McFarland City Council
July 25, 2024

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, July 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/AgendaCenterRecordings 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

ROLL CALL:

Mayor/Chair, Saul Ayon
Vice Mayor, Ricardo Cano
Council Member, Amador Ayon
Council Member, Anita Gonzalez
Council 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. ● Featured Pet Zoey

APPROVE AGENDA AS TO FORM

PRESENTATIONS, INTRODUCTIONS AND AWARDS

1. Mujeres Activas Lideres Comunitarias

2. McFarland Tire Shop

3. Animal Control Division

4. Community Development Department

5. Human Resources Department
PUBLIC COMMENT: Members of the public wishing to address the Council about any item not on the agenda may do so at this time. Speakers are limited to two minutes for each person. Fifteen minutes total will be allowed for any one subject. Please state your name and address for the record prior to making a presentation.

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 or Member from the Public requests to remove a particular item.

6. Approval of Expense Report in the Amount of $693,557.74 from 6/29/2024 to 7/12/2024.

7. Approval of June 27, 2024, and July 11 Regular Meeting Minutes

8. Authorize City Manager to execute subscription agreement with Civics Plus for the NextRequest software to manage public records requests.

9. Adopt Resolution 2024-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MCFARLAND AUTHORIZING THE APPLICATION AND AMENDING THE PLHA PLAN

FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM

10. Adopt Resolution 2024-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MCFARLAND AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE

AWARD OF A PROFESSIONAL SERVICES AGREEMENT WITH BHT ENGINEERING, INC., FOR ON-CALL ENGINEERING SERVICES FOR FEDERAL AND STATE FUNDED PROJECