McFarland City Council
April 25, 2024

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less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area. (f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation.

The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior

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to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Contractor, its agents, representatives, employees or subcontractors.
(d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay the premium from any payments due to the Contractor. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other Party involved with the Project who is brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. (o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, agents, representatives, and volunteers (collectively, “Indemnitees”) from and against all liability, loss, damage, expense, cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s (or its employees’, officers’, agents’, or subcontractor’s) performance of the work hereunder or its failure to comply with any of its obligations contained in this Agreement, including any injuries to or death of any person (including, but not limited to, workers and the public), or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, negligence or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under this Agreement, or by or on account of any act or omission by the Contractor (or it employees /agents) or its subcontractors (or their employees / agents) during the progress of the work or at any time before the completion and final acceptance of the Project by the City, except with respect to any loss or damage

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which is caused by the sole or active negligence or willful misconduct of the City as determined by a court of competent jurisdiction. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including, without limitation, reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by the City or any Indemnitees. In instances where City or its Indemnitees is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

5.4 Notification of Third-Party Claims.

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

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following in the form required under the Contract Documents or otherwise by the City Clerk:
(a) A performance bond in the amount of the Contract Sum of this Agreement, which secures the faithful performance of this Agreement (“Performance Bond”). (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement (“Payment Bond”).
(c) A warranty bond, guaranteeing the Contractor’s warranty under Section 1.11 of this Agreement, in an amount not less than 5% of the Contract Sum.

The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement.

City shall release the Performance Bond and Payment Bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement, (b) the work for the Project has be finally accepted by the City, and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Payment Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

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5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required under Article 5 of this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services.

Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest.

Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require.

Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation

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as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse, or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse, or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

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

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

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of California, in the County of Fresno, State of California.

7.2 Termination.

The City may terminate this Agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained or contained in the Specifications at the time and in the manner as required. In the event of such termination, the City may proceed with the work in any manner deemed proper by the City. The cost to the City shall be deducted from any sum due the Contractor under this Agreement, and the balance, if any, shall be paid to the Contractor upon demand.

7.3 Dispute Resolution Process.
(a) Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Additionally, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. (b) For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
(c) The following requirements apply to all claims to which this Section applies:
i. Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided in this Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
ii. Supporting Documentation. The Contractor shall submit all claims in the following format:

1. Summary of the claim, including references to the specific Bid Document provisions or provisions under this Agreement upon which the claim is based.

2. List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other.

3. Chronology of events and correspondence related to the claim.

4. Statement of grounds for the claim.

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5. Analysis of the claim’s cost, if any.

6. Analysis of the claim’s time/schedule impact, if any. (d) City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.
i. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
ii. Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. iii. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. (e) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(f) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
i. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third Party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

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ii. For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third Party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in this Section. iii. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. iv. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (g) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this Section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(h) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims.
(i) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
i. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code Section 9204 and the procedures in this Section. The mediation process shall provide for the selection within 15 days by both Parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
ii. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of

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Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
iii. Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division.
iv. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the reasonable attorneys’ fees of the other Party arising out of the trial de novo.

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

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

7.6 Unfair Business Practices Claims.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in

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interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

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

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9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of McFarland, 401 W Kern Ave, McFarland, CA 93250, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.

9.3 Interpretation.

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

9.4 Counterparts.

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

9.5 Integration; Amendment.

This Agreement, together with the documents incorporated herein (including the Standard Specifications and the Contract Documents) and the exhibits attached hereto constitutes the entire, complete, and exclusive expression of the understanding of the Parties with respect to the subject matter hereof. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

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

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation,

-24-
partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “non-interests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third Party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third Party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 Corporate Authority.

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

-25-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF MCFARLAND, a municipal
corporation
Saul Ayon, Mayor
ATTEST:

Francisca Alvarado, City Clerk
APPROVED AS TO FORM:

HODGES LAW GROUP
By:

Nathan M. Hodges, City Attorney
CONTRACTOR:

CEN-CAL CONSTRUCTION
By:

Name:

By:

Name:

Address:

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

PAGE LEFT BLANK INTENTIONALLY

EXHIBIT A
CONTRACTOR’S BID

EXHIBIT B

SPECIAL REQUIREMENTS
NONE

PERFORMANCE BOND
WHEREAS, the CITY OF MCFARLAND, (“City”), has awarded to Cen-Cal Construction, as Contractor (“Principal”), a Contract for the work entitled and described as follows: HSIP Cycle 10 - Pedestrian Safety Improvements - Various Locations - HSIPSL 5343 (018); WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of One Hundred Forty-Nine Thousand One Hundred Forty-Six dollars and Ninety-nine cents ($149,146.99) this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on , 2024 PRINCIPAL
By:
(Seal Of Corporation) Name:

Title:
(Attach Acknowledgment of Authorized Representative of Principal)

Any claims under this bond may be addressed to:

Name and address of Surety:

Name and address of Surety's agent for service of process in California, if different from above:

Telephone number of Surety’s Agent in California:
(Attach Acknowledgment)
SURETY
By:
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF MCFARLAND, (“City”), has awarded to Cen-Cal Construction, as Contractor (“Principal”), a Contract for the work entitled and described as follows: HSIP Cycle 10 - Pedestrian Safety Improvements - Various Locations - HSIPSL 5343 (018); WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law; NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of One Hundred Forty-Nine Thousand One Hundred Forty-Six dollars and Ninety-nine cents ($149,146.99) this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder. ///
///
///

Executed on , 2024 PRINCIPAL
By:
(Seal Of Corporation) Name:

Title:
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:

Name and address of Surety:

Name and address of Surety's agent for service of process in California, if different from above:

Telephone number of Surety’s Agent in California:
(Attach Acknowledgment)
SURETY
By:
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of McFarland
Project: HSIP Cycle 10 - Pedestrian Safety Improvements - Various Locations - HSIPSL 5343 (018)
Type of Insurance: Workers' Compensation and Employers' Liability Insurance THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation: Statutory Limits Under
the Laws of the State of California
Employers' Liability:
$ Each Accident
$ Disease - Policy Limit
$ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By:
(Company Representative)
(SEE NOTICE ON NEXT PAGE)

Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.

