allocation of funds specified in the Article 8 claim.
ADOPTED, SIGNED AND APPROVED THIS 27th DAY OF MAY, 2025.
AYES:
NOES:
ABSENT:
ABSTAIN:
BY: Cory Morse, Mayor
ATTEST: APPROVED AS TO FORM :
By: Meghan Anderson, City Clerk By: Alan Peake, City Attorney State of California)
County of Kern
City of Maricopa
1, Wendy Harrison, City Clerk of the City of Maricopa, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2025-05, which was duly and regularly adopted and passed at a Regular Meeting of the City Council of the City of Maricopa on the 27th day of May, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
DATED:
May 27, 2025
By: _
Meghan Anderson, City Clerk
Maricopa City Council Minutes
Tuesday, April 22, 2025 @ 6:00 p.m.
Pledge of Allegiance, Moment of Silent Meditation, Call to Order:
Call to order @ 6:02 by Mayor Morse
Il. Roll Call:
III. Mayor Morse-Present
Mayor Pro Tem Bell-Absent City Administrator Eric Ziegler-Present Council Member Harris-Present City Attorney Alan Peake- Present Council Member Horn-Present City Treasurer Dorine Horn-Present Council Member Owens-Present City Clerk Meghan Anderson-Absent IV. Community Recognition -None
V. Reorder of Agenda- None
VI. Council Reports/Statements
a. Report by Public Safety/Sherriff Department/Fire Department Sr. Deputy Hernandez arrived a few minutes after meeting started, and read activity report.
b. City Clerk Meghan Anderson-Absent
C. City Treasurer Horn- None
City Administrator Ziegler- None
e. City Attorney Alan Peake-None
f. City Council Members
Owens: Stated that there was a lack of response by the Sherriff with the break-in's that are going on in the neighborhood
Morse: There are hoodlums hanging around our park intimidating our kids VII. Public Hearings:
a. Public Hearing re Collection of City of Maricopa Garbage and Refuse Collection and Disposal Fees on Kern County Tax Roll; Adopt Resolution Entitled A Resolution of the City Council of the City of Maricopa Approving the Manner of Collection of Delinquent, Current and Future Garbage and Refuse Collection and Disposal Service Fees
RECOMMENDATION
1) Open Public Hearing re Collection of Maricopa Garbage and Refuse Collection and Disposal Fees on County Tax Roll @ 6:23pm
2) Receive staff report re Collection of Maricopa Garbage and Refuse Collection and Disposal Fees on County Tax Roll -staff report by City Administrator 3) Receive evidence and testimony from members of public wishing to comment, protest or object to Garbage and refuse collection and disposal fees assessed in Exhibit A attached to and made a part of a proposed resolution entitled A Resolution of the City Council of the City of Maricopa Approving the Manner of Collection of Delinquent, Current and Future Garbage and Refuse Collection and Disposal Fees.
Public response by Dick Albright re Kern County owing funds from several years back. 4) Close Public Hearing re Collection of Maricopa Garbage and Refuse Collection and Disposal Fees on County Tax Roll @ 6:34pm
5) Council discussion re Collection of Maricopa Garbage and Refuse Collection and Disposal Fees on County Tax Roll
6) Motion to adopt resolution entitled A Resolution of the City Council of the City of Maricopa Approving the Manner of Collection of Delinquent, Current and Future Garbage and Refuse Collection and Disposal Service Fees Motion: Owens
2nd. Horn
Ayes: Harris, Horn, Owens, Morse
Noes: 0
Absent: Bell
Abstain: 0
b. Public Hearing re Collection of Sewer Service Fee on Kern County Tax Roll; Adopt Resolution Entitled A Resolution of the City Council of the City of Maricopa Approving the Manner of Collection of Delinquent, Current and Future Sewer Service Fees
RECOMMENDATION
1) Open Public Hearing re Collection of Maricopa Sewer Service Fees on County Tax Roll @ 6:42pm
2) Receive staff report re Collection of Maricopa Sewer Service Fees on County Tax Roll -staff report by City Administrator
Receive evidence and testimony from members of public wishing to comment, protest or object to sewer service fees assessed in Exhibit A attached to and made a part of a proposed resolution entitled A Resolution of the City Council of the City of Maricopa Approving the Manner of Collection of Delinquent, Current and Future Sewer Service Fees. No response from public
4) Close Public Hearing re Collection of Maricopa Sewer Service Fees on County Tax Roll @6:43
5) Council discussion re Collection of Maricopa Sewer Service Fees on County Tax Roll 6) Motion to adopt resolution entitled A Resolution of the City Council of the City of Maricopa Approving the Manner of Collection of Delinquent, Current and Future Sewer Service Fees.
Motion: Owens
2nd. Harris
Ayes: Harris, Horn, Owens, Morse
Noes: 0
Absent: Bell
Abstain: 0
VIII. Public Comment- None
IX. Approval of Minutes
Approve Maricopa City Council Regular Agenda Minutes April 8, 2025 Table Minutes to next meeting due to minor corrections needed.
X. Consent Calendar
1. Approve payment of payroll March 2025
2. Approve payment of warrants March 2025
Payroll: Warrants:
Motion: Harris Motion: Horn
2nd. Morse 2nd. Harris
Ayes: Harris, Morse Ayes: Harris, Horn, Owens, Morse
Noes: Owens Noes: 0
Absent: Bell Absent: Bell
Abstain: Horn Abstain: 0
XI. Agendized Items
a. Adopt Ordinance Entitled an Ordinance of the City Council of the City of Maricopa Amending the Maricopa Municipal Code by Adding Chapter 12.12 Establishing Rules and Regulations for Operation and Use of the City's Bicycle Pump Track at Maricopa City Park;
Recommendation:
Motion to adopt an ordinance Entitled an Ordinance of the City Council of the City of Maricopa Amending the Maricopa Municipal Code by Adding Chapter
12.12 Establishing Rules and Regulations for Operation and Use of the City's Bicycle Pump Track at Maricopa City Park
Motion: Harris
znd: Owens
Ayes: Harris, Horn, Owens, Morse
Noes: 0
Absent: Bell
Abstain: 0
b. Adopt Resolution Entitled a Resolution of the City Council of the City of Maricopa Adopting a List of Projects for Fiscal Year 2025-26 Funded by SB 1: The Road Repair and Accountability Act Of 2017
Recommendation:
Motion to Adopt Resolution Entitled A Resolution of the City Council of the City of Maricopa Adopting a List of Projects for Fiscal Year 2025-26 Funded by SB 1: The Road Repair and Accountability Act Of 2017
Motion: Owens
2nd: Horn
Ayes: Harris, Horn, Owens, Morse
Noes: 0
Absent: Bell
Abstain: 0
C. Letter of Participation for the Used Oil Payment Program, FY 2025-2026 Recommendation:
Motion to Submit Letter of Authorization to Participate in Used Oil Payment Program, Fiscal Year 2025-26, and authorize City Administrator or designee to sign on behalf of the City.
Motion: Owens
2nd: Horn
Ayes: Harris, Horn, Owens, Morse
Noes: 0
Absent: Bell
Abstain: 0
XII. New Business None
XIII. Council/Staff Items
Harris - Made reference to Owens and why he voted no on payroll, in which Owens responded, "I'd rather not get in to it".
Morse - Suggested that the city could make money on code compliance. If, after so many days the property owner did not comply, the city could charge fines.
XIV. Closed Session - None
XV. Adjourn
Motion: Owens
2nd: Horn
All in agreement
Time: 7:04
Submitted by: Meghan Anderson, City Clerk
AGENDA ITEM
TITLE: A Proclamation of the City of Maricopa Designating May, 2025 as Community Action Month PROPOSED BY: Eric G. Ziegler
MEETING DATE: May 27, 2025
RECOMMENDATION:
Motion to Proclaim May, 2025 as Community Action Month in the City of Maricopa
BACKGROUND
The city has received the attached correspondence from the Community Action Partnership of Kern County (CAPK) asking that the council proclaim May, 2025 as Community Action Month. A proposed proclamation is presented for Council consideration.
The correspondence is self-explanatory.
Staff recommends that Council adopt a motion to proclaim May, 2025 as Community Action Month.
Community Action Partnership of Kern
Helping People. Changing Lives.
Community Action Partnership
of Kern
April 21, 2025
Maricopa City Clerk
400 California Street
Maricopa, Ca 93252
Re: Resolution in Honor of May 2025 as Community Action Month in Maricopa We are asking the California City Council to declare May as Community Action Month in Maricopa during one of the council sessions held next month.
Community Action Partnership of Kern County (CAPK) is Kern County's official anti-poverty agency. Our mission is to "provide and advocate for resources that will empower members of the communities we serve to be self-sufficient." We are part of a nationwide network of more than 1,000 Community Action Agencies.
In May, CAPK will celebrate its service to communities in every corner of Kern County as part of National Community Action Month. We will be highlighting the impact that our 19 poverty- fighting programs and more than 1,100 employees make each day in the lives of those facing hunger, economic insecurity, and loss. That celebration is even more important this year as we reflect on the merger of the California Veteran's Assistance Foundation (CVAF) to the menu of services the agency provides the community. This program will allow CAPK to service the Veteran community more holistically.
Thank you for your consideration of this request. Please contact Savannah Oates at [email protected] or (661)496-9035 to coordinate this recognition.
Sincerely,
hT.B
Jeremy T. Tobais
Chief Executive Officer
1300 18th Street, Suite 200, Bakersfield, CA 93301(661) 336-5236 Toll Free (888) 445-0090 Fax (661) 322-2237 www.capk.org
Maricopa City
Council
2025 Community Action Month Proclamation
ecapk
Community Actior
WHEREAS, Community Action Partnership of Kern was established in 1964 and has made essential contributions to individuals and families across Kern County by creating economic opportunities and strengthening communities; and WHEREAS, Community Action Partnership of Kern addresses underlying causes of poverty, alleviates the effects, and promotes dignity and self-sufficiency in the communities we serve; and
WHEREAS, Community Action Partnership of Kern delivered over 22 million pounds of food across Kern County 2024 through the CAPK Food Bank; and NOW, THEREFORE, The Maricopa City Council, hereby proclaims May 2025 as Community Action Month in recognition of the hard work and dedication throughout the community.
NOW, THEREFORE, I, Mayor Cory Morse, do hereby recognize May 2025, as Community Action Month, in Maricopa, and I call this observance to the attention or our citizens.
Signature: Date:
Cory Morse
May 2025
AGENDA ITEM
TITLE: Cooling Center Program 2024
PROPOSED BY: Eric G. Ziegler
MEETING DATE: May 27, 2024
RECOMMENDATION
Discuss/Provide Direction re Cooling Center Program for 2024.
BACKGROUND
Staff has received an inquiry from Kern County regarding its Cooling Center Program for this summer. For the past several years, the City of Maricopa has been partnering with the county in operating Gusher Hall as a local cooling center when conditions warrant.
The operational aspects of the program are essentially the same as in years past in terms of temperature thresholds, hours of operation and similar issues, such as the city will be reimbursed for the cost of Cooling Center Attendant Cooling Center will:
• Begin operation June 1, 2024 through September 22, 2024 • Will be open on days when temperatures reach 105 degrees or higher. • Be open from 1pm- 8pm 7 days a week.
Attached hereto is the most recent Memorandum of Understanding between the city and Kern County Aging and Adult Services which administers the Cooling Center program. This MOU was adopted in by the City Council in 2019 and carries over from year to year unless terminated by either party. For the past four years..including the current year... the city has simply been asked to confirm its continued participation in the program which is the matter before the Council at present.
If Council elects to continue participating in this program (which staff recommends), no action is necessary. If it wishes to decline participation, a motion to do so is required City Adm.
Approval FISCAL IMPACT:
$
Eric G. Ziegler Funds Budgeted: Yes No Amount Required
Amount Budgeted Appropriation Requested
Account Number Reviewed by Finance
[email protected]
From: Colleen Philley < [email protected]>
Sent: Wednesday, April 16, 2025 1:36 PM
To: David Poole; Jeff Jones; [email protected]; [email protected]; Angela Domingos; [email protected]; Andres Villasenor; [email protected]; [email protected]; Stephanie Molina; Christina Guevara; Leslie Wallace; [email protected]; [email protected]; [email protected]; Daniel Mosso; Wendy; Matt Smith; Latisha Lamberth; Karen Sanders Cc: Jeremy Oliver
Subject: 2025 Cooling Center Season
Good Afternoon,
As you know, the Cooling Center season is quickly approaching, and I am reaching out to see if you plan to participate in the Cooling Center program again this year. The Cooling Center Program will begin Sunday, June 1, 2025, and will be open through Monday, Sept. 22, 2025. As a reminder, Cooling Centers will open throughout the County when temperatures are forecast by the National Weather Service (NWS) to be 105 degrees or higher in the San Joaquin and Kern River Valleys, 108 degrees or higher in the desert areas, and 93 degrees or higher in Frazier Park. The Cooling Centers will receive a daily report via email by 11:00 AM on the day before the Centers are to be open. Weekend Cooling Center openings will be released by 11:00 AM on Friday. Monday Cooling Center openings will be released by 11:00 AM on Sunday. The centers will be open from 1:00-8:00 PM. To operate as a Cooling Center, you will need to complete attendance sheets for the days the Cooling Centers are open, whether anyone was in attendance or not. Sites that operate as Cooling Centers in coordination with the County will be reimbursed for staffing, water, and snacks. To receive reimbursement, you will need to keep records and receipts for all expenses related to the program and submit this accounting, along with an invoice to AASD at the end of the Cooling Center season.
If you do not wish to participate in this season's program, or if you plan to operate independently from the County, please let me know as soon as possible by emailing myself and David Poole at [email protected] and [email protected]. Otherwise, please email confirming your plan to participate in the 2025 season program by April 25, 2025. Please include the name and location(s) of the facility, as well as the name and telephone number of a primary and backup contact for your Cooling Center. If you are interested in operating a Cooling Center independently from the County, you must complete the 2025 Cooling Center Application before the deadline of April 30th, 2025.
Please note that this vear we plan to meet virtually with all centers to go over any questions you might have at the beginning of the season and will have another meeting towards the end of the season to go over what is required of you to provide to receive reimbursement. If you choose to participate, you will receive a Teams invite later.
I look forward to working with you this coming season. Please do not hesitate to reach out should you have any questions.
Sincerely,
1 Colleen Philley
Program Director
KERN AGING AND ADULT SERVICES-
COUNTY Phone Direct: 661.868.1094
AGING ADULT SERVICES Phone Office: 661.868.1000
Email: [email protected]
5357 Truxtun Avenue
Bakersfield, CA 93309
Website: www.kerncounty.com/aas/
This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity named as the recipients) in the message. If you are not an intended recipient of the message, please notify the sender immediately and delete the material from any computer. Do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains.
MEMORANDUM OF UNDERSTANDING
FOR PARTNERSHIP OF THE KERN COUNTY COOLING CENTER PROGRAM (Aging and Adult Services-City of Maricopa)
THIS AGREEMENT (Agreement") is made and entered into on May 14, 2019 ("Execution Date"), by and between the County of Kern, a political subdivision of the State of California ("County') as represented by the Aging and Adult Services Deparmeni ("Department"), and City of Maricopa ("Contractor"), whose principal place of business is at 400 California Street, Maricopa CA 93252.
County/Department and Contractor are referred to individually as a "Party" and collectively as the "Parties".
WHEREAS:
a. Government Code Sections 31000 and 53060 permit the County Board of Supervisors io contract for the furnishing of special services with individuals specially trained, experienced and competent to perform those services; and b. The purpose of the Kern County Cooling Center Program is to provide locations throughout Kern County where seniors, the disabled and other vulnerable individuals can go to seek relief from extreme heat; and C. DEPARTMENT is responsible for administering a Cooling Center Program in Kern County; and
d. CONTRACTOR has the space available to provide a Cooling Center location at PREMISES; and
e. DEPARTMENT and CONTRACTOR wish to partner with one another for the purpose and benefit of the Kern County Cooling Center Program; and Department and Contractor mutually agree as follows:
DEFINITIONS
A. Standard Cooling Center Season shall mean June 1st through September 22md.
B. Shoulder Cooling Center Season shall mean a designated time period outside of the Standard Cooling Center Season, when extreme temperatures may occur.
C. Trigger Event shall mean activation of a Cooling Center location whenever the National Weather Service (NWS) forecast predicts the temperature for the following day to meet or exceed extreme temperatures.
D. Extreme Temperatures shall mean a forecast by the NVS that meets the following:
1. 95° or higher in locations within the Mountain Communities
2. 105° or higher for locations within the San Joaquin Valley
3. 108° or higher for locations within the Desert Areas E. Cooling Center operational hours shall mean seven (7) days a week, including holidays from 1:00 PM to 8:00 PM.
F. Cooling Center Notification shall mean the daily email announcement, identifying the status of Cooling Center openings for the following day. Notifications covering weekends and holidays will be sent on the Friday or business day preceding the weekend or holiday.
2. TERM
This MOU shall commence on May 1, 2019, and shall remain in effect until and unless sooner terminated as hereinafter provided for in this MOU. Regardless of the previously stated term, CONTRACTOR and/or DEPARTMENT shall have the opportunity to decline participation in any given Cooling Center Season without the need to terminate this MOU.
RESPONSIBILITIES OF CONTRACTOR
CONTRACTOR shall assume responsibility for providing the following services:
A. Provide a premises that will serve as a Cooling Center location.
B. That the Cooling Center location will be accessible to individuals with disabilities.
C. Provide DEPARTMENT with contact information of the individual(s) designated to receive daily email notification on behalf of CONTRACTOR, regarding Cooling Center activation. Contact information shall include at a minimum, the name and email address of the designated individuals).
D. Agree that the Cooling Center location may be listed through the PG&E and/or County automated phone line, website, informational flyer, or other information provided to the public;
E. Distribute or make available PG&E or other Utility financial assistance and other informational brochures that are provided by DEPARTMENT.
