Agenda packet — McFarland City Council, April 25, 2024 (part 1 of 2)

MCFARLAND CITY COUNCIL
McFarland Successor Agency, McFarland Public Finance Authority, McFarland Improvement Authority, McFarland Parking Authority Regular Meeting Notice and Agenda
Council Chambers
103 W. Sherwood Ave, McFarland, CA
Website: https://www.mcfarlandcity.org/
Thursday, April 25, 2024
6:00 PM
SAUL AYON, Mayor
RICARDO CANO, Vice Mayor
AMADOR AYON, Council Member
ANITA GONZALEZ, Council Member
MARIA PEREZ, Council Member
VIEW THE MEETING RECORDINGS ONLINE at www.mcfarlandcity.org/AgendaCenter Recordings will be available approximately one week following the meeting.

HOW TO SUBMIT PUBLIC COMMENTS: The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the city on any item listed on the agenda, or on any non-listed matter over which the city has jurisdiction. At special or emergency meetings, members of the public may only address the city on items listed on the agenda. There is a time limitation of two minutes per person. For any item that is not on the agenda and within the jurisdiction or interest of the city, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the mayor opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff, and the media.

Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.

PUBLIC ACCOMMODATIONS: The City of McFarland does not discriminate based on disability and complies with the provisions of the Americans with Disabilities Act (ADA). If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (661) 792-3091 at least 48 hours prior to the meeting to make reasonable arrangements to ensure accessibility to this meeting.

INTERPRETATION: If you need an interpretation of your communications to the City Council into English, please contact the City Clerk Department at 661-792-3091 ext. 2135 at least 48 hours prior to the meeting.

CALL TO ORDER: Mayor Saul Ayon

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ROLL CALL:

Mayor/Chair, Saul Ayon
Vice Mayor/Vice-Chair, Ricardo Cano
Council Member/Board Member, Amador Ayon
Council Member/Board Member, Anita Gonzalez
Council Member/Board Member, Maria T. Pérez
INVOCATION:

PLEDGE OF ALLEGIANCE

INTERPRETATION
FEATURED PET:

Is a feature that highlights a pet available for adoption from the McFarland Animal Shelter. ● KENNEL CARD: ROCKY

APPROVE AGENDA AS TO FORM

PRESENTATIONS, INTRODUCTIONS AND AWARDS
PUBLIC COMMENT: The public may address the Council/Board Member on items, which do not appear on the agenda. Council/Board Members may respond briefly to statements made or questions posed. They may ask a question for clarification; may refer the item to staff for further study or for placement on a future agenda. Speakers are limited to two minutes for each person.

Please state your name and address for the record prior to making a presentation. Fifteen minutes total will be allowed for any one subject.

MAYOR AND COUNCIL COMMENTS

DEPARTMENTAL REPORTS
CONSENT AGENDA: The Consent Agenda consists of items that in staff’s opinion are routine and non-controversial. These items are approved in one motion unless a Council Member/ Board Member or Member from the Public requests to remove a particular item.

1. APPROVAL OF EXPENSE REPORT IN THE AMOUNT OF $469,512.48 FROM 3/30/2024 TO 4/12/2024.

2. APPROVAL OF RESOLUTION NO. 2024-55 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT WITH MARTIN, PARIS, AND MULLINS INVESTIGATIONS FOR INTERNAL

INVESTIGATIVE SERVICES

3. APPROVAL OF RESOLUTION NO. 2024-48 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND AUTHORIZING THE ENTERING INTO A FUNDING

AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD AND

AUTHORIZING AND DESIGNATING THE CITY MANAGER FOR THE BROWNING ROAD WELL NITRATE TREATMENT PROJECT.

4. APPROVAL OF RESOLUTION NO. 2024-49 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND AUTHORIZING THE EXECUTION OF THE

CERTIFICATIONS AND ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE

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LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP).

5. APPROVAL OF RESOLUTION NO. 2024-50 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND, CALIFORNIA, ADOPTING AN UPDATED TRAVEL POLICY.

6. APPROVAL OF RESOLUTION NO. 2024-51 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES UNDER FTA SECTION 5311 (49 U.S.C.

SECTION 5311) WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND

AUTHORIZING THE CITY MANAGER TO SIGN ON THE BEHALF OF THE CITY OF MCFARLAND.

PUBLIC HEARINGS

ADMINISTRATIVE AGENDA

7. APPROVAL OF RESOLUTION NO. 2024-53 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND TO ACCEPT THE BID SUBMITTED BY CEN-CAL CONSTRUCTION FOR THE HSIP CYCLE 10 - PEDESTRIAN SAFETY IMPROVEMENTS - VARIOUS LOCATIONS - HSIPSL 5343 (018) PROJECT IN THE AMOUNT OF $149,146.99 AND AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE

CONSTRUCTION AGREEMENT, ALLOCATE FUNDS FOR THE BASE BID AND BID OPTION 1, AND UP TO $44,446.01 FOR CONTINGENCY, CONSTRUCTION MANAGEMENT AND MATERIALS SAMPLING & TESTING.

8. 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.

9. 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

10. 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.

11. UPDATE LIST OF COUNCIL MEMBERS ON SUBCOMMITTEES AND SPECIAL DISTRICT COMMITTEES.

REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT MEETINGS a. Kern Council of Governments (KCOG)
b. Kern Economic Development Corp. (KEDC)
c. Kern Local Agency Formation Commission (LAFCO)
d. Delano Mosquito Abatement District (DMAD)

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COUNCIL STATEMENTS AND REPORTS:

On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. In addition, Council Members may ask a question of staff or the public for clarification on any matter, provide a reference to staff or other resources for information. Alternatively, request staff to report to the City Council at a later meeting concerning any matter. Furthermore, the City Council, or any member thereof, may take action to direct staff to place a matter of business on a future agenda.

CLOSED SESSION

ADJOURNMENT
This is to certify this agenda was posted at McFarland City Hall on April 22, 2024.

Francisca Alvarado, City Clerk
Diego Viramontes, City Manager
Next Meeting: Regular City Council May 9, 2024.

The City of McFarland does not discriminate based on disability and complies with the provisions of the Americans with Disabilities Act (ADA). If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (661) 792-3091 at least 48 hours prior to the meeting to make reasonable arrangements to ensure accessibility to this meeting.

All agenda item and/or supporting documentation is available for public review on the city website at www.mcfarlandcity.org and the office of the City Clerk of the City of McFarland, at 401 W, Kern Ave.

McFarland, CA 93250 during regular business hours of 8:00 am – 5:00 pm Monday through Friday, following the posting of the agenda. Any supporting documentation related to an agenda item for an open session of any regular meeting that is distributed after the agenda is posted and prior to the meeting will also be available for review at the same location and available at the meeting.

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12941 Melcher Road, McFarland, CA. 93250 Phone: (661) 792-2121 MCFARLAND POLICE DEPARTMENT. 401 WEST KERN AVENUE, MCFARLAND, CA 93250 (661) 792-2121 MCFARLAND POLICE DEPARTMENT: ANIMAL CONTROL OFFICE
Intake ID: 2400415-0008-1
Breed: Rottweiler Mix
Color: Black/Brown
Sex: Male
Age: 3-4 mnths
Weight: 6 lbs.

Chip/Tag: None
Collar Type: None
Arrival Date: 04/15/2024
Arrival Reason: Stray
Brought in by: ACO Rivera
Status: Available
Location of
Impound:
105 5th st
Available Date: 04/18/2024
DAPP Vaccine: 04/15/2024
Stickers Here:

ROCKY

KENNEL IDENTIFICATION CARD
NOTES: Rocky was picked up on April
15, 2024 on a abandoned animal call.

The rp stated that the dogs were left on
the corner of 11th and W. Sherwood. She
ended up taking them home and waited
for animal control to show up. Rocky is
still very young and has a lot to learn. As
of now he is very affectionate and very
playful with the other dogs he was with.

Rocky would make a great addition to
any home.

Panacur: 04/16, 04/17, 04/18
Vaccine Sticker Vaccine Sticker

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4/17/2024 8:51:58 AM Page 1 of 15
Expense Approval Report
City of McFarland, CA By Vendor Name
Payment Dates 3/30/2024 - 4/12/2024
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: AAA Services - AAA Services
AAA Services INV 161781 04/10/2024 INV 161781 Community Hall S… 01-190-52200-0000-1 352.33 Vendor AAA Services - AAA Services Total: 352.33
Vendor: ALBERTO MORALES III - ALBERTO MORALES III
ALBERTO MORALES III INV 7012 04/01/2024 INV 7012 Trailer Hitch Silvera… 30-500-56600-0000-1 523.67 ALBERTO MORALES III INV 7029 04/02/2024 INV 7029 Safety Lights 30-500-56800-0000-1 1,357.97 Vendor ALBERTO MORALES III - ALBERTO MORALES III Total: 1,881.64 Vendor: American Fidelity - American Fidelity
American Fidelity INV0026366 04/04/2024 American Fidelity Accident 2* …30-22800-0000-1 27.45 American Fidelity INV0026367 04/04/2024 American Fidelity - Disability I…01-22700-0000-1 26.52 American Fidelity INV0026367 04/04/2024 American Fidelity - Disability I…30-22700-0000-1 43.49 American Fidelity INV0026367 04/04/2024 American Fidelity - Disability I…31-22700-0000-1 19.44 American Fidelity INV0026367 04/04/2024 American Fidelity - Disability I…32-22700-0000-1 22.16 American Fidelity INV0026368 04/04/2024 Health FSA 01-22600-0000-1 58.38 American Fidelity INV0026368 04/04/2024 Health FSA 30-22600-0000-1 39.14 American Fidelity INV0026368 04/04/2024 Health FSA 31-22600-0000-1 13.05 American Fidelity INV0026368 04/04/2024 Health FSA 32-22600-0000-1 39.10 American Fidelity INV0026369 04/04/2024 Life 1 01-22900-0000-1 23.80 American Fidelity INV0026369 04/04/2024 Life 1 30-22900-0000-1 44.10 American Fidelity INV0026369 04/04/2024 Life 1 31-22900-0000-1 16.41 American Fidelity INV0026369 04/04/2024 Life 1 32-22900-0000-1 17.31 American Fidelity INV0026381 04/04/2024 Cancer 1 American Fidelity 01-22950-0000-1 0.87 American Fidelity INV0026381 04/04/2024 Cancer 1 American Fidelity 30-22950-0000-1 2.61 American Fidelity INV0026381 04/04/2024 Cancer 1 American Fidelity 31-22950-0000-1 2.61 American Fidelity INV0026381 04/04/2024 Cancer 1 American Fidelity 32-22950-0000-1 2.62 American Fidelity INV0026402 04/04/2024 American Fidelity Accident 1 01-22800-0000-1 19.34 American Fidelity INV0026403 04/04/2024 Life 1 01-22900-0000-1 9.81 American Fidelity INV0026404 04/04/2024 American Fidelity - Disability I…01-22700-0000-1 148.58 American Fidelity INV0026405 04/04/2024 Life 1 01-22900-0000-1 35.07 American Fidelity INV0026406 04/04/2024 Life 2 01-22900-0000-1 24.00 American Fidelity INV0026424 04/04/2024 Cancer 1 American Fidelity 01-22950-0000-1 13.53 Vendor American Fidelity - American Fidelity Total: 649.39 Vendor: American Office Solu - American Office Solutions, LLC American Office Solutions, LLC INV 22312 04/01/2024 INV 22312 1/16/24 City Hall/P…01-310-52200-0000-1 108.25 American Office Solutions, LLC INV 22384 04/10/2024 INV 22384 CM Ticket Mileage …01-310-52200-0000-1 200.00 American Office Solutions, LLC INV 22385 04/10/2024 INV 22385 MPD Ticket Mileage…01-310-52200-0000-1 100.00 American Office Solutions, LLC INV 22390 04/10/2024 INV 22390 CityHall Panic But.T…01-310-52200-0000-1 100.00 American Office Solutions, LLC INV22119 04/10/2024 INV22119 Annual City Hall Co… 01-310-54800-0000-1 24,741.20 Vendor American Office Solu - American Office Solutions, LLC Total: 25,249.45 Vendor: Arredondo Automotive - Arredondo Automotive Group Arredondo Automotive Group Inv. 291000 04/01/2024 Inv. 291000 Unit 49 -Oil Chan… 01-150-56600-0000-1 74.52 Vendor Arredondo Automotive - Arredondo Automotive Group Total: 74.52 Vendor: At&t Mobility - At&t Mobility
At&t Mobility AT&T Dec 2023 Monthly PW 2…04/10/2024 AT&T Dec 2023 Monthly PW 2…01-180-57800-0000-1 90.06 At&t Mobility AT&T Dec 2023 Monthly PW 2…04/10/2024 AT&T Dec 2023 Monthly PW 2…30-500-57800-0000-1 95.10 At&t Mobility AT&T Dec 2023 Monthly PW 2…04/10/2024 AT&T Dec 2023 Monthly PW 2…32-510-57800-0000-1 170.54 At&t Mobility AT&T Dec 2023 Monthly PW 2…04/10/2024 AT&T Dec 2023 Monthly PW 2…34-520-57800-0000-1 45.03 At&t Mobility AT&T March 2024 Monthly P… 04/10/2024 AT&T March 2024 Monthly P… 01-180-57800-0000-1 90.14 At&t Mobility AT&T March 2024 Monthly P… 04/10/2024 AT&T March 2024 Monthly P… 30-500-57800-0000-1 95.17 At&t Mobility AT&T March 2024 Monthly P… 04/10/2024 AT&T March 2024 Monthly P… 32-510-57800-0000-1 170.62 At&t Mobility AT&T March 2024 Monthly P… 04/10/2024 AT&T March 2024 Monthly P… 34-520-57800-0000-1 45.07 Vendor At&t Mobility - At&t Mobility Total: 801.73

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Expense Approval Report Payment Dates: 3/30/2024 - 4/12/2024 4/17/2024 8:51:58 AM Page 2 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: Auto Zone - Auto Zone
Auto Zone INV 6270838227 04/01/2024 INV 6270838227 Water Vehicl…32-510-56600-0000-1 19.94 Auto Zone INV 6270845831 04/01/2024 INV 6270845831 Water Dept. …32-510-56600-0000-1 17.31 Auto Zone INV 6270849425 04/01/2024 INV 6270849425 Starter Kit 30-500-56600-0000-1 47.24 Vendor Auto Zone - Auto Zone Total: 84.49
Vendor: Axon - Axon Enterprise Inc
Axon Enterprise Inc Inv. INUS237769 04/02/2024 Inv. INUS237769 - Taser 10 01-150-52950-0000-1 1,800.00 Vendor Axon - Axon Enterprise Inc Total: 1,800.00
Vendor: BHT Engineering, Inc - BHT Engineering, Inc.

BHT Engineering, Inc. Inv No 24-052 04/10/2024 Inv No 24-052 - Tract 7394 Im… 01-140-56000-8472-1 1,302.50 BHT Engineering, Inc. Inv No 24-053 04/10/2024 Inv No 24-053 - Tract 7393 ph …01-140-56000-8472-1 2,040.00 Vendor BHT Engineering, Inc - BHT Engineering, Inc. Total: 3,342.50 Vendor: the round up - Bramaloma Inc
Bramaloma Inc Inv. 0082390 04/10/2024 Inv. 0082390 - K9 Police Progr… 01-150-56000-0000-1 93.07 Vendor the round up - Bramaloma Inc Total: 93.07
Vendor: Brenntag - Brenntag Pacific Inc.

Brenntag Pacific Inc. INV BPI1417540 04/02/2024 INV BPI1417540 Ferric Chloride 32-510-57400-0000-1 391.05 Brenntag Pacific Inc. INV BPI1417541 04/02/2024 INV BPI1417541 Sulfuric Acid 32-510-57400-0000-1 2,322.86 Vendor Brenntag - Brenntag Pacific Inc. Total: 2,713.91 Vendor: Brink's, Inc. - Brink's, Inc.

Brink's, Inc. INV 6316200 04/10/2024 INV 6316200 Billing Period 01… 01-130-51200-0000-1 172.12 Brink's, Inc. INV 6316200 04/10/2024 INV 6316200 Billing Period 01… 30-500-51200-0000-1 172.10 Brink's, Inc. INV 6316200 04/10/2024 INV 6316200 Billing Period 01… 31-505-51200-0000-1 172.10 Brink's, Inc. INV 6316200 04/10/2024 INV 6316200 Billing Period 01… 32-510-51200-0000-1 172.10 Brink's, Inc. INV 6390711 04/10/2024 INV 6390711 Billing Period 02… 01-130-51200-0000-1 174.18 Brink's, Inc. INV 6390711 04/10/2024 INV 6390711 Billing Period 02… 30-500-51200-0000-1 174.19 Brink's, Inc. INV 6390711 04/10/2024 INV 6390711 Billing Period 02… 31-505-51200-0000-1 174.19 Brink's, Inc. INV 6390711 04/10/2024 INV 6390711 Billing Period 02… 32-510-51200-0000-1 174.19 Brink's, Inc. INV 6464922 04/10/2024 INV 6464922 Billing Period 03… 01-130-51200-0000-1 167.78 Brink's, Inc. INV 6464922 04/10/2024 INV 6464922 Billing Period 03… 30-500-51200-0000-1 167.76 Brink's, Inc. INV 6464922 04/10/2024 INV 6464922 Billing Period 03… 31-505-51200-0000-1 167.76 Brink's, Inc. INV 6464922 04/10/2024 INV 6464922 Billing Period 03… 32-510-51200-0000-1 167.76 Vendor Brink's, Inc. - Brink's, Inc. Total: 2,056.23
Vendor: BSK ASSOCIATES - BSK ASSOCIATES
BSK ASSOCIATES INV AH06562 04/01/2024 INV AH06562 Quanti-Tray Coli…32-510-58200-0000-1 310.00 BSK ASSOCIATES INV AH06563 04/01/2024 INV AH06563 Quanti-Tray Coli…32-510-58200-0000-1 220.00 BSK ASSOCIATES INV AH07507 04/02/2024 INV AH07507 Arsenic, CA DW … 32-510-58200-0000-1 255.00 Vendor BSK ASSOCIATES - BSK ASSOCIATES Total: 785.00
Vendor: Cannon - Cannon Corporation
Cannon Corporation INV 87451 04/02/2024 INV 87451 Sewer Master Plan 30-500-56000-7820-1 16,653.75 Cannon Corporation INV 87765 04/02/2024 INV 87765 Sewer Master Plan 30-500-56000-7820-1 19,858.50 Vendor Cannon - Cannon Corporation Total: 36,512.25
Vendor: Celina Jaramillo - Celina Jaramillo
Celina Jaramillo INV0026351 04/01/2024 Deposit Return VH Celina Jar… 01-24000-0000-1 250.00 Vendor Celina Jaramillo - Celina Jaramillo Total: 250.00 Vendor: Central Valley Offic - Central Valley Office Supply Inc Central Valley Office Supply Inc INV 0347045-0001 04/10/2024 INV 0347045-0001 Tax Kit 1/2… 01-130-57200-0000-1 22.22 Central Valley Office Supply Inc INV 0347045-0001 04/10/2024 INV 0347045-0001 Tax Kit 1/2… 01-150-57200-0000-1 22.20 Central Valley Office Supply Inc INV 0347045-0001 04/10/2024 INV 0347045-0001 Tax Kit 1/2… 30-500-57200-0000-1 22.20 Central Valley Office Supply Inc INV 0347045-0001 04/10/2024 INV 0347045-0001 Tax Kit 1/2… 31-505-57200-0000-1 22.20 Central Valley Office Supply Inc INV 0347045-0001 04/10/2024 INV 0347045-0001 Tax Kit 1/2… 32-510-57200-0000-1 22.20 Vendor Central Valley Offic - Central Valley Office Supply Inc Total: 111.02 Vendor: Cintas - Cintas Corporation No.3
Cintas Corporation No.3 INV 4187248214 04/01/2024 INV 4187248214 Cintas 01-180-51800-0000-1 100.01 Cintas Corporation No.3 INV 4187248214 04/01/2024 INV 4187248214 Cintas 20-200-51800-0000-1 10.87 Cintas Corporation No.3 INV 4187248214 04/01/2024 INV 4187248214 Cintas 30-500-51800-0000-1 54.36 Cintas Corporation No.3 INV 4187248214 04/01/2024 INV 4187248214 Cintas 32-510-51800-0000-1 52.18

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Expense Approval Report Payment Dates: 3/30/2024 - 4/12/2024 4/17/2024 8:51:58 AM Page 3 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Cintas Corporation No.3 INV 4187979152 04/10/2024 INV 4187979152 Cintas 01-180-51800-0000-1 190.72 Cintas Corporation No.3 INV 4187979152 04/10/2024 INV 4187979152 Cintas 20-200-51800-0000-1 20.73 Cintas Corporation No.3 INV 4187979152 04/10/2024 INV 4187979152 Cintas 30-500-51800-0000-1 103.65 Cintas Corporation No.3 INV 4187979152 04/10/2024 INV 4187979152 Cintas 32-510-51800-0000-1 99.50 Cintas Corporation No.3 INV 4188699700 04/10/2024 INV 4188699700 Cintas 01-180-51800-0000-1 81.96 Cintas Corporation No.3 INV 4188699700 04/10/2024 INV 4188699700 Cintas 20-200-51800-0000-1 45.54 Cintas Corporation No.3 INV 4188699700 04/10/2024 INV 4188699700 Cintas 30-500-51800-0000-1 168.48 Cintas Corporation No.3 INV 4188699700 04/10/2024 INV 4188699700 Cintas 32-510-51800-0000-1 159.38 Vendor Cintas - Cintas Corporation No.3 Total: 1,087.38 Vendor: CivicPlus - CivicPlus LLC
CivicPlus LLC INV 298192 04/10/2024 INV 298192 Municode Admin … 01-111-52200-0000-1 367.50 Vendor CivicPlus - CivicPlus LLC Total: 367.50
Vendor: Core & Main LP - Core & Main LP
Core & Main LP INV U425617 04/01/2024 INV U425617 Repair Kit 32-510-56600-0000-1 525.01 Core & Main LP INV U581699 04/01/2024 INV U581699 Wrenches and … 32-510-57400-0000-1 313.93 Core & Main LP INV U454476 04/10/2024 INV U454476 M25 Register CU…32-510-57400-0000-1 408.46 Core & Main LP INV U464044 04/10/2024 INV U464044 Water- Operatin…32-510-57400-0000-1 576.97 Core & Main LP INV U472421 04/10/2024 INV U472421 Local Register C… 32-510-57400-0000-1 342.13 Vendor Core & Main LP - Core & Main LP Total: 2,166.50
Vendor: D/B/A USABLUEBOOK - D/B/A USABLUEBOOK
D/B/A USABLUEBOOK INV 00208656 04/01/2024 INV 00208656 Injection Checks 30-500-56600-0000-1 636.18 Vendor D/B/A USABLUEBOOK - D/B/A USABLUEBOOK Total: 636.18 Vendor: Delano Propane - Delano Propane
Delano Propane INV 146808 04/10/2024 INV 146808 Streets Maintena… 01-180-56500-0000-1 106.92 Vendor Delano Propane - Delano Propane Total: 106.92
Vendor: DOM Solar - DOM Solar Lessor LTD.