CONVENTIONAL SYMBOLS UTILITY SYMBOLS CITY OF McFARLAND DEPARTMENT OF PUBLIC WORKS PROJECT PLANS FOR HSIP CYCLE 10 PEDESTRIAN SAFETY IMPROVEMENTS VARIOUS LOCATIONS HSIPSL 5343 (018) GENERAL NOTES VICINITY MAP NTS LOCATION MAP NTS STATE OF CALIFORNIA CONTACT INFORMATION SHEET 2 McFARLAND Know what's below Call 811 before you dig BHT01 SHEET 3SHEET 4 SHEET 5 & 6 SHEET INDEX

3RD PL. W. PERKINS AVE. SEE ENLARGED PLAN THIS SHEET BHT02 DAVIS
AVE.

E. PERKINS AVE.

SAN
LUCAS
ST. E. PERKINS AVE. BHT03

SEE BELOW LEFT
ALLEY

SEE ABOVE RIGHT
SAN
PEDRO
ST. E. PERKINS AVE.

ALLEY

BROWNING
ROAD E. SHERWOOD AVE. E. SHERWOOD AVE. BHT04
ALLEY

W. KERN AVE. BHT05
4TH ST.
"CLOSED" W. KERN AVE. SEE SHT-06

01 TRENCH DRAIN NTS 02 CONCRETE CHANNEL NTS BHT06

02 SOLAR PCU/PED XING WARNING SIGN NTS NOTES: 01 CALTRANS STD. PLAN A20A, A24D, A24E, A24F (PARTIAL) 03 PULL BOX DETAIL NTS NO PASSING ZONES - TWO DIRECTION DETAIL 21 BHT07

SIGN SUPPORT RECEIVER ASSEMBLY BHT08

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 8.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: April 25, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Serrena McCuan, Human Resources Director
SUBJECT: APPROVAL OF RESOLUTION NO. 2024-54 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND APPROVING A PROPOSAL FOR THE MCFARLAND EMERGING LEADERS, AN INTERNSHIP PROGRAM.

SUMMARY:

The purpose of this staff report is to propose the initiation of a new city government internship program, titled, McFarland Emerging Leaders Program. This program is aimed towards local residents to help foster public service skills and community engagement. The scope of this report will outline the proposed program objectives, structure, eligibility criteria, and operational details. The objective of this program is to provide hands-on experience in municipal operations and public service, to engage local residents in community development and governance, and to build a pipeline of individuals skilled for future employment in city government. Our target audience will be local residents, with sub-programs for high school students, college students, and post-college adults. The structure of the program will consist of the following:

Internship Program Structure
• Duration and Timing: the length of timing for different sub-programs will consist of a yearly program
• Departments Involved: The departments participating in the internship will be Community Development, Finance & Accounting, City Manager's Office, and Public Works.
• Roles and Responsibilities: We will evaluate what roles the interns might fill and what their key responsibilities will be.

Recruitment and Selection Process
• The eligibility criteria will be established based on residency and educational background.
• Interns will be recruited through local schools, community centers, or online platforms. • The selection process will consist of an application, interview, and an assessment.

Training and Development Process

• The orientation will aim to acclimate new interns to the city government's environment and introduce them to the organizational structure, culture, and the specific roles they will play, aligning their expectations and responsibilities. • An open welcome by key city officials, a tour of the facilities, and an introduction to department heads, to include initial training and communicating tools and safety protocols.
• The duration of the orientation will last for a day, dedicated to general introduction and focusing on department-specific training.
• Interns will receive an orientation packet containing a program handbook, contact lists, and relevant policy and procedure manuals.
• Training sessions will be conducted weekly, covering a range of topics essential for effective public service. These will include public administration basics, data management, community engagement strategies, and sector-specific knowledge dependent on the department. Dependent on their assigned departments, interns may receive specialized training sessions. For example, interns in the Finance Department will undergo training in municipal budgeting processes and fiscal compliance. Monthly workshops will be organized on skills crucial for career advancement in public service, such as leadership skills, conflict resolution, ethical decision-making, and literacy.

Interns will be assessed based on specific metrics including completion of tasks, engagement in projects, quality of work, and adherence to departmental standards. Evaluations will be conducted midyear and at the end of the internship. Interns will receive regular feedback through formal reviews and informal meetings with supervisors. Additionally, there will be an open dialogue of feedback that will provide the interns with an opportunity to submit their thoughts on the program and suggest improvements.

Implementation Timeline

1. Program Approval

2. Recruitment Start

3. Program Launch

4. Midyear Evaluations

5. Final Evaluations
These milestones are planned to start with program approval and will proceed according to the timelines specific to each intern and their corresponding subprogram. This report provides a comprehensive overview, linking how the program will be assessed, funded, implemented, and how it plans to address potential challenges. This structure ensures clarity and actionable insights for city officials and administration involved in the internship programs development and execution.

FINANCIAL IMPACT:

The proposed program is designed to integrate into our current budget structure without necessitating additional funding for the current fiscal period. This strategic approach ensures that we can proceed with initial implementation stages using existing resources, minimizing financial strain, and aligning with our organizational fiscal policies.

RECOMMENDATION:

Based on the comprehensive planning and potential benefits of the McFarland Emerging Leaders Program, it is strongly recommended that the City Council approve and support the initiation and funding of this program. This initiative promises to enhance civic engagement, provide valuable work experience for residents, and build a reservoir of skilled potential employees for future city needs. The implementation of the program should proceed as outlined in the staff report, with departments collaborating to ensure a seamless launch and effective operation. Adequate resources should be allocated to guarantee the program's success. It is recommended to establish a robust monitoring and evaluation framework to assess the program's effectiveness and make adjustments as needed. This will ensure the program meets its objectives and provides real value to both the interns and the city.