F. Provide complimentary water to those visiting the Cooling Center.
G. Complete the designated daily sign-in sheet for those who visit the Cooling Center.
H. Provide completed sign-in sheets to DEPARTMENT on a monthly basis, for program tracking and reporting requirements..
I. Abide by the established "trigger" and operational Cooling Center guidelines.
J. Provide any other information that shall be required for reporting purposes.
K. Provide a staff member or other authorized individual to open and operate the Cooling Center during the required days and hours of operation (including weekends and holidays if necessary.
2 4. RESPONSIBILITIES OF DEPARTMENT
DEPARTMENT shall assume responsibility for providing the following services:
A. Ensure that a daily email notification will be issued regarding Cooling Center activation for the following day.
B. Provide bottled drinking water and light snacks to the agreed upon Cooling Center Location, funding permitting.
C. Provide CONTRACTOR with Utility financial assistance and other informational brochures, as is made available to DEPARTMENT.
COMPENSATION
CONTRACTOR will be compensated by DEPARTMENT as follows:
A. CONTRACTOR and DEPARTMENT shall perform the services pursuant to the terms and conditions of this Agreement without the payment of any monetary consideration, one to the other.
B. Notwithstanding subparagraph A., DEPARTMENT shall Reimburse CONTRACTOR for the cost of one (1) staff member or other authorized individual designated by CONTRACTOR to operate the Cooling Center, where the facility would not have otherwise been operated or additional staffing would not have been required.
Reimbursement to be provided at the rate of $13.08 per hour, or the current State of California minimum wage, if higher than $13.08.
C. The cost of increased utility expenses incurred during the operation of the Cooling Center hours, where the facility would not have otherwise been operated and utility expenses would not have been incurred.
D. No reimbursement will be provided for expenses that would normally have been paid or incurred by CONTRACTOR during the normal course of business.
6. REPRESENTATIONS
DEPARTMENT and CONTRACTOR make the following representations, which are agreed to be material to and form a part of the inducement for this MOU:
A. CONTRACTOR agrees that its subcontractors shall be held to the same standards, requirements and expectations as stated in this MOU; and B. CONTRACTOR has the expertise, facilities, and support staff necessary to provide the services described in this MOU; and
C. DEPARTMENT has the expertise and staff necessary to provide the services described in this MOU; and
3 D. Neither party has any actual or potential interests adverse to the other nor does either pary represent a person or firm with an interest adverse to the other with reference to the subject of the MOU; and
E. DEPARTMENT and CONTRACTOR shall diligently provide all required services in a timely and professional manner in accordance with the terms and conditions stated in this MOU.
EVALUATION
Services to be provided by CONTRACTOR and DEPARTMENT shall be evaluated by DEPARTMENT on a continuing basis. Evaluation may be accomplished by written or verbal communication.
INDEMNIFICATION
CONTRACTOR agrees to indemnify, defend and hold harmless COUNTY and COUNTY'S agents, Board members, elected and appointed officials and officers, employees, volunteers, and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs, and expenses (including, but not limited to, reasonable attorneys' fees of County Counsel and counsel retained by COUNTY, expert fees, costs of staff time and investigation costs) of whatever kind or nature, which arise out of or are in any way connected with any act or omission of CONTRACTOR or CONTRACTOR'S officers, agents, employees, independent contractors, subcontractors of any tier, or authorized representatives. Without limiting the generality of the foregoing, the same shall include bodily and personal injury or death to any person or persons; damage to any property, regardless of where located, including the property of COUNTY; and any workers' compensation claim or suit arising from or connected with any services performed pursuant to this Agreement on behalf of CONTRACTOR by any person or entity.
9. CONTRACT DISPUTE
Should a dispute arise between CONTRACTOR and DEPARTMENT relating to performance under this MOU, CONTRACTOR will, prior to exercising any other remedy which may be available, provide DEPARTMENT with written notice of the particulars of the dispute within thirty (30) calendar days of the dispute. DEPARTMENT will communicate with CONTRACTOR, to review the factors in the dispute, and recommend a means of resolving the dispute before a written response is given to CONTRACTOR. DEPARTMENT will provide a written response to CONTRACTOR within thirty (30) days of receipt of CONTRACTOR's written notice.
10. TERMINATION
Either party may terminate this MOU, with or without cause, upon 30 days prior written notice to the oiher party. In the event of termination of this MOU for any reason, DEPARTMENT shall. have no further obligation to pay for any services rendered or expenses incurred by CONTRACTOR after the effective date of the termination, and 4 CONTRACTOR shall be entitled to receive compensation for services satisfactorily rendered, calculated on a prorated basis up to the effective date of termination.
11. NOTICES
Notices to be given by one party to the other under this MOU shall be given in writing by personal delivery, by certified mail, return receipt requested, or express delivery service at the addresses specified below. Notices delivered personally shall be deemed received upon receipt; mailed or expressed notices shall be deemed received four days after deposit.
A party may change the address to which notice is to be given by giving notice as provided Notice to DEPARTMENT shall be addressed as follows:
Director
Kern County Aging and Adult Services
5357 Truxtun Avenue
Bakersfield, CA 93309
Notice to CONTRACTOR shall be addressed as follows:
City Administrator
City of Maricopa
400 California Street
Maricopa, CA 93252
Nothing in this MOU shall be construed to prevent or render ineffective delivery of notices required or permitted under this MOU by personal service.
12. OWNERSHIP OF DOCUMENTS
All reports, documents and other items generated or gathered in the course of providing services to DEPARTMENT under this MOU are and shall remain the property of DEPARTMENT, and shall be returned to DEPARTMENT upon full completion of all services by CONTRACTOR or termination of this MOU, whichever first occurs.
13. SOLE AGREEMENT
This document, including all attachments hereto, contains the entire agreement between the parties relating to the services, rights, obligations and covenants contained herein and assumed by the parties respectiveiy. No inducements, representations or promises have been made, other than those recited in this MOU. No oral promise, modification, change or inducement shall be effective or given any force or effect.
14. MODIFICATION OF MOU
This MOU may be modified in writing only, signed by the parties in interest at the time of the modification.
5 15. CONFIDENTIALITY
No party to this MOU shall, without the written consent of the other party, communicate confidential information, designated in writing or identified in this MOU as such, io any third party and shall protect such information from inadvertent disclosure to any third party in the same manner that they protect their own confidential information, unless such disclosure is required in response to a validly issued subpoena or other process of law. Upon completion of this MOU, the provisions of this paragraph shall continue to survive.
16. COMPLIANCE WITH LAW
CONTRACTOR shall observe and comply with all applicable county, state and federal laws, ordinances, rules and regulations now in effect or hereafter enacted, each of which are hereby made a part hereof and incorporated herein by reference.
17. CAPTIONS AND INTERPRETATION
Paragraph headings in this MOU are used solely for convenience, and shall be wholly disregarded in the construction of this MOU. No provision of this MOU shall be interpreted for or against a party because that pary or its legal representative drafted such provision, and this MOU shall be construed as if jointly prepared by the parties.
18. FORCE MAJEURE
DEPARTMENT shall exercise every reasonable effort to meet its obligations hereunder and shall not be liable for delays resulting from force majeure or other causes beyond its reasonable control including, but not limited to, compliance with any government law or regulation, acts of God, fires, strikes, lockouts, natural disasters, wars, riots, and/or any other cause whatsoever beyond the reasonable control of DEPARTMENT. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred.
19. TIME OF ESSENCE
Time is hereby expressly declared to be of the essence of this MOU and of each and every provision hereof, and each such provision is hereby made and declared to be a material, necessary and essential part of this MOU.
20. COUNTERPARTS
This MOU may be executed simultaneously in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
21. NONDISCRIMINATION
Neither CONTRACTOR, nor any officer, agent, employee, servant or subcontractor of CONTRACTOR shall discriminate in the treatment or employment of any individual or groups of individuals on the grounds of age, sex, color, disability, national origin, race, marital status, religion, political affiliation, or any other classification protected by law, either direcily, indirectly or through contractual or other arrangements. 6 22. AUDIT, INSPECTION, AND RETENTION OF RECORDS
CONTRACTOR agrees to maintain and make available to DEPARTMENT accurate books and records relative to all its activities under this MOU. CONTRACTOR shall comply with all applicable OMB requirements related to the respective funding utilized in the payment of services specified in this MOU. CONTRACTOR shall permit DEPARTMENT to audit, examine and make excerpts and transcripts from such records, and to conduct audits of all invoices, materials, records of personnel or other data related to all other matters covered by this MOU. Audits may be accomplished by written or verbal communication and/or by site visits to view fiscal and/or program processes and information. CONTRACTOR shall maintain such data and records in an accessible location and condition for a period of not less than three years from the date of final payment under this MOU, or until after the conclusion of any fiscal audit, whichever occurs last. The State of California and/or any federal agency, or other entity having an interest in the subject of this MoU shall have the same rights conferred upon DHS herein.
23. NON-COLLUSION COVENANT
CONTRACTOR represents and agrees that it has in no way entered into any contingent fee arrangement with any firm or person concerning the obtaining of this MOU with DEPARTMENT. CONTRACTOR has received from DEPARTMENT no incentive or special payments or considerations related to the provision of services under this MOU.
24. NO THIRD PARTY BENEFICIARIES
It is expressly understood and agreed that the enforcement of these terms and conditions and all rights of action relating to such enforcement shall be strictly reserved to DEPARTMENT. Nothing contained in this MOU shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of DEPARTMENT that any such person or entity, other than DEPARTMENT, receiving services or benefits under this MOU shall be deemed an incidental beneficiary only.