DOM Solar Lessor LTD. INV 32555352 04/10/2024 INV 32555352 March 24 Mon… 32-510-58000-0000-1 6,752.24 DOM Solar Lessor LTD. INV32218813 04/10/2024 INV32218813 February 2024 … 32-510-58000-0000-1 3,195.48 Vendor DOM Solar - DOM Solar Lessor LTD. Total: 9,947.72 Vendor: EDD - EDD
EDD INV0026353 04/04/2024 SDI - State Disability Insurance 20-22200-0000-1 7.79 EDD INV0026360 04/04/2024 State Income Tax Withholding 01-22200-0000-1 0.68 EDD INV0026361 04/04/2024 SDI - State Disability Insurance 01-22200-0000-1 9.04 EDD INV0026384 04/04/2024 State Income Tax Withholding 01-22200-0000-1 903.10 EDD INV0026384 04/04/2024 State Income Tax Withholding 20-22200-0000-1 28.49 EDD INV0026384 04/04/2024 State Income Tax Withholding 30-22200-0000-1 663.64 EDD INV0026384 04/04/2024 State Income Tax Withholding 31-22200-0000-1 256.34 EDD INV0026384 04/04/2024 State Income Tax Withholding 32-22200-0000-1 535.23 EDD INV0026384 04/04/2024 State Income Tax Withholding 34-22200-0000-1 21.13 EDD INV0026385 04/04/2024 SDI - State Disability Insurance 01-22200-0000-1 316.62 EDD INV0026385 04/04/2024 SDI - State Disability Insurance 20-22200-0000-1 30.95 EDD INV0026385 04/04/2024 SDI - State Disability Insurance 30-22200-0000-1 239.78 EDD INV0026385 04/04/2024 SDI - State Disability Insurance 31-22200-0000-1 88.69 EDD INV0026385 04/04/2024 SDI - State Disability Insurance 32-22200-0000-1 233.78 EDD INV0026385 04/04/2024 SDI - State Disability Insurance 34-22200-0000-1 17.24 EDD INV0026386 04/04/2024 State Unemployment Insuran… 20-22250-0000-1 63.43 EDD INV0026386 04/04/2024 State Unemployment Insuran… 30-22250-0000-1 16.38 EDD INV0026386 04/04/2024 State Unemployment Insuran… 31-22250-0000-1 16.38 EDD INV0026386 04/04/2024 State Unemployment Insuran… 32-22250-0000-1 148.51 EDD INV0026387 04/04/2024 Employment Training Tax 20-22275-0000-1 1.35 EDD INV0026387 04/04/2024 Employment Training Tax 30-22275-0000-1 0.35 EDD INV0026387 04/04/2024 Employment Training Tax 31-22275-0000-1 0.35 EDD INV0026387 04/04/2024 Employment Training Tax 32-22275-0000-1 3.16 EDD INV0026391 04/04/2024 SDI - State Disability Insurance 01-22200-0000-1 0.30 EDD INV0026391 04/04/2024 SDI - State Disability Insurance 30-22200-0000-1 0.92 EDD INV0026391 04/04/2024 SDI - State Disability Insurance 31-22200-0000-1 0.92 EDD INV0026391 04/04/2024 SDI - State Disability Insurance 32-22200-0000-1 0.92 EDD INV0026394 04/04/2024 SDI - State Disability Insurance 01-22200-0000-1 3.72

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Expense Approval Report Payment Dates: 3/30/2024 - 4/12/2024 4/17/2024 8:51:58 AM Page 4 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount EDD INV0026394 04/04/2024 SDI - State Disability Insurance 30-22200-0000-1 5.58 EDD INV0026394 04/04/2024 SDI - State Disability Insurance 32-22200-0000-1 5.59 EDD INV0026398 04/04/2024 SDI - State Disability Insurance 01-22200-0000-1 0.17 EDD INV0026398 04/04/2024 SDI - State Disability Insurance 30-22200-0000-1 0.52 EDD INV0026398 04/04/2024 SDI - State Disability Insurance 31-22200-0000-1 0.52 EDD INV0026398 04/04/2024 SDI - State Disability Insurance 32-22200-0000-1 0.56 EDD INV0026427 04/04/2024 State Income Tax Withholding 01-22200-0000-1 2,890.01 EDD INV0026428 04/04/2024 SDI - State Disability Insurance 01-22200-0000-1 865.72 EDD INV0026429 04/04/2024 State Unemployment Insuran… 01-22250-0000-1 242.08 EDD INV0026430 04/04/2024 Employment Training Tax 01-22275-0000-1 5.15 Vendor EDD - EDD Total: 7,625.09
Vendor: Edison - Edison
Edison Edison March 2024 Monthly Bi…04/10/2024 700091551977 01-180-58100-0000-1 13.97 Edison Edison March 2024 Monthly Bi…04/10/2024 Late Fees Street Lighting 01-180-58100-0000-1 20.51 Edison Edison March 2024 Monthly Bi…04/10/2024 700539630040 01-180-58100-0000-1 1,632.38 Edison Edison March 2024 Monthly Bi…04/10/2024 700326486684 01-180-58100-0000-1 82.56 Edison Edison March 2024 Monthly Bi…04/10/2024 700599695773 01-180-58100-0000-1 145.58 Edison Edison March 2024 Monthly Bi…04/10/2024 700457158822 01-180-58100-0000-1 332.78 Edison Edison March 2024 Monthly Bi…04/10/2024 700669486061 01-180-58100-0000-1 1,190.07 Edison Edison March 2024 Monthly Bi…04/10/2024 700494850594 30-500-58000-0000-1 6.23 Edison Edison March 2024 Monthly Bi…04/10/2024 Late Fees Utilities 30-500-58000-0000-1 0.44 Edison Edison March 2024 Monthly Bi…04/10/2024 700468456995 32-510-58000-0000-1 2,665.83 Edison Edison March 2024 Monthly Bi…04/10/2024 Late Fees Utilities 32-510-58000-0000-1 6.37 Vendor Edison - Edison Total: 6,096.72
Vendor: EFTPS - Electronic Federal Tax Payment System
Electronic Federal Tax Paymen…INV0026352 04/04/2024 Social Security 20-22100-0000-1 87.86 Electronic Federal Tax Paymen…INV0026354 04/04/2024 Medicare 20-22150-0000-1 20.54 Electronic Federal Tax Paymen…INV0026359 04/04/2024 Social Security 01-22100-0000-1 101.92 Electronic Federal Tax Paymen…INV0026362 04/04/2024 Medicare 01-22150-0000-1 23.84 Electronic Federal Tax Paymen…INV0026382 04/04/2024 Federal Income Tax Withholdi… 01-22050-0000-1 2,206.52 Electronic Federal Tax Paymen…INV0026382 04/04/2024 Federal Income Tax Withholdi… 20-22050-0000-1 96.49 Electronic Federal Tax Paymen…INV0026382 04/04/2024 Federal Income Tax Withholdi… 30-22050-0000-1 1,136.98 Electronic Federal Tax Paymen…INV0026382 04/04/2024 Federal Income Tax Withholdi… 31-22050-0000-1 372.21 Electronic Federal Tax Paymen…INV0026382 04/04/2024 Federal Income Tax Withholdi… 32-22050-0000-1 1,187.99 Electronic Federal Tax Paymen…INV0026382 04/04/2024 Federal Income Tax Withholdi… 34-22050-0000-1 91.93 Electronic Federal Tax Paymen…INV0026383 04/04/2024 Social Security 01-22100-0000-1 3,569.04 Electronic Federal Tax Paymen…INV0026383 04/04/2024 Social Security 20-22100-0000-1 348.84 Electronic Federal Tax Paymen…INV0026383 04/04/2024 Social Security 30-22100-0000-1 2,702.64 Electronic Federal Tax Paymen…INV0026383 04/04/2024 Social Security 31-22100-0000-1 999.34 Electronic Federal Tax Paymen…INV0026383 04/04/2024 Social Security 32-22100-0000-1 2,636.42 Electronic Federal Tax Paymen…INV0026383 04/04/2024 Social Security 34-22100-0000-1 194.36 Electronic Federal Tax Paymen…INV0026388 04/04/2024 Medicare 01-22150-0000-1 834.68 Electronic Federal Tax Paymen…INV0026388 04/04/2024 Medicare 20-22150-0000-1 81.60 Electronic Federal Tax Paymen…INV0026388 04/04/2024 Medicare 30-22150-0000-1 632.06 Electronic Federal Tax Paymen…INV0026388 04/04/2024 Medicare 31-22150-0000-1 233.72 Electronic Federal Tax Paymen…INV0026388 04/04/2024 Medicare 32-22150-0000-1 616.60 Electronic Federal Tax Paymen…INV0026388 04/04/2024 Medicare 34-22150-0000-1 45.46 Electronic Federal Tax Paymen…INV0026390 04/04/2024 Social Security 01-22100-0000-1 3.46 Electronic Federal Tax Paymen…INV0026390 04/04/2024 Social Security 30-22100-0000-1 10.32 Electronic Federal Tax Paymen…INV0026390 04/04/2024 Social Security 31-22100-0000-1 10.32 Electronic Federal Tax Paymen…INV0026390 04/04/2024 Social Security 32-22100-0000-1 10.38 Electronic Federal Tax Paymen…INV0026392 04/04/2024 Medicare 01-22150-0000-1 0.76 Electronic Federal Tax Paymen…INV0026392 04/04/2024 Medicare 30-22150-0000-1 2.42 Electronic Federal Tax Paymen…INV0026392 04/04/2024 Medicare 31-22150-0000-1 2.42 Electronic Federal Tax Paymen…INV0026392 04/04/2024 Medicare 32-22150-0000-1 2.46 Electronic Federal Tax Paymen…INV0026393 04/04/2024 Social Security 01-22100-0000-1 41.98 Electronic Federal Tax Paymen…INV0026393 04/04/2024 Social Security 30-22100-0000-1 62.96 Electronic Federal Tax Paymen…INV0026393 04/04/2024 Social Security 32-22100-0000-1 62.94 Electronic Federal Tax Paymen…INV0026395 04/04/2024 Medicare 01-22150-0000-1 9.82 Electronic Federal Tax Paymen…INV0026395 04/04/2024 Medicare 30-22150-0000-1 14.72

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Expense Approval Report Payment Dates: 3/30/2024 - 4/12/2024 4/17/2024 8:51:58 AM Page 5 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Electronic Federal Tax Paymen…INV0026395 04/04/2024 Medicare 32-22150-0000-1 14.72 Electronic Federal Tax Paymen…INV0026397 04/04/2024 Social Security 01-22100-0000-1 2.00 Electronic Federal Tax Paymen…INV0026397 04/04/2024 Social Security 30-22100-0000-1 6.00 Electronic Federal Tax Paymen…INV0026397 04/04/2024 Social Security 31-22100-0000-1 6.00 Electronic Federal Tax Paymen…INV0026397 04/04/2024 Social Security 32-22100-0000-1 6.00 Electronic Federal Tax Paymen…INV0026399 04/04/2024 Medicare 01-22150-0000-1 0.46 Electronic Federal Tax Paymen…INV0026399 04/04/2024 Medicare 30-22150-0000-1 1.42 Electronic Federal Tax Paymen…INV0026399 04/04/2024 Medicare 31-22150-0000-1 1.42 Electronic Federal Tax Paymen…INV0026399 04/04/2024 Medicare 32-22150-0000-1 1.38 Electronic Federal Tax Paymen…INV0026425 04/04/2024 Federal Income Tax Withholdi… 01-22050-0000-1 6,178.21 Electronic Federal Tax Paymen…INV0026426 04/04/2024 Social Security 01-22100-0000-1 9,883.16 Electronic Federal Tax Paymen…INV0026431 04/04/2024 Medicare 01-22150-0000-1 2,311.38 Vendor EFTPS - Electronic Federal Tax Payment System Total: 36,868.15 Vendor: Excel Screen Printin - Excel Screen Printing USA, Inc.

Excel Screen Printing USA, Inc. INV0026433 04/05/2024 INV CA24-003 McFarland USA… 01-24600-8207-1 3,596.47 Vendor Excel Screen Printin - Excel Screen Printing USA, Inc. Total: 3,596.47 Vendor: farmers home - Farmers Home Administration USDA Rural Development Farmers Home Administration…INV0026434 04/05/2024 USDA Bond Interest Due- 04/… 01-155-54600-0000-1 12,558.48 Vendor farmers home - Farmers Home Administration USDA Rural Development Total: 12,558.48 Vendor: Frontier - Frontier California Inc.

Frontier California Inc. INV0026355 04/03/2024 Frontier March 24 530198219… 32-510-57800-0000-1 43.23 Frontier California Inc. INV0026358 04/02/2024 Frontier 3/19/24 - 4/18/24 66… 30-500-57800-0000-1 213.63 Vendor Frontier - Frontier California Inc. Total: 256.86 Vendor: gotocom - GoTo Communications Inc
GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 01-105-57800-0000-1 8.60 GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 01-110-57800-0000-1 26.87 GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 01-115-57800-0000-1 30.09 GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 01-140-57800-0000-1 30.09 GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 01-150-57800-0000-1 257.96 GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 01-155-57800-0000-1 8.60 GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 01-160-57800-0000-1 8.60 GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 01-165-57800-0000-1 24.29 GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 01-175-57800-0000-1 30.09 GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 01-180-57800-0000-1 35.90 GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 20-200-57800-0000-1 0.65 GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 30-500-57800-0000-1 153.27 GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 31-505-57800-0000-1 63.41 GoTo Communications Inc INV 7102846935 04/03/2024 INV 7102846935 GoTo Month… 32-510-57800-0000-1 138.44 Vendor gotocom - GoTo Communications Inc Total: 816.86
Vendor: Granite Auto Parts I - Granite Auto Parts Inc
Granite Auto Parts Inc INV 841825 04/01/2024 INV 841825 WWTP Bluetooth,…30-500-56600-0000-1 118.84 Granite Auto Parts Inc INV 841827 04/01/2024 INV 841827 WW Oil FIlter, Air …30-500-56600-0000-1 84.46 Granite Auto Parts Inc INV 842084 04/01/2024 INV 842084 Mechanical Parts 01-190-56400-0000-1 16.42 Granite Auto Parts Inc INV 841826 04/02/2024 INV 841826 Battery, Wrench 30-500-56600-0000-1 118.84 Granite Auto Parts Inc INV 842116 04/02/2024 INV 842116 Nitrile Dispos Glo… 32-510-56600-0000-1 31.79 Granite Auto Parts Inc INV 842218 04/10/2024 INV 842218 Streets Dept. Veh.…01-180-57400-0000-1 202.52 Granite Auto Parts Inc INV 842283 04/10/2024 INV 842283 Trimmer Line and… 01-180-56600-0000-1 79.00 Vendor Granite Auto Parts I - Granite Auto Parts Inc Total: 651.87 Vendor: Gregs Petroleum - Gregs Petroleum
Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 01-105-54000-0000-1 2.26 Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 01-110-54000-0000-1 11.55 Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 01-111-54000-0000-1 2.26 Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 01-115-54000-0000-1 2.26 Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 01-140-54000-0000-1 3.45 Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 01-150-54000-0000-1 865.82 Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 01-155-54000-0000-1 34.64 Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 01-160-54000-0000-1 11.55 Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 01-165-54000-0000-1 17.26

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Expense Approval Report Payment Dates: 3/30/2024 - 4/12/2024 4/17/2024 8:51:58 AM Page 6 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 01-175-54000-0000-1 1.19 Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 01-180-54000-0000-1 138.44 Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 20-200-54000-0000-1 46.19 Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 30-500-54000-0000-1 86.54 Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 32-510-54000-0000-1 34.64 Gregs Petroleum Fuel INV 445838 04/03/2024 Fuel INV 445838 3/26/2024 34-520-54000-0000-1 69.29 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 01-105-54000-0000-1 0.31 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 01-110-54000-0000-1 1.58 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 01-111-54000-0000-1 0.31 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 01-115-54000-0000-1 0.31 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 01-140-54000-0000-1 0.47 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 01-150-54000-0000-1 118.76 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 01-155-54000-0000-1 4.75 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 01-160-54000-0000-1 1.58 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 01-165-54000-0000-1 2.37 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 01-175-54000-0000-1 0.16 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 01-180-54000-0000-1 18.99 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 20-200-54000-0000-1 6.33 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 30-500-54000-0000-1 11.87 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 32-510-54000-0000-1 4.75 Gregs Petroleum Fuel INV 446455 04/10/2024 Fuel INV 446455 3/31/24 34-520-54000-0000-1 9.50 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 01-105-54000-0000-1 1.44 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 01-110-54000-0000-1 7.37 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 01-111-54000-0000-1 1.44 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 01-115-54000-0000-1 1.44 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 01-140-54000-0000-1 2.20 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 01-150-54000-0000-1 552.97 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 01-155-54000-0000-1 22.12 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 01-160-54000-0000-1 7.37 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 01-165-54000-0000-1 11.02 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 01-175-54000-0000-1 0.76 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 01-180-54000-0000-1 88.41 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 20-200-54000-0000-1 29.50 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 30-500-54000-0000-1 55.27 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 32-510-54000-0000-1 22.12 Gregs Petroleum Fuel INV447047 04/10/2024 Fuel INV447047 3/29/24 34-520-54000-0000-1 44.25 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 01-105-54000-0000-1 2.92 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 01-110-54000-0000-1 14.92 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 01-111-54000-0000-1 2.92 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 01-115-54000-0000-1 2.92 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 01-140-54000-0000-1 4.46 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 01-150-54000-0000-1 1,118.83 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 01-155-54000-0000-1 44.77 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 01-160-54000-0000-1 14.92 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 01-165-54000-0000-1 22.30 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 01-175-54000-0000-1 1.54 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 01-180-54000-0000-1 178.90 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 20-200-54000-0000-1 59.69 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 30-500-54000-0000-1 111.83 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 32-510-54000-0000-1 44.77 Gregs Petroleum Fuel INV447584 04/10/2024 Fuel INV447584 4/2/24 34-520-54000-0000-1 89.53 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 01-105-54000-0000-1 1.86 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 01-110-54000-0000-1 9.54 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 01-111-54000-0000-1 1.86 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 01-115-54000-0000-1 1.86 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 01-140-54000-0000-1 2.85 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 01-150-54000-0000-1 714.95 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 01-155-54000-0000-1 28.61 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 01-160-54000-0000-1 9.54 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 01-165-54000-0000-1 14.25

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Expense Approval Report Payment Dates: 3/30/2024 - 4/12/2024 4/17/2024 8:51:58 AM Page 7 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 01-175-54000-0000-1 0.99 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 01-180-54000-0000-1 114.32 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 20-200-54000-0000-1 38.14 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 30-500-54000-0000-1 71.46 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 32-510-54000-0000-1 28.61 Gregs Petroleum Fuel INV448125 04/10/2024 Fuel INV448125 4/5/24 34-520-54000-0000-1 57.21 Vendor Gregs Petroleum - Gregs Petroleum Total: 5,168.33 Vendor: Haaker Equipment Co. - Haaker Equipment Co.

Haaker Equipment Co. INV W5A0HF 04/02/2024 INV W5A0HF Control Unit Rep…30-500-56410-0000-1 5,784.14 Vendor Haaker Equipment Co. - Haaker Equipment Co. Total: 5,784.14 Vendor: Hodges - Hodges Law Group
Hodges Law Group INV 00574 04/10/2024 INV 00574 Finance Legal Servi… 01-130-56100-0000-1 444.00 Hodges Law Group INV 00574 04/10/2024 INV 00574 Administration Leg… 01-130-56100-0000-1 1,332.00 Hodges Law Group INV 00574 04/10/2024 INV 00574 Public Works Legal …01-130-56100-0000-1 220.50 Hodges Law Group INV 00574 04/10/2024 INV 00574 Human Resources … 01-130-56100-0000-1 9,168.00 Hodges Law Group INV 00574 04/10/2024 INV 00574 Contractual Retain… 01-130-56100-0000-1 758.50 Hodges Law Group INV 00574 04/10/2024 INV 00574 Community Develo…01-130-56100-0000-1 662.50 Hodges Law Group INV 00574 04/10/2024 INV 00574 Police Department… 01-130-56100-0000-1 205.50 Hodges Law Group INV 00574 04/10/2024 INV 00574 City Council Legal S…01-130-56100-0000-1 1,221.00 Vendor Hodges - Hodges Law Group Total: 14,012.00
Vendor: Home Depot - Home Depot
Home Depot INV 2974670 04/01/2024 INV 2974670 Facilities Mainte… 01-190-56400-0000-1 100.43 Home Depot INV0026350 04/01/2024 CC #2532 03.21.24 Home Dep… 01-180-57400-0000-1 314.33 Home Depot INV 534020 04/02/2024 INV 534020 Streets Operating…01-180-57400-0000-1 172.84 Home Depot INV 9702993 04/02/2024 INV 9702993 Whole House Filt…32-510-57400-0000-1 974.23 Home Depot Receipt #8426 04/02/2024 Receipt #8426 00097 72559 B… 30-500-56400-0000-1 425.03 Vendor Home Depot - Home Depot Total: 1,986.86
Vendor: Infinity Energy Inc - Infinity Energy Inc
Infinity Energy Inc BP23-0267 Permit Refund 04/10/2024 BP23-0267 Permit Refund 01-160-41500-0000-1 262.60 Infinity Energy Inc BP23-0267 Permit Refund 04/10/2024 BP23-0267 Permit Refund 01-160-41505-0000-1 12.95 Infinity Energy Inc BP23-0267 Permit Refund 04/10/2024 BP23-0267 Permit Refund 01-160-41510-0000-1 12.95 Infinity Energy Inc BP23-0267 Permit Refund 04/10/2024 BP23-0267 Permit Refund 01-160-41515-0000-1 12.95 Vendor Infinity Energy Inc - Infinity Energy Inc Total: 301.45 Vendor: INFOSEND, INC - INFOSEND, INC
INFOSEND, INC INV 259214 04/10/2024 INV 259214 SWRCB Extended …30-500-55600-0000-1 308.47 INFOSEND, INC INV 259214 04/10/2024 INV 259214 SWRCB Extended …31-505-55600-0000-1 307.56 INFOSEND, INC INV 259214 04/10/2024 INV 259214 SWRCB Extended …32-510-55600-0000-1 307.56 Vendor INFOSEND, INC - INFOSEND, INC Total: 923.59
Vendor: Jacob Ozuna - JACOB OZUNA
JACOB OZUNA Inv 202412 04/10/2024 Inv 202412 DJ for McF USA 10… 01-24600-8207-1 350.00 Vendor Jacob Ozuna - JACOB OZUNA Total: 350.00
Vendor: Floriano - Jaime Floriano
Jaime Floriano BP23-0388 Fee Refund 04/10/2024 BP23-0388 Fee Refund 01-160-41500-0000-1 539.39 Vendor Floriano - Jaime Floriano Total: 539.39
Vendor: John Hancock - John Hancock
John Hancock INV0026363 04/04/2024 401K - Employer 01-20800-0000-1 1,950.05 John Hancock INV0026363 04/04/2024 401K - Employer 30-20800-0000-1 1,878.73 John Hancock INV0026363 04/04/2024 401K - Employer 31-20800-0000-1 760.47 John Hancock INV0026363 04/04/2024 401K - Employer 32-20800-0000-1 1,769.23 John Hancock INV0026364 04/04/2024 401K - Employee 01-20800-0000-1 465.32 John Hancock INV0026364 04/04/2024 401K - Employee 20-20800-0000-1 82.58 John Hancock INV0026364 04/04/2024 401K - Employee 30-20800-0000-1 411.43 John Hancock INV0026364 04/04/2024 401K - Employee 31-20800-0000-1 266.97 John Hancock INV0026364 04/04/2024 401K - Employee 32-20800-0000-1 571.38 John Hancock INV0026365 04/04/2024 401K - Employer 20-20800-0000-1 271.26 John Hancock INV0026370 04/04/2024 401K Loan 2 01-20800-0000-1 99.46 John Hancock INV0026370 04/04/2024 401K Loan 2 30-20800-0000-1 99.46 John Hancock INV0026370 04/04/2024 401K Loan 2 31-20800-0000-1 99.46

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Vendor Name Payable Number Post Date Description (Item) Account Number Amount John Hancock INV0026370 04/04/2024 401K Loan 2 32-20800-0000-1 99.46 John Hancock INV0026371 04/04/2024 401K Loan 3 01-20800-0000-1 35.73 John Hancock INV0026371 04/04/2024 401K Loan 3 30-20800-0000-1 26.80 John Hancock INV0026371 04/04/2024 401K Loan 3 32-20800-0000-1 26.80 John Hancock INV0026372 04/04/2024 401K Loan 4 34-20800-0000-1 75.00 John Hancock INV0026373 04/04/2024 401K Loan 5 34-20800-0000-1 69.21 John Hancock INV0026374 04/04/2024 401K Loan 4 01-20800-0000-1 145.50 John Hancock INV0026374 04/04/2024 401K Loan 4 20-20800-0000-1 4.50 John Hancock INV0026375 04/04/2024 401K Loan 4 01-20800-0000-1 51.07 John Hancock INV0026375 04/04/2024 401K Loan 4 20-20800-0000-1 1.58 John Hancock INV0026376 04/04/2024 401k Contribution 32-20800-0000-1 245.36 John Hancock INV0026377 04/04/2024 401k Contribution 01-20800-0000-1 486.48 John Hancock INV0026378 04/04/2024 401k Contribution 01-20800-0000-1 219.92 John Hancock INV0026378 04/04/2024 401k Contribution 20-20800-0000-1 6.80 John Hancock INV0026379 04/04/2024 401k Contribution 34-20800-0000-1 156.48 John Hancock INV0026380 04/04/2024 401k Contribution 01-20800-0000-1 226.72 John Hancock INV0026389 04/04/2024 401K - Employer 01-20800-0000-1 2.79 John Hancock INV0026389 04/04/2024 401K - Employer 30-20800-0000-1 8.27 John Hancock INV0026389 04/04/2024 401K - Employer 31-20800-0000-1 8.27 John Hancock INV0026389 04/04/2024 401K - Employer 32-20800-0000-1 8.26 John Hancock INV0026396 04/04/2024 401K - Employer 01-20800-0000-1 1.43 John Hancock INV0026396 04/04/2024 401K - Employer 30-20800-0000-1 4.34 John Hancock INV0026396 04/04/2024 401K - Employer 31-20800-0000-1 4.34 John Hancock INV0026396 04/04/2024 401K - Employer 32-20800-0000-1 4.35 John Hancock INV0026400 04/04/2024 401K - Employer 01-20800-0000-1 3,931.73 John Hancock INV0026401 04/04/2024 401K - Employee 01-20800-0000-1 3,164.00 John Hancock INV0026408 04/04/2024 401K Loan 1 01-20800-0000-1 89.29 John Hancock INV0026409 04/04/2024 401K Loan 1 01-20800-0000-1 117.75 John Hancock INV0026410 04/04/2024 401k Contribution 01-20800-0000-1 306.37 John Hancock INV0026411 04/04/2024 401k Contribution 01-20800-0000-1 347.28 John Hancock INV0026412 04/04/2024 401k Contribution 01-20800-0000-1 184.70 John Hancock INV0026413 04/04/2024 401k Contribution 01-20800-0000-1 297.28 John Hancock INV0026414 04/04/2024 401k Contribution 01-20800-0000-1 260.48 John Hancock INV0026415 04/04/2024 401k Contribution 01-20800-0000-1 603.55 John Hancock INV0026416 04/04/2024 401k Contribution 01-20800-0000-1 213.23 John Hancock INV0026417 04/04/2024 401k Contribution 01-20800-0000-1 264.48 John Hancock INV0026418 04/04/2024 401k Contribution 01-20800-0000-1 884.90 John Hancock INV0026419 04/04/2024 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0026420 04/04/2024 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0026421 04/04/2024 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0026422 04/04/2024 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0026423 04/04/2024 401K Contribition 01-20800-0000-1 400.00 Vendor John Hancock - John Hancock Total: 23,310.30
Vendor: K.C. Waste - K.C. Waste
K.C. Waste March 2024 Gate Fee 04/10/2024 March 2024 Gate Fee 31-505-52800-0000-1 5,352.97 Vendor K.C. Waste - K.C. Waste Total: 5,352.97
Vendor: Kern County Fire - Kern County Fire
Kern County Fire INV24-000231 04/10/2024 KC Fire Protection Services FY… 01-130-58900-0000-1 192,910.00 Vendor Kern County Fire - Kern County Fire Total: 192,910.00 Vendor: Kern County Recorder - Kern County Recorder
Kern County Recorder INV0026357 04/02/2024 276 San Juan St - Release of Li… 30-500-55800-0000-1 6.66 Kern County Recorder INV0026357 04/02/2024 276 San Juan St - Release of Li… 31-505-55800-0000-1 6.66 Kern County Recorder INV0026357 04/02/2024 276 San Juan St - Release of Li… 32-510-55800-0000-1 6.68 Vendor Kern County Recorder - Kern County Recorder Total: 20.00 Vendor: KOEFRAN - Koefran Industries, Inc.