ATTACHMENTS:

1. McFarland Emerging Leaders Program (Internship)

RESOLUTION NO. 2024-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING A

PROPOSAL FOR THE MCFARLAND EMERGING LEADERS PROGRAM, AN INTERNSHIP

PROGRAM
WHEREAS, the City recognizes the need to engage local residents in governance and public service, and the value of fostering a skilled workforce prepared for future opportunities within city government;
WHEREAS, the proposed McFarland Emerging Leaders Program aims to provide practical experience and training to residents, focusing on high school students, college students, and post-college adults through structured sub-programs;
WHEREAS, the program has been meticulously planned with detailed components including recruitment, training, performance evaluation, budgeting, and a timeline for effective implementation; WHEREAS, the program promises to enhance community involvement, develop professional skills among participants, and potentially prepare participants for future employment opportunities with the City;
WHEREAS, it is important for the City to invest in its residents and future leaders to ensure continued growth, innovation, and effective governance.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. Approval of Program: The City Council hereby approves the initiation of the McFarland Emerging Leaders Program, as detailed in the accompanying staff report, recognizing its potential to enhance civic engagement, provide meaningful work experiences, and prepare local residents, and build a reservoir of skilled potential employees for future city needs.

2. Allocation of Funds: That the necessary funds be allocated for the successful launch and ongoing support of the internship program. This includes funding for administrative costs, training sessions, intern salary, and other operational expenses outlined in the funding section of the proposal.

3. Implementation Oversight: The Human Resources Department is tasked with the oversight of the program's implementation, ensuring that all activities are conducted in accordance with the outlined timeline and milestones. Regular progress reports will be submitted to the City Manager for review.

4. Establishment of Partnerships: That efforts be made to establish and maintain partnerships with

local education institutions and businesses to enhance the scope and impact of the internship program. These partnerships should aim to provide additional resources, increase the programs' reach, and support the professional development of interns.

5. Continuous Evaluation and Improvement: The program should continuously be refined based on these evaluations to better meet the needs of the community and the objectives of the city government.

6. Future Amendments: The City council reserves the right to make amendments to the program as deemed necessary based on the evaluations and changing circumstances to enhance the effectiveness and reach of the program.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on April 25, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
Anita Gonzalez
María T. Pérez

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Francisca Alvarado, City Clerk
I, _________________________, City Clerk of the City of McFarland, California, DO HEREBY CERTIFY that the foregoing resolution is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of McFarland on the date and by the vote indicated herein. _____________________________
Francisca Alvarado, City Clerk

MCFARLAND EMERGING LEADERS

INTERNSHIP PROGRAM
Table of Contents

1. Program Overview

2. Sub-Programs
• High School Internship (McFarland Youth Initiative)
• College Internship (McFarland Collegiate Fellows)
• Post-College Internship (McFarland Graduate Leadership Program)

3. Recruitment & Selection Process

4. Performance Evaluation & Feedback

5. Funding & Budgeting

6. Monitoring and Improvement

1. Program Overview
The program is divided into three sub-programs targeting High School Students, College Students, and Recent College Graduates. Each sub-program is designed to align with the educational level and availability of the participants.

Objectives:
• Community Development: Develop a pipeline of future public servants from local backgrounds to address community-specific needs.
• Educational Foundation: Offer foundational knowledge and experience in municipal operations to foster career interest in public service.
• Partnerships: Enhance collaborations between city departments and local educational institutions. • Community Engagement: Increase engagement and support for low-income and disadvantaged communities through intern involvement.

Program Structure:
• Three tailored sub-programs targeting different educational levels to maximize impact and accessibility.
• Strategic departmental involvement to provide a broad spectrum of municipal exposure.

Departments and Partners Involved:
• Departments: Community Development, Public Works, Finance & Accounting, City Manager’s Office.
• Educational Partners: McFarland Unified School District, Bakersfield College, California State University, Bakersfield.

MCFARLAND EMERGING LEADERS

INTERNSHIP PROGRAM

2. Sub-Programs
High School Internship (McFarland Youth Initiative)
• Duration and Hours: 8-10 weeks, 15-20 hours per week during summer. • Funding: School district funds, local grants.
• Eligibility: GPA of 2.5+, resident of McFarland, prior community service of a minimum of 10 hours.
• Key Tasks: Job-shadowing, community event planning, basic municipal operations.

College Internship (McFarland Collegiate Fellows)
• Duration and Hours: 12-16 weeks, 20-25 hours per week during academic semesters. • Funding: Scholarships, direct educational institution funding. • Eligibility: GPA of 3.0+, enrollment in partner institutions, Kern County residency. • Key Tasks: Project work, analytical assignments, skill-building workshops.

Post-College Internship (McFarland Graduate Leadership Program) • Duration and Hours: 6-12 months, full-time.
• Salary: Competitive, industry-standard.
• Eligibility: Recent graduates (within 2 years), GPA of 3.2+, local residency. • Key Tasks: Leadership in projects, rotational assignments, presentations to City Council.

3. Recruitment & Selection Process
• Application: Online portal submission (resume, transcripts, cover letter, department preference). • Screening: Documentation, recommendation letters.
• Assessment: Written/video tasks.
• Interview: Multi-departmental panel.

4. Performance Evaluation & Feedback
• Evaluations: Mid-term and final evaluations focusing on skills, community impact, and goal alignment.
• Exit Interviews: Gather feedback to refine the program.

5. Funding & Budgeting
The program will be included in the 2024-2025 fiscal year, contingent upon the establishment of positions for the internship program.

6. Monitoring and Improvement
Periodic Reviews: Quarterly financial and program performance reports.

Key Performance Indicators (KPIs): Track intern progression to full-time roles, impact on community projects.