25. SIGNATURE AUTHORITY
Each party represents thai they have full power and authority to enter into and perform this MOU, and the person signing this MOU on behalf of each pary has been properly authorized and empowered to enter into this MOU.
26. INSURANCE
CONTRACTOR and DEPARTMENT agree thai self-insurance as authorized by Government Code section 990, or other similar law, may be used in lieu of insurance for purposes of this agreement.
27. INVOICING
CONTRACTOR shall submit one invoice to DEPARTMENT for expenses incurred through June 30th. CONTRACTOR shall submit a separate invoice to DEPARTMENT for expenses incurred between July 1 and the end of the Cooling Center Season. Invoice(s) shall be due 7 io the County no later than the 15" of the month following the termination of the Cooling Center Season.
If requested by CONTRACTOR, DEPARTMENT may agree to provide reimbursement on a monthly basis, in which case invoice(s) shall be due to DEPARTMENT no later than the 15" of the month subsequent to services provided.
In either case, each invoice shall list:
A. Any amounts) due to CONTRACTOR for one staff member/authorized individual to operate the Cooling Center, including:
1. The date(s) services were provided
2. The total number of hours the staff member/authorized individual operated the Cooling Center.
3. The name of the staff member or authorized individual who provided the services.
B. The amount due to CONTRACTOR for increased utility costs incurred during the operation of the Cooling Center. To determine the utility expenses incurred, the total monthly bill should be prorated by the total number of days in the billing cycle, to determine the average daily cost. The average daily cost should then be multiplied by the number of days the Cooling Center was operated within the billing cycle.
28. EXHIBITS
Each Exhibit attached to this Agreement is incorporated into this Agreement by reference. [Remainder of this page is intentionally left blank.]
8 The Parties have executed this Agreement on the Execution Date.
Kern County Aging and Adult Services
7/1/11 Ul-Moril
Dated: By.
Lito Morillo, Director
"DEPARTMENT"
City of Maricopa
Dad: 5/14/19: or lare Monk
\Gary Mock, Mayor
"CONTRACTOR"
APPROVED AS TO FORM:
Office of the County Counse
1 ma. 7/18/17 By_
Bryan Waiters, Depuly County Counsel
APPROVED AS TO FORM:
City of Maricopa (
Datest 5/14/19. By - Alan Peake! Marcopa City Attormey
9 AGENDA ITEM
TITLE: Adopt Resolution Entitled A Resolution of the City Council of the City of Maricopa Adopting A Workplace Violence Prevention Plan and Policies Related Thereto
PROPOSED BY: Eric G. Ziegler
MEETING DATE: May 27, 2025
RECOMMENDATION
Motion to Adopt Resolution Entitled A Resolution of the City Council of the City of Maricopa Adopting A Workplace Violence Prevention Plan and Policies Related Thereto
BACKGROUND
uring the last legislative session, the state legislature adopted SB 553 which requires virtually all employers to adopt and implement No govereing this pan became pictive July 1, 202 which mean that Marco pais date in complate provided by the city's RMA. Th City Adm.
Approval FISCAL IMPACT:
$
Funds Budgeted: Yes No 1]
Eric G. Ziegler Amount Required
Amount Budgeted Appropriation Requested
Account Number Reviewed by Finance
RESOLUTION NO 2025-04
A Resolution of the City Council of the City of Maricopa Adopting A Workplace Violence Prevention Plan and Policies Related Thereto WHEREAS California law (SB 553) adds Section 6401.9 to the California Labor Code requires certain employers to adopt and implement a Workplace Violence Prevention Plan; WHEREAS the above referenced legislation applies to most California employers including the City of Maricopa;
NOW, THEREFORE, BE IT RESOLVED
That the City Council of the City of Maricopa hereby adopts the attached Exhibit A entitled Workplace Violence Prevention Plan as the city's policy concerning workplace violence prevention as required by California law.
ADOPTED, SIGNED AND APPROVED THIS 27th DAY of May, 2025.
AYES:
NOES:
ABSENT:
ABSTAIN:
City Council of Maricopa, California
By_
Cory Morse, Mayor
ATTEST: APPROVED AS TO FORM :
By By.
Meghan Anderson, City Clerk Alan Peake, City Attorney
City of Maricopa
Workplace Violence Prevention
Plan
Resolution 2025-04
Effective May 27, 2025
Resolution 2025-04
Effective May 27, 2025
TABLE OF CONTENTS
POLICY . 1
PROHIBITED ACTS
RESPONSIBILITY AND AUTHORITY .... .....1
COMPLIANCE 2
COMMUNICATION AND TRAINING .2
PROCEDURES 4
HAZARD ASSESSMENT 5
HAZARD CORRECTION . 5
POST-INCIDENT RESPONSE AND INVESTIGATION
RECORDKEEPING... 7
ANNUAL REVIEW AND REVISIONS ..... 7
DEFINITIONS .8
ATTACHMENTS
Appendix A: Workplace Violent Incident Log
Appendix B: Hazard Assessment & Control Checklist
Annex 1: Active Shooter
Resolution 2025-04
Effective May 27, 2025
INTRODUCTION
Maricopa is among the smallest and most financially challenged cities in California. The city, located in the southwest corner of Kern County at the junction of California state highways 33 and 166, has a total of four full- time (32 hours per week) and two part-time employees (20 hours per week). The city is governed by an elected five member city council and has an elected City Clerk and an elected City Treasurer. Maricopa has a population of approximately 1250 people and an all-funds budget of approximately $998,000.
POLICY
As a responsible employer, the City of Maricopa is dedicated to creating a work environment free of disruptive, threatening, or violent behavior involving any employee, volunteer, contractor, client, or visitor.
It is committed to safeguarding employee well-being through comprehensive incident management strategies, ensuring rapid and efficient resolution. This policy will establish, implement, and maintain an effective plan as required by California's Senate Bill No. 553 (SB 553), California's new Workplace Violence Prevention Plan Law.
PROHIBITED ACTS
The City is committed to zero tolerance regarding threats of violence or acts of workplace violence by any individual that may pose a threat.
RESPONSIBILITY AND AUTHORITY
The City Administrator, or designee, is the designated WVP Plan administrator and has the authority and responsibility for providing primary authority and support for the plan.
The City Administrator or designee is responsible for implementing and maintaining the plan and conducting or overseeing any investigations of workplace violence reports.
The Assistant to the City Administrator or designee is responsible for employee training, updating materials, safety inspections, conducting investigations, and coordinating emergency response procedures.
The City Administrator or designee, will actively seek input and feedback from employees during the development and implementation of the WVP plan. Employees' involvement could include, but is not limited to, their participation in the identification, evaluation, and correction of workplace violence hazards, designing and implementing training, and reporting workplace violence incidents.
Resolution 2025-04
1 Effective May 27, 2025
The City Administrator, or designee, will coordinate the implementation of the workplace violence prevention plan with other employers on-site, when applicable, to ensure they understand their respective roles as outlined in the plan. These other employers and their staff will be provided with training on the city's WPV Plan.
All managers and supervisors are responsible for implementing and maintaining the WVP Plan in their work areas and for answering employee questions about the Plan.
Managers and Supervisors
Responsibilities include:
• Implementing the Plan in their work areas;
• Providing input to the City Administrator regarding the Plan; • Participate in investigations of workplace violence reports; and • Answering employee questions concerning this Plan.
Employees
Responsibilities include:
• Complying with the plan, directives, policies, and procedures; • Maintaining a violence-free work environment;
• Participation in all training;
• Active involvement in developing and implementing the plan, including, but not limited to, participation in identifying, evaluating, and correcting workplace violence hazards, in designing and implementing training, and in reporting workplace violence incidents; and
• Reporting suspicious persons and alerting the proper authorities when necessary.
COMPLIANCE
Administrators are responsible for ensuring the Plan is clearly communicated and understood by all employees by:
• Inform all employees of the Plan during new employee orientation training and ongoing workplace violence prevention training;
• Ensure all employees receive training on this Plan;
• Evaluate employees to ensure their compliance with the Plan; • Discipline employees, who engage in threats of violent behaviors up to and including dismissal;
• Ensure that training for this plan is conducted at least annually when a new or previously unrecognized hazard has been identified and when changes are made to the plan Resolution 2025-04
Effective May 27, 2025 2
COMMUNICATION AND TRAINING
Administrators are responsible for communicating with employees about workplace violence in a form readily understandable by all employees.
Employees are encouraged to promptly inform city administration about any threats of violence or workplace violence. They can use the Workplace Violent Incident Log (Appendix A) to assist in reporting such incidents. No employee will face disciplinary action for reporting any threats of violence or workplace violence.
City administration is responsible for investigating reported incidents. Administration will then notify the employee about the investigation results and any necessary corrective actions 'Effective training on workplace violence will include:
• This plan, how to obtain a copy of the plan, and how to participate in the development and implementation;
• The definitions and requirements of Section 6401.9;
• How to report workplace violence incidents or concerns without fear of reprisal; • Workplace violence hazards specific to the employee's job/operation; • The corrective measures the city has implemented for each work area and operation;
• How to seek assistance to prevent or respond to violence; • How to recognize the potential for violence and escalating behavior; • Strategies to de-escalate behaviors and how to avoid physical harm; • All alerts, alarms, or systems that are in place to warn of emergencies; • Employee escape routes
• The Violent Incident Log and how to obtain copies of required records; • An opportunity for an interactive Q&A session with a knowledgeable person about the Plan.