Koefran Industries, Inc. Inv. 0000592872 04/10/2024 Inv. 0000592872 Monthly Serv…01-155-51100-0000-1 220.50 Koefran Industries, Inc. Inv. 0000597620 04/10/2024 Inv. 0000597620 Monthly Serv…01-155-51100-0000-1 220.50 Vendor KOEFRAN - Koefran Industries, Inc. Total: 441.00

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Expense Approval Report Payment Dates: 3/30/2024 - 4/12/2024 4/17/2024 8:51:58 AM Page 9 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: Lassen Community Col - Lassen Community College Lassen Community College Inv. 189 04/10/2024 Inv.189 LE Armorer & Autopis… 01-150-52010-0000-1 97.00 Vendor Lassen Community Col - Lassen Community College Total: 97.00 Vendor: MCA Direct - MCA Direct
MCA Direct Inv# 2024064 04/10/2024 Inv# 2024064 Res/Min/Ord Bi… 01-111-57200-0000-1 857.34 Vendor MCA Direct - MCA Direct Total: 857.34
Vendor: McFarland Tire - McFarland Tire
McFarland Tire INV 32996 04/10/2024 INV 32996 Streets Dept. Veh. … 01-180-56430-0000-1 45.00 McFarland Tire INV 33117 04/10/2024 INV 33117 New Tires Streets … 01-180-56600-0000-1 952.00 McFarland Tire INV 33182 04/10/2024 INV 33182 Landscape Truck 01-180-56410-0000-1 792.00 Vendor McFarland Tire - McFarland Tire Total: 1,789.00
Vendor: Mission Linen Supply - Mission Linen Supply
Mission Linen Supply INV0026349 04/01/2024 Order Number 751636 Transit…34-520-51800-0000-1 153.42 Vendor Mission Linen Supply - Mission Linen Supply Total: 153.42 Vendor: Munguia - Munguia Heating & Air Conditioning
Munguia Heating & Air Condit… Inv. I-6471-1 04/10/2024 Inv. I-6471-1 Service Call - PD … 01-150-56400-0000-1 245.00 Munguia Heating & Air Condit… Inv. I-6472-1 04/10/2024 Inv. I-6472-1 Service Call - PD … 01-150-56400-0000-1 225.00 Vendor Munguia - Munguia Heating & Air Conditioning Total: 470.00 Vendor: Office Depot - Office Depot
Office Depot Inv. 357866155001 04/01/2024 Inv. 357866155001 Office Sup… 01-150-57200-0000-1 107.61 Office Depot Inv. 358047651001 04/01/2024 Inv. 358047651001 Office Sup… 01-150-57200-0000-1 3.45 Office Depot Inv. 358298225001 04/01/2024 Inv. 358298225001 Office Sup… 01-150-57200-0000-1 16.12 Office Depot Inv. 3589450430021 04/01/2024 Inv. 3589450430021 Office Su… 01-150-57200-0000-1 104.98 Office Depot INV358298227001 04/02/2024 Inv. 358298227001 Office Sup… 01-150-57200-0000-1 20.56 Vendor Office Depot - Office Depot Total: 252.72
Vendor: P & J Electric - P & J Electric
P & J Electric INV 8811 04/10/2024 INV 8811 Electrician Foreman… 30-500-56000-7820-1 719.28 Vendor P & J Electric - P & J Electric Total: 719.28
Vendor: Pitney Bowes Global - Pitney Bowes Global
Pitney Bowes Global INV 3106540118 04/10/2024 INV 3106540118 01/10-04/09… 01-105-55600-0000-1 14.55 Pitney Bowes Global INV 3106540118 04/10/2024 INV 3106540118 01/10-04/09… 01-110-55600-0000-1 14.55 Pitney Bowes Global INV 3106540118 04/10/2024 INV 3106540118 01/10-04/09… 01-115-55600-0000-1 14.55 Pitney Bowes Global INV 3106540118 04/10/2024 INV 3106540118 01/10-04/09… 01-130-55600-0000-1 14.55 Pitney Bowes Global INV 3106540118 04/10/2024 INV 3106540118 01/10-04/09… 01-140-55600-0000-1 14.55 Pitney Bowes Global INV 3106540118 04/10/2024 INV 3106540118 01/10-04/09… 01-150-55600-0000-1 14.55 Pitney Bowes Global INV 3106540118 04/10/2024 INV 3106540118 01/10-04/09… 01-155-55600-0000-1 14.62 Pitney Bowes Global INV 3106540118 04/10/2024 INV 3106540118 01/10-04/09… 01-160-55600-0000-1 14.55 Pitney Bowes Global INV 3106540118 04/10/2024 INV 3106540118 01/10-04/09… 01-165-55600-0000-1 14.55 Pitney Bowes Global INV 3106540118 04/10/2024 INV 3106540118 01/10-04/09… 01-175-55600-0000-1 14.55 Pitney Bowes Global INV 3106540118 04/10/2024 INV 3106540118 01/10-04/09… 30-500-55600-0000-1 14.55 Pitney Bowes Global INV 3106540118 04/10/2024 INV 3106540118 01/10-04/09… 31-505-55600-0000-1 14.55 Pitney Bowes Global INV 3106540118 04/10/2024 INV 3106540118 01/10-04/09… 32-510-55600-0000-1 14.55 Vendor Pitney Bowes Global - Pitney Bowes Global Total: 189.22 Vendor: Pitney Bowes - Pitney Bowes
Pitney Bowes 8000-9000-0937-7825 01/05/… 04/11/2024 8000-9000-0937-7825 01/05/… 01-105-55600-0000-1 19.24 Pitney Bowes 8000-9000-0937-7825 01/05/… 04/11/2024 8000-9000-0937-7825 01/05/… 01-110-55600-0000-1 19.24 Pitney Bowes 8000-9000-0937-7825 01/05/… 04/11/2024 8000-9000-0937-7825 01/05/… 01-115-55600-0000-1 19.35 Pitney Bowes 8000-9000-0937-7825 01/05/… 04/11/2024 8000-9000-0937-7825 01/05/… 01-130-55600-0000-1 19.24 Pitney Bowes 8000-9000-0937-7825 01/05/… 04/11/2024 8000-9000-0937-7825 01/05/… 01-140-55600-0000-1 19.24 Pitney Bowes 8000-9000-0937-7825 01/05/… 04/11/2024 8000-9000-0937-7825 01/05/… 01-150-55600-0000-1 19.24 Pitney Bowes 8000-9000-0937-7825 01/05/… 04/11/2024 8000-9000-0937-7825 01/05/… 01-155-55600-0000-1 19.24 Pitney Bowes 8000-9000-0937-7825 01/05/… 04/11/2024 8000-9000-0937-7825 01/05/… 01-160-55600-0000-1 19.24 Pitney Bowes 8000-9000-0937-7825 01/05/… 04/11/2024 8000-9000-0937-7825 01/05/… 01-165-55600-0000-1 19.24 Pitney Bowes 8000-9000-0937-7825 01/05/… 04/11/2024 8000-9000-0937-7825 01/05/… 01-175-55600-0000-1 19.24 Pitney Bowes 8000-9000-0937-7825 01/05/… 04/11/2024 8000-9000-0937-7825 01/05/… 30-500-55600-0000-1 19.24 Pitney Bowes 8000-9000-0937-7825 01/05/… 04/11/2024 8000-9000-0937-7825 01/05/… 31-505-55600-0000-1 19.24 Pitney Bowes 8000-9000-0937-7825 01/05/… 04/11/2024 8000-9000-0937-7825 01/05/… 32-510-55600-0000-1 19.24 Pitney Bowes 8000-9000-0937-7825 02/05/… 04/11/2024 8000-9000-0937-7825 02/05/… 01-105-55600-0000-1 8.69

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Vendor Name Payable Number Post Date Description (Item) Account Number Amount Pitney Bowes 8000-9000-0937-7825 02/05/… 04/11/2024 8000-9000-0937-7825 02/05/… 01-110-55600-0000-1 8.69 Pitney Bowes 8000-9000-0937-7825 02/05/… 04/11/2024 8000-9000-0937-7825 02/05/… 01-115-55600-0000-1 8.69 Pitney Bowes 8000-9000-0937-7825 02/05/… 04/11/2024 8000-9000-0937-7825 02/05/… 01-130-55600-0000-1 8.69 Pitney Bowes 8000-9000-0937-7825 02/05/… 04/11/2024 8000-9000-0937-7825 02/05/… 01-140-55600-0000-1 8.69 Pitney Bowes 8000-9000-0937-7825 02/05/… 04/11/2024 8000-9000-0937-7825 02/05/… 01-150-55600-0000-1 8.69 Pitney Bowes 8000-9000-0937-7825 02/05/… 04/11/2024 8000-9000-0937-7825 02/05/… 01-155-55600-0000-1 8.69 Pitney Bowes 8000-9000-0937-7825 02/05/… 04/11/2024 8000-9000-0937-7825 02/05/… 01-160-55600-0000-1 8.69 Pitney Bowes 8000-9000-0937-7825 02/05/… 04/11/2024 8000-9000-0937-7825 02/05/… 01-165-55600-0000-1 8.69 Pitney Bowes 8000-9000-0937-7825 02/05/… 04/11/2024 8000-9000-0937-7825 02/05/… 01-175-55600-0000-1 8.69 Pitney Bowes 8000-9000-0937-7825 02/05/… 04/11/2024 8000-9000-0937-7825 02/05/… 30-500-55600-0000-1 8.69 Pitney Bowes 8000-9000-0937-7825 02/05/… 04/11/2024 8000-9000-0937-7825 02/05/… 31-505-55600-0000-1 8.69 Pitney Bowes 8000-9000-0937-7825 02/05/… 04/11/2024 8000-9000-0937-7825 02/05/… 32-510-55600-0000-1 8.71 Pitney Bowes 8000-9000-0937-7825 03/05/… 04/11/2024 8000-9000-0937-7825 03/05/… 01-105-55600-0000-1 21.68 Pitney Bowes 8000-9000-0937-7825 03/05/… 04/11/2024 8000-9000-0937-7825 03/05/… 01-110-55600-0000-1 21.68 Pitney Bowes 8000-9000-0937-7825 03/05/… 04/11/2024 8000-9000-0937-7825 03/05/… 01-115-55600-0000-1 21.68 Pitney Bowes 8000-9000-0937-7825 03/05/… 04/11/2024 8000-9000-0937-7825 03/05/… 01-130-55600-0000-1 21.68 Pitney Bowes 8000-9000-0937-7825 03/05/… 04/11/2024 8000-9000-0937-7825 03/05/… 01-140-55600-0000-1 21.68 Pitney Bowes 8000-9000-0937-7825 03/05/… 04/11/2024 8000-9000-0937-7825 03/05/… 01-150-55600-0000-1 21.68 Pitney Bowes 8000-9000-0937-7825 03/05/… 04/11/2024 8000-9000-0937-7825 03/05/… 01-155-55600-0000-1 21.68 Pitney Bowes 8000-9000-0937-7825 03/05/… 04/11/2024 8000-9000-0937-7825 03/05/… 01-160-55600-0000-1 21.68 Pitney Bowes 8000-9000-0937-7825 03/05/… 04/11/2024 8000-9000-0937-7825 03/05/… 01-165-55600-0000-1 21.72 Pitney Bowes 8000-9000-0937-7825 03/05/… 04/11/2024 8000-9000-0937-7825 03/05/… 01-175-55600-0000-1 21.68 Pitney Bowes 8000-9000-0937-7825 03/05/… 04/11/2024 8000-9000-0937-7825 03/05/… 30-500-55600-0000-1 21.68 Pitney Bowes 8000-9000-0937-7825 03/05/… 04/11/2024 8000-9000-0937-7825 03/05/… 31-505-55600-0000-1 21.68 Pitney Bowes 8000-9000-0937-7825 03/05/… 04/11/2024 8000-9000-0937-7825 03/05/… 32-510-55600-0000-1 21.68 Pitney Bowes 8000-9000-0937-7825 4/05/24 04/11/2024 8000-9000-0937-7825 4/05/24…01-105-55600-0000-1 28.19 Pitney Bowes 8000-9000-0937-7825 4/05/24 04/11/2024 8000-9000-0937-7825 4/05/24…01-110-55600-0000-1 28.19 Pitney Bowes 8000-9000-0937-7825 4/05/24 04/11/2024 8000-9000-0937-7825 4/05/24…01-115-55600-0000-1 28.31 Pitney Bowes 8000-9000-0937-7825 4/05/24 04/11/2024 8000-9000-0937-7825 4/05/24…01-130-55600-0000-1 28.19 Pitney Bowes 8000-9000-0937-7825 4/05/24 04/11/2024 8000-9000-0937-7825 4/05/24…01-140-55600-0000-1 28.19 Pitney Bowes 8000-9000-0937-7825 4/05/24 04/11/2024 8000-9000-0937-7825 4/05/24…01-150-55600-0000-1 28.19 Pitney Bowes 8000-9000-0937-7825 4/05/24 04/11/2024 8000-9000-0937-7825 4/05/24…01-155-55600-0000-1 28.19 Pitney Bowes 8000-9000-0937-7825 4/05/24 04/11/2024 8000-9000-0937-7825 4/05/24…01-160-55600-0000-1 28.19 Pitney Bowes 8000-9000-0937-7825 4/05/24 04/11/2024 8000-9000-0937-7825 4/05/24…01-165-55600-0000-1 28.19 Pitney Bowes 8000-9000-0937-7825 4/05/24 04/11/2024 8000-9000-0937-7825 4/05/24…01-175-55600-0000-1 28.19 Pitney Bowes 8000-9000-0937-7825 4/05/24 04/11/2024 8000-9000-0937-7825 4/05/24…30-500-55600-0000-1 28.19 Pitney Bowes 8000-9000-0937-7825 4/05/24 04/11/2024 8000-9000-0937-7825 4/05/24…31-505-55600-0000-1 28.19 Pitney Bowes 8000-9000-0937-7825 4/05/24 04/11/2024 8000-9000-0937-7825 4/05/24…32-510-55600-0000-1 28.19 Vendor Pitney Bowes - Pitney Bowes Total: 1,011.69
Vendor: Quality Smog - Quality Smog
Quality Smog INV 114917 04/02/2024 INV 114917 Toyota Sienna Re… 34-520-56600-0000-1 80.00 Vendor Quality Smog - Quality Smog Total: 80.00
Vendor: Raul Martinez - Raul Martinez
Raul Martinez INV 37 04/02/2024 INV 37 Iron Gate 25-000-52910-0000-1 3,000.00 Vendor Raul Martinez - Raul Martinez Total: 3,000.00
Vendor: SC SITES Services - SC SITES Services
SC SITES Services Inv. 51881 04/02/2024 Inv. 51881 Repeater Rental A… 01-150-52200-0000-1 1,632.00 Vendor SC SITES Services - SC SITES Services Total: 1,632.00 Vendor: The Gas Co. - SoCalGas
SoCalGas December 2023 So Cal Gas Ve… 04/10/2024 December 2023 So Cal Gas Ve… 01-185-58000-0000-1 167.23 SoCalGas February 2024 So Cal Gas Vete…04/10/2024 February 2024 So Cal Gas Vete…01-185-58000-0000-1 182.07 SoCalGas January 2024 So Cal Gas Veter…04/10/2024 January 2024 So Cal Gas Veter…01-180-58000-0000-1 201.71 SoCalGas March 2024 So Cal Gas Vetera…04/10/2024 March 2024 So Cal Gas Vetera…01-185-58000-0000-1 83.32 SoCalGas November 2023 So Cal Gas Ve…04/10/2024 November 2023 So Cal Gas Ve…01-185-58000-0000-1 87.39 SoCalGas October 2023 So Cal Gas Vete… 04/10/2024 October 2023 So Cal Gas Vete… 01-185-58000-0000-1 24.03 Vendor The Gas Co. - SoCalGas Total: 745.75
Vendor: Solar Energy - Solar Energy of America 1 LLC
Solar Energy of America 1 LLC INV 32555309 04/10/2024 INV 32555309 March 2024 M… 30-500-58000-0000-1 15,844.11

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Expense Approval Report Payment Dates: 3/30/2024 - 4/12/2024 4/17/2024 8:51:58 AM Page 11 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Solar Energy of America 1 LLC INV32218823 04/10/2024 INV32218823 February 2024 … 30-500-58000-0000-1 11,600.68 Vendor Solar Energy - Solar Energy of America 1 LLC Total: 27,444.79 Vendor: Spay Neuter - Spay Neuter Imperative Project California Spay Neuter Imperative Projec…INV 9010 04/10/2024 INV 9010 4/01/2024 Animal C… 01-155-51160-8450-1 7,500.00 Vendor Spay Neuter - Spay Neuter Imperative Project California Total: 7,500.00 Vendor: SPD - SPD
SPD INV0026432 04/05/2024 INV 19894 McFarland Marath… 01-24600-8207-1 467.64 Vendor SPD - SPD Total: 467.64
Vendor: tmobile - T Mobile USA Inc
T Mobile USA Inc INV0026356 04/02/2024 Acct# 992748243 - City Mana… 01-110-57800-0000-1 39.94 T Mobile USA Inc INV0026356 04/02/2024 Acct# 992748243 - Police Dep… 01-150-57800-0000-1 1,397.72 T Mobile USA Inc INV0026356 04/02/2024 Acct# 992748243 - Animal Con…01-155-57800-0000-1 119.82 Vendor tmobile - T Mobile USA Inc Total: 1,557.48
Vendor: Emblems Inc - The Emblem Authority
The Emblem Authority Inv 45169 04/02/2024 Inv 45169 Uniform Patches Sh…01-150-51800-0000-1 1,145.00 Vendor Emblems Inc - The Emblem Authority Total: 1,145.00 Vendor: Torpedo - Torpedo Pest Control
Torpedo Pest Control Invoice #1815 04/10/2024 Invoice #1815 Monthly Service 01-180-56000-0000-1 66.00 Torpedo Pest Control Invoice #1815 04/10/2024 Invoice #1815 Monthly Service 30-500-56000-7820-1 66.00 Torpedo Pest Control Invoice #1815 04/10/2024 Invoice #1815 Monthly Service 32-510-56000-0000-1 68.00 Vendor Torpedo - Torpedo Pest Control Total: 200.00
Vendor: Tyler Technologies - Tyler Technologies
Tyler Technologies INV 025-457985 04/10/2024 INV 025-457985 ExecuTime &… 01-310-52200-0000-1 7,919.83 Tyler Technologies INV 025-459214 04/10/2024 INV 025-459214 Tyler Tutoring…01-310-52200-0000-1 300.00 Vendor Tyler Technologies - Tyler Technologies Total: 8,219.83 Vendor: ULINE - ULINE
ULINE INV 175428802 04/02/2024 INV 175428802 WWTP Locker 30-500-56600-0000-1 308.98 Vendor ULINE - ULINE Total: 308.98
Vendor: ultrex management - Ultrex Management Services LLC Ultrex Management Services L…Inv 4039729 04/01/2024 Inv 4039729 CN27737-01 (Dis… 01-150-52200-0000-1 69.86 Vendor ultrex management - Ultrex Management Services LLC Total: 69.86 Vendor: UNWIREDBROADBAND - unWired Broadband LLC
unWired Broadband LLC INV 01959823 04/10/2024 INV 01959823 Internet Month…01-155-57800-0000-1 144.99 unWired Broadband LLC INV 01959823 04/10/2024 INV 01959823 Internet Month…30-500-57800-0000-1 145.00 Vendor UNWIREDBROADBAND - unWired Broadband LLC Total: 289.99 Vendor: Visual Edge - Visual Edge IT, Inc.