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 9.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: April 25, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Serrena McCuan , Human Resources Director
SUBJECT: APPROVAL OF RESOLUTION NO. 2024- RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND APPROVING THE EMPLOYMENT

AGREEMENT BETWEEN THE CITY AND ADRIAN OLMOS FOR THE

POSITION OF CAPTAIN
SUMMARY:

The position of Captain is crucial for the leadership and operational effectiveness of the McFarland Police Department. After a thorough recruitment and selection process, Adrian Olmos has been identified as the candidate best suited for this role.

Discussion
Adrian Olmos brings significant experience and expertise, which will be vital in managing the Police Department's operations and staff. His role will include overseeing service delivery methods, participating in the development of departmental policies, and acting as a liaison with other city departments and external agencies. The employment agreement outlines a threeyear term, demonstrating the city's commitment and stability in leadership for the Police Department.

The terms of the employment agreement include an annual salary of $105,000, benefits comparable to those of other city employees, and specific provisions related to duties, at-will employment status, and termination conditions.

FINANCIAL IMPACT:

The salary and benefits for the Captain position have been allocated in the city's current fiscal year budget.

RECOMMENDATION:

It is recommended that the City Council approve the attached resolution to authorize the execution of the employment agreement between the City of McFarland and Adrian Olmos for the position of Captain.

ATTACHMENTS:

1. EMPLOYMENT AGREEMENT- CAPTAIN - Final

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING

THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND ADRIAN OLMOS FOR

THE POSITION OF CAPTAIN
WHEREAS, the effective management of the McFarland Police Department is critical to the safety and well-being of the community; and
WHEREAS, the position of Captain is essential for the leadership and strategic direction of the Police Department; and
WHEREAS, Adrian Olmos has been selected as the most qualified candidate for the position of Captain based on his experience, skills, and alignment with the city’s goals; and WHEREAS, Adrian Olmos has demonstrated a commitment to community policing and fostering strong relationships between law enforcement and McFarland residents; and WHEREAS, the City recognizes the need to maintain a highly professional and accountable police force that effectively responds to community needs and challenges; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The Employment Agreement between the City of McFarland and Adrian Olmos for the position of Captain, as presented in Attachment "A," is hereby approved.

2. The Mayor is authorized to execute the Agreement on behalf of the City.

3. The City Clerk is hereby directed to ensure proper documentation and archiving of the executed Agreement within the city’s official records.

4. The City Manager is instructed to communicate this resolution and its implications to relevant city departments to ensure seamless integration and support for the new Captain.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on April 25, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon

Ricardo Cano
Amador Ayon
Anita Gonzalez
María T. Pérez

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Francisca Alvarado, City Clerk
I, _________________________, City Clerk of the City of McFarland, California, DO HEREBY CERTIFY that the foregoing resolution is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of McFarland on the date and by the vote indicated herein. _____________________________
Francisca Alvarado, City Clerk

EMPLOYMENT AGREEMENT

EMPLOYMENT AGREEMENT
This employment agreement (“Agreement”) is made on this ______day of April 2024, by and between the City of McFarland, a Municipal Corporation (“City”), and Adrian Olmos (“Olmos”). The City and Olmos are collectively referred to as the “Parties” where appropriate.

Once effective, this Agreement shall replace and supersede any prior employment contracts or agreements between the Parties, which are hereby deemed rescinded and of no further effect, except where indicated within this Agreement.

RECITALS:

WHEREAS, the City Council now wishes to engage the services of Olmos as the City’s Captain; and
WHEREAS, the position of Captain is an “at will” position, not subject to the City’s personnel rules; and
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation. The Parties incorporate the foregoing recitals as if fully set forth herein verbatim.

2. Hire. City acknowledges that it will hire Olmos as its Captain as of April 29, 2024 (“Effective Date”). Olmos and the City agree to the terms and conditions of this Agreement. Olmos shall remain in the exclusive hire of City during the term of this Agreement and shall neither accept other employment nor become employed by any other employer until the end of the Term or earlier termination of this Agreement.

3. “At-Will” Employment. Olmos’s employment with City is at the sole will, discretion, and pleasure of the City. The City Manager may fix any such additional terms and conditions of employment, as they may determine from time to time, relating to Olmos’s performance, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Municipal Code, or any other law.

The terms of the City’s personnel rules, policies, procedures, ordinances, or resolutions (collectively “Personnel Policies”) shall not apply to Olmos unless made expressly applicable, except that all policies and regulations related to the prevention of harassment, discrimination and retaliation shall apply to Olmos.

This Agreement is not intended to, or does it confer any right to any property interest in continued employment, or any due process property right to a hearing before or after a decision by the City Manager to terminate Olmos’s employment. Subject to State and

EMPLOYMENT AGREEMENT
Federal law, nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of the City to terminate the services of Olmos.

4. Duties.
a. Captain. Employee accepts employment with the City as its Captain and agrees to perform all functions, duties, and services as promulgated by City regulations and procedures, the City Manager, and the Captain job description, including, but not limited to the following:

I. Assists the Chief of Police in planning, directing, coordinating, and controlling Police Department operations.

II. Assumes management responsibility for services, programs, projects, and activities within the Police Department; coordinates the activities of sworn and non-sworn personnel in preserving order, protecting life and property, investigating crimes, and in enforcing laws and municipal ordinances.

III. Manages and participates in the development and implementation of goals, objectives, policies, and priorities for assigned programs; recommends and administers policies and procedures.

IV. Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; recommends, within departmental policy, appropriate service, and staffing levels.

V. Studies crime reports and current literature in law enforcement to determine trends and make recommendations for changes in organization and operating policies and procedures; prepares reports regarding crime incidents, calls, staffing, projects, and other indicators of department effectiveness and efficiency.