Employees assigned to respond to alerts, alarms, or systems that are in place to warn others will receive additional training that includes:
• General and personal safety measures;
• Characteristics of aggressive and violent persons; verbal intervention and de-escalation techniques and physical maneuvers to defuse and
prevent violent behavior;
• Strategies to prevent physical harm;
Resolution 2025-04
Effective May 27, 2025 3
Training will occur:
• When the Plan is first established;
• At the time of hire or transfer to new sites within the city; • Annually for all employees;
• When a new or previously unrecognized workplace violence hazard has been identified • When new equipment or work practices are introduced; and • When changes are made to the plan.
Employees who receive training in a form other than live will have the opportunity to meet with a person knowledgeable about the Plan for interactive Q&A within one business day of training.
PROCEDURES
Responding to Actual or Potential Workplace Violence Emergencies.
When an employee becomes aware of actual or potential workplace violence, they should immediately notify management or personnel.
In the event of an actual or potential workplace violence emergency, the City Administrator or designee will promptly notify employees of the presence, location, and nature of the workplace violence using one or more of the following methods:
INTERCOM (at City Hall Only)
PHONE
CELLULAR PHONE
• TEXT MESSAGE
Employees shall implement the run, hide, fight protocols, in accordance with the current Active Shooter Policy (Annex 1). Evacuation routes and sheltering locations will be communicated to affected staff. If employees are not able to evacuate or shelter in place, they are authorized to take all reasonable actions necessary to fight or subdue an active shooter or assailant as outlined in the city's policy and procedures. Employees should call 911 to report the incident and request assistance from law enforcement.
Emergencies and Reporting a Crime
Employees should promptly inform, the Assistant to the City Administrator or the City Administrator of any incidents. In case of an emergency, call 911 for immediate assistance.
Resolution 2025-04
Effective May 27, 2025 4
Reporting Workplace Violence Concerns
Employees who have concerns or who witness or experience threats of violence or workplace violence can report them through their chain of command or directly to the City Administrator.
Employees may report anonymously and without fear of reprisal by submitting the incident in writing through by an interoffice mail, or via ernail.
Employees will receive information about the investigation results and any necessary corrective actions via email.
Restraining Orders:
Employees or other personnel affiliated with the city who have an active restraining order issued against another person, including the workplace, are encouraged to provide a copy of the restraining order to the City Administrator who will decide what actions, if any, need to be initiated. 553 Restraining Orders:
• Existing law, authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described
• Effective January 1, 2025, Senate Bill (SB) 428 will allow employers to seek a temporary restraining order against an individual who has harassed their employees. Currently, California law enables an employer to seek a temporary restraining order to protect employees from a person who has engaged in violence or has made a credible threat of violence. Employers would be required, before filing such a petition, to provide the employee who has suffered unlawful violence or a credible threat of violence an opportunity to decline to be named in the temporary restraining order.
HAZARD ASSESSMENT
Assessments will involve identifying and assessing workplace violence hazards, including unsafe conditions, work practices, and employee reports and concerns. • Annual review of the past year's workplace violence incidents; and • Periodic physical security assessments.
• VINP Hazard Assessment & Control Checklist (Appendix B).
Inspections will be carried out as per the following schedule:
• When the Plan is implemented;
• At least once a year;
• When new, previously unidentified workplace violence/security hazards are recognized; and
• When workplace violence injuries or threats of injury occur.
Resolution 2025-04
5 Effective May 27, 2025
HAZARD CORRECTION
Workplace violence hazards will be assessed, and corrective actions will be promptly implemented, prioritizing based on the severity of the hazard. All actions taken will be documented and dated. Engineering controls and work practice controls will be utilized to address unsafe work conditions, practices, or procedures that endanger the safety of employees.
Corrective actions may include, but are not limited to:
• Make the workplace unattractive to robbers by:
• Improving lighting around and at the workplace.
• Post signs notifying the public that limited cash is kept on the premises and that cameras are monitoring the facility.
Utilize surveillance measures, such as cameras and mirrors, to provide information as to what is going on outside and inside the workplace and to dissuade criminal activity.
• Install security surveillance cameras in and around the workplace. • Provide workplace violence systems, such as door locks, violence windows, physical barriers, emergency alarms
• Ensure the adequacy of workplace violence systems
• Post emergency telephone numbers for law enforcement, fire, and medical services • Control, access to, and freedom of movement within the workplace by non-employees, including recently discharged employees or persons with whom one of our employees is having a dispute
• Install effective systems to warn others of a violence danger or to summon assistance, e.g., alarms or panic buttons.
• Ensure employees have access to a telephone with an outside line. • Provide employee training/re-training(refreshers) on the WVPP • Ensure adequate employee escape routes
• Provide procedures for a "buddy" system for specified emergency events.
Work practice controls may include, but are not limited to • Provision of dedicated safety personnel;
• Employee training on workplace violence prevention methods; • Employee training on procedures to follow in the event of a workplace violence incident:
Resolution 2025-04
Effective May 27, 2025 6
• Incident reporting process
• Post-incident emergency process
POST-INCIDENT RESPONSE AND INVESTIGATION
City administration will respond to, investigate, and document incidents according to these procedures:
• If indicated, provide immediate medical care or first aid and follow established injury/illness reporting procedures;
• Identify all employees involved in the incident;
• Provide support and resources to affected employees;
• Complete Hazard Assessment & Control Checklist (Appendix B); • Visit the scene of an incident as soon as safe and practicable. • Interview involved parties, such as employees, witnesses, law enforcement, and/or security personnel.
• Review security footage of existing security cameras if applicable. • Examine the workplace for security risk factors associated with the incident, including any previous reports of inappropriate behavior by the perpetrator. • Determine the cause of the incident
• Take corrective action to prevent similar incidents from occurring • Record the findings and ensure corrective actions are taken. • Obtain any reports completed by law enforcement.
• Complete the Violent Incident Log (Appendix A)
RECORDKEEPING
The following records will be maintained as required by law. • Records of workplace violence hazard identification, evaluation, and corrective actions, for a minimum of five (5) years.
• Training records will be maintained for a minimum of one (1) year and will include the following:
• Violent incident logs will be maintained for a minimum of five (5) years. • Workplace Violence Incident Investigations will be maintained for a minimum of five (5) years.
Resolution 2025-04
7 Effective May 27, 2025
All records of workplace violence hazard identification, evaluation, and correction; training, incident logs, and workplace violence incident investigations required by LC section 6401.9(f) shall be made available to Cal/OSHA upon request for examination and copying.
As required by California Code of Regulations (CCR), Title 8, Section 342(a). Reporting Work- Connected Fatalities and Serious Injuries, the City of Maricopa will immediately report to Cal/OSHA any serious injury or illness (as defined by CCR, Title 8, Section 330(h), or death (including any due to Workplace Violence) of an employee occurring in a place of employment or in connection with any employment
ANNUAL REVIEW AND REVISIONS
The City's Workplace Violence Prevention Plan will be reviewed annually, or more frequently if significant changes occur in the workplace environment, policies, or procedures following a workplace violence incident. Any necessary revisions will be communicated to all employees.
Review and revision of the WVPP will include:
• Review of incident investigations and the violent incident log. • Assessment of the effectiveness of security systems, including alarms, emergency response, and security personnel availability (if applicable).
DEFINITIONS
• Threat of violence means any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct, that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose.
• Workplace violence means any act of violence or threat of violence that occurs in a place of employment. The term workplace violence shall not include lawful acts of self-defense or defense of others. Workplace violence includes the following:
- The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.
- An incident involving the threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether or not the employee sustains an injury.
Workplace violence can be categorized into four types:
Type 1: Workplace violence committed by a person who has no legitimate business at the work site - includes violent acts by anyone who enters the workplace with the intent to commit a crime
Type 2: Workplace violence directed at employees by customers, volunteers, contractors, clients, vendors, or visitors
Type 3: Workplace violence against an employee by a present or former employee, supervisor, or manager
Resolution 2025-04
8 Effective May 27, 2025
Type 4: Workplace violence committed in the workplace by someone who does not work there but has or is known to have had a personal relationship with an employee The City of Maricopa prohibits the unauthorized possession of firearms or other dangerous weapons on Authority property or while conducting city business. Any employee or person in possession of prohibited dangerous weapons on city owned property is in violation of this policy and may be subject to disciplinary action, up to and including termination. Any volunteer, contractor, client, or visitor in possession of prohibited dangerous weapons will be banned from the premises. Dangerous weapons include any instrument capable of inflicting death or serious bodily injury.
Resolution 2025-04
9 Effective May 27, 2025
Appendix A
WORKPLACE VIOLENT INCIDENT LOG
This form must be completed for every record of violence in the workplace and shall be maintained for at least 5 years.