Visual Edge IT, Inc. INV 24AR1628830 04/03/2024 INV 24AR1628830 Monthly C… 01-130-54800-0000-1 671.23 Vendor Visual Edge - Visual Edge IT, Inc. Total: 671.23 Grand Total: 469,512.48

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Expense Approval Report Payment Dates: 3/30/2024 - 4/12/2024 4/17/2024 8:51:58 AM Page 12 of 15
Report Summary
Fund Summary
Fund Payment Amount
01 - GENERAL FUND 340,190.70
20 - LIGHTING & LANDSCAPING-DISTRICT 1 1,391.70
25 - CAPITAL IMPROVEMENTS PROJECTS 3,000.00
30 - SEWER 84,546.21
31 - REFUSE/RECYCLING 9,538.85
32 - WATER 29,580.91
34 - PUBLIC TRANSPORTATION 1,264.11
Grand Total: 469,512.48
Account Summary
Account Number Account Name Payment Amount
01-105-54000-0000-1 Fuel 8.79
01-105-55600-0000-1 Postage 92.35
01-105-57800-0000-1 Telephone & Communic… 8.60
01-110-54000-0000-1 Fuel 44.96
01-110-55600-0000-1 Postage 92.35
01-110-57800-0000-1 Telephone & Communic… 66.81
01-111-52200-0000-1 Contract Services 367.50
01-111-54000-0000-1 Fuel 8.79
01-111-57200-0000-1 Supplies - Office 857.34
01-115-54000-0000-1 Fuel 8.79
01-115-55600-0000-1 Postage 92.58
01-115-57800-0000-1 Telephone & Communic… 30.09
01-130-51200-0000-1 Bank Charges 514.08
01-130-54800-0000-1 Maintenance Agreements 671.23
01-130-55600-0000-1 Postage 92.35
01-130-56100-0000-1 Legal Services 14,012.00
01-130-57200-0000-1 Supplies - Office 22.22
01-130-58900-0000-1 Debt Principal Redeemed 192,910.00
01-140-54000-0000-1 Fuel 13.43
01-140-55600-0000-1 Postage 92.35
01-140-56000-8472-1 Professional Services - In… 3,342.50 01-140-57800-0000-1 Telephone & Communic… 30.09
01-150-51800-0000-1 Clothing Allowance 1,145.00
01-150-52010-0000-1 Conference/Meeting/Tr… 97.00
01-150-52200-0000-1 Contract Services 1,701.86
01-150-52950-0000-1 Equip-Other (Capital) 1,800.00
01-150-54000-0000-1 Fuel 3,371.33
01-150-55600-0000-1 Postage 92.35
01-150-56000-0000-1 Professional Services - O… 93.07
01-150-56400-0000-1 Repairs & Maint - Build &… 470.00
01-150-56600-0000-1 Repairs & Maintenance -… 74.52
01-150-57200-0000-1 Supplies - Office 274.92
01-150-57800-0000-1 Telephone & Communic… 1,655.68
01-155-51100-0000-1 Animal Disposal 441.00
01-155-51160-8450-1 Spay and Neuter Fees 7,500.00
01-155-54000-0000-1 Fuel 134.89
01-155-54600-0000-1 Interest Expense 12,558.48
01-155-55600-0000-1 Postage 92.42
01-155-57800-0000-1 Telephone & Communic… 273.41
01-160-41500-0000-1 Building Permits 801.99
01-160-41505-0000-1 Technology Fee 12.95
01-160-41510-0000-1 Training Fee 12.95
01-160-41515-0000-1 Building - GP Maintenan… 12.95
01-160-54000-0000-1 Fuel 44.96
01-160-55600-0000-1 Postage 92.35
01-160-57800-0000-1 Telephone & Communic… 8.60

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Expense Approval Report Payment Dates: 3/30/2024 - 4/12/2024 4/17/2024 8:51:58 AM Page 13 of 15
Account Summary
Account Number Account Name Payment Amount
01-165-54000-0000-1 Fuel 67.20
01-165-55600-0000-1 Postage 92.39
01-165-57800-0000-1 Telephone & Communic… 24.29
01-175-54000-0000-1 Fuel 4.64
01-175-55600-0000-1 Postage 92.35
01-175-57800-0000-1 Telephone & Communic… 30.09
01-180-51800-0000-1 Clothing Allowance 372.69
01-180-54000-0000-1 Fuel 539.06
01-180-56000-0000-1 Professional Services - O… 66.00
01-180-56410-0000-1 Repairs & Maintenance … 792.00
01-180-56430-0000-1 Repairs & Maintenance -… 45.00
01-180-56500-0000-1 Repairs/Maintenance St… 106.92
01-180-56600-0000-1 Repairs/Maintenance - … 1,031.00
01-180-57400-0000-1 Supplies - Operating 689.69
01-180-57800-0000-1 Telephone & Communic… 216.10
01-180-58000-0000-1 Utilities 201.71
01-180-58100-0000-1 Street Lighting 3,417.85
01-185-58000-0000-1 Utilities 544.04
01-190-52200-0000-1 Contract Services 352.33
01-190-56400-0000-1 Repairs & Maint - Build &… 116.85
01-20800-0000-1 Pension Payable 16,349.51
01-22050-0000-1 Federal Withholding Pay… 8,384.73
01-22100-0000-1 FICA Payable 13,601.56
01-22150-0000-1 Medicare Payable 3,180.94
01-22200-0000-1 State Withholding Payab… 4,989.36
01-22250-0000-1 SUTA Payable 242.08
01-22275-0000-1 ETT Payable 5.15
01-22600-0000-1 Health FSA 58.38
01-22700-0000-1 Disablity LTD 175.10
01-22800-0000-1 Accident 19.34
01-22900-0000-1 Life 92.68
01-22950-0000-1 Cancer-American Fidelity 14.40
01-24000-0000-1 Deposits 250.00
01-24600-8207-1 Deferred Revenue - McF… 4,414.11
01-310-52200-0000-1 Contract Services 8,728.08
01-310-54800-0000-1 Maintenance Agreements 24,741.20
20-200-51800-0000-1 Clothing Allowance 77.14
20-200-54000-0000-1 Fuel 179.85
20-200-57800-0000-1 Telephone & Communic… 0.65
20-20800-0000-1 Pension Payable 366.72
20-22050-0000-1 Federal Withholding Pay… 96.49
20-22100-0000-1 FICA Payable 436.70
20-22150-0000-1 Medicare Payable 102.14
20-22200-0000-1 State Withholding Payab… 67.23
20-22250-0000-1 SUTA Payable 63.43
20-22275-0000-1 ETT Payable 1.35
25-000-52910-0000-1 Buildings & Improvemen… 3,000.00
30-20800-0000-1 Pension Payable 2,429.03
30-22050-0000-1 Federal Withholding Pay… 1,136.98
30-22100-0000-1 FICA Payable 2,781.92
30-22150-0000-1 Medicare Payable 650.62
30-22200-0000-1 State Withholding Payab… 910.44
30-22250-0000-1 SUTA Payable 16.38
30-22275-0000-1 ETT Payable 0.35
30-22600-0000-1 Health FSA 39.14
30-22700-0000-1 Disablity LTD 43.49
30-22800-0000-1 Accident 27.45
30-22900-0000-1 Life 44.10

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Expense Approval Report Payment Dates: 3/30/2024 - 4/12/2024 4/17/2024 8:51:58 AM Page 14 of 15
Account Summary
Account Number Account Name Payment Amount
30-22950-0000-1 Cancer- American Fidelity 2.61
30-500-51200-0000-1 Bank Charges 514.05
30-500-51800-0000-1 Clothing Allowance 326.49
30-500-54000-0000-1 Fuel 336.97
30-500-55600-0000-1 Postage 400.82
30-500-55800-0000-1 Printing & Legal Notices 6.66
30-500-56000-7820-1 Profressional Services - … 37,297.53 30-500-56400-0000-1 Repairs & Maint - Build &… 425.03
30-500-56410-0000-1 Repairs & Maintenance … 5,784.14
30-500-56600-0000-1 Repairs & Maintenance -… 1,838.21
30-500-56800-0000-1 Safety Equipment 1,357.97
30-500-57200-0000-1 Supplies - Office 22.20
30-500-57800-0000-1 Telephone & Communic… 702.17
30-500-58000-0000-1 Utilities 27,451.46
31-20800-0000-1 Pension Payable 1,139.51
31-22050-0000-1 Federal Withholding Pay… 372.21
31-22100-0000-1 FICA Payable 1,015.66
31-22150-0000-1 Medicare Payable 237.56
31-22200-0000-1 State Withholding Payab… 346.47
31-22250-0000-1 SUTA Payable 16.38
31-22275-0000-1 ETT Payable 0.35
31-22600-0000-1 Health FSA 13.05
31-22700-0000-1 Disablity LTD 19.44
31-22900-0000-1 Life 16.41
31-22950-0000-1 Cancer-American Fidelity 2.61
31-505-51200-0000-1 Bank Charges 514.05
31-505-52800-0000-1 County Waste Managem… 5,352.97
31-505-55600-0000-1 Postage 399.91
31-505-55800-0000-1 Printing & Legal Notices 6.66
31-505-57200-0000-1 Supplies - Office 22.20
31-505-57800-0000-1 Telephone & Communic… 63.41
32-20800-0000-1 Pension Payable 2,724.84
32-22050-0000-1 Federal Withholding Pay… 1,187.99
32-22100-0000-1 FICA Payable 2,715.74
32-22150-0000-1 Medicare Payable 635.16
32-22200-0000-1 State Withholding Payab… 776.08
32-22250-0000-1 SUTA Payable 148.51
32-22275-0000-1 ETT Payable 3.16
32-22600-0000-1 Health FSA 39.10
32-22700-0000-1 Disablity LTD 22.16
32-22900-0000-1 Life 17.31
32-22950-0000-1 Cancer-American Fidelity 2.62
32-510-51200-0000-1 Bank Charges 514.05
32-510-51800-0000-1 Clothing Allowance 311.06
32-510-54000-0000-1 Fuel 134.89
32-510-55600-0000-1 Postage 399.93
32-510-55800-0000-1 Printing & Legal Notices 6.68
32-510-56000-0000-1 Professional Services - O… 68.00
32-510-56600-0000-1 Repairs & Maintenance -… 594.05
32-510-57200-0000-1 Supplies - Office 22.20
32-510-57400-0000-1 Supplies - Operating 5,329.63
32-510-57800-0000-1 Telephone & Communic… 522.83
32-510-58000-0000-1 Utilities 12,619.92
32-510-58200-0000-1 Water/Soil/Other Analys… 785.00
34-20800-0000-1 Pension Payable 300.69
34-22050-0000-1 Federal Withholding Pay… 91.93
34-22100-0000-1 FICA Payable 194.36
34-22150-0000-1 Medicare Payable 45.46

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Expense Approval Report Payment Dates: 3/30/2024 - 4/12/2024 4/17/2024 8:51:58 AM Page 15 of 15
Account Summary
Account Number Account Name Payment Amount
34-22200-0000-1 State Withholding Payab… 38.37
34-520-51800-0000-1 Clothing Allowance 153.42
34-520-54000-0000-1 Fuel 269.78
34-520-56600-0000-1 Repairs & Maintenance -… 80.00
34-520-57800-0000-1 Telephone & Communic… 90.10
Grand Total: 469,512.48
Project Account Summary
Project Account Key Payment Amount
**None** 469,512.48
Grand Total: 469,512.48

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City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 2.

Section: CONSENT AGENDA
Meeting Date: April 25, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Brian Knox, Chief of Police
SUBJECT: APPROVAL OF RESOLUTION NO. 2024-55 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND AUTHORIZING THE CITY

MANAGER TO EXECUTE A CONTRACT WITH MARTIN, PARIS, AND

MULLINS INVESTIGATIONS FOR INTERNAL INVESTIGATIVE SERVICES SUMMARY:

The McFarland Police Department (MPD) must conduct internal investigations periodically.

Many times, these investigations cannot be conducted by McFarland Police Department or City staff members due to conflicts and to maintain impartiality. In these cases, the MPD must contract the investigative services to a private company. The MPD wishes to engage the firm of Martin, Paris, and Mullins as one of the preferred investigative firms for these cases. Martin, Paris, and Mullins are retired law enforcement and have experience and employ investigators with over 85 combined years of law enforcement experience.

FINANCIAL IMPACT:

There is no financial impact on the city.

RECOMMENDATION:

Staff recommends enteringing into a contract with Martin, Paris and Mullins.

ATTACHMENTS:

1. 04.11.2024 - Investigation Consultant - Martin Paris Mullins Investigations LLC (Final)

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RESOLUTION NO. 2024-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MARTIN,

PARIS, AND MULLINS INVESTIGATIONS FOR INTERNAL INVESTIGATIVE SERVICES WHEREAS, the McFarland Police Department (MPD) periodically requires the conduct of internal investigations to ensure integrity and accountability within its ranks; and WHEREAS, there exist circumstances where internal investigations cannot be impartially conducted by the McFarland Police Department or other City staff due to potential conflicts of interest; and
WHEREAS, to maintain the highest standards of impartiality and professionalism, it is necessary to engage external investigative services from specialized firms; and WHEREAS, Martin, Paris, and Mullins Investigations, a firm with extensive experience in law enforcement and internal investigations, has been identified as a preferred provider for these services; and
WHEREAS, the proposed contract between the City of McFarland and Martin, Paris, and Mullins Investigations has been reviewed and is attached hereto as Attachment "A".

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

1. The City Manager is hereby authorized to execute the contract with Martin, Paris, and Mullins Investigations, as outlined in Attachment "A", for the provision of internal investigative services.

2. This resolution shall take effect immediately upon its passage and adoption.

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

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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

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

AGREEMENT FOR CONSULTANT SERVICES BETWEEN

CITY OF MCFARLAND, CALIFORNIA,
AND
Martin, Paris, Mullins Investigations
THIS AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the CITY OF MCFARLAND (the "City") and Matin, Paris, Mullins Investigations, LLC (MPMI), a California Limited Liability Company (“Consultant”).

RECITALS
The City requires outside assistance to provide the following services:

Internal Affairs Investigations
WHEREAS, Consultant represents itself as possessing the necessary skills and qualifications to provide the services required by the City and as being duly qualified to perform those services in accordance with the standard of quality ordinarily expected of competent professionals in Consultant’s field of expertise;
WHEREAS, Consultant will render such professional services, as hereinafter defined, on the following terms and conditions;
NOW THEREFORE, in consideration of these recitals, and the mutual covenants contained herein, the City and Consultant agree as follows:

AGREEMENT

1. TERM OF AGREEMENT.

1.1. This Agreement shall be effective on and from the day, month and year of the execution of this document by the City.

1.2. Consultant shall commence the performance of the services in accordance with the Scope of Work section provided in Attachment “A” to this Agreement and shall continue such services until all tasks to be performed are completed, or this Agreement is otherwise terminated. Consultant shall complete the services and provide final data and reports no later than August 31, 2023, unless an extension of time is mutually agreed to by both parties in writing.

2. CONSULTANT'S OBLIGATIONS- SCOPE OF WORK (ATTACHMENT A).

2.1. Consultant shall provide the City with the following services: The specific manner in which the services are to be performed is described in Attachment “A” which is attached

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
hereto and incorporated herein as though fully set forth at length, collectively hereinafter referred to as “Described Services.”

2.2. Consultant shall perform all work required to accomplish the Described Services in conformity with applicable requirements of Federal, State and Local law.

2.3. Consultant is hired to render the Described Services and any payments made to Consultant are compensation fully for such services.

2.4. Consultant shall maintain professional certifications as required to properly comply with all City, State, and Federal law.

2.5. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. If the City, in good faith, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.

2.6. If a license or certification of any kind is required of Consultant, its employees, agents, or subcontractors by federal, state or law and regulation, Consultant warrants that such license has been obtained, is valid and in good standing, and shall keep in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.

2.7. Consultant shall provide the City with timely written reports of all significant developments or delays arising during performance of its services.

3. PAYMENT FOR SERVICES (ATTACHMENT B).

3.1. Payment to Consultant to perform its Scope of Work is set forth in Attachment “B”, attached hereto and incorporated herein. The payments provided in this Section are full compensation for the Scope of Work as described in Attachment A.

3.2. Consultant shall submit monthly bills to the City, describing its services and costs provided during the previous month, based upon percentage of task completed. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant's monthly bills shall include the following information to which such services or costs pertain:
- a description of services performed;
- the date the services were performed;
- the number of hours spent and by whom;
- a description of all costs incurred, and the Consultant's signature.

Consultant agrees to use every appropriate method to contain fees and costs under this Agreement. Once invoice is submitted and approved by the City, City payment will be made within 30 days of approval.

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

3.3. The amount set forth in Attachment B may be modified or amended only by a written document executed by both Consultant and authorized City representative prior to the performance of the additional work. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.

4. SUBCONTRACTING.

4.1. Consultant will not subcontract any portion of its Scope of Work without prior written approval of City. If Consultant subcontracts for any of the work to be performed under this Agreement, Consultant shall be as fully responsible to the City for the acts and omissions of Consultant’s subcontractors/subconsultants and for the persons either directly or indirectly employed by the subcontractors/subconsultants, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor/subconsultant of Consultant and the City. Consultant will be responsible for payment of subcontractors/subconsultants. Consultant shall bind every subcontractor/subconsultant to the terms of the Agreement applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the City. Consultant agrees that the City is an intended third-party beneficiary of any services agreement entered into between Consultant and any subcontractor or subconsultant.

5. PROJECT SCHEDULE AND COMPLETION DATE (ATTACHMENT C).

5.1. Attachment C is the project schedule that Consultant shall strictly meet, including benchmark dates and completion date, which is attached hereto and incorporated herein.

Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with the schedule specified herein. In the performance of this Agreement, time is of the essence.

5.2. Consultant shall promptly notify the City of any anticipated or unforeseen delays to the project schedule. Extensions to the project schedule and to this Agreement shall not be made without the prior written approval of the City. All requests for extensions to the project schedule shall be by written request only and submitted to the City prior to the commencement of such work.

6. CHANGES IN WORK AND EXTRA WORK. Consultant shall not change the scope or duration of work or perform work in excess of the Scope of Work without the prior, written approval of the City by an executed Change Order, describing in detail the revision to Scope of Work, revisions in payment and/or time, fully executed by both parties. Failure to obtain a Change Order prior to the commencement of any revision waives Contractor’s right to payment for such additional services.

7. RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY CITY. City designates Kenny Williams, its City Manager, to represent the City in all matters within the scope of this Contract relating to the conduct and approval of the work to be performed. Whenever the term “approval of City,” “consult with City,” “confer with City,” or similar terms are used, they

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
shall refer to the City Manager. The City Manager may designate an assistant to act in his/her stead.

The CITY shall furnish upon request, without charge, all standard plans and specifications and any other information which the City now has in its files that may be of use to Consultant.

8. VERBAL AGREEMENT OR CONVERSATION. No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle Consultant to any additional payment whatsoever.

9. TERMINATION OF AGREEMENT.

9.1. Termination for Convenience City may terminate this Contract for City’s convenience at any time by providing Consultant thirty days written notice. Upon receipt of the notice of termination, Consultant shall immediately take action not to incur any additional obligations, costs or expenses, except as may be necessary to terminate its activities. City shall pay Consultant its reasonable and allowable costs through the effective date of termination and those reasonable and necessary costs incurred by Consultant to effect the termination. Thereafter, Consultant shall have no further claims against City under this Contract. All finished and unfinished documents and materials procured for or produced under this Contract, including all intellectual property rights City is entitled to, shall become City property upon the date of the termination. Consultant agrees to execute any documents necessary for City to perfect, memorialize, or record City’s ownership of rights provided herein.

9.2. Termination for Breach of Contract.

9.2.1. Except as provided in Attachment “C”, if Consultant fails to perform any of the provisions of this Contract or so fails to make progress as to endanger timely performance of this Contract, City may give Consultant written notice of the default.

City’s default notice will indicate whether the default may be cured and the time period to cure the default to the sole satisfaction of City. Additionally, City’s default notice may offer Consultant an opportunity to provide City with a plan to cure the default, which shall be submitted to City within the time period allowed by City. At City’s sole discretion, City may accept or reject Consultant’s plan. If the default cannot be cured or if Consultant fails to cure within the period allowed by City, then City may terminate this Contract due to Consultant’s breach of this Contract.

9.2.2. If the default under this Contract is due to Consultant’s failure to maintain the insurance required under this Contract, Consultant shall immediately: (1) suspend performance of any services under this Contract for which insurance was required; and (2) notify its employees and Subconsultants of the loss of insurance coverage and Consultant’s obligation to suspend performance of services. Consultant shall not recommence performance until Consultant is fully insured and in compliance with City’s requirements.

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

9.2.3. If a federal or state proceeding for relief of debtors is undertaken by or against Consultant, or if Consultant makes an assignment for the benefit of creditors, then City may immediately terminate this Contract.

9.2.4. If Consultant engages in any dishonest conduct related to the performance or administration of this Contract or violates City’s laws, regulations or policies relating to lobbying, then City may immediately terminate this Contract.

9.2.5. Acts of Moral Turpitude.
a. Consultant shall immediately notify City if Consultant T or any Key Person, as defined below, is charged with, indicted for, convicted of, pleads nolo contendere to, or forfeits bail or fails to appear in court for a hearing related to, any act which constitutes an offense involving moral turpitude under federal, state, or local laws (“Act of Moral Turpitude”). b. If Consultant or a Key Person is convicted of, pleads nolo contendere to, or forfeits bail or fails to appear in court for a hearing related to, an Act of Moral Turpitude, City may immediately terminate this Contract. c. If Consultant or a Key Person is charged with or indicted for an Act of Moral Turpitude, City may terminate this Contract after providing Consultant an opportunity to present evidence of Consultant’s ability to perform under the terms of this Contract.
d. Acts of Moral Turpitude include, but are not limited to: violent felonies as defined by Penal Code Section 667.5, crimes involving weapons, crimes resulting in serious bodily injury or death, serious felonies as defined by Penal Code Section 1192.7, and those crimes referenced in the Penal Code and articulated in California Public Resources Code Section 5164(a)(2); in addition to and including acts of murder, rape, sexual assault, robbery, kidnapping, human trafficking, pimping, voluntary manslaughter, aggravated assault, assault on a peace officer, mayhem, fraud, domestic abuse, elderly abuse, and child abuse, regardless of whether such acts are punishable by felony or misdemeanor conviction.
e. For the purposes of this provision, a Key Person is a principal, officer, or employee assigned to this Contract, or owner (directly or indirectly, through one or more intermediaries) of ten percent or more of the voting power or equity interests of Consultant.

9.2.6. In the event City terminates this Contract as provided in this section, City may procure, upon such terms and in the manner as City may deem appropriate, services similar in scope and level of effort to those so terminated, and Consultant shall be liable to City for all of its costs and damages, including, but not limited to, any excess costs for such services.

9.2.7. If, after notice of termination of this Contract under the provisions of this section, it is determined for any reason that Consultant was not in default under the provisions of this section, or that the default was excusable under the terms of this Contract, the

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rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Article 8 Termination for Convenience.

9.2.8. The rights and remedies of City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

9.3. In the event that this Contract is terminated, Consultant shall immediately notify all employees and Subconsultants, and shall notify in writing all other parties contracted with under the terms of this Contract within five (5) working days of the termination.

10. COVENANTS AGAINST CONTINGENT FEES. Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement without liability or, at the City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

11. OWNERSHIP OF DOCUMENTS.

11.1. All computer data, computer drawing files, plans, studies, sketches, drawings, reports, specifications, and all work product produced by Consultant under this Agreement are the property of the City, whether or not the City completes the Scope of Work or proceeds with the project for which such documents are prepared.

11.2. This Agreement creates a nonexclusive and perpetual right or license for City to copy, use, modify, reuse, and sublicense any and all copyrights, designs, and other intellectual property embodied in the writings prepared by Consultant, and Consultant subcontractors, under this Agreement. In the event the City should ever desire to undertake a project or review other proposed projects based upon the documents, the Consultant agrees that the City shall have the right to reuse all or any portion of the documents at no additional compensation to the Consultant.

12. INDEPENDENT CONTRACTOR.

12.1. The Consultant shall perform the services provided for herein in a manner of Consultant's own choice, as an independent Contract and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the Project.

12.2. If the Consultant subcontracts any of the work to be performed under this Agreement pursuant to the terms of this Agreement, Consultant shall be as fully responsible to the City or the acts and omissions of the Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor of

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Consultant and the City. The Consultant shall bind every subcontract by the terms of the Agreement applicable to Consultant's work, including indemnity and insurance requirements.

13. HOLD HARMLESS AND INDEMNIFICATION.

13.1. Indemnification - It is understood and agreed that Consultant has the professional skills, experience, and knowledge necessary to perform the work agreed to be performed under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant's work in a skillful and professional manner, and Consultant thus agrees to so perform the work.

13.2. Acceptance by City of the work performed under this Agreement does not operate as a release of said Consultant from such professional responsibility for the work performed. It is further understood and agreed that Consultant is apprised of the scope of the work to be performed under this Agreement and Consultant agrees that said work can and shall be performed in a fully competent manner.

13.3. Consistent with California Civil Code section 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, immediately defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against all claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, subcontractors, subconsultants or agents during the performance this Agreement, or from any violation of any federal, state, or municipal law or ordinance to the extent caused, in whole or in part, by the negligence, reckless, or willful misconduct of Consultant or its employees, subcontractors, or agents, or by the quality or character of Consultant’s work, excepting only liability arising from the sole negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers.

13.4. Other than in the performance of professional services by a design professional, which law shall be solely as addressed in subparagraph 12.3 above, and to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against any claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of the performance of this Agreement by Consultant, its officers, employees, agents, subcontractors and subconsultants, excepting only that resulting from the sole negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.

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13.5. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

14. ASSIGNMENT OF AGREEMENT. Consultant is without right to and shall not assign this Agreement or any part thereof or any monies due hereunder without the prior written consent of the City.

15. INSURANCE.

15.1. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement (including all extensions provided), and provide proof thereof that is acceptable to the City the insurance specified in subsections (A) through (F) below with insurers and under forms of insurance satisfactory in all respects to the City.

Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. The Certificate of Insurance shall clearly identify the project name and number in the space labeled “Description of Operations/Locations/Special Items” on the form.

A. Commercial General and Automobile Liability. Consultant, at Consultant's own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($1,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 Code 1 (any auto).

Each of the following shall be included in the insurance coverage or added as an additional insured endorsement to the policy: City, its officers, employees, agents, and volunteers are to be covered as insured’s as respects each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by

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Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. In the event that Consultant purchases automobiles during the term of this Agreement, said automobiles shall be likewise covered. The coverage shall contain no special
An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage.

Insurance is to be placed with California-admitted insurers with a Best's rating of no less than A:VII.

B. Professional Liability. Consultant shall obtain, and during the term of this Agreement shall maintain, a policy of professional liability insurance that shall:
i. Be from an insurance company authorized to be in business in the State of California;
ii. Be in an insurable amount of not less than $1,000,000 for each occurrence; and
iii. Provide that the policy shall remain in full force during the full term of this Agreement and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to the City from the insurance company.

C. Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's Liability insurance for any and all persons employed directly or indirectly by Consultant shall be provided with limits not less than one million dollars. In the alternative, Consultant may rely on a self-insurance program to meet these requirements so long as the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City for loss arising from work performed under this Agreement.

D. Deductibles and Self-Insured Retentions. During the period covered by this Agreement, upon express written authorization of City Risk Manager, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The City may condition approval of an increase in deductible or self-insured retention levels upon a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

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E. Notice of Reduction in Coverage. In the event that any coverage required under subsections (A), (B), or (C) of this section of the Agreement is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five day after Consultant is notified of the change in coverage.