VI. Plans, directs, coordinates, and reviews the work plan for assigned staff; assigns work activities, projects, and programs; reviews and evaluates work products, methods, and procedures; meets with staff to identify and resolve problems.

VII. Selects, trains, motivates, and evaluates assigned personnel; oversees the conduct of background investigation; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline and termination procedures.

VIII. Participates in the development and administration of the Divisions’ annual budget; participates in the forecast of funds needed for staffing, equipment, materials, and supplies; monitors and approves expenditures; implements adjustments.

IX. Researches and develops grants for assigned programs; oversees grant implementation.

X. Oversees and controls the purchasing, maintenance, and inventory of assigned Police Department equipment, vehicles, and property; oversees and participates in major purchases including researching vehicles and equipment, obtaining price quotes, negotiating purchase, preparing staff/Council agenda reports, preparing purchase order requests, negotiating with vendor, and disseminating purchased equipment.

EMPLOYMENT AGREEMENT
XI. Responds to major incidents reported to the Police Department and ensures that the Incident Commander is following Incident Command System/Standardized Emergency Management System (ICS/SEMS) protocol; assumes role as Incident Commander or other role as needed for the situation.

XII. Responds to and resolves difficult and sensitive citizen inquiries and complaints; manages and investigates citizen complaints against employees; prepares reports and maintains administrative files; makes recommendations for disciplinary actions.

XIII. Serves as the liaison for the assigned functions with other divisions, departments, and outside agencies; participates with community relations including public, media, and press relations; serves as staff on a variety of boards, commissions, and committees; participates in coordinating, planning, and scheduling City special events; attends special events planning meetings.

XIV. Provides responsible staff assistance to the Chief of Police; conducts a variety of organizational studies, investigations, and operational studies; recommends modifications to programs, policies, and procedures as appropriate; develops and prepares new and revised City ordinances pertaining to the law enforcement services and activities; prepares and presents staff reports and other necessary correspondence.

XV. Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of law enforcement.

XVI. Serves as acting Chief of Police as assigned; act on behalf of the Chief of Police in the absence of same.

XVII. Performs related duties as required.

5. Term. Except as hereinafter described, the parties agree that the term of this Agreement shall be three (3) years, commencing from the effective date stated herein. The terms and conditions of this Agreement shall remain in full force and effect throughout the term, subject to any modifications agreed upon in writing by both parties. The term of this Agreement shall automatically be renewed for an additional one (1) year on the effective date after the initial three (3) year term, unless mutually agreed by both parties to renegotiate the terms of this contract. The termination of this Agreement may be accomplished pursuant to the provisions of Section 6 of This Agreement.

6. Termination. Olmos’s “at-will” employment as Captain may be terminated as follows:
a. Resignation. If Olmos elects to resign at any time during the term of this Agreement, he may do so upon giving City thirty (30) days' written notice.

Termination pursuant to such action shall occur thirty (30) calendar days after service of said notice, or on such other date as may be agreed to by the Parties. b. Retirement. If Olmos elects to retire, He shall inform City, in writing, at least thirty (30) days prior to the effective date of such retirement. City shall cooperate fully with Employee to provide all information in a timely manner.

EMPLOYMENT AGREEMENT
c. Termination “Without Cause.” City reserves the right to terminate this Agreement and McCuan's employment as Human Resources Director at any time, “without cause” or advance notice.
d. Termination “With Cause.” The City reserves the right to terminate this Agreement and Olmos’s employment at any time, “with cause.” “Cause” shall include, but not be limited to:
i. Willful misconduct or gross negligence;
ii. Theft, or attempted theft, financial mismanagement, material dishonesty, willful or persistent breach of duties, engaging in conduct tending to bring embarrassment or disrepute to the City, unauthorized or excessive absences; iii. A formal investigation commissioned by the City Council and conducted by a third-party investigator hired by the City Council in which the City Council has determined that the Employee has engaged in unlawful discrimination or harassment of Employees or any third party while on City Premises or on City time. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause;” iv. Conviction of any felony, or for any misdemeanor involving moral turpitude, corruption or dishonesty. “Conviction” shall include any guilty plea, plea of nolo contendere, or any other disposition other than a dismissal of charges or acquittal. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause;” v. Olmos’s death; or
vi. If Olmos is determined by a court of competent jurisdiction of the State of California’s Fair Political Practices Commission to have knowingly and unlawfully participated in a governmental decision I which he had a conflict of interest as defined in Government Code Section 87100 et seq. or Government Code Section 1090 et seq.;
vii. Olmos’s permanent disability if such disability precludes Olmos from performing His essential job duties for more than six (6) cumulative months after attempts at a reasonable accommodation pursuant to the Americans with Disabilities Act and/or California’s Fair Employment & Housing Act.

7. Salary and Benefits. Olmos’s salary and other benefits for all work or services called for under this Agreement shall be as follows:

A. Salary. Commencing on the Effective Date, Olmos’s annual salary shall be one hundred and five thousand dollars ($105,000), which shall be paid in bi-weekly pay periods. Any salary increases shall be implemented by written amendment to this Agreement and upon approval by the City Council.

B. Vacation. Olmos shall receive eighty (80) hours of vacation leave, commencing on the effective date. At the end of each year of Olmos’s employment, any unused vacation hours shall be cashed out prior to His accrual of an additional eighty (80) hours.

EMPLOYMENT AGREEMENT
C. Sick Leave. Olmos shall accrue eight (8) hours of sick leave per month of employment.

The balance of sick leave shall not exceed any maximum accrual amounts set forth in the City's Employee Handbook. Unused sick leave will not be paid out upon termination or expiration of this Agreement.

D. Administrative Leave. Olmos shall receive forty (40) hours of administrative leave per year, commencing on the first day of each year of his employment. Administrative leave will not carry over calendar years. At the end of each year of Olmos’s employment, any unused hours shall be cashed out prior to His accrual of an additional forty (40) hours.