Incident ID #* I Date and Time of Incident: Department:
Specific location of Incident:
*Do not identify the person involved by name, employee it, email, telephone number, SSN, etc. The Incident ID must not reflect their identity.
Detailed Description of the Incident (Include additional pages if needed):
Assailant Classification Information:
Customer Client 0 Vendor
Family or Friend Family or Friend of Client Family or Friend of Customer O Partner/Spouse of Victim Parent/Relative of Victim Co-Worker Former Partner/Spouse of Victim Animal
O Robber/Burglar Passenger
O Stranger Supervisor/Manager Other:
Circumstances at the Time of Incident:
O Employee Performing Usual Duties Working in Poorly Lit Areas Employee Rushed Employee Isolated or Alone High Crime Area Low Staffing Level O Unable to Get Help or Assistance Working in a Community Setting Unfamiliar or New Location O Other:
Location of Incident:
Interview Room Board Room O Hallway
Waiting Room Restroom or Bathroom O Parking Lot
Personal Residence Breakroom • Other Area Outside
Employee Workstation Warehouse Other:
Workplace Violence Type:
O Type 1 violence: committed by a person who has no legitimate business at the worksite, and includes violent acts by anyone who enters the workplace or approaches workers with the intent to commit a crime.
Type 2 violence: directed at employees by customers, clients, or visitors.
O Type 3 violence: against an employee by a present or former employee, supervisor, or manager. • Type 4 violence: committed in the workplace by a person who does not work there, but has or is known to have had a personal relationship with an employee.
Type of Incident (check as many apply):
Biting Choking Grabbing
Hair Pulling Kicking Punching
Slapping Pushing Pulling
Scratching Spitting Animal Attack
Attacked with a Firearm Attacked with a Knife Attacked with Other Object Threat of Physical Force Threat of Use of Weapon or Object Sexual Physical Display or Threat Sexual Assault or Threat (Rape) Attempted Rape Other:
Unwanted Verbal Contact Unwanted Physical Sexual Contact Consequences of Incident:
Medical care provided? O Yes O No Law Enforcement Called? O Yes O No Security contacted? 0 Yes ON.
Days lost from work (if any
Did anyone provide assistance to conclude the event? O Yes O No Actions taken to protect employees from a continuing threat:
Completed by:
Name: | Job Tille:
Telephone: Email:
Signature: Date:
Resolution 2025-04
Effective May 27, 2025 10
Appendix B
WORKPLACE VIOLENCE PREVENTION ENVIRONMENTAL
HAZARD ASSESSMENT & CONTROL CHECKLIST
Title:
Assessed by:
Location(s) Assessed:
This checklist is specifically crafted to assess the workplace environment and various job tasks to pinpoint circumstances that could potentially expose employees to the risk of workplace violence.
Step 1: Identify risk factors that may increase the Housing Authority's vulnerability to workplace violence events Step 2: Conduct a workplace assessment to identify physical and process vulnerabilities Step 3: Develop a corrective action plan with measurable goals and target dates STEP 1: IDENTIFY RISK FACTORS
Yes No Risk Factors Comments:
Does staff have contact with the public?
Does staff exchange money with the public?
Does staff work alone?
Is the workplace often understaffed?
Is the workplace located in an area with a
high crime rate?
Does staff enter areas with high crime rates?
Does staff have mobile workplaces?
Does staff perform public safety functions
that might put them in conflict with others?
Does staff perform duties that may upset
people?
Does staff work with people known or
suspected to have a history of violence?
Do any employees have a history of threats
of violence?
Are incidents investigated and evaluated for
possible corrective action?
Is a violent incident log maintained and
reviewed?
Is the plan reviewed for effectiveness at
least annually?
Resolution 2025-04
Effective May 27, 2025 11
STEP 2: CONDUCT ASSESSMENT
Building Interior
Comments:
Yes No Building Interior
Are employee badges required?
Are employees notified of past workplace
violence events?
Are trained security personnel or staff
accessible to employees?
Are bullet-resistant windows or similar
barriers used when money is exchanged
with the public?
Are areas where money is exchanged
visible to others?
Is a limited amount of cash kept on hand
with appropriate signage?
Could someone hear an employee who
called for help?
Do employees have a clear line of sight of
visitors in waiting areas?
Do areas used for student or visitor
interviews allow co-employees to observe
problems?
Are waiting areas free of objects that could
be used as weapons?
Are work areas free of objects that could be
used as weapons?
Is furniture in waiting areas arranged to
prevent employee entrapment?
Is furniture in work areas arranged to
prevent employee entrapment?
Are students and visitors clearly informed
how to use the department services so they
will not become frustrated?
Are private, locked restrooms available for
employees?
Do employees have a secure place to store
personal belongings?
Resolution 2025-04
Effective May 27, 2025 12
Building Exterior
Yes No Building Exterior Comments:
Do employees feel safe walking to and from
the workplace?
Are the entrances to the building clearly
visible from the street?
Is the area surrounding the building free of
bushes or other hiding places?
Are security personnel provided outside the
building?
Is video surveillance provided outside the
building?
Is there enough lighting to see clearly?
Are all exterior walkways visible to security
personnel?
Parking Area
Yes No Parking Area Comments:
Is there a nearby parking lot reserved for
staff?
Is the parking lot attended?
Is the parking lot secure?
Is the parking lot free of blind spots, and is
the landscape trimmed to prevent hiding
places?
Is the parking lot landscape trimmed to
prevent hiding places?
Is there enough lighting to see clearly?
Are security escorts available?
Resolution 2025-04
Effective May 27, 2025 13
Security Measures
Yes No Security Measures Comments:
Is there a response plan for workplace
violence emergencies?
Are there physical barriers? (between staff
and public)
Are there appropriate and feasible
evacuation or sheltering plans?
Are there security cameras?
Are there panic buttons?
Are there alarm systems?
Are there metal detectors?
Are there X-ray machines?
Do doors lock?
Does the internal telephone system activate
emergency assistance?
Are telephones with an outside line
programmed for 911?
Is there a system in place for testing security
measures
Are there two-way radios, pagers, or cell
phones?
Are there security mirrors?
Is there a secured entry?
Are there personal alarm devices?
Are there "drop safes" to limit available
cash?
Are employees effectively trained at least
annually?
Is there a system to alert staff of the
presence, location, and nature of a security
threat?
Resolution 2025-04
Effective May 27, 2025 14
ANNEX 1
Active Shooter
Quickly determine the most reasonable way to protect your own life. Remember that guests are likely to follow the lead of employees during an active shooter situation.
The most cautious actions are as follows:
If there is an accessible escape path, attempt to evacuate the premises immediately. In the event the shooter comes through the front door, which is most likely, the best escape route is out the back door and out of the building as quickly as possible. Be sure to:
• Have an escape route and plan in mind.
• Evacuate immediately upon recognition of gun shots and rampage. • Evacuate regardless of whether others agree to follow. • Leave your belongings behind.
• Help others escape, if possible.
• Prevent individuals from entering an area where the active shooter may be • Keep your hands visible.
• Follow the instructions of any police officers.
• Do not attempt to move wounded people.
• Call 911 when you are safe.
HIDE:
If evacuation is not possible, find a place to hide where the active shooter is less likely to find you. Your hiding place should:
• Shelter in a "Safe Room"
• Be out of the active shooter's view.
• Provide protection if shots are fired in your direction (i.e., an office with a closed and locked door).
• Do not trap or restrict your options for movement
• If you are in an office, stay there and secure the door. • If you are in a hallway, get into a room and secure the door.
To prevent an active shooter from entering your hiding place:
• Lock the door.
• Blockade the door with heavy furniture.
• Silence your cell phone and/or pager.
• Turn off any source of noise (i.e., radios, televisions). • Hide behind large items (i.e., cabinets, desks).
• Remain quiet
Resolution 2025-04
Effective May 27, 2025 15
• If evacuation and hiding out are not possible:
Remain calm.
• Dial 911, if possible, to alert police to the active shooter's location. • If you cannot speak, leave the line open and allow the dispatcher to listen.
FIGHT:
As a last resort, and only when your life is in imminent danger, attempt to disrupt and/or incapacitate the active shooter by:
• Acting as aggressively as possible against him/her.
• Throwing items and improvising weapons.
• Yelling.
• Committing to your actions.
How to respond when law enforcement arrives:
Law enforcement's purpose is to stop the active shooter as soon as possible. Officers will proceed directly to the area where the last shots were heard:
• Officers may arrive alone or in teams of four.
• Officers may wear regular patrol uniforms or external bulletproof vests, Kevlar helmets, and other tactical equipment.
• Officers may be armed with rifles, shotguns, and/or handguns. • Officers may use pepper spray or tear gas to control the situation. • Officers may shout commands, and may push individuals to the ground for their safety.
• Remain calm, and follow officers' instructions.
• Put down any items in your hands (i.e., bags, jackets). • Immediately raise hands and spread fingers.
• Keep hands visible at all times.
• Avoid making quick movements toward officers such as attempting to hold on to them for safety.
• Avoid pointing, screaming and/or yelling.
Do not stop to ask officers for help or direction when evacuating, just proceed in the direction from which officers are entering the premises.