F. Other Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
i. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ii. Order Consultant to stop work under this Agreement or withhold any payment which becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof;
iii. Terminate this Agreement.
iv. Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for Consultant's failure to maintain insurance or secure appropriate endorsements.

16. DISPUTES.

16.1. If a dispute should arise regarding the performance of this Agreement, the following initial dispute resolution procedures shall be used:

A. Within twenty (20) City working days after a dispute regarding the performance of this Agreement arises, it shall be reduced to writing at staff level by the complaining party setting forth the nature of the dispute in detail, along with all pertinent back up documentation in support. The writing shall be delivered to the receiving party by first class mail or personal delivery directly to the party’s project manager, along with recommended methods of resolution.

B. The party receiving the letter shall reply to the letter with a detailed response, along with a recommended method of resolution, if any, within ten (10) City working days of receipt of the letter.

16.2. If the dispute is not resolved at staff level in accordance with Section 16.1, within five (5) City working days of the receiving party response (or longer if agreed between the parties) , the aggrieved party, through its respective project manager shall deliver to the General Manager’s office a letter outlining the dispute for the General Manager’s review. The receiving party may submit further response, if required, to the General Manager within five (5) City working days thereafter. The General Manager, at his/her

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sole discretion may respond as he/she deems appropriate, including recommendations for resolution, discussions or rejection of the dispute within fifteen (15) working days of receipt of the complaint.

16.3. If the dispute remains unresolved and the parties have exhausted the procedures outlined in this section, the parties may then seek remedies available to them under this Agreement and at law, including, but not limited to, under the termination procedures.

This provision does not relieve Consultant of its obligation and Consultant is required to timely comply with all applicable provisions of the Government Claims Act before initiating any legal proceeding against City.

17. CONFLICT OF INTEREST. Contractor warrants and covenants that it presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law, including, but not limited to, Government Code section 1090. If any principal provider of services is a "consultant" for the purposes of the Fair Political Practices Act (Gov. Code § 81000 et seq.), each such person shall comply with Form 721 Statement of Economic Interests filing requirements in accordance with state or City local Conflict of Interest Code. In addition, if any other conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement.

18. CONSULTANT’S BOOKS AND RECORDS.

18.1. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant.

18.2. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

18.3. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City General Counsel, City Auditor, General Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.

18.4. City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in the General Manager's office. Access to such records and documents shall be granted

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to any party authorized by Consultant’s representatives, or Consultant’s successor in interest.

19. WRITTEN NOTIFICATION. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first-class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of McFarland
Attn: City Manager
401 W. Kern Avenue
McFarland, CA 93250
If to Consultant: Martin, Paris, Mullins Investigations Attn: Lyle Martin
13061 Rosedale Hwy Ste. G-555
Bakersfield, Ca 93314
Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.

20. GENERAL PROVISIONS.

20.1. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20.2. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

20.3. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Kern.

20.4. Time is of the essence with regard to each covenant, condition and provision of this Agreement.

20.5. This Agreement constitutes the entire agreement between the parties with regard to the subject matter herein and supersedes any prior oral and written agreements and understandings between the parties with respect thereto.

20.6. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.

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20.7. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.

20.8. This Agreement may be executed in counterparts. A facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes.

20.9. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns. Notwithstanding the foregoing, Consultant shall not assign this Agreement or any part thereof to any other entity or individual.

20.10. City and Consultant each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.

20.11. All references to a statute or ordinance, shall incorporate any, or all, successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to the Developer under this Agreement.

21. CONSULTANT'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Agreement.

22. ACCESS AND ACCOMMODATIONS

22.1. Consultant shall comply with the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C.

Section 701 et seq., the Fair Housing Act, and its implementing regulations and any subsequent amendments, and California Government Code Section 11135;

22.2. Consultant shall not discriminate on the basis of disability or on the basis of a person’s relationship to, or association with, a person who has a disability;

22.3. Consultant shall provide reasonable accommodation upon request to ensure equal access to CITY-funded programs, services and activities;

22.4. Construction, if any, will be performed in accordance with the Uniform Federal Accessibility Standards (UFAS), 24 C.F.R. Part 40; and

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22.5. The buildings and facilities used to provide services under this Contract are in compliance with the federal and state standards for accessibility as set forth in the 2010 ADA Standards, California Title 24, Chapter 11, or other applicable federal and state law.

Consultant understands that City is relying upon these certifications and representations as a condition to funding this Contract. Any subcontract entered into by Consultant for work to be performed under this Contract must include an identical provision. [Signature Page Follows]

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IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement on the day and year written below.

CITY CONSULTANT*

CITY OF MCFARLAND,
a municipal corporation
By: __________________________
Name: ________________________
Title: _________________________

Dated: _______________, 202__
ATTEST:

Francisca Alvarado,
City Clerk
Martin, Paris and Mullins, LLC
a corporation
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 202__
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 202__
*Signatures of consultant must be notarized. Need
two signatures if contractor is a corporation.

Attach acknowledgement
APPROVED AS TO FORM:
____________________________
Nathan M. Hodges,
City Attorney

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ATTACHMENT “A”

SCOPE OF WORK
City retains Consultant to provide investigative work, including, but not limited to Background investigations, and internal affairs investigations on a case by case basis. Said investigations may include performing research, conducting interviews and surveillance, and report writing.

On a case by case basis, the City will provide a specific “scope of work” for each investigation that the City seeks to have Consultant perform pursuant to this Agreement. Each Investigation’s “scope of work” shall detailed in a separate dated writing and shall be attached hereto and incorporated herein upon acceptance by Consultant.

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ATTACHMENT “B”

PAYMENT
Investigation: Consultant’s hourly rates are $100.00 per hour per investigator for investigative work, including research, interviews, surveillance, and report writing.

Mileage: will be charged at 65.5 cents per mile whenever the investigator travels over 40 miles from Bakersfield city limits.

Testimony: Court testimony, or deposition, in regard to these matters or any other matters associated with these investigations will include a fee of $500 per day or any portion thereof for time spent in court and a $350 fee for any 4-hour deposition or any portion thereof. City will also pay for related travel expenses to include mileage and overnight stays. Court and Deposition fees are due in advance.

Subject Matter Expert (SME): $400.00 per hour for investigative work, research, preparation, and report-writing. SME court and deposition appearance rates are $500/hour.

Invoicing and Payment Terms: Consultant shall provide the City detailed statements and invoices which will list all time and expenses incurred during the investigations. These statements/invoices will include a detailed summary of each incurred expense and may include:
meals, lodging, subcontractor fees, database usage fees, toll tag fees, and other fees associated with the investigation. The City will be provided with copies of receipts incurred during Consultant’s investigation.

The City shall pay any undisputed invoice within 30 days of receipt. A finance charge of 2.5% per month will accrue on all invoices 30 days or more past due.

Consultant shall provide a final written report of the investigations immediately upon receipt of payment for the final invoice after conclusion of the investigation. Interim reports may be provided upon request and at the discretion of the case manager. Interim reports will only be provided if the case account is paid up to date.

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ATTACHMENT “C”
Project Schedule and Completion Date:

Neither party shall be liable for its delay or failure to perform any obligation under and in accordance with this Contract, if the delay or failure arises out of fires, floods, earthquakes, epidemics, quarantine restrictions, other natural occurrences, strikes, lockouts (other than a lockout by the party or any of the party’s Subconsultants), freight embargoes, terrorist acts, insurrections or other civil disturbances, or other similar events to those described above, but in each case the delay or failure to perform must be beyond the control and without any fault or negligence of the party delayed or failing to perform (these events are referred to in this provision as "Force Majeure Events").

Notwithstanding the foregoing, a delay or failure to perform by a Subconsultant of Consultant shall not constitute a Force Majeure Event, unless the delay or failure arises out of causes beyond the control of both Consultant and Subconsultant, and without any fault or negligence of either of them. In such case, Consultant shall not be liable for the delay or failure to perform, unless the goods or services to be furnished by the Subconsultant were obtainable from other sources in sufficient time to permit Consultant to perform timely. As used in this Contract, the term “Subconsultant” means a subconsultant at any tier. In the event Consultant’s delay or failure to perform arises out of a Force Majeure Event, Consultant agrees to use commercially reasonable best efforts to obtain the goods or services from other sources, and to otherwise mitigate the damages and reduce the delay caused by the Force Majeure Event.

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City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 3.

Section: CONSENT AGENDA
Meeting Date: April 25, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Paul Saldaña , Community Development Director
SUBJECT: APPROVAL OF RESOLUTION NO. 2024-48 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND AUTHORIZING THE ENTERING

INTO A FUNDING AGREEMENT WITH THE STATE WATER RESOURCES

CONTROL BOARD AND AUTHORIZING AND DESIGNATING THE CITY

MANAGER FOR THE BROWNING ROAD WELL NITRATE TREATMENT
PROJECT.

SUMMARY:

On April 15, 2024 the State Water Resources Control Board Division of Financial Assistance(DFA) Deputy Director has approved $463,140 to the City of McFarland for the capital and contingency costs to install a temporary reverse osmosis (RO) treatment system plus one month of rental and Operations and & Maintenance (O&M) costs for the Browning Road Well.

While the project has an eligible start date of April 15, 2024, the City can begin incurring costs to the grant effective April 16, 2024. The grant agreement is being prepared by DFA and the City is expecting to finalize the agreement in the next few weeks.

The attached Resolution is required by DFA to be approved which authorizes the City Manager or designee to enter into the agreement once it is completed.

FINANCIAL IMPACT:

Increase grant funds in the amount of $463,140 for the Browning Road Water Treatment project.

RECOMMENDATION:

Staff recommends City Council adopt Resolution 24-48 A RESOLUTION AUTHORIZING THE

CITY OF MCFARLAND ENTERING INTO A FUNDING AGREEMENT WITH THE STATE

WATER RESOURCES CONTROL BOARD AND AUTHORIZING AND DESIGNATING THE CITY MANAGER FOR THE BROWNING ROAD WELL NITRATE TREATMENT PROJECT.

ATTACHMENTS:

None

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RESOLUTION NO. 2024-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND

AUTHORIZING THE ENTERING INTO A FUNDING AGREEMENT WITH THE STATE

WATER RESOURCES CONTROL BOARD AND AUTHORIZING AND DESIGNATING THE CITY MANAGER FOR THE BROWNING ROAD WELL NITRATE TREATMENT PROJECT.

Whereas, the City of McFarland has submitted an application to the State Water Resources Control Board for funding for the Nitrate Treatment System for the Browning Road Well; and Whereas, prior to the State Water Resources Control Board's executing a funding agreement, the City of McFarland is required to adopt a resolution authorizing an agent, or representative, to sign the funding agreement, amendments, and requests for disbursement on behalf of City of McFarland, and to carry out other necessary Project-related activities;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. That the City of McFarland is hereby authorized to carry out the Project, enter into a funding agreement with the State Water Resources Control Board, and accept and expend State funds for the Project; and

2. That the City Manager, or designee, is hereby authorized and designated to sign, for and on behalf of City of McFarland the funding agreement for the Project and any amendments thereto; and

3. That the City Manager, or designee, is hereby authorized and designated to represent the City of McFarland in carrying out City of McFarland's responsibilities under the funding agreement, including certifying invoices and disbursement requests for Project costs on behalf of City of McFarland and compliance with applicable state and federal laws; and

4. That any and all actions, whether previously or subsequently taken by City of McFarland, which are consistent with the intent and purposes of the foregoing resolution, shall be, and hereby are, in all respects, ratified, approved and confirmed.

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

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____________________________
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

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City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 4.

COUNCIL OF THE CITY OF MCFARLAND AUTHORIZING THE EXECUTION

OF THE CERTIFICATIONS AND ASSURANCES AND AUTHORIZED AGENT

FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM
(LCTOP).

SUMMARY:

LCTOP funds are to be expended by transit agencies on operating and capital assistance that reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. Funds are to be used to directly enhance or expand transit service, increase transit mode share, or purchase zero-emission buses and the equipment and infrastructure necessary to operate and support such vehicles. The purpose of this resolution is to authorize: the submittal of the application for LCTOP funds; and, the City Manager to execute the Certifications and Assurances and Authorized Agent forms.

FINANCIAL IMPACT:

No fiscal impact.

RECOMMENDATION:

Staff recommends the City Council adopt Resolution 2024-49 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND AUTHORIZING THE EXECUTION OF THE

CERTIFICATIONS AND ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP).

ATTACHMENTS:

None

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RESOLUTION NO. 2024-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND

AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES AND

AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT OPERATIONS

PROGRAM (LCTOP)
WHEREAS, the City of McFarland is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and
WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and
WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and WHEREAS, the City of McFarland wishes to delegate authorization to execute these documents and any amendments thereto to the City Manager or designee; and WHEREAS, the City of McFarland wishes to implement the following LCTOP project listed above, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The City Council of the City of McFarland that the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations and guidelines for all LCTOP funded transit projects.

2. The City Council authorizes the City Manager or designee be authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation.

3. The City Council of the City of McFarland that it hereby authorizes the submittal of the following project nomination(s) and allocation request(s) to the Department in FY2023-24 LCTOP funds:

Project Name: Zero-Emission Bus Purchase Project
Amount of LCTOP funds requested: $36,675
Short Description: Purchase one new zero-emission transit bus with LCTOP funds rolled over from FY2022-23 through FY2026-27
Benefit to a Priority Population: Toxin Emissions Reduction Amount to benefit Priority Population: $36,675
PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on April 25, 2024 by the following vote:

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

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City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 5.

Section: CONSENT AGENDA
Meeting Date: April 25, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
SUBJECT: APPROVAL OF RESOLUTION NO. 2024-50 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA, ADOPTING AN UPDATED TRAVEL POLICY.

SUMMARY:

The City of McFarland's travel policy, last revised on March 14, 2013, provides guidelines for managing travel and meeting expenses for city staff and officials. In line with our commitment to fiscal responsibility, it is proposed that we update the policy to reflect current best practices and address operational needs.

DISCUSSION:

The proposed updates to the travel policy aim to provide clearer guidance on the process and policies surrounding travel-related expenditures. Key changes include:

1. Approval Process for Out-of-Town Travel and Training Exceeding $500: A new procedure requires such requests to be approved by the City Manager and placed on the City Council agenda at least 30 days before the travel date to ensure transparency and proper oversight.

2. Transportation: Significant changes have been made to encourage the use of cityowned vehicles to reduce costs. If a city vehicle is unavailable, the use of personal vehicles will be reimbursed at the current IRS rate, provided that the driver has valid insurance.

3. Meals Reimbursement: The policy has transitioned from reimbursement of actual meal costs to a per diem allowance for overnight stays, based on GSA rates. This change simplifies the reimbursement process and reduces the administrative burden of maintaining receipts for meal expenses.

4. Meal Expenses for Travel Not Requiring Overnight Stay: A new section has been added to address meal reimbursements for day trips, providing clarity and guidelines for such expenses.

FINANCIAL IMPACT:

The revised travel policy is expected to reduce administrative costs and improve budget predictability through the use of standardized per diem rates. While initial savings are difficult to quantify, streamlining the approval and reimbursement process will contribute to overall cost

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efficiency.

RECOMMENDATION:

Staff recommends that the City Council adopt the updated travel policy which includes key revisions to streamline the approval process and clarify reimbursable expenses.

ATTACHMENTS:

1. Travel Policy - Updated

2. Travel Policy - Previously Adopted 3-14-2013

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RESOLUTION NO. 2024-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA,

ADOPTING AN UPDATED TRAVEL POLICY
WHEREAS, the City of McFarland recognizes the necessity for its legislative body and staff to travel to attend conferences, meetings, training seminars, workshops, certification institutes, and other professional development activities that enhance the management and operation of city government; and WHEREAS, the City's existing travel policy was last updated and adopted on March 14, 2013, and requires revisions to adapt to current best practices in municipal governance and fiscal management; and
WHEREAS, the updated travel policy outlined in Attachment "A" includes significant enhancements aimed at streamlining the approval processes, clarifying reimbursable expenses, promoting the use of city-owned vehicles to reduce costs, and implementing a per diem allowance based on GSA rates for overnight stays; and
WHEREAS, the updated policy also includes a new section to address meal expenses for travel not requiring overnight stays, thereby providing clear guidance and transparency in the reimbursement of such expenses; and
WHEREAS, the adoption of the updated travel policy will assist in controlling costs, reducing administrative burdens, and ensuring compliance with established budgetary constraints and standards; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The updated travel policy, as presented in Attachment "A", is hereby adopted.

2. This policy shall supersede all previous travel policies and will take effect immediately upon adoption, ensuring all travel and related expenses adhere to the guidelines specified therein.

3. The City Manager is directed to implement the provisions of this updated policy and ensure compliance across all departments and staff members involved in travel-related activities.

4. This resolution shall be in full force and effect immediately upon its adoption.

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

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

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CITY OF MCFARLAND, CALIFORNIA

TRAVEL POLICY
1 Overview
Members of the legislative body and staff of the City of McFarland may be required to attend conferences, meetings, training seminars, workshops, certification institutes, etc. that apply to the public policy, administration, management and operation of McFarland city government as well as professional and career development. This policy sets forth guidelines and establishes uniform practices and policies regarding expenditures associated with these activities.

Policy
The City of McFarland travel policy applies to members of the legislative body and all City staff and employees, including volunteers (if applicable).

Purpose
The purpose of the travel policy is to provide uniform guidelines for review and approval to pay actual and necessary expenses of travel and meeting expenses for those persons traveling to/from meetings, training, workshops, seminars and/or other related gatherings incurred on behalf of or at the request of or the benefit of the City of McFarland.

Authorized Expenses
City of McFarland funds, equipment, supplies, and staff time must only be used for authorized City of McFarland business. Expenses incurred in connection with the activities mentioned in this policy generally constitute authorized expenses, as long as the requirements of this policy are met.
1) Communicating with representatives of local, regional, state and national government on City of McFarland adopted policy positions.
2) Attending educational and career development seminars and workshops designed to improve staff skill and information levels.
3) Participating in local, regional, state and national organizations whose activities affect the City of McFarland’s interests.
4) Recognizing service to the City of McFarland
5) Attending City of McFarland events or attending community events when representing the City
6) Implementing a City of McFarland approved strategy for attracting or retaining businesses to the City of McFarland, which will typically involve at least one staff member 7) Meals when included or required in connection with attendance as a City representative at authorized meetings, seminars, conferences, City-sponsored events or community events; and

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2 8) Participating in managing emergency incidents and maintaining emergency preparedness 9) All other expenditures require prior approval of the City Manager.

Unauthorized Expenses
Personal Expenses. Personal expenses will not be borne or reimbursed by the City of McFarland. Examples of personal expenses that the City will not reimburse and for which public funds shall not be used to include, but not limited to:
1) Any personal portion of any trip
2) Political or charitable contributions
3) Family expenses, including partner’s expenses when accompanying City of McFarland official or staff and employee on agency-related business, as well as children or pet related expenses
4) Entertainment expenses, including theater, movies (either in room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events
5) Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline
6) Personal losses incurred while on City of McFarland business; 7) Alcoholic beverages
Meals for Third Parties. As a general rule, public funds may not be expended to purchase meals for third parties, such as constituents, legislators and private business owners. The City Manager is authorized to approve exceptions to this general rule on a case by case basis for meals included or associated with an official City sponsored event or official City of McFarland business.

Approvals
1) Mandatory Pre-Approval: All out of town travel and training requests exceeding $500, regardless of budget status, must be submitted for approval by the city manager and placed on the City Council agenda at least 30 days before the travel and training date. This requirement is to ensure ample time for review and approval by both the city manager and City Council, as necessary.
2) Procedure for Training Request Submissions:
• City Staff: Must submit their travel and training requests in writing to their department head, who will then forward it to the city manager for initial approval. • City Council Members: Should direct their travel and training requests to the city clerk, who will submit them to the city manager for approval.
3) City Manager and City Council Approval:
• Budgeted Travel and Training: Travel and training that has been pre-budgeted requires the city manager's approval and must be placed on the consent agenda for City

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3 Council approval. This process ensures that budgeted training activities are transparently reviewed and endorsed by the council.
• Non-Budgeted Travel and Training or Additional Funding: Travel and training that has not been included in the budget, or that requires additional funding, also needs the city manager's approval. Following this, it must be placed on the administrative agenda for City Council approval, allowing for a detailed evaluation of the need and financial implications.
4) Required Documentation for Requests: Travel and training requests should include the following detailed information to facilitate council agenda placement and approval:
• Type and purpose of the travel and training.
• Location of the travel and training event.
• Travel and training dates and times.
• Detailed cost breakdown: registration fees, accommodation, transportation, and Per Diem expenses.

Cost Control
To conserve City of McFarland resources and keep expenses within community standards for public officials, staff or employees, expenditures should adhere to the following guidelines. In the event that expenses are incurred that exceed these guidelines, the cost borne or reimbursed by the City of McFarland will be limited to the costs that fall within the guidelines.

Transportation
The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time- efficient route. Government and group rates must be used when available. In determining the type of travel consideration shall be given to the following factors:

Estimated transit time Cost
Desired arrival time Estimated departure time
Airfare. If the mode of transportation is commercial air, the class of travel shall be the lowest cost economy class available at time of booking and will be consistent with the lowest reasonable rate for a direct flight or the flight with the fewest number of transfers available for the desired departure and arrival times based on the above factors. The City Manager must approve any changes to flights wherein the City incurs a cost in excess of $100 prior to making the change.

Automobile. If the mode of transportation is a vehicle, the use of a City owned vehicle is required if available; however, it cannot be used to transport anyone other than City employees.

If the department director states that a City owned vehicle is not available, the employee may use a personal vehicle and mileage will be paid in accordance with the current IRS-approved rate. Mileage will be calculated from either the workplace or the City employee's home to the destination, and reimbursed on the lesser of the two. Use of a privately owned vehicle on City business requires the driver to possess a valid California drivers' license and to carry automobile insurance. Any damage to the vehicle or service repairs are of a personal nature, and are not reimbursable by the City, and the City shall assume no liability. Reimbursement will be based on the vehicle and not on the number of City employees attending {i.e., the owner of

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4 the vehicle will be paid and not the passengers). Mileage will not be reimbursed to City employees using City vehicles. City employees who receive an auto allowance may be reimbursed mileage if the travel is greater than 100 miles round trip.

Car Rental. Charges for rental vehicles may be reimbursed under this provision for attending out of town conferences where it is determined that renting a vehicle is more economical than other forms of transportation. In making such determination, the cost of the rental vehicle, parking and gasoline will be compared to the combined cost of such other forms of transportation. If ground transportation of choice is a rental car, the car rental insurance option, which should be refused by the employee at rental time, will not be reimbursed by the City.

Taxis/Shuttles. Taxi or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal to or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.

Lodging
Lodging expenses will be reimbursed or paid for travel on official City of McFarland business when ti reasonably requires an overnight stay.

Conferences/Meetings. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section (“Other Lodging”).

Other Lodging. Travelers must request government rates, when available. Lodging rates that are equal to or less than government rates are presumed reasonable and hence reimbursable for purposes of this policy. In the event that government rates are not available at a given time or in an area, reasonable rates will be established by the Finance Director or City Manager.

City employees must cancel any reservation that will not be used. If the City is charged for an unused reservation, the City employee will be responsible for that charge unless circumstances requiring cancellation were reasonably beyond their control.

Per Diem Allowance
All employees traveling out-of-town that require overnight stays are deemed to be on a "per diem" plan for purposes of submitting supporting documentation and receipts for any cash advance or per diem allowances in accordance with Internal Revenue Service regulations then in effect. The method to compute reimbursement will be the prevailing per diem rate schedule published by the GSA Per Diem Rate Schedule. To qualify for this rate, a City employee must attend an out-oftown event for greater than twenty-four hours. 1) Receipts are not required for meals and incidental expenses (M&IE) reimbursed as part of the per diem allowance.
2) Employees are responsible for their own meals and incidental expenses for all local travel. • On an exception basis, as preapproved by the City Manager, employees may be eligible for reimbursement of meals and incidental expenses up to the per diem allowance for local travel.
3) The per diem allowance shall be the standard meal allowance for meals and incidental expense in effect for the area where the traveler stops for rest or sleep.

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5 4) The GSA Per Diem Rate Schedule includes provisions for partial days, including first and last days of conference or event and a meal and incidental breakdown. • If certain meals are provided during a conference, those meals must be subtracted out of the per diem rate using the GSA Per Diem Rate Schedule provisions for partial days for the city in which the meeting took place.
• The provision of a "Continental Breakfast" will not be counted as a meal provided for the purposes of this section.

Meal Expenses for travel not requiring overnight stays
For trips not requiring overnight stays, the actual cost of meals at a hotel, restaurant, cafeteria, cafe or deli consumed by the City employee while on business travel will be reimbursed when documented by appropriate receipts. The actual cost includes non-alcoholic beverages, taxes and tip.
1) Receipts must show the itemized meal and should have City employee's name and the nature of the business documented.
2) Reimbursement shall not exceed the daily meal limit amounts set above, regardless of the amount of receipts submitted.
3) Meals for travel under twenty-four (24) hours may be taxed according to IRS regulations. 4) City employees will not be reimbursed for lunches if the location of the conference is within the City, since the City employee could have lunch in the manner they normally choose.