E. Holiday and Other Leaves. Olmos shall receive the same leaves, holidays, and other time off as provided to other employees at the City.

F. Health Insurance Benefits. City shall provide health insurance coverage for Olmos and his family consistent with the health insurance benefits provided to City employees.

Olmos may waive this health insurance coverage so long as he has proof of other group coverage in accordance with the Affordable Care Act, (i.e. is not purchasing coverage from the exchange).

G. Term Life Insurance. The City shall pay the premiums for a group life insurance policy consistent with the City employee handbook. Olmos shall name the beneficiary of the life insurance policy, provided said beneficiary has and maintains an insurable interest in Olmos.

H. Vehicle. Olmos shall be required to adhere to all City policies and procedures regarding the use of City vehicles.

I. Cell Phone. City shall provide Olmos with a cell phone purchased by City to be used by Olmos exclusively for performance of His duties under this Agreement and City shall pay the monthly charges for the cell phone data usage. Alternatively, at Olmos’s election, City will pay Olmos an allowance of $50.00 per month for use toward His personal cell phone and data plan. Olmos acknowledges that use of the City provided cell phone, or His personal cell phone, for City business may be subject to such usage to disclosure under the California Public Records Act.

J. Retirement. City represents and Olmos acknowledges that City is not a CalPERS agency for retirement purposes. The City shall contribute the equivalent of ten percent (10%) of Olmos’s salary annually to Olmos’s 401(k) or deferred compensation retirement account. Olmos shall choose whether he wants the contribution made to His 401(k) or deferred compensation account, or a combination of both.

K. Expenses. City shall reimburse Olmos for all reasonable out-of-pocket expenses incurred while performing the duties described in this Agreement, which may include travel, meals, lodging expenses, and parking fees. Olmos shall submit a receipt and a

EMPLOYMENT AGREEMENT
description of the expenses to the City’s Finance Director within thirty (30) days of the date each expense is incurred as a condition of obtaining reimbursement.

8. Bonding and Indemnification. City shall bear the full costs of any fidelity or other bond required of Olmos under any law or ordinance. City shall defend, save harmless and indemnify Olmos from any and all demands, claims, suits, actions, or other legal proceedings (“Claims”) brought against Him in His individual capacity or in His official capacity as Captain, provided the Claims arise while Olmos is acting within the course and scope of His employment and provided He did not act or fail to act because of actual fraud, corruption or malice. The provision shall not extend to claims brought by City itself or where indemnity is otherwise prohibited by law.

9. Evaluation. The Chief of Police shall evaluate Olmos after the first six (6) months of the Term of this Agreement. Additionally, the Chief of Police shall evaluate Olmos within 30 days of each anniversary date of the Effective Date of this Agreement. The Chief of Police shall have the right to establish the format and the forms to be used.

10. Notices. Notices pursuant to this Agreement shall be deemed to be given when personally delivered to the party to whom directed or when deposited in the United States Mail, postage prepaid or by electronic mail (Email) or, if notice is given to City, if sent by confirmed facsimile, addressed as follows:

City Address
City Manager, City of McFarland Adrian Olmos
401 West Kern Avenue 9322 Chesaw Ct
McFarland, California 93250 Bakersfield, CA 93312
Email: [email protected] Email: [email protected] Either party may change his/her or its address by providing written notice to the other party in the manner described herein.

11. General Provisions.

A. Entire Agreement. This Agreement constitutes the complete understanding between the Parties, is fully integrated, and supersedes any and all prior agreements – including the Parties’ Consulting Agreement – promises, representations, or inducements, no matter their form, concerning the subject matter of this Agreement. No subsequent agreements, promises, representations, or inducements will be binding unless recorded in a written document, which specifically references this Agreement and is signed by the Parties or their authorized representatives. The Parties acknowledge that this Agreement may be used as evidence in any subsequent proceeding in which either Party alleges a breach of this Agreement or seeks to enforce its terms, provisions, obligations, or as compelled by law.

EMPLOYMENT AGREEMENT
B. Captions. The headings used in this Agreement are inserted for reference purposes only and shall not be deemed to limit or affect in any way the meaning or interpretation of any of the terms or provisions of this Agreement.

C. Severability. If any provision contained in this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be deemed severable and shall not be affected thereby and same shall remain in full force and effect.

D. Amendment. This Agreement may only be amended by a writing executed by all parties.

E. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action or motion to enforce the terms or conditions of this Agreement shall be brought only in the Superior Court of California for the County of Kern.

F. Waiver. Waiver by any party of any breach of this Agreement by the other party, whether such waiver be direct or implied, shall not be construed as a continuing waiver or consent to any subsequent breach of this Agreement on the part of the other party.

G. Further Assurances. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

H. Assignment. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as City may choose to impose.

I. Binding Effect. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

J. Merger And Modification. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in writing approved by the City Council and signed by all the parties.

K. Attorneys’ Fees. If either party commences any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement against the other party, the prevailing party, in such action or proceeding, shall be entitled to recover reasonable attorneys’ fees, costs, and all other litigation costs.

EMPLOYMENT AGREEMENT
L. Execution. This Agreement is effective April 29, 2024. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

M. Non-Interest. Except for Olmos, no officer or employee of City shall hold any interest in this Agreement (California Government Code section 1090).

N. Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.

O. Acknowledgement of Statutes That May Affect Employment Relationship. City and Employee acknowledge that, in addition to the statutes previously referenced in this Agreement, the following statutes shall govern this employment relationship under the circumstances described in the statutes:
a. Government Code section 53243 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Olmos, that provides paid leave salary offered by the local agency to the officer or Employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or Employee is convicted of a crime involving an abuse of His office or position.
b. Government Code section 53243.1 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee that provides funds for the legal criminal defense of an officer or Employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or Employee is convicted of a crime involving an abuse of His office or position. c. Government Code section 53243.3 states that on or after January 1, 2012, if a local agency, such as the City, provides, in the absence of a contractual obligation, for any of the payments described in the corresponding article of the Government Code, then the Employee or officer, such as Employee, receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the Employee or officer is convicted of a crime involving the abuse of His office or position.
d. Government Code sections 87100 et seq., section 1090 and section 1126, and all other similar statutory and administrative rules, prohibit conflicts of interest.

During the term of this Agreement, Olmos shall comply with all those requirements of law, and shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement.

EMPLOYMENT AGREEMENT
Olmos represents that He has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to him, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position.

P. Independent Legal Advice. City and Olmos represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement or had the opportunity to do so and City and Olmos further represent and warrant that each has carefully reviewed this entire Agreement and that each term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.
[Signature Page Follows]

EMPLOYMENT AGREEMENT
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective on the day and year first above written:

Dated: CITY OF MCFARLAND
By: _________________________
Saul Ayon
Title: Mayor
Dated: EMPLOYEE
By: _________________________
Adrian Olmos
APPROVED AS TO FORM:

By:

Nathan M. Hodges, Esq.

Hodges Law Group
City Attorney
Attachments:

Exhibit A: City of McFarland Position Description – Captain

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 10.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: April 25, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
SUBJECT: APPROVAL OF RESOLUTION NO. 2024-47 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND RATIFYING THE DECISION TO

PROCEED WITH AN URGENCY PURCHASE FOR THE TEMPORARY

REVERSE OSMOSIS WATER TREATMENT SYSTEM AT BROWNING ROAD

WELL AND APPROVING AN ADDITIONAL APPROPRIATION TO THE
WATER FUND.

SUMMARY:

The City of McFarland is confronted with an urgent public health issue stemming from elevated nitrate levels at the Browning Road Well, which required its temporary shutdown. This poses a significant risk to our community's health and the adequacy of our water supply as we approach the high-demand summer months. Given the critical nature of this issue, I have decided to proceed with the installation of a temporary Reverse Osmosis (RO) system as an Urgency Purchase under section 2.24.070, section F of our Municipal Code. This report seeks City Council's ratification of this decision and an additional appropriation to the Water Fund to cover the associated costs.

BACKGROUND
In August of last year, routine testing revealed that the nitrate levels in the Browning Road Well exceeded the Maximum Contaminant Level (MCL) established by health regulations. The City promptly took the well offline, but as summer approaches, the increased demand cannot be met without this crucial water source. The State Water Resources Control Board has been engaged and has promised partial funding for the capital costs and one month of operating expenses. However, additional resources are required to cover operational costs for the remaining period needed.

DISCUSSION
The temporary RO system installation is estimated to cost $371,140 with additional monthly operating costs of approximately $92,000, totaling $923,140 over six months. The urgency of this situation is underscored by the imminent arrival of summer, which will significantly increase water demand.

Given these circumstances, this purchase qualifies as an Urgency Purchase for the following reasons:

• Preservation of Health: The lack of adequate water treatment facilities would compromise the health of our community due to unsafe drinking water. • Prevention of Shutdown of Essential Services: Without the temporary RO system, the City risks not having enough water supply, essential for residential and emergency services.

MUNICIPAL CODE AND FUNDING REQUIREMENTS
According to section 2.24.070, section F of the Municipal Code, urgency purchases allow for expedited procurement to preserve life, health, or property. The steps taken comply with the municipal code:

1. Procurement of a verbal purchase order number from the purchasing officer.

2. Submission of a purchase requisition within two working days.

3. Presentation of this report for City Council's ratification.

Given the significant cost of the project, I am requesting an appropriation of $555,140 to the Water Fund. This appropriation is necessary to cover the costs of implementing and operating the RO system for approximately two months. Any need for continued funding beyond this period will be incorporated into the FY2024-25 budget process.

FINANCIAL IMPACT:

The financial impact to the Water Fund is $555,140. The State Water Resources Control Board has pledged $463,140 towards this project, primarily covering capital costs and the initial month of operational expenses. Concurrently, the City will actively seek additional funding sources to address any potential shortfalls and support extended operations, aiming to minimize the financial burden on the City's budget while ensuring the continuity of essential water services.

RECOMMENDATION:

1. Ratify the decision to classify the temporary RO system installation as an Urgency Purchase.

2. Approve an appropriation of $555,140 to the Water Fund to cover the implementation and operation of the system for the remainder of the fiscal year.

ATTACHMENTS:

1. Engineer's Cost Estimate

2. SHT01_BROWNING TEMP RO SYSTEM SITE PLAN

RESOLUTION NO. 2024-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND RATIFYING

THE DECISION TO PROCEED WITH AN URGENCY PURCHASE FOR THE TEMPORARY

REVERSE OSMOSIS WATER TREATMENT SYSTEM AT BROWNING ROAD WELL AND

APPROVING AN ADDITIONAL APPROPRIATION TO THE WATER FUND WHEREAS, the City of McFarland has identified elevated nitrate levels at the Browning Road Well, necessitating its temporary shutdown to protect public health; WHEREAS, the City faces increased water demand during the upcoming summer months, which cannot be met without the Browning Road Well, thus creating an urgent need to provide safe and potable water;
WHEREAS, the City Manager has determined that this situation qualifies as an "Urgency Purchase" as defined in Section 2.24.070, Section F of the McFarland Municipal Code, which allows for expedited procurement to preserve life, health, or property; WHEREAS, the State Water Resources Control Board has committed to funding the capital costs and one month of operating and maintenance costs of the temporary Reverse Osmosis (RO) system, leaving a funding shortfall for the remaining operational period; WHEREAS, an additional appropriation of $555,140 is required to cover the installation and operation costs of the temporary RO system for approximately the next two months, with further needs to be addressed in the upcoming FY2024-25 budget;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. Ratification of Urgency Purchase: The City Council hereby ratifies the decision of the City Manager to proceed with the urgency purchase of the temporary Reverse Osmosis Water Treatment System installation at the Browning Road Well as an essential measure to preserve the health and welfare of the City’s residents.

2. Approval of Additional Appropriation: The City Council approves an appropriation of $555,140 to the Water Fund to cover the total estimated cost for the installation and two-month operation of the temporary RO system. This appropriation ensures the continuity of safe, clean drinking water throughout the critical period.

3. Authorization to Execute Necessary Actions: The City Manager is hereby authorized to take all actions necessary to implement the resolutions contained herein, including the procurement of equipment and services and the allocation of funds according to the approved budget.

4. Documentation and Reporting: The City Manager shall ensure that all procurement actions and expenditures related to this urgency purchase are fully documented and reported to the City Council in accordance with the McFarland Municipal Code and applicable state regulations.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on April 25, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
Anita Gonzalez
María T. Pérez

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Francisca Alvarado, City Clerk
I, _________________________, City Clerk of the City of McFarland, California, DO HEREBY CERTIFY that the foregoing resolution is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of McFarland on the date and by the vote indicated herein. _____________________________
Francisca Alvarado, City Clerk

Item No. Item Description
Quantity Unit Unit Cost Extended Cost
1 Mobilization, Demobilization, Cleanup, & Permitting 1 LS 20,000.00 $ $ 20,000.00 2 12" SDR26 PVC Sewer Line to Existing SSMH 460 LF 65.00 $ $ 29,900.00 3 New Sanitary Sewer Manhole 3 EA 15,000.00 $ $ 45,000.00 4 Demolish and Replace Existing SSMH 1 EA 20,000.00 $ $ 20,000.00 5 4" Thick AC Paving Repair 110 TON 200.00 $ $ 22,000.006 8" Thick Class II Aggregate Base Road Section 200 TON 40.00 $ $ 8,000.00 7 Raw Tank Pump Skid Concrete Pads 3 CY 1,500.00 $ $ 4,500.00 8 Blended Tank Pump Skid Concrete Pads 2 CY 1,500.00 $ $ 3,000.00 9 Site Electrical, PLC Control Programming & SCADA 1 LS 60,000.00 $ $ 60,000.00 10 Rental Startup Costs including Membranes, Security Deposit, Mobilization & Freight 1 LS 115,000.00 $ $ 115,000.00 11 System Start‐up and Testing 1 LS 10,000.00 $ $ 10,000.00 Subtotal: 337,400.00 $
10% Contingency: 33,740.00 $
Estimated Total: 371,140.00 $
Overall SWB Budget: 500,000.00 $
Estimate Remaining Budget for System Rental Costs: 128,860.00 $ 1 RO Treatment System Trailer 1 LS 45,000.00 $ $ 45,000.00 2 21,000 Gallon Raw Baker Tank 2 EA 7,500.00 $ $ 15,000.00 3 21,000 Gallon Blended Baker Tank 2 EA 7,500.00 $ $ 15,000.00 4 Raw Tank Pump Skid 2 EA 3,000.00 $ $ 6,000.00
5 Blended Tank Pump Skid 2 EA 3,000.00 $ $ 6,000.006 Chemical Costs (Chlorine, Anti‐scalant, etc..) 1 LS 2,500.00 $ $ 2,500.00 7 Nitrate Sampling and System Maintenance 1 LS 2,500.00 $ $ 2,500.00 Total Estimated Monthly Cost: 92,000.00 $
Estimated Rental Duration from SWB Budget (Months): 1.4 City of McFarland
Browning Well ‐ Temporary RO Treatment System Project
Estimated Cost Breakdown
Estimated Rental & O&M Costs (monthly)
Estimated Capital Costs

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 11.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: April 25, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Francisca Alvarado, City Clerk
SUBJECT: UPDATE LIST OF COUNCIL MEMBERS ON SUBCOMMITTEES AND SPECIAL DISTRICT COMMITTEES.

SUMMARY:

Many elected bodies divide into subcommittees to study specific matters impacting their communities. Subcommittees can facilitate the decision-making process on critical items and preform the following functions:
• Clearly define the mission before creating a subcommittee. • Set deadlines for reports.
• Monitor assignments to check on progress.
• Rotate membership periodically.
• Keep nonmembers informed of meetings and action.
• Monitor the amount of staff effort required.
• Review the list of subcommittees annually and delete those that are no longer necessary.

FINANCIAL IMPACT:

None
RECOMMENDATION:

Staff recommends the City Council review and update members on the Subcommittee List and Special District Committees.

ATTACHMENTS:

1. Subcommittee List

SUBCOMMITTEES AND SPECIAL DISTRICT COMMITTEES
REVISED and APPROVED: April 27, 2023

1. Kern Council of Governments (KCOG)
Primary: Mayor Saul Ayon - Alternate: Vice Mayor Ricardo Cano

2. Kern Economic Development Corp. (KEDC)
Primary: Mayor Saul Ayon - Alternate: Vice Mayor Ricardo Cano

3. San Joaquin Valley Air Pollution Control District (SJV) Primary: Councilmember Amador Ayon - Alternate: Councilmember Anita Gonzalez

4. Delano Mosquito Abatement District (DMAD)
Vice Mayor Ricardo Cano

5. Poso Creek (IRWMP)
Councilmember Anita Gonzalez

6. Kern Local Agency Formation Commission (LAFCO)
Mayor Saul Ayon

7. Public Policy and Finance Committee
Mayor Saul Ayon, & Councilmember Anita Gonzalez

8. Public Safety Committee
Mayor Saul Ayon & Vice Mayor Ricardo Cano

9. Quality of Life Committee
Councilmember Anita Gonzalez, & Councilmember Amador
Ayon

10. Ad Hoc Committee (not a brown act committee)
Mayor Saul Ayon & Councilmember Maria Pérez

11. Cannabis Committee
Mayor Saul Ayon & Councilmember Maria Pérez