Information to provide to law enforcement or 911 operators:
• Location of the active shooter
• Number of shooters, if more than one
Physical description of shooter/s
• Number and type of weapons held by the shooters
• Number of potential victims at the location
Resolution 2025-04
16 Effective May 27, 2025
The first officers to arrive to the scene will not stop to help injured persons. Expect rescue teams comprised of additional officers and emergency medical personnel to follow the initial officers. These rescue teams will treat and remove any injured persons. They may also call upon able-bodied individuals to assist in removing the wounded from the premises. Once you have reached a safe location or an assembly point, you will likely be held in that area by law enforcement until the situation is under control, and all witnesses have been identified and questioned. Do not leave the safe location or assembly point until law enforcement authorities have instructed you to do so.
Managing the consequences of an active shooter situation:
After the active shooter has been incapacitated and is no longer a threat, the Incident Commander and Emergency Response Team will engage in post-event assessments and activities, including:
• An accounting of all individuals at a designated assembly point to determine who, if anyone is missing and potentially injured.
• Determining a method for notifying families of individuals affected by the active shooter, including notification of any casualties.
Resolution 2025-04
Effective May 27, 2025 17
AGENDA ITEM
PROPOSED BY: Eric G. Ziegler
MEETING DATE: May 27, 2025
RECOMMENDATION
Motion to approve Engagement of Bryant Jolly CPA as the City's Auditor for a Period of Three Years Beginning with the Fiscal Year Ending June 30, 2025, continuing through the Fiscal Year ending June 30, 2027; and authorize Mayor and City Clerk to execute the Letter of Engagement on behalf of the city.
BACKGROUND
Attached hereto is a proposed letter of engagement submitted by Bryant Jolly, CPA who has been the city's auditor for the past several years.
Given Mr. Jolly's demonstrated competency to date, staff recommends that Council favorably consider a motion to approve the Engagement of Bryant Jolly CPA as the City's Auditor for a Period of Three Years Beginning with the Fiscal Year Ending June 30, 2025, continuing through the Fiscal Year Ending June 30, 2027; and to authorize the Mayor and City Clerk to execute the Letter of Engagement on behalf of the city.
BRYANT L. JOLLEY
CERTIFIED PUBLIC ACCOUNTANTS Bryant L. Jolley C.P.A.
Ryan P. Jolley C.P.A
Darryl L. Smith C.P.A
Luis A. Perez C.P.A.
Lan T. Kimoto
May 8, 2025
To City of Council and Mr. Eric G. Ziegler
City of Maricopa
400 California Street
Maricopa, California 93252
We are pleased to confirm our understanding of the services we are to provide the City of Maricopa for the fiscal years ended June 30, 2025, June 30, 2026, and June 30, 2027.
Audit Scope and Objectives
We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, and the disclosures, which collectively comprise the basic financial statements of the City of Maricopa as of and for the fiscal years ended June 30, 2025, June 30, 2026, and June 30, 2027. Accounting standards generally accepted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City of Maricopa's basic financial statements. Such information, although not a part of the basic financial statements, is reporting for placing the basic financial statements in an appropriate operational, economic, or historical context As part of our engagement, we will apply certain limited procedures to the City of Maricopa's RSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance. The following RSI is required by GAAP and will be subjected to certain limited procedures, but will not be audited:
1) Management's Discussion and Analysis
2) Budgetary Comparison Schedules
We have also been engaged to report on supplementary information other than RSI that accompanies the City of Maricopa's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS, and we will provide an opinion on it in relation to the financial statements as a whole in a separate written report accompanying our auditor's report on the financial statements:
1) Schedule of Expenditures of Federal Awards.
2) Combining Balance Sheet - Nonmajor Governmental Funds 3) Combining Statement of Revenue, Expenditures and Changes in Fund Balance - Nonmajor Governmental The objectives of our audit are to obtain reasonable assurance as to whether the financial statements as a whole are free from material misstatement, whether due to fraud or error; issue an auditor's report that includes our opinion about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP; and relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements.
901 "N" STREET, SUITE 104 FIREBAUGH, CALIFORNIA 93622 PHONE 559.659.3045 FAX 559.659.0615 The objectives also include reporting on internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards.
Auditor's Responsibilities for the Audit of the Financial Statements We will conduct our audit in accordance with GAAS and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of your accounting records of the City of Maricopa and other procedures we consider necessary to enable us to express such opinions.
As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit.
We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, 2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government.
Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.
We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government's ability to continue as a going concern for a reasonable period of time.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected customers, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement.
We have identified the following significant risks of material misstatement as part of our audit planning:
According to GAAS, significant risks include management override of controls, and GAAS presumes that revenue recognition is a significant risk. Accordingly, we have considered these as significant risks.
We may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers.
Our audit of financial statements does not relieve you of your responsibilities. . Audit Procedures—-Internal Control
We will obtain an understanding of the government and its environment, including internal control relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due 2 to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards.
Audit Procedures-Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Maricopa's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.
Responsibilities of Management for the Financial Statements Our audit will be conducted on the basis that you acknowledge and understand your responsibility for designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; following Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with accounting principles generally accepted in the United States of America, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements.
Management is responsible for making drafts of financial statements, all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by GAAS and Government Auditing Standards.
Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, steps to remedy fraud and noncompliance with provisions of laws, regulations, or contracts or grant agreements that we report.
You are responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with accounting principles generally accepted in the United States of America (GAAP). You agree 3 to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information.
Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information.
Other Services
We will also assist in preparing the financial statements, schedule of expenditures of federal awards, related notes, Annual Street Report, and the State Controller's City Financial Transactions Reports of the City of Maricopa in conformity with accounting principles generally accepted in the United States of America based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.
You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.
Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing.
We will provide copies of our reports to the City Council; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection.
The audit documentation for this engagement is the property of Bryant L. Jolley, CPA and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to the Department of Finance or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for the purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Bryant L. Jolley's personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend or decide to distribute the copies or information contained therein to others, including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the Department of Finance. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the partyies) contesting the audit finding for guidance prior to destroying the audit documentation.
4 Bryant L. Jolley, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. We expect to begin our audit on approximately September 2025 and to issue our reports no later than October 2025.
Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $20,000, $21,000, and $22,000 for fiscal years June 30, 2025, June 30, 2026, and June 30, 2027, respectively. The preparation of the State Controller's City Financial Transactions and the City Street Annual Report will be $3,000 annually based on audited numbers or $4,500 prepared using unaudited numbers. If a Single Audit is applicable to the City there will be an additional cost of $5,500 per major program. If there is an implementation of new GASB standard there will be an additional cost of $1,500. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit Our invoices for these fees will be rendered upon completion of the audit and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out- of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs.
Reporting
We will issue a written report upon completion of our audit of the City of Maricopa's financial statements. Our report will be addressed to the management and the City Council of the City of Maricopa. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor's report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement.
We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will state (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The report will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City of Maricopa is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements.
We appreciate the opportunity to be of service to the City of Maricopa and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the attached copy and return it to us.
Very truly yours,
Mallo,
Bryant L. Jolleý, CPA
5 RESPONSE:
This letter correctly sets forth the understanding of the City of Maricopa.
Eric G. Ziegler, City Administrator
6 RESPONSE:
This letter correctly sets forth the understanding of the City of Maricopa to approve engagement of Bryant Jolly, CPA as the auditor for the period of three years beginning with the Fiscal Year Ending June 30,2025, continuing through Fiscal Year Ending June 30, 2027.
SIGNED AND APPROVED THIS 27th DAY OF MAY, 2025.
Cory Morse, Mayor Date
ATTEST:
By: Meghan Anderson, City Clerk
6 AGENDA ITEM
TITLE: Correspondence from State Water Resources Control Board (SWRCB) re Maricopa Sewer Project PROPOSED BY: Eric G. Ziegler
MEETING DATE: May 27, 2025
RECOMMENDATION:
1. Review/Discuss Correspondence from State Water Resources Control Board (SWRCB) re Maricopa Sewer Project.
2. Direct staff to work with A&M Consulting Engineers to seek reconsideration of the SWRCB decision to deny the city's budget modification request in an additional amount of $7,621,833.
3. Given that the city is eligible for $$7,378,169 in grant/principal forgiveness, direct staff to work with A&M Consulting Engineers to reduce the scope of the proposed sewer project to conform to the $7,378,169 budget cited in the September 1, 2021 Agreement referenced in Paragraph 1 of the SWRCB correspondence attached hereto.
4. Direct staff that to inform SWRCB that given the city's circumstance as one of the most financially challenged cities in the state, it is clearly unable to service a $7,621,833 loan and has therefore elected to decline the CWSRF loan and to withdraw its current FBA request.
BACKGROUND
The city has received the attached correspondence from the State Water Resources Control Board concerning funding for the city's log awaited sewer improvement project.
To understand where we are and how we got there, a bit of history is in order. Maricopa has had sewer issues since at least 1993.
It has attempted to resolve these problems on many occasions but has always been blocked by a lack of financial strength.
In 2016, the city applied for and was granted a $500,000 planning grant and the first step in what so far has proved to be an eight- year saga toward design and construction of a new sewer system. Among the products of the planning grant were sewer service fee rate studies, state and federal environmental studies, preliminary design considerations and other information that proved useful in applying for and being awarded a $7,378,169 Grant/Principal Forgiveness Agreement in September, 2021.