Exception: if a City employee is required to attend a lunch on behalf of the City during the conference day, the City will reimburse the employee for the actual cost of the meal and nonalcoholic beverage, taxes and tip when documented by appropriate receipts. 5) City employees will not be reimbursed for lunches which are already included in the conference registration fee.
6) If a City employee is attending a one-day seminar outside of the City, whereby lunch is not included in the price of the seminar, the reimbursement may not exceed the prevailing GSA lunch rate for the city in which the meeting took place.

Cash Advances
From time to time, it may be necessary to request a cash advance to cover anticipated expenses while traveling or doing business on the City of McFarland’s behalf. Such request for advance should be submitted to the City Manager at least fourteen (14) business days prior to the need for the advance with the following information.
1) The purposed of the expenditure(s)
2) The benefits of such expenditures to the residents of the City of McFarland 3) The anticipated amount of the authorized expenditure(s) (for example, hotel rates, meal costs, transportation expense(s)
4) The dates of the expenditure(s)
Any unused advance must be returned to the City of McFarland within 5 business days of the official’s or employee’s return, along with an expense report and receipts documenting how the advance was used in compliance with this expense policy. No reimbursement will be permitted to cover paid through a cash advance.

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6 Expense Report Content and Submission Deadline
All cash advance expenditures and expense reimbursement must be submitted on an expense report form provided by the Finance Department.

Expense reports must document that the expense in question meets the requirements of this policy. All expenses are subject to verification that they comply with this policy. Expense reports are public records subject to disclosure.

Expense reports must be submitted within 5 days of an expense being incurred. All expenses must be documented with receipts. Inability to provide such documentation in a timely fashion may result in the expense being borne by the individual who incurred the expense.

Interpretation of Policy
The intent of the policy is to provide guidelines to cover the necessary costs associated with City employees attending conferences and meetings related to, and for the benefit of, the City of McFarland in the most cost effective manner. Fiscal prudence should prevail in the interpretation of the policy as it is impossible to cover every unique situation that may arise. Any disagreement as to how the policy should be applied should be referred to the City Manager.

Violations of this Policy
Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges; 2) revocation of City credit card; 3) a demand for restitution to the City of McFarland; 3) the agency's reporting the expenses as income to the City employee to state and federal tax authorities; 4) civil penalties up to the maximum allowable by law 5) prosecution for misuse of public resources; and 6) other disciplinary measures as allowable under Human Resources policies.

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CITY OF MCFARLAND
Travel Policy
APPROVED BY COUNCIL: MARCH 14, 2013

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2 Overview
Members of the legislative body and staff of the City of McFarland may be required to attend conferences, meetings, training seminars, workshops, certification institutes, etc. that apply to the public policy, administration, management and operation of McFarland city government as well as professional and career development. This policy sets forth guidelines and establishes uniform practices and policies regarding expenditures associated with these activities.

Policy
The City of McFarland travel policy applies to members of the legislative body and all City staff and employees, including volunteers (if applicable).

1. Communicating with representatives of local, regional, state and national government on City of McFarland adopted policy positions.

2. Attending educational and career development seminars and workshops designed to improve staff skill and information levels.

3. Participating in local, regional, state and national organizations whose activities affect the City of McFarland’s interests.

4. Recognizing service to the City of McFarland

5. Attending City of McFarland events or attending community events when representing the City

6. Implementing a City of McFarland approved strategy for attracting or retaining businesses to the City of McFarland, which will typically involve at least one staff member

7. Meals when included or required in connection with attendance as a City representative at authorized meetings, seminars, conferences, City-sponsored events or community events; and

8. Participating in managing emergency incidents and maintaining emergency preparedness

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3 9. All other expenditures require prior approval of the City Manager.

Unauthorized Expenses
Personal Expenses. Personal expenses will not be borne or reimbursed by the City of McFarland.

Examples of personal expenses that the City will not reimburse and for which public funds shall not be used to include, but not limited to:

1. Any personal portion of any trip

2. Political or charitable contributions

3. Family expenses, including partner’s expenses when accompanying City of McFarland official or staff and employee on agency-related business, as well as children or pet related expenses

4. Entertainment expenses, including theater, movies (either in room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events

5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline

6. Personal losses incurred while on City of McFarland business;

7. Alcoholic beverages
Meals for Third Parties. As a general rule, public funds may not be expended to purchase meals for third parties, such as constituents, legislators and private business owners. The City Manager is authorized to approve exceptions to this general rule on a case by case basis for meals included or associated with an official City sponsored event or official City of McFarland business.

Airfare. Airfares that are equal to or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), The California State Associations of Counties (www.csac.counties.org) and State of California (www.catravelsmart.com) are presumed to be the most economical and reasonable for purposes of reimbursement under this policy.

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4 Automobile. Certain City of McFarland employees receive a monthly vehicle allowance for use of their personal vehicles in performing duties for the City of McFarland within a 20 mile radius McFarland CA 93250. Pursuant to Government Code section 1223, such vehicle allowance is provided as an alternative to mileage reimbursement. City of McFarland officials and employees may be reimbursed, based on a mileage rate, for use of their personal vehicles to conduct City of McFarland business. Management staff will be reimbursed as stated in employment contract. Automobile mileage is reimbursed at Internal Revenue Service rates presently in effect (see www.irs.gov). For 2012, the rate is 55.5 cents per business mile driven. These rates are designed to compensate the driver for gasoline, insurance, maintenance and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are separately reimbursable. Mileage rates will not be paid for rental vehicles; only receipted fuel expenses will be reimbursed.

Car Rental. Charges for rental vehicles may be reimbursed under this provision for attending out of town conferences where it is determined that renting a vehicle is more economical than other forms of transportation. In making such determination, the cost of the rental vehicle, parking and gasoline will be compared to the combined cost of such other forms of transportation. Rental rates that are equal to or less than those available through the State of California’s website (www.catravelsmart.com) shall be considered the most economical and reasonable for purposes of reimbursement under this policy.

Lodging
Lodging expenses will be reimbursed or paid for travel on official City of McFarland business reasonable requires an overnight stay.

Other Lodging. Travelers must request government rates, when available. A listing of hotels offering governmental rates in different areas is available at www.catravelsmart.com/lodguideframes.htm.

Lodging rates that are equal to or less than government rates are presumed reasonable and hence reimbursable for purposes of this policy.

In the event that government rates are not available at a given time or in a area, reasonable rates will be established in advanced, on a case by case basis, by the Finance Director or City Manager.

Meals
Actual expenses for authorized meals may be reimbursed in amounts that do not exceed the IRS per diem rates for a given area. Such rates are presumed reasonable and hence reimbursable. IRS per diem

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5 rates may be found at www.irs.gov (Publication 1542) or www.policyworks.gov/perdiem, http://www.gsa.gov/portal/category/100120 for the Kern County Area.

The City of McFarland will not reimburse for alcoholic beverages.

Meals- Total daily maximum advances for meals shall equate to the Internal Revenue Service per-diem rates. The City will advance a maximum of $71.00 per overnight stay. Advance payments for nonovernight stay individual meal rates shall be subject to the following criteria:

A) Breakfast – if travel/meeting requires business activity/contact between 6:00a.m. and 10:30a.m. maximum reimbursement $12.00
B) Lunch- if travel/meeting requires business activity/contact between 11:00a.m. and 2:30p.m maximum reimbursement $18.00
C) Dinner- if travel/meeting requires business activity/contact between 3:00p.m. and 6:00p.m. or thereafter maximum reimbursement $36.00
Telephone/Facsimile/Cellular
Actual telephone and fax expenses incurred on City of McFarland business are reimbursable. Telephone bills should identify which calls were made on City of McFarland business. Wherever possible, Cityissued cellular phones should be used for City of McFarland business conducted away from City of McFarland business.

Internet
Internet access connection and/or usage fees away from home, not to exceed $15.00 per day, are reimbursable if Internet access is necessary for City of McFarland related business.

Airport Parking
When airport parking is used for travel exceeding 24 hours, long-term rather than short-term parking must be used.

Cash Advance Policy
From time to time, it may be necessary to request a cash advance to cover anticipated expenses while traveling or doing business on the City of McFarland’s behalf. Such request for advance should be submitted to the City Manager at least fourteen (14) business days prior to the need for the advance with the following information.

1. The purposed of the expenditure(s)

2. The benefits of such expenditures to the residents of the City of McFarland

3. The anticipated amount of the authorized expenditure(s) (for example, hotel rates, meal costs, transportation expense(s)

4. The dates of the expenditure(s)

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6 Any unused advance must be returned to the City of McFarland within 5 business days of the official’s or employee’s return, along with an expense report and receipts documenting how the advance was used in compliance with this expense policy. No reimbursement will be permitted to cover paid through a cash advance.

Credit Card Use Policy
City official or employee assigned with a City of McFarland credit card may use those cards for official City of McFarland business consistent with this expense Policy. Credit card expenses will be periodically reviewed by the Finance Director or City Manager.

City of McFarland issued credit cards may not be used for personal expenses, even if the card user subsequently reimburses the City of McFarland. Further, City of McFarland issued credit card may not be used to pay for any expenses prohibited by this Policy.

Expense Report Content and Submission Deadline
All cash advance expenditures and expense reimbursement must be submitted on an expense report form provided by City of McFarland.

Expense reports must document that the expense in question meets the requirements of this policy. All expenses are subject to verification that they comply with policy. Expense reports are public records subject to disclosure.

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City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 6.

Section: CONSENT AGENDA
Meeting Date: April 25, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Yerlys Hernandez , Public Works Director
SUBJECT: APPROVAL OF RESOLUTION NO. 2024-51 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND AUTHORIZING THE EXECUTION

OF THE CERTIFICATIONS AND ASSURANCES UNDER FTA SECTION
5311 (49 U.S.C. SECTION 5311) WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION AND AUTHORIZING THE CITY MANAGER TO SIGN ON THE BEHALF OF THE CITY OF MCFARLAND.

SUMMARY:

Before the FTA can award a Federal grant or agreement, the applicant must submit all certifications and assurances pertaining to itself and its project or projects as required by Federal laws and regulations. Since 1995, FTA has consolidated the various certifications and assurances that may be required into a single document for publication in the Federal Register.

The City of McFarland uses FTA funding for its Transit service. This includes funding for operations, expansion of services and capital improvements. Because of these applications and contracts, the City is required to file the attached certifications and assurances. This also authorizes the City Manager to sign on behalf of the City of McFarland.

FINANCIAL IMPACT:

No fiscal impact.

RECOMMENDATION:

Staff recommends the City Council receive and file this report and approve a Resolution of the City Council of the City of McFarland authorizing the execution of the FTA Certifications and Assurances signature page, committing the Council and City of McFarland to comply with all Federal Statues, Regulations, Executive Orders, and Federal Requirements applicable to each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2024.

ATTACHMENTS:

1. FTA Certifications and Assurances

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RESOLUTION NO. 2024-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND

AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES UNDER FTA SECTION 5311 (49 U.S.C. SECTION 5311) WITH THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE CITY MANAGER TO

SIGN ON THE BEHALF OF THE CITY OF MCFARLAND
WHEREAS, the U. S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration to support capital/operating assistance projects for nonurbanized public transportation systems under Section 5311 of the Federal Transit Act (FTA C 9040.1F and FTA C 9050.1); and
WHEREAS, the California Department of Transportation (Department) has been designated by the Governor of the State of California to administer Section 5311 grants for transportation projects for the general public for the rural transit and intercity bus; and WHEREAS, City of McFarland, desires to apply for said financial assistance to permit operation of service/purchase of capital equipment in County of Kern; and WHEREAS, the City of McFarland has, to the maximum extent feasible, coordinated with other transportation providers and users in the region (including social service agencies).

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

1. Authorization of the City Manager, Public Works Director, Community Development Director and/or Transit Coordinator be authorized to file and execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and/or any amendments thereto with California Department of Transportation to aid in the financing of capital/operating assistance projects pursuant to Section 5311 of the Federal Transit Act (FTA C 9040.1F and FTA C 9050.1), as amended.

2. City Manager, Public Works Director, Community Development Director are authorized to execute and file all certifications of assurances, contracts or agreements or any other document required by the Department.

3. City Manager, Public Works Director, Community Development Director are authorized to provide additional information as the Department may require in connection with the application for the Section 5311 projects.

4. City Manager, Public Works Director, Community Development Director are authorized to submit and approve request for reimbursement of funds from the Department for the Section

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5311 project(s).

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

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Certifications and Assurances Fiscal Year 2024
1 CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT.

All applicants must make the certifications in this category.

1.1. Standard Assurances.

This certification appears on the Office of Management and Budget’s standard form 424B “Assurances—Non-Construction Programs”. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations.

As the duly authorized representative of the applicant, you certify that the applicant:
(a) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application.
(b) Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.
(c) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
(d) Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
(e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728– 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). (f) Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin, as effectuated by U.S.

DOT regulation 49 C.F.R. Part 21;
(2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681– 1683, and 1685–1686), which prohibits discrimination on the basis of sex, as effectuated by U.S. DOT regulation 49 C.F.R. Part 25;
(3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in, denied a benefit of, or discriminated

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2 against under, a project, program, or activity receiving financial assistance from FTA because of race, color, religion, national origin, sex, disability, or age. (4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S.

DOT regulation 49 C.F.R. Part 27;
(5) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101–6107), which prohibits discrimination on the basis of age;
(6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91–616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (10) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and,
(11) the requirements of any other nondiscrimination statute(s) which may apply to the application.
(g) Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”) (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 C.F.R. Part 24. (h) Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. (i) Will comply, as applicable, with the provisions of the Davis–Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327–333), regarding labor standards for federally assisted construction subagreements. (j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.

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3 (k) Will comply with environmental standards which may be prescribed pursuant to the following:
(1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514;
(2) Notification of violating facilities pursuant to EO 11738; (3) Protection of wetlands pursuant to EO 11990;
(4) Evaluation of flood hazards in floodplains in accordance with EO 11988; (5) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.);
(6) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.);
(7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and
(8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93–205).
(l) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
(m) Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). (n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance.
(p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
(q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R. Part 200, Subpart F, “Audit Requirements”, as adopted and implemented by U.S. DOT at 2 C.F.R. Part 1201. (r) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing the program under which it is applying for assistance.

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4 (s) Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a sub-recipient from:
(1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procuring a commercial sex act during the period of time that the award is in effect; or
(3) Using forced labor in the performance of the award or subawards under the award.

1.2. Standard Assurances: Additional Assurances for Construction Projects.

This certification appears on the Office of Management and Budget’s standard form 424D “Assurances—Construction Programs” and applies specifically to federally assisted projects for construction. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations.

As the duly authorized representative of the applicant, you certify that the applicant:
(a) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. (c) Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work confirms with the approved plans and specifications, and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

1.3. Procurement.

The Uniform Administrative Requirements, 2 C.F.R. 200.324, allow a recipient to self-certify that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews.

The applicant certifies that its procurement system complies with:
(a) U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 C.F.R. Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost

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5 Principles, and Audit Requirements for Federal Awards,” 2 C.F.R. Part 200, particularly 2 C.F.R. §§ 200.317–200.326 “Procurement Standards;
(b) Federal laws, regulations, and requirements applicable to FTA procurements; and (c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance.

1.4. Suspension and Debarment.

Pursuant to Executive Order 12549, as implemented at 2 C.F.R. Parts 180 and 1200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification from each applicant regarding the applicant’s exclusion status. 2 C.F.R. § 180.300. Additionally, each applicant must disclose any information required by 2 C.F.R. § 180.335 about the applicant and the applicant’s principals prior to entering into an award agreement with FTA. This certification serves both purposes.

The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its principals:
(a) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency;
(b) Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;
(c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph (b) of this certification;
(d) Has not, within the preceding three years, had one or more public transactions(Federal, State, or local) terminated for cause or default.

CATEGORY 2. TAX LIABILITY AND FELONY CONVICTIONS.

Federal appropriations acts since at least 2014 have prohibited FTA from using funds to enter into an agreement with any corporation that has unpaid Federal tax liabilities or recent felony convictions without first considering the corporation for debarment. As prescribed by U.S. DOT Order 4200.6, FTA requires each applicant to certify as to its tax and felony status.

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6 If the applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the applicant certifies that:
(a) It has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(b) It has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months.

CATEGORY 3. LOBBYING.

If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities.

This certification is required by 49 C.F.R. § 20.110 and app. A to that part.

This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt from the requirements of 49 C.F.R. Part 20.

3.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements.

The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipientsshall certify and disclose accordingly.

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

3.2. Statement for Loan Guarantees and Loan Insurance.

The undersigned states, to the best of his or her knowledge and belief, that:

If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

CATEGORY 4. PRIVATE SECTOR PROTECTIONS.

If the applicant will apply for funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector.

4.1. Charter Service Agreement.

To enforce the provisions of 49 U.S.C. § 5323(d), FTA’s charter service regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following Charter Service Agreement. 49 C.F.R. § 604.4.

The applicant agrees that it, and each of its subrecipients, and third party contractors at any level who use FTA-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 C.F.R. Part 604, the terms and conditions of which are incorporated herein by reference.

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8 4.2. School Bus Agreement.

To enforce the provisions of 49 U.S.C. § 5323(f), FTA’s school bus regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 C.F.R. § 605.15.
(a) If the applicant is not authorized by the FTA Administrator under 49 C.F.R. § 605.11 to engage in school bus operations, the applicant agrees and certifies as follows:
(1) The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)).
(b) If the applicant is authorized or obtains authorization from the FTA Administrator to engage in school bus operations under 49 C.F.R. § 605.11, the applicant agrees as follows:
(1) The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein.
(2) The applicant, or any operator of project equipment, agrees to promptly notify the FTA Administrator of any changes in its operations which might jeopardize the continuation of an exemption under § 605.11.
(3) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)).
(4) The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public.

CATEGORY 5. TRANSIT ASSET MANAGEMENT PLAN.

If the applicant owns, operates, or manages capital assets used to provide public transportation, the following certification is required by 49 U.S.C. § 5326(a).

The applicant certifies that it has, or will develop, a transit asset management plan in compliance with 49 C.F.R. Part 625.

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9 CATEGORY 6. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING.

6.1. Rolling Stock Buy America Reviews.

If the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this certification. This certification is required by 49 C.F.R. § 663.7.

The applicant certifies that it will conduct or cause to be conducted the pre-award and postdelivery audits prescribed by 49 C.F.R. Part 663 and will maintain on file the certifications required by Subparts B, C, and D of 49 C.F.R. Part 663.

6.2. Bus Testing.

If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in configuration or components, the applicant must make this certification. This certification is required by 49 C.F.R. § 665.7.

The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus received a passing test score as required by 49 C.F.R. Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle.

CATEGORY 7. URBANIZED AREA FORMULA GRANTS PROGRAM.

If the applicant will apply for an award under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), or any other program or award that is subject to the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310); “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) (23 U.S.C. §§ 601–609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. § 5323(o)); formula awards or competitive awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5307(c)(1).

The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program;
(b) Has or will have satisfactory continuing control over the use of equipment and facilities;

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10 (c) Will maintain equipment and facilities in accordance with the applicant’s transit asset management plan;
(d) Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any—
(1) Senior;
(2) Individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and
(3) Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.); (e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C. §§ 5323 (general provisions) and 5325 (contract requirements); (f) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); (g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d) (cost sharing);
(h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning); (i) Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; (j) Either—
(1) Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C. § 5336; or
(2) Has decided that the expenditure for security projects is not necessary; (k) In the case of an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for associated transit improvements as defined in 49 U.S.C. § 5302; and (l) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan).

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11 CATEGORY 8. FORMULA GRANTS FOR RURAL AREAS.

If the applicant will apply for funds made available to it under the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 U.S.C. § 5310(b)(2)(C).

Paragraph (b) of this certification is required by 49 U.S.C. § 5311(f)(2). Paragraph (c) of this certification, which applies to funds apportioned for the Appalachian Development Public Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C. § 5311(c)(2)(D).
(a) The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service— (1) Provides a fair distribution of amounts in the State, including Indian reservations; and
(2) Provides the maximum feasible coordination of public transportation service assisted under 49 U.S.C. § 5311 with transportation service assisted by other Federal sources; and
(b) If the applicant will in any fiscal year expend less than 15% of the total amount made available to it under 49 U.S.C. § 5311 to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected intercity bus service providers, and the intercity bus service needs of the State are being met adequately.
(c) If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that— (1) It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and
(2) It has determined that otherwise eligible local transit needs are being addressed.

CATEGORY 9. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE

EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM.

If the applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act’s Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A, title III, § 3005(b)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III, § 3005(b)(3)(B).

The applicant certifies that it:

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12 (a) Has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award, (b) Has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award.
(c) Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and
(d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning).

CATEGORY 10. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS.

If the applicant is in an urbanized area and will apply for an award under subsection (a) (formula grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(a)(3) and (b)(6), respectively.

If the applicant is in a rural area and will apply for an award under subsection (a) (formula grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8 for Formula Grants for Rural Areas (49 U.S.C. § 5311). This certification is required by 49 U.S.C. § 5339(a)(3) and (b)(6), respectively.

If the applicant, regardless of whether it is in an urbanized or rural area, will apply for an award under subsection (c) (low or no emission vehicle grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(c)(3).

Making this certification will incorporate by reference the applicable certifications in Category 7 or Category 8.

CATEGORY 11. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS.

If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the certification in Category 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5310(e)(1). Making this certification will incorporate by reference the certification in Category 7, except that FTA has determined that (d), (f), (i), (j), and (k) of Category 7 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced.

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13 In addition to the certification in Category 7, the applicant must make the following certification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2).

The applicant certifies that:
(a) The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan;
(b) The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public;
(c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and
(d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it will do so on a fair and equitable basis.

CATEGORY 12. STATE OF GOOD REPAIR GRANTS.

If the applicant will apply for an award under FTA’s State of Good Repair Grants Program (49 U.S.C. § 5337), it must make the following certification. Because FTA generally does not review the transit asset management plans of public transportation providers, this certification is necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4).

The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant’s most recent transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 C.F.R. Part 625.

CATEGORY 13. INFRASTRUCTURE FINANCE PROGRAMS.

If the applicant will apply for an award for a project that will include assistance under the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) Program (23 U.S.C. §§ 601–609) or the State Infrastructure Banks (“SIB”) Program (23 U.S.C. § 610), it must make the certifications in Category 7 for the Urbanized Area Formula Grants Program, Category 9 for the Fixed Guideway Capital Investment Grants program, and Category 12 for the State of Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(o).

Making this certification will incorporate the certifications in Categories 7, 9, and 12 by reference.

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14 CATEGORY 14. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

If the applicant will apply for an award under FTA’s Urbanized Area Formula Grants Program (49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This certification is required by 49 C.F.R. § 655.83.

The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA’s regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 C.F.R. Part 655.

CATEGORY 15. RAIL SAFETY TRAINING AND OVERSIGHT.

If the applicant is a State with at least one rail fixed guideway system, or is a State Safety Oversight Agency, or operates a rail fixed guideway system, it must make the following certification. The elements of this certification are required by 49 C.F.R. §§ 659.43, 672.31, and 674.39.

The applicant certifies that the rail fixed guideway public transportation system and the State Safety Oversight Agency for the State are:
(a) Compliant with the requirements of 49 C.F.R. part 659, “Rail Fixed Guideway Systems; State Safety Oversight”;
(b) Compliant with the requirements of 49 C.F.R. part 672, “Public Transportation Safety Certification Training Program”; and
(c) Compliant with the requirements of 49 C.F.R. part 674, “Sate Safety Oversight”.

CATEGORY 16. DEMAND RESPONSIVE SERVICE.

If the applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 C.F.R. Part 37, it must make the following certification. This certification is required by 49 C.F.R. § 37.77.

The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system, when viewed in its entirety, is deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics:
(a) Response time;

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Certifications and Assurances Fiscal Year 2024
15 (b) Fares;
(c) Geographic area of service;
(d) Hours and days of service;
(e) Restrictions or priorities based on trip purpose;
(f) Availability of information and reservation capability; and (g) Any constraints on capacity or service availability.

CATEGORY 17. INTEREST AND FINANCING COSTS.

If the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the following certification. This certification is required by 49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D).

The applicant certifies that:
(a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and
(b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing.

CATEGORY 18. CONSTRUCTION HIRING PREFERENCES.

If the applicant will ask FTA to approve the use of geographic, economic, or any other hiring preference not otherwise authorized by law on any contract or construction project to be assisted with an award from FTA, it must make the following certification. This certification is required by the Consolidated Appropriations Act, 2019, Pub. L. 116-6, div. G, title I, § 191.