Since that time, the city and its consulting engineers have pursued the project diligently. The city has prepared and adopted ordinances requiring properties to connect to the sewer system within a certain time period and, by extension phasing out septic tank systems.
This project went to bid almost one year ago. The low bid at that time was approximately $15 million. Since the actual bids were essentially twice budget, the city submitted a final budget approval (FBA) proposal to the SWRCB seeking additional funding. After working with the SWRCB for almost 10 months, the state has now declined to fund the FBA on a grant/principal forgiveness basis and has instead tentatively offered a loan through the stare revolving fund.
As a purely practical matter, there is no way that the city can service a $7.6 million debt.
With this in mind, staff suggests that Council proceed thusly:
1. Review/Discuss Correspondence from State Water Resources Control Board (SWRCB) re Maricopa Sewer Project.
2. Direct staff to work with A&M Consulting Engineers to seek reconsideration of the SWRCB decision to deny the city's budget modification request in an additional amount of $7,621,833.
3. Given that the city is eligible for $$7,378,169 in grant/principal forgiveness, direct staff to work with A&M Consulting Engineers to reduce the scope of the proposed sewer project to conform to the $7,378,169 budget cited in the September 1, 2021 Agreement referenced in Paragraph 1 of the SWRCB correspondence attached hereto.
4. Direct staff that to inform SWRCB that given the city's circumstance as one of the most financially challenged cities in the state, it is clearly unable to service a $7,621,833 loan and has therefore elected to decline the CWSRF loan and to withdraw its current FBA request.
City Adm.
Approval FISCAL IMPACT:
$
Eric G. Ziegler Funds Budgeted: Yes No L Amount Required Amount Budgeted Appropriation Requested
Account Number Reviewed by Finance
[email protected]
From: Miras, Jonathan@Waterboards <Jonathan. [email protected]> Sent: Monday, May 19, 2025 2:46 PM
To: [email protected]
Cc: 'Alfonso Manrique, PE*; Brandon Cauble; [email protected]; Siddiqui, Mehreen@Waterboards; Miras, Jonathan@Waterboards
Subject: City of Maricopa (8206-210) Sewer Collection System Improvements Project - Funding Update
Attachments: Maricopa - WWTP Improvements - FBA (Revised)_8.26.2024.pdf Hello Eric,
On September 1, 2021, the City of Maricopa (City) received the Agreement in the amount of $7,378, 169 in CWSRF Cap Grant for the Project. The Agreement was amended on November 2, 2022, to extend the Project schedule. On the Final Budget Approval (FBA) Form, dated August 26, 2024, the City requested an additional $7,621,831 to complete the Project.
The 2024-2025 Clean Water State Revolving Fund (CWSRF) Intended Use Plan (UP) states that projects that address violations of waste discharge requirements or National Pollutant Discharge Elimination System (NPDES) permits and projects that connect previously unsewered areas or join communities to regionalize wastewater treatment works are considered priority for grant/PF funding (Priority Projects). After further discussion internally, the Project has been deemed as a Non-Priority Project. Therefore, the City is eligible to receive $7,378,169 in grant / principal forgiveness (PF) for the Project. The remaining amount ($7,621,831) would be in CWSRF Loan.
If these terms are not acceptable to the City, we recommend the City look at opportunities to reduce the scope of the Project, such as removing additive bid items or phasing the Project. Please let me know how the City would like to proceed with the Project. First, the City will need to let us know what they would like to do with their current FBA. If the City is prepared to move forward with CWSRF Loan, we will need the following financial documents to complete an updated financial review for the Project:
• Audited Financial Statements for FY 2020-2021, 2021-2022, 2022-2023, and 2023-2024 • Budget Projections for FY 2024-2025, FY 2025-2026, FY 2026-2027, and FY 2027-2028 • An Updated Rate Adoption Resolution, Copy of Rates, and Public Notice of Proposition 218 Meeting (if applicable - the rate resolution we have on file is Resolution No. 19-13) An Updated Schedule of All Material Debt
An Updated Debt Management Policy
More urgently, if the City would like to continue with the Project, a Time Extension request will need to be submitted.
Regards,
Jonathan Miras
Water Resource Control Engineer
Division of Financial Assistance | State Water
Resources Control Board
IFORNIA Phone: (916) 319-9323
Water Boards Fax: (916) 341-5708
[email protected]
1001 "T" Street, 16th Floor, Sacramento, CA 95814
1 State Water Resources Control Board
Division of Financial Assistance (Division)
State Revolving Fund
Final Budget Approval Form
Note: The Division recommends (but does NOT require) that the construction contract be awarded after the financing agreement is finalized based on this Final Budget. The applicant should submit this form and ALL attachments as soon as possible after the bid or proposal opening to allow the Division sufficient time to review the Final Budget Approval form and finalize the financing agreement.
1. Recipient Name and Address State Assigned Project No.
City of Maricopa; 400 California St, Maricopa, CA 93252 C-06-8206-210
2. Have any protests regarding award of the construction contracts been received? • Yes • No If yes, give date protests were resolved: Attach copies of the protests and resolutions. All protests must be resolved before submittal of this form.
Contractor Debarred or Disqualified? • Yes No (Debarment of Contractor prevents SRF funding participation:
http://www.sam.gov and http://www.waterboards.ca.gov/water_issues/programs/ustcf/dbp.shtml)
3. SRF Financing Summary Actual Project
Costs
A. Construction Cost (listed by name of prime contractor or vendor):
1. Unified Field Services, Inc. $ 12,503,805.94
2. $
B. Pre-Purchase Material/Equipment $
C. Purchase of Land $
D. Allowances (Soft Costs):
1. Planning $
2. Design $ 400,000.00
3. Contingencies $ 1,250,000.00
4. Construction Management $ 821,194.06
5. Administration
$ 25,000.00
6. Value Engineering (VE) Was VE Performed? • Yes A No $ E. Total SRF Financing Requested $ 15,000,000.00
4. Total Financing Summary
A. Cash $
B. Grants, Identify: $
C. Bond Proceeds, Identify: $
D. Short term loans or notes, Identify: $
E. Other Funds, Identify: $
F. SRF Financing $ 15,000,000.00
G. SRF Match Share: Only applicable if Match financing per section V of the CWSRF Policy or $ section VI of the DWSRF Policy
H. Additional Financing Needed, Identify: $
I. Total Project Cost $ 15,000,000.00
5. Start Construction/Notice to Proceed Date: January 1, 2025 Final Completion of Construction Date: January 1, 2026 Initiation of Operation Date: January 1, 2026 The Recipient's property rights necessary for the project extend through date: Not Applicable
6. Also, attach the information requested on page 2.
The undersigned Authorized Representative of the applicant certifies that the information contained above and in attached documents and material in support thereof are true and correct. In addition, the undersigned Authorized Representative of the applicant certifies that the applicant has completed or will comply with all applicable federal and state laws.
Signature of Authorjzed Representative Date
08/26/2024
Name, Title,/and Phone Number of Authorized Representative (type or print) ERIE 6. ZIEGLER, Cry 10MMUTRAToR (661) 333 - 31/3
Revised 8/2016
6 (Continued). The recipient must attach the following information to Final Budget Approval Form (if not previously submitted):
A. Copies of any bid protests and resolution documentation.
B. As advertised Plans & Specification (P&S) stamped by a Professional Engineer and all Addenda or final Request For Proposals (RFP).
C. Proof that Davis-Bacon Wage rate determinations were inserted in the Project P&S or RFP used in bidding the Project.
D. Final appropriate Waste Discharge Requirements (WDR) or updated WDR, if applicable E. Tabulation of all bids or proposals received.
F. Copy of the bid(s) or proposal(s) selected and purchase orders issued. If the apparent low bid or proposal was rejected, a complete explanation for the rejection must be provided.
G. Evidence of advertising (submit copies of all advertisements) for the project).
H. All Disadvantaged Business Enterprise (DBE) documentation, as follows:
• Copy of Bidder's list with the following information:
• Entity's name with point of contact
• Entity's address and telephone number
• Project description on which the entity bid
• Amount of bid
• Entity's status as DBE
Information and guidance on DBE can be found at:
http://www.waterboards.ca.gov/water issues/programs/grants loans/srf/docs/policy0513/dbe compliance quidelines instructions.pdf I. A copy of any Notice(s) to Proceed issued, if available.
J. Copy of signed Construction Contract that includes final Davis-Bacon Wage rate determinations, if available.
K. Value Engineering (VE) Study with recommendations and responses, if applicable.
L. If applicable, items required by conditions in the Financing Agreement (Exhibit D), if not previously submitted.
M. If applicable, submit the appraisal(s) used to determine the fair market value of any land purchased dated within six months. CWSRF projects should submit two appraisals plus an independent review of the land purchase dated within six months of the effective date of the Installment Sales Agreement. The State Water Board will be recorded as first lienholder on the deed of trust. The Division may waive these requirements for easements with a purchase Upload this form and all attachments to your Financial Assistance Submittal Tool (FAAST) account at:
https://faast.waterboards.ca.gov/
If you need help with FAST contact the FAAST Help Desk at 1-866-434-1083 or FAAST [email protected]
Revised 8/2016