The applicant certifies the following:
(a) That except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work that the contract requires resides in the jurisdiction; (b) That the applicant will include appropriate provisions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and

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Certifications and Assurances Fiscal Year 2024
16 (c) That any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program.

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FTA FISCAL YEAR 2024 CERTIFICATIONS AND ASSURANCES
FEDERAL FISCAL YEAR 2024 CERTIFICATIONS AND ASSURANCES FOR FTA

ASSISTANCE PROGRAMS
(Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant: City of McFarland
The Applicant certifies to the applicable provisions of categories 01–18. _ Or,
The Applicant certifies to the applicable provisions of the categories it has selected:

Category Certification
01 Certifications and Assurances Required of Every Applicant 02 Tax Liability and Felony Convictions
03 Lobbying
04 Private Sector Protections
05 Transit Asset Management Plan
06 Rolling Stock Buy America Reviews and Bus Testing
07 Urbanized Area Formula Grants Program
08 Formula Grants for Rural Areas
09 F
P
ixed Guideway Capital Investment Grants and the Expedited roject Delivery for Capital Investment Grants Pilot Program 10 G
V
rants for Buses and Bus Facilities and Low or No Emission ehicle Deployment Grant Programs
11 E
P
nhanced Mobility of Seniors and Individuals with Disabilities rograms
12 State of Good Repair Grants
13 Infrastructure Finance Programs
14 Alcohol and Controlled Substances Testing
15 Rail Safety Training and Oversight
16 Demand Responsive Service
17 Interest and Financing Costs
18 Construction Hiring Preferences

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FEDERAL FISCAL YEAR 2024 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE
(Required of all Applicants for federal assistance to be awarded by FTA in FY 2024)

AFFIRMATION OF APPLICANT
Name of the Applicant: City of McFarland
BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in federal fiscal year 2024, irrespective of whether the individual that acted on his or her Applicant’s behalf continues to represent it.

FTA intends that the Certifications and Assurances the Applicant selects on the other side of this document should apply to each Award for which it now seeks, or may later seek federal assistance to be awarded during federal fiscal year 2024.

The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate.

Signature Date:

Name Diego Viramontes Authorized Representative of Applicant AFFIRMATION OF APPLICANT’S ATTORNEY
For (Name of Applicant):

As the undersigned Attorney for the above-named Applicant, I hereby affirm to the Applicant that it has authority under state, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it.

I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA assisted Award.

Signature Date:

Name Nathan Hodges Attorney for Applicant
Each Applicant for federal assistance to be awarded by FTA must provide an Affirmation of Applicant’s Attorney pertaining to the Applicant’s legal capacity. The Applicant may enter its electronic signature in lieu of the Attorney’s signature within TrAMS, provided the Applicant has on file and uploaded to TrAMS this hard-copy Affirmation, signed by the attorney and dated this federal fiscal year.

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City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 7.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: April 25, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Yerlys Hernandez , Public Works Director
SUBJECT: APPROVAL OF RESOLUTION NO. 2024-53 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND TO ACCEPT THE BID
SUBMITTED BY CEN-CAL CONSTRUCTION FOR THE HSIP CYCLE 10 -

PEDESTRIAN SAFETY IMPROVEMENTS - VARIOUS LOCATIONS - HSIPSL 5343 (018) PROJECT IN THE AMOUNT OF $149,146.99 AND AUTHORIZING

THE CITY MANAGER TO SIGN AND EXECUTE THE CONSTRUCTION
AGREEMENT, ALLOCATE FUNDS FOR THE BASE BID AND BID OPTION 1, AND UP TO $44,446.01 FOR CONTINGENCY, CONSTRUCTION
MANAGEMENT AND MATERIALS SAMPLING & TESTING.

SUMMARY:

The City of McFarland was allotted $205,200 in State funds for Construction under the Highway Safety Improvement Program (HSIP) grant. These HSIP funds are being used for the Pedestrian Safety Improvements project at various locations. The project will provide for the retrofit of curbs and gutters, sidewalks and a curb ramp, installation of high visibility crosswalks, and will upgrade pedestrian signs, striping, and pavement markings at various locations. See attached site map.

On March 21, 2024 at 2:15 PM. sealed bids were opened for this project. A total of two (2) bids were received and opened by the City Clerk. The following is the tabulation of the bids received:

Bidder Base Bid Bid Option 1 Bid Option 2
Cen-Cal Construction $132,363.69 $16,783.30 $50,853.00
DOD Construction LTD $170,873.00 $25,656.00 $47,400.00
The Project Engineer (BHT Engineering, Inc.) has reviewed and qualified the lowest responsible bidder, Cen-Cal Construction. See attached Low Bid Analysis. The City is allowing 30 working days for the contractor to complete the project.

FINANCIAL IMPACT:

The total estimated cost of the construction phase of this project is $193,593, which will be fully funded by the HSIP Grant.

RECOMMENDATION:

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Staff recommends City Council approve Resolution No. 2024-53 accepting the lowest responsive and responsible Based Bid and Bid Option 1, award the project and to execute a construction agreement with Cen-Cal Construction in the amount of $149,146.99 for the HSIP Cycle 10 - Pedestrian Safety Improvements - Various Locations - HSIPSL 5343 (018) Project and authorize the City Manager to execute the construction agreement.

Additionally, Staff recommends the approval in the amount of $14,915.01 for Construction Contingencies and $29,531.00 for Construction Management and Materials Sampling & Testing; crucial to the successful completion of the project. These funds will be utilized for unforeseen work that may arise during the construction process which was unforeseen at the time of bidding and for Construction Management/Observation to further guarantee that the City and its residents receive a quality product acceptable in quality, nature, and construction method.

ATTACHMENTS:

1. Bid Summary McFARLAND - 5343-018 - HSIP Cycle 10 -

2. Construction Agreement-McFarland HSIP Cycle 10 - DRAFT

3. McFarland - HSIP CYCLE 10 - Re-Bid PLANS - As-Bid

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RESOLUTION NO. 2024-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND TO ACCEPT THE BID SUBMITTED BY CEN-CAL CONSTRUCTION FOR THE HSIP CYCLE 10 - PEDESTRIAN SAFETY IMPROVEMENTS - VARIOUS LOCATIONS - HSIPSL 5343 (018) PROJECT IN THE AMOUNT OF $149,146.99 AND AUTHORIZING THE CITY MANAGER

TO SIGN AND EXECUTE THE CONSTRUCTION AGREEMENT, ALLOCATE FUNDS FOR THE BASE BID AND BID OPTION 1, AND UP TO $44,446.01 FOR CONTINGENCY,

CONSTRUCTION MANAGEMENT AND MATERIALS SAMPLING & TESTING WHEREAS, The bids were reviewed and analyzed by the engineering firm BHT Engineering, Inc., for a recommendation of the lowest responsible and responsive bidder. Cen-Cal Construction with a base bid of $132,363.69 and a bid option 1 of $16,783.30 was recommended as the lowest responsive and responsible bidder; and
WHEREAS, an amount of $44,446.01 is needed for construction contingencies and Construction Management and Materials Sampling and Testing; and, WHEREAS, the City Council of the City of McFarland agrees to the terms and conditions of the proposed construction agreement; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The foregoing recitals are true and correct and incorporated herein as if set forth in full.

2. Authorizes the award of a Construction Agreement to Cen-Cal Construction, for the HSIP Cycle 10 - Pedestrian Safety Improvements - Various Locations - HSIPSL 5343 (018) Project, in the Amount of $149,146.99 – Base Bid plus Bid Option 1.

3. Authorizes the City Manager to execute the Construction Agreement.

4. Allocates funds of $44,446.01 which includes $14,915.01 for the 10% contingency; and up to $29,531.00 for Construction Management and Materials Sampling and Testing.

5. The City Clerk shall certify to the passage and adoption of this resolution.

6. This resolution is effective immediately.

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

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Ricardo Cano
Amador Ayon
Anita Gonzalez
María T. Pérez

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BHT ENGINEERING, INC.

Civil Engineering & Construction Management
218 S. “H” Street, Ste. 201
Bakersfield, CA 93304
(661) 558-4641
T:\6-McFARLAND\DOC\2021 Projects\21605 - HSIP Cycle 10\BIDDING PHASE - RE-BID\Low Bid Review\McFARLAND - 5343-018 - HSIP Cycle 10 - Low Bid Analysis.doc

Page 1 of 2 ends

Memorandum
Transmitted by email on 03/29/24
[email protected]
TO: Yerlys Hernandez
City of McFarland, Public Works Director
401 W. Kern Ave.

McFarland, CA 93250
FROM: Juan M. Pantoja
Project Manager / Engineer
DATE: March 29, 2024
SUBJECT: Low Bid Analysis for the HSIP Cycle 10 - Pedestrian Safety Improvements - Various Locations - HSIPSL 5343 (018)
A. The City of McFarland received a total of TWO (2) bids for the subject project. Bids were opened on March 21, 2024 at 2:15 pm, by the City Clerk, Francisca Alvarado. Bids ranged from a low of $132,363.69 to a high of $170,873.00 (Base Bid Amount) and from a low of $16,783.30 to a high of $25,656.00 (Bid Option 1), and from a low of $47,400 to a high of $50,853.00 (Bid Option 2). The average base bid was $151,618.35. The following bids were received:

Bidder Base Bid Bid Option 1 Bid Option 2
Cen-Cal Construction $132,363.69 $16,783.30 $50,853.00
DOD Construction LTD $170,873.00 $25,656.00 $47,400.00
Cen-Cal Construction submitted the low Base Bid of $132,363.69, which was about 18% lower than the engineer's estimate of $162,261.96. The highest bid of $170,873.00 was about 5% higher than the engineer’s estimate.

B. BHT Engineering, Inc. proceeded to review lowest bidder Cen-Cal Construction and verified the bidder's proposal as follows:

1. The low bidder submitted the proposal on the required forms and provided all requested information.

2. The low bidder computed the total amount bid and extended amounts correctly.

3. BHT Staff verified with the State Contractor’s License Board (http://www.cslb.ca.gov/) and the California Department of Industrial Relations (Registrations (salesforce-sites.com) that the low bidder and all subcontractors hold current and active State Contractor’s Licenses and are registered with the DIR, as follows:

Contractor Name License No. &
Class
License Expiration
Date DIR Regis. No.

J.L. Plank Inc. dba Cen-Cal Construction 962895
A, C13 06/30/2024 1000001026
California Grinding Specialties, Inc, dba
Austin Enterprise
764893
A, C61, D06 06/30/2025 1000001896
Harker Striping and Signage 615222
C32 04/30/2025 1000004812
Griffith Company
88 A, B, C8, C12,
C27, C31, C22
09/30/2024 1000005611

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T:\6-McFARLAND\DOC\2021 Projects\21605 - HSIP Cycle 10\BIDDING PHASE - RE-BID\Low Bid Review\McFARLAND - 5343-018 - HSIP Cycle 10 - Low Bid Analysis.doc Page 2 of 2

4. BHT Engineering, Inc. verified that the low bidder’s Workers' Compensation Insurance coverage is current.

5. A proposal guarantee accompanied the proposal in the form of a Bid Bond totaling ten percent (10%) of the bid. The low bidder signed and properly notarized the Bid Bond. The surety agent is Developers Surety and Indemnity Company.

6. BHT Staff verified through the State Department of Insurance website (https://interactive.web.insurance.ca.gov/companyprofile/companyprofile) that the Bonding Company, Developers Surety and Indemnity Company, is an admitted surety in the State of California.

7. BHT Engineering, Inc. verified that neither the low bidder nor any of its key personnel appear on the Federal or State debarment lists (https://www.sam.gov/SAM/; https://www.dir.ca.gov/dlse/debar.html)

8. The low bidder has successfully completed several recent projects in Southern California, including several projects here in McFarland, both as a prime contractor and as a subcontractor.

C. Recommendation of Award:

Cen-Cal Construction is the lowest responsive bidder based on the stated basis of award. If a construction contract is awarded, it is recommended that the contract be awarded to Cen-Cal Construction.

Attachments: Bid Summary
Bid Opening Checklist
Contractor’s License verification
Contractor and Subcontractor’s (DIR) Registration number Bonding Company Information
System for Award Management (SAM) report
DLSE Debarments list

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BHT Job # 21605
BID OPENING: MARCH 2, 2024 @ 2:15 PMTWO (2) BIDS TOTAL RECEIVED.

ITEM UNIT OF EST. UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. MEASURE QNTY. COST COST COST COST COST COST
1 SITE DEMOLITION, CUT & HAUL-OFF EXCESS MATERIALS L.S. 1 25,000.00 $ 25,000.00 $ 29,341.80 $ 29,341.80 $ 40,000.00 $ 40,000.00 $ 2 MINOR HOT MIX ASPHALT - INCLUDES ALL WORK FOR GRIND & OVERLAY, PAVEMENT TIE-IN, APPLY FOG SEAL TON 22 900.00 $ 19,800.00 $ 884.00 $ 19,448.00 $ 700.00 $ 15,400.00 $ 3 SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 90% FOR ALL CONCRETE WORK C.Y. 43 220.00 $ 9,460.00 $ 184.00 $ 7,912.00 $ 60.00 $ 2,580.00 $ 4 INSTALL ADA CURB RAMP EA. 1 5,000.00 $ 5,000.00 $ 3,673.99 $ 3,673.99 $ 8,500.00 $ 8,500.00 $ 5 INSTALL CURB & GUTTER - MATCH EXISTING L.F. 114 100.70 $ 11,479.80 $ 48.75 $ 5,557.50 $ 100.00 $ 11,400.00 $ 6 INSTALL SIDEWALK - 4" THICK CONC. S.F. 421 25.00 $ 10,525.00 $ 9.75 $ 4,104.75 $ 12.00 $ 5,052.00 $ 7 INSTALL TRECH DRAIN L.F. 10 800.00 $ 8,000.00 $ 773.00 $ 7,730.00 $ 800.00 $ 8,000.00 $ 8 INSTALL CONCRETE CHANNEL L.F. 19 120.70 $ 2,293.30 $ 289.00 $ 5,491.00 $ 500.00 $ 9,500.00 $ 9 REMOVE EXISTING STRIPING L.F. 421 6.35 $ 2,673.35 $ 5.95 $ 2,504.95 $ 6.50 $ 2,736.50 $ 10 INSTALL 6" YELLOW CENTERLINE - DETAIL 21 - 2 COAT PAINT L.F. 30 20.00 $ 600.00 $ 18.70 $ 561.00 $ 20.00 $ 600.00 $ 11 INSTALL 12" "WHITE" CROSSWALK LINE - THERMOPLASTIC L.F. 272 6.28 $ 1,706.80 $ 4.65 $ 1,264.80 $ 5.50 $ 1,496.00 $ 12 INSTALL 12" "YELLOW" CROSSWALK LINE - THERMOPLASTIC L.F. 171 6.28 $ 1,073.88 $ 4.65 $ 795.15 $ 5.50 $ 940.50 $ 13 INSTALL 24" "WHITE" CROSSWALK LINE - THERMOPLASTIC L.F. 231 9.55 $ 2,206.05 $ 9.35 $ 2,159.85 $ 10.00 $ 2,310.00 $ 14 INSTALL 24" "YELLOW" CROSSWALK LINE - THERMOPLASTIC L.F. 154 10.55 $ 1,624.70 $ 9.35 $ 1,439.90 $ 10.00 $ 1,540.00 $ 15 INSTALL "WHITE" THERMOPLASTIC PAVEMENT MARKINGS S.F. 336 21.53 $ 7,234.08 $ 16.35 $ 5,493.60 $ 16.50 $ 5,544.00 $ 16 INSTALL "YELLOW" THERMOPLASTIC PAVEMENT MARKINGS S.F. 316 23.45 $ 7,410.20 $ 16.35 $ 5,166.60 $ 16.50 $ 5,214.00 $ 17 RE-PAINT PARKING STALLS - 4" WHITE STRIPE - 2-COAT PAINT L.F. 22 3.65 $ 80.30 $ 28.40 $ 624.80 $ 30.00 $ 660.00 $ 18 FURNISH AND INSTALL W11-2 SIGN (36"X36") EA. 8 612.50 $ 4,900.00 $ 584.00 $ 4,672.00 $ 600.00 $ 4,800.00 $ 19 FURNISH AND INSTALL W16-7P SIGN (24"X12") EA. 4 134.13 $ 536.50 $ 146.00 $ 584.00 $ 300.00 $ 1,200.00 $ 20 FURNISH AND INSTALL W16-9P SIGN (24"X12") EA. 4 134.13 $ 536.50 $ 146.00 $ 584.00 $ 300.00 $ 1,200.00 $ 21 FURNISH AND INSTALL SW24-2(CA) SIGN (36"X48") EA. 4 612.50 $ 2,450.00 $ 700.00 $ 2,800.00 $ 700.00 $ 2,800.00 $ 22 FURNISH AND INSTALL SW24-3(CA) SIGN (36"X48") EA. 2 612.50 $ 1,225.00 $ 700.00 $ 1,400.00 $ 700.00 $ 1,400.00 $ 23 FURNISH AND INSTALL R1-5 SIGN (36"X36") EA. 8 612.50 $ 4,900.00 $ 584.00 $ 4,672.00 $ 600.00 $ 4,800.00 $ 24 REMOVE/RELOCATED/ADJUST SIGNS EA. 3 345.50 $ 1,036.50 $ 333.00 $ 999.00 $ 400.00 $ 1,200.00 $ 25 MODIFY/ADJUST/REPLACED EXISTING IRRIGATION SYSTEM, TO ALLOW FOR NEW WORK - IN-KIND L.F. 30 162.00 $ 4,860.00 $ 122.00 $ 3,660.00 $ 300.00 $ 9,000.00 $ 26 PREPARE AND IMPLEMENT EROSION CONTROL PLAN L.S. 1 4,750.00 $ 4,750.00 $ 3,433.00 $ 3,433.00 $ 3,000.00 $ 3,000.00 $ 27 TEMPORARY TRAFFIC CONTROL L.S. 1 20,900.00 $ 20,900.00 $ 6,290.00 $ 6,290.00 $ 20,000.00 $ 20,000.00 $ TOTAL BASE BID: 162,261.96 $ $ 170,873.00 132,363.69 $
BID OPTION 1
28 APPLY SLURRY SEAL TYPE II S.F. 2,138 12.19 $ 26,051.53 $ 7.85 $ 16,783.30 $ 12.00 $ 25,656.00 $ Bid Option 1 Subtotal: 26,051.53 $ 16,783.30 $ 25,656.00 $ BID OPTION 2
29 FURNISH AND INSTALL COMPLETE IN PLACE: IN-ROADWAY WARNING LIGHTED CROSSWALK SYSTEM - SOLAR POWERED EA. 1 63,767.50 $ 63,767.50 $ 49,919.00 $ 49,919.00 $ 45,000.00 $ 45,000.00 $ 30 FURNISH AND INSTALL W11-2 SIGN (36"X36") EA. 2 650.00 $ 1,300.00 $ 292.00 $ 584.00 $ 600.00 $ 1,200.00 $ 31 FURNISH AND INSTALL W16-7P SIGN (24"X12") EA. 2 150.00 $ 300.00 $ 175.00 $ 350.00 $ 600.00 $ 1,200.00 $ Date Updated: 03/21/24. By: JMP Bid Option 2 Subtotal: 65,367.50 $ 50,853.00 $ 47,400.00 $

BASE BID
12 ITEM DESCRIPTION

CITY OF MCFARLAND - BID SUMMARY
HSIP CYCLE 10 - VARIOUS LOCATIONS - HSIPSL - 5343 (018) Engineer's Estimate
Cen‐Cal Construction
Bakersfield, CA (661) 399‐3759
Lic No. 962895
DOD Construction
Bakersfield, CA (661) 366‐8000
Lic No. 624970

Page 1 of 1 ends

Page 92 of 178 ends

Data current as of 3/28/2024 4:10:15 PM
Home | Online Services | License Details
Contractor's License Detail for License # 962895
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

J L PLANK INCORPORATED

DBA CEN-CAL CONSTRUCTION
34762 LENCIONI AVE
BAKERSFIELD, CA 93308
Business Phone Number:(661) 399-3759
Entity Corporation
Issue Date 07/06/2011
Reissue Date 06/18/2012
Expire Date 06/30/2024
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.

Bond Number: 100191822
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual JASON LEE PLANK certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 07/08/2022
BQI's Bond History
Workers' Compensation
This license has workers compensation insurance with the INSURANCE COMPANY OF THE WEST Policy Number:WSD5056712
Effective Date: 08/16/2022
Expire Date: 08/16/2024
Workers' Compensation History
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  A - GENERAL ENGINEERING
 C13 - FENCING
Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification

Page 93 of 178 ends

Data current as of 3/28/2024 4:12:29 PM
Home | Online Services | License Details
Contractor's License Detail for License # 764893
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

CALIFORNIA GRINDING SPECIALTIES INC
dba AUSTIN ENTERPRISE
P O BOX 81926
BAKERSFIELD, CA 93380
Business Phone Number:(661) 589-1001
Entity Corporation
Issue Date 06/24/1999
Expire Date 06/30/2025
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with NATIONWIDE MUTUAL INSURANCE COMPANY.

Bond Number: BD711326
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
Workers' Compensation
This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9123628
Effective Date: 02/01/2015
Expire Date: 02/01/2025
Workers' Compensation History
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  C-61 / D06 - CONCRETE RELATED SERVICES
 A - GENERAL ENGINEERING
This license filed Bond of Qualifying Individual number BD711329 for TYRONE FREDRICK CONNER in the amount of $25,000 with NATIONWIDE MUTUAL INSURANCE COMPANY.

Effective Date: 01/01/2023
BQI's Bond History

The qualifying individual PATRICIA MARY AUSTIN certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 06/24/1999


Page 94 of 178 ends

Data current as of 3/28/2024 4:14:19 PM
Home | Online Services | License Details
Contractor's License Detail for License # 88
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

GRIFFITH COMPANY
3050 E BIRCH ST
BREA, CA 92821
Business Phone Number:(714) 984-5500
Entity Corporation
Issue Date 09/24/1929
Reissue Date 09/01/2000
Expire Date 09/30/2024
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Certifications
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  A - GENERAL ENGINEERING
 B - GENERAL BUILDING
 C-8 - CONCRETE
 C12 - EARTHWORK AND PAVING
 C27 - LANDSCAPING
 C31 - CONSTRUCTION ZONE TRAFFIC CONTROL
 C22 - ASBESTOS ABATEMENT (Check DOSH Asbestos Registration)  HAZ - HAZARDOUS SUBSTANCES REMOVAL

Page 95 of 178 ends

Bond Number: 24047106
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
Workers' Compensation
This license has workers compensation insurance with the ARCH INSURANCE COMPANY Policy Number:ZAWCI9770000
Effective Date: 12/31/2023
Expire Date: 07/01/2024
Workers' Compensation History
Miscellaneous Information
Other
This license filed Bond of Qualifying Individual number 24236776 for JAIMIE ROBERT ANGUS in the amount of $25,000 with LIBERTY MUTUAL INSURANCE COMPANY.

Effective Date: 01/01/2023
BQI's Bond History

This license filed Bond of Qualifying Individual number 024258763 for RYAN JOSEPH AUKERMAN in the amount of $25,000 with LIBERTY MUTUAL INSURANCE COMPANY.

Effective Date: 01/01/2023
BQI's Bond History

This license filed Bond of Qualifying Individual number 024267741 for MARTIN MICHAEL CARPENTER JR in the amount of $25,000 with LIBERTY MUTUAL INSURANCE COMPANY.

Effective Date: 04/10/2023

 03/09/2022 - DOSH REGISTRATION VERIFIED FOR C22
 03/09/2022 - C22 NOT VALID 03/03/22 TO 03/08/22
 08/12/2022 - DOSH REGISTRATION VERIFIED FOR C22
 08/22/2022 - DOSH REGISTRATION VERIFIED FOR C22
 08/02/2023 - DOSH REGISTRATION VERIFIED FOR C22
 Personnel listed on this license (current or disassociated) are listed on other licenses.

Page 96 of 178 ends

Data current as of 3/28/2024 4:13:35 PM
Home | Online Services | License Details
Contractor's License Detail for License # 615222
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

HARKER INC

DBA HARKER STRIPING & SIGNAGE
16010 TRADITION CT
BAKERSFIELD, CA 93314
Business Phone Number:(661) 589-1810
Entity Corporation
Issue Date 03/16/1991
Reissue Date 04/27/1993
Expire Date 04/30/2025
License Status
This license is current and active.

All information below should be reviewed.

Classifications
C32 - PARKING AND HIGHWAY IMPROVEMENT
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.

Bond Number: SC401238
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual NICHOLAS MICHAEL HARKER certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 06/01/2005
Workers' Compensation
This license has workers compensation insurance with the OAK RIVER INSURANCE COMPANY Policy Number:HARC423178
Effective Date: 10/01/2023
Expire Date: 10/01/2024
Workers' Compensation History
Miscellaneous Information
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  04/28/1993 - LICENSE REISSUED TO ANOTHER ENTITY
Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification

Page 97 of 178 ends

Registration
Number Legal Entity Name Registration Start Date Registration Expiration Date Status DBA Name Craft Name 1000001026 J. L. PLANK INC. 7/1/22 6/30/25 Active CEN‐CAL CONSTRUCTION Cement Mason,Laborer,Parking/Highway/Improvement,Operating Engineer,General Engineering 1000004812 HARKER INC 7/1/21 6/30/24 Active HARKER STRIPING AND SIGNAGE Parking/Highway/Improvement 1000001896
CALIFORNIA GRINDINGSPECIALTIES, INC 7/1/22 6/30/25 Active AUSTIN ENTERPRISE Laborer 1000005611 GRIFFITH COMPANY 7/1/22 6/30/24 Active
Landscape,Carpenter,CementMason,Laborer,Parking/Highway/Improvement,OperatingEngineer,General Engineering

Page 98 of 178 ends

3/28/24, 4:18 PM Company Profile
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=100170 1/1

COMPANY PROFILE
Company Information

DEVELOPERS SURETY AND INDEMNITY COMPANY
P.O. BOX 19725
IRVINE, CA 92623-9725
Old Company Names Effective Date
Agent For Service
William Huser
7801 Folsom Blvd.

Suite 202
Sacramento CA 95826
Reference Information
NAIC #: 12718
California Company ID #: 4606-0
Date Authorized in California: 08/30/1999
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: CALIFORNIA
back to top
NAIC Group List
NAIC Group #: 2538 AmTrust Financial Serv Grp
Lines Of Business
The company is authorized to transact business within these lines of insurance.

For an explanation of any of these terms, please refer to the glossary.

AIRCRAFT

AUTOMOBILE

BOILER AND MACHINERY

BURGLARY

COMMON CARRIER LIABILITY
CREDIT

DISABILITY
FIRE

LEGAL INSURANCE

LIABILITY
MARINE

MISCELLANEOUS

PLATE GLASS

SPRINKLER
SURETY

TEAM AND VEHICLE

WORKERS' COMPENSATION
back to top
Company Profile
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Results
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Information
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Agent for Service
Reference
Information
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Action/Appeals
Contact Information
Financial Statements
PDF's
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Statements
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Company
Performance &
Comparison Data
Company
Enforcement Action
Composite
Complaints Studies
Additional Info
Find A Company
Representative In
Your Area
View Financial
Disclaimer
© 2008 California Department of Insurance

Page 99 of 178 ends

An official website of the United States government Here’s how you know Important Reps and Certs Update Show Details Mar 1, 2024 Entity Validation Processing Show Details Mar 19, 2024
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25 Cen Cal Paving, Inc. Inactive Registration
Unique Entity ID QB5ALCKEJE65CAGE Code
56CA3
Physical Address
9445 Highway 41, Lemoore, CA 93245 USA
Entity
Expiration Date
Jan 13, 2022
Purpose of Registration
All Awards
CEN CAL DEMOLITION Inactive Registration
Unique Entity ID
PULXT4KXNB81
CAGE Code
7WS54
Physical Address
3299 S CEDAR AVE, FRESNO, CA 93725 USA
Entity
Expiration Date
Jul 21, 2018
Purpose of Registration
All Awards
Notice ID: W9124B-08-0207
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional ...

W--LATRINES AND HANDWASH STATIONS
Department/Ind.Agency DEPT OF DEFENSESubtier DEPT OF THE ARMYOffice W6QM MICC-FT IRWIN Inactive
Contract Opportunities
Current Date Offers Due
February 08, 2008 at 09:00 PM PST
Notice Type Original Combined Synopsis/Solicitation
Updated Date
Apr 9, 2008
Published Date
Feb 6, 2008

Page 100 of 178 ends

An official website of the United States government Here’s how you know Important Reps and Certs Update Show Details Mar 1, 2024 Entity Validation Processing Show Details Mar 19, 2024
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25 J.L. PLANK, INCORPORATED Active Registration
Unique Entity ID
PJXHZV5W49X5
CAGE Code
89YT7
Physical Address
34762 LENCIONI AVE, BAKERSFIELD, CA
93308 USA
Entity
Expiration Date
Feb 21, 2025
Purpose of Registration
All Awards
J.L. Plank Inc. ID Assigned
Unique Entity ID
FCDEYMX4VHZ7
Physical Address
34762 Lencioni Ave, Bakersfield, CA 93308 USA
Entity
Assigned Date
Jun 19, 2020

Page 101 of 178 ends

DLSE Debarments
The following is a list of contractors barred from bidding on, accepting, or performing any public works contracts, either as a contractor or subcontractor. Please refer to the “Period of Debarment” for status of debarment period as noted below:

As part of your due diligence, we suggest that you also check:

Contractor status at the Contractors State License Board (CSLB) The Federal debarment list at the Excluded Parties List System Name of contractor Period of debarment
MICHAEL FLOORING, INC.;

BENNY MICHAEL
CSLB License Number: 874947
5/30/2023 through
5/30/2026
Decision SC 7278 
The debarment order is
currently stayed by order of
the Kern County Superior
Court
TOBO CONSTRUCTION, INC.;
JIMI WAN CHAE; MONICA SHIUN OH;

KYUNG JIN YOON,
CSLB License Number: 758012
5/10/2023 through
5/10/2026
Decision SC 7250 
G M Climate Control, Inc.

CSLB License Number: 967267
3/2/2023 through
9/2/2024
Decision 40-71536-603 
MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION;

AND REFAAT HILMAY MINA,
CSLB License Number: 612429
9/27/2021 through
9/26/2022
Decision LB 6333 
GRFCO, INC. DBA ONSITE KRUSHING;
GARCIA JUAREZ CONSTRUCTION, INC.;
GEORGE ROBERT FROST; AND JAMES

CRAIG JACKSON
CSLB License Number: 291013 and 84801
5/21/2021 through
5/20/2024
Decision LB 6629 
ECS CONTRACTORS, INC. dba ECS
ELECTRIC, INC.; UMAR KHALID RANA, an
indvidual and CEO/RMO of ECS
CONTRACTORS, INC.; and KANWAL
SAJJAD RANA, an indvidual and RMO of
ECS CONTRACTORS, INC.

CSLB License Number: 975222
3/1/2020 through 3/1/2023
Decision LB 5590 
Avi Shechter, Individually
DBA Avi Shechter
CSLB Number: 908891 and 1018353
5/6/2019 through 5/5/2022
Decision LB 6328 
Patrick Kim, Individually
DBA Ritecon Plumbing
CSLB Number: 991018
8/21/2018 through
8/20/2019
Decision LB 6762 
Bighorn Construction, Inc.

CSLB Number: 597866
5/5/2018 through 5/4/2021
Decision LB 6658 
Doug Parks, Individually dba
Doug Parks and Son Plumbing
CSLB Number: 411825
10/11/2017 through
10/10/2019
Decision SC 5807 


How can we
help you
today?

Page 102 of 178 ends

Worthington Construction, Inc.;
Dale Worthington, an individual and
CEO/RMO of Worthington Construction, Inc.; and,
Holi Jeanne Worthington, an individual and
Officer of Worthington Construction
CSLB Number: 714836
6/15/2018 through
9/16/2019
Decision LB 5267 
RMV Construction, Inc., A California
Corporation; and Robert Michael Vasil II a.k.a. Robert Michael Vasil a.k.a. Mike Vasil, an Individual and CEO/RMO
President of RMV
Construction, Inc.

CSLB Number: 892389
4/1/2017 through 8/18/2018
Decision LB 5266 
Gewargis Youkhanis Narso, an individual
dba
GEHVAC and Technologies, a sole
proprietorship,
And GEHVAC Co., a sole proprietorship
CSLB Number: 899312 and 1013848
2/1/2017 through 1/31/2020
Decision 40-48480-516 
Joseph Brothers Enterprise, Inc.; Ken
Joseph Individually and as CEO
CSLB Number: 849169
4/3/2018 through
10/3/2019
Decision SC 6390 
Dave Cook Concrete Construction, Inc.,
and David William Cook
34231 Camino Capistrano #102
Capistrano Beach, CA 92624-1189
CSLB Number: 461897
3/1/2017 through
2/29/2020
Decision LB 6207 
Bannaoun Engineers Constructors
Corporation; Omar Maloof, An Individual
P.O. Box 16599
Beverly Hills, CA 90209-2599
CSLB Number: 827829
05/12/17 through 05/11/20
Decision SC 5517 
Evans Roofing Co., Inc.
2020 South Yale Street
Santa Ana, CA 92706
CSLB Number: 610549
10/31/16 through 10/30/19
Decision LB 6270 
Guillermo Ibaibarriaga dba Sierra Nevada
Stucco and 2K Roofing
Sierra Nevada Stucco
P.O. Box 8472
Reno, NV 89502
CSLB Number: 915812
2K Roofing
820 Kuenzli Street
Reno, NV 89502
CSLB Number: 954551
05/14/17 through 05/13/20
Decision SC 6037 
Del Norte Construction, And Trinidad Manuel Canales, an Individual PO Box 5101
Oxnard, CA 93030
5020 Wooley Rd.

Oxnard, CA 93030
CSLB Number: #945723
6/01/16 through 5/31/17
Decision LB 5533 

Page 103 of 178 ends

Diversified Building & Electric Company,
Inc.
409 Tennant Station Morgan Hill, CA 95037
Denis Andrew Maris, Individually and Doing
Business as Diversified Electric Company
CSLB Number: #765312
2/15/16 through 8/15/17
Decision SC 5714 
Fast Demolition, Inc.
601-C East Palomar Street #123
Chula Vista, CA 91911
CSLB Number: #792729
Rogelio Medina Vazquez., an individual and
in his capacity as Responsible Managing
Officer of FAST DEMOLITION, INC.
4/1/44 through 3/31/47
Decision LB5742 
4/1/41 through 3/31/44
Decision LB5665 
4/1/36 through 3/31/39
Decision LB5740 
4/1/33 through 3/31/37
Decision LB5651 
4/1/33 through 3/31/37
Decision LB5739 
4/1/24 through 3/31/27
Decision LB5741 
4/1/30 through 3/31/33
Decision LB5743 
4/1/27 through 3/31/30
Decision LB5666 
4/1/21 through 3/31/24
Decision LB5667 
4/1/18 through 3/31/21
Decision LB5668 
4/01/15 through 3/31/18
Decision LB5345 
Amerivet Plumbing, Inc.; Walter Edward
Jacob Kuhlmann III, Individually And dba
Amerivet Plumbing Services
CSLB Number: #969048 and #919761
8/6/15 through 8/5/18
Decision SC 5756 
Ultimate Inc., And, Enrique Vera, an
Individual
PO Box 571117
Tarzana, CA 91356-1117
CSLB Number: #949229
12/1/15 through 11/30/18
Decision LB 5655 &
LBS659 
Travioli Construction, Inc.

PO Box 231
Visalia, CA 93274
CSLB Number: #936832
9/11/15 through 3/10/17
Decision SC 5800 
Integrity Sheet Metal, Inc.
319 McArthur Way
Upland, CA 91786
CSLB #726770
William Ben Hicks, an individual; Margaret Mary Hicks, an individual 2/01/15 through 1/31/18
Decision LB 5596 
L A Builders, Inc., a California Corporation
15635 Saticoy Street, #H
Van Nuys, CA 91406
CSLB #748591
Alon Gamliel, an individual
2/01/15 through 1/31/18
Decision LB5 171 
USA Wall Systems, Inc.
8309 Sunshine Lane
Riverside, CA 92508
CSLB #929610
4/01/15 through 3/31/18
Decision LB 5323 

Page 104 of 178 ends

Edward Eugene Brammer, an individual
and in his capacity as President/CEO/RMO
Daughter Construction
formerly dba Hy Carpentry Construction
15407 Thornlake Avenue
Norwalk, CA 90650
CSLB #979297
Sharon Jin Yoo, an individual;
Dae Hyun Yoo, an individual
and in his capacity as manager/supervisor
for Sharon Jin Yoo and in his capacity as
General Partner for HY Construction, a
General Partnership.
4/01/15 through 3/31/18
Decision LB 5466, LB5467,
LB5468 & LB5520 
RDA Construction, Inc.
1692 W. Bullard Ave.,
Fresno, CA 93711
CSLB# 383306
12/15/14 through 12/14/16
Decision 40-40508-522 &
44-40509-522 
Titan Electrical Construction, Inc.

Lucas Oliver Stickney, an individual
Jamie Noel Furr, an individual
630 Natoma Street
San Francisco, CA 94103
CSLB# 919516
11/3/14 through 11/2/17
Decision SC 5539 
Ramos Painting
Carlos Ray Ramos, an individual
P.O. Box 3871
Paso Robles, CA 93447
CSLB# 753575
11/3/14 through 11/2/15
Decision SC 5518 
Dick Emard Electric.
dba Emard Electric Luke Richard Emard, an
individual and RMO
5930 Key Court, Suite A
Loomis, CA 95650
CSLB# 794007
11/3/14 thorough 11/2/17
Decision SC 5521 
Nixon Electric
Gordon Fulton Nixon, an individual
5624 Faust Ave. Woodland Hills, CA 91367
CSLB# 796802
8/1/14 through 7/31/17
Decision LB 4495 
Neris General Contractors, a California
Corporation
Efren Neri, an individual
Servando Neri, an individual
Rebeca Neri, an individual
Luis Abelardo Castro, an individual
6087 California Ave.

Long Beach, CA 90805
CSLB# 797967
2/28/14 through 2/27/17
Decision LB 4511, LB4512 &
LB4521 
Southland Construction
Reza Mohammedi, an individual
3943 Irvine Blvd., #405, Irvine, CA 92602
CSLB# 663784 (expired)
10/14/14 through 10/13/17
Decision SAC 5492 
National Drywall Corporation,
A Dissolved California Corporation
603 S. Milliken Avenue, Suite F
Ontario, CA 91761
CSLB #834335
Miguel Contreras, an Individual and
Responsible Managing
Officer/CEO/President
Dora Maria Contreras, an Individual and
Agent/Officer of the Corporation
8/4/14 through 8/3/17
Decision SAC 5506 

Page 105 of 178 ends

Tadros & Youssef Construction, Inc.

Kamel Shaker Tadros & Makram Youssef
Youssef, Individually
1221 E 8th Street, Unit A, Upland, CA 91786
CSLB# 698182 (expired)
5/10/14 through 5/9/17
Decision SAC 5308 
Serenity Fire Protection
417 S. Associated Road, Brea, CA 92821
CSLB# 902927
5/1/14 through 4/30/17
Decision LB 4202 
Don Kelly Construction , Inc.

Don Kelly, Individual and Lisa Kelly,
Individual
171 Northview Ridge Lane, P.O. Box 10760,
Bozeman, MT 59719
3/25/14 through 3/24/17
Decision LB 4484 
Aldan, Inc.

P.O. Box 9428, Brea, CA 92822
CSLB #949229
2/28/14 through 2/27/17
Decision LB5175 
Russell/Thompson, Inc.

James Jean Russell & Valery Alena
Thompson, Individually
4684 Oak Glen Dr., Redding, CA 96001
CSLB# 915036 (revoked)
10/31/13 through 10/31/16
Decision SC 5309 
Ayodejia A. Ogundare, Individual
Dba Pacific Engineering Company
6310 Stewart Way, Bakersfield, CA 93308
CLSB#710322
5/15/2013 through
5/15/2014
Decision SAC 1039 
Wallcrete Industries, Inc.; Garit David Wallace and Amber Anderson, Individuals 400 Kansas, Redlands, CA 92373
CSLB#834220
7/29/12 through 7/28/15
Decision SAC 5175 
FEI Enterprises, Inc
Gabriel Fedida, Individual
5749 Venice Blvd., Los Angeles, CA 90019
CSLB#659252
6/14/12 through 6/13/15
Decision SC 5198 
Jeffrey Alan Mott and Michelle Mott,
individuals
Dda Integrity Landscape
3756 Independence Avenue
Sanger, CA 93637
CSLB#774222
3/29/12 through 3/28/15
Decision SC 5160 
Jensen Drywall & Stucco
Jeffrey E. Jensen
3714 Lynda Place
National City, CA 91950-8121
CSB # 664168 Exp. 2/18/11 (expired)
3/31/11 through 3/30/13
Decision SC 5095 
All West Construction, Inc.

Donald Kent Russell
495 N. Marks Ave.

Fresno, CA 93706
CSB # 592321 Exp. 4/3/12 (suspended)
3/31/11 through 3/30/13
Decision se 5013 
Country Builders, Inc. Weldon Offill, individually
5915 Graham Ct.

Livermore, CA 94550
CSB # 699574 Exp. 11/30/12 (active)
3/1/11 through 2/28/14
Decision SC 5053 
Addendum SC 5053 

Page 106 of 178 ends

Sutter Foam & Coating, Inc.
909 A. George Washington
Yuba City, CA 95993
CSB # 732014 Exp. 1/31/09 (inactive)
David Alvin Trexler, an individual
909 A. George Washington
Yuba City, CA 95993
Kenneth A. Trexler, an individual
2603 Lago Lane Marysville, CA 95901
7/1/10 through 6/30/13
Decision SAC 5012 
Soo Dong Kim, an individual,
dba Soo Kim Electric Company
16224 Ridgeview Lane
La Mirada, CA 90638
CSB # 568103 Exp. 8/1/09 (inactive)
Hyo Nam Jung, an individual,
dba Lucid Electric
18621 Well Street
Rowland Heights, CA 91748
CSB # 914692 Exp. 4/3/10
4/19/10 through 4/18/13
Decision SAC 1064 
Southwest Grading,
dba Southwest Grading Services, Inc.,
22031 Waite Street Wildomar, CA 92595
David Walter Cholewinski, an individual
22031 Waite Street Wildomar, A 92595
29970 Technology Drive, Ste. 205 Murrieta, CA 92563
CSB #840416 Exp. 6/30/10
3/18/10 through 3/17/13
Decision SAC 1058 
S.J. Cimino Electric, Inc., a California
corporation,
3267 Dutton Ave.

Santa Rosa, CA 95404
Salvatore Joseph Cimino, RMO, CEO and
President of S.J. Cimino Electric, Inc. and
sole owner of S.J. Cimino
Electric, an individual
5825 Heights Rd.

Santa Rosa, CA 95401
CSB #343802 Exp. 2/28/10
CSB #294141 Exp. 9/30/13 (inactive)
10/15/09 through 10/14/12
Decision SAC 1052 
Cedar Development Corporation
Serghon Gabriel Afram, individually
12477 Feather Dr Mira Loma, CA 91752
CSB # 839898 Exp. 6/30/10 (suspended)
8/5/09 through 8/4/12
Decision SAC 1042 
All Floors Commercial and Residential
Flooring, Inc.

Salvador Elias Perea, individually
750 E. McGlincy Lane, #103
Campbell, CA 95008
CSB #430969 Exp. 7/31/09
5/14/09 through 5/13/12
Decision SAC 1040 
1-AMD Construction, Inc.

Alberto Mordoki, individually Mirella Mordoki, individually 5300 Beach Blvd., Suite 110-416
Buena Park, CA 90621
CSB #787533, revoked
3/16/09 through 3/15/12
Decision SAC1037 
Updated: August 2023

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AGREEMENT NO. _________

PUBLIC WORKS AGREEMENT
By and Between

CITY OF MCFARLAND
and
Cen-Cal Construction

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AGREEMENT NO. ___________

PUBLIC WORKS AGREEMENT

BETWEEN

THE CITY OF MCFARLAND
AND
Cen-Cal Construction
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this 11th day of April, 2024 by and between the CITY OF MCFARLAND, a municipal corporation (“City”) and J.L.

Plank, Inc. dba Cen-Cal Construction, a California Corporation/LLC/Partnership/Etc. (“Contractor”).

City and Contractor may sometimes be referred to herein as a “Party” or collectively as the “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Following submission of the lowest responsible and responsive bid for the performance of the services, Contractor was selected by the City to perform those services.

C. Pursuant to the City of McFarland Municipal Code, City has authority to enter into and execute this Agreement.

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

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements set forth in the Contract Documents for the project entitled HSIP Cycle 10 - Pedestrian Safety Improvements - Various Locations - HSIPSL 5343 (018) (“Project”), in accordance with the terms and conditions of this Agreement, which may be referred to as the “services” or “work” hereunder. All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in strict compliance with the Contract Documents and all local, state, and federal laws and regulations. As used herein, “Contract Documents” refers to all of the documents included in the solicitation of bids for the Project and Contractor’s bid proposal(s), including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Bid, Federal Provisions, Applicable Federal Wage Decision (if any), General Provisions, Special Provisions, Appendices, Plans, Drawings, and Addenda, and any other documents included, referenced, or incorporated therein. The Contract Documents are incorporated into this Agreement. In the event of any conflict or inconsistency between the terms of the Contract Documents

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and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Caltrans Specifications.

The provisions of the Caltrans Standard Specifications (as the same may be updated, amended, or supplemented from time to time, “Standard Specifications”) are incorporated herein, except as explicitly modified by the Contract Documents. The applicable version of the Standard Specifications shall be the version referenced in the Contract Documents, and if no version is referenced in the Contract Documents, the applicable version shall be the most recent version. In the event of any conflict or inconsistency between the provisions of the Standard Specifications and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by state law and DIR regulations. (b) Registration with DIR. Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed. (c) Prevailing Wages. Contractor shall pay prevailing wages as required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested Party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the state or federal prevailing wage applicable to each laborer, whichever is higher. (d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.

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(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (g) Eight-Hour Workday. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810. (h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay. (i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement.

Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s

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performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

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

1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code Section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown, or latent physical conditions at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, that will materially affect the performance of Contractor’s services hereunder. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, the performance of any part of the work, the City shall issue a change order in accordance with Section 1.11 of this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties.

1.7 Unidentified Utilities.

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

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and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.8 Trench Excavation.

Pursuant to Labor Code Section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

This Section 1.8 shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders (set forth in the California Code of Regulations, Title 8, Subchapter 4). This Section 1.8 shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid item in the Contract Documents, and no additional compensation will be allowed therefor.

1.9 Protection and Care of Work and Materials.

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

1.10 Warranty.

Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in this Agreement, or the Contract Documents, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance of the Project by the City, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Notwithstanding the foregoing, Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of its subcontractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with

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the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement or the Contract Documents, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work or materials at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.11 Additional Work and Change Orders.

Change orders shall be processed as provided in the Standard Specifications, as may be amended by the Contract Documents and as follows:

The City Manager or their designee shall have authority to fully execute change orders up to any compensation or time extension constraints that may be imposed by the City Council, if any at the time of approval of this agreement.

1.12 Grant Fund Requirements.
(a) Federal Funds; Uniform Requirements. If the Project is funded in whole or in part by federal funds, as indicated in Contract Documents, City and Contractor shall comply with all applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) (“Uniform Requirements”), which are incorporated herein by reference.

In the event of any inconsistency between the applicable Uniform Requirements and the other provisions of the Agreement, the applicable Uniform Requirements shall prevail. (b) Grant Requirements. If the Project is funded in whole or in part by any grant funds, as indicated in the Contract Documents, City and Contractor shall comply with all requirements and conditions of the grant(s), which are incorporated herein by this reference.

1.13 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. (If REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION CONTRACTS applies, attach as Exhibit “B”) ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this reference.

Subject to any additions or deductions that may be made by change order or amendment, and any penalties

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or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of One Hundred Forty-Nine Thousand One Hundred Forty-Six dollars and Ninety-nine cents ($149,146.99) (“Contract Sum”) for completion of the work. The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; and also for all loss or damage arising out of the nature of the work, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Contract Documents and this Agreement. The Contract Sum shall be made in the form of progress payments and a final payment as provided in this Section 2 and the Contract Documents unless the Bid or Contract Documents explicitly provide for a lump sum payment.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in Exhibit A. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.2 Invoices.

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

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

2.3 Payment.

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

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any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.4 Retention; Substitution of Securities.

City will deduct a five percent (5%) retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement. The retention held by the City shall be released within sixty (60) days after the date of completion of the work and the Project, as required by Government Code Section 7107. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within fifteen (15) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within Thirty (30) consecutive working days from the date on which Contractor received the Notice to Proceed, or otherwise in accordance with any schedule contained in or required to be provided by the Contract Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply as set forth below.

3.2 Force Majeure.

The time period(s) for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

3.3 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ONE THOUSAND DOLLARS AND ZERO CENTS ($1,000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

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3.4 Inspection and Final Acceptance.

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

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals.

For purposes of this Agreement, the Principals may not be replaced, nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees, or agents of City. Neither Contractor, nor any of Contractor’s officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

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4.3 Project Manager.

The “Project Manager” for the City shall be the City Engineer or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

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

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification obligation to the City (as set forth below), and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not

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McFarland City CouncilApril 25, 2024

McFarland City Council
April 25, 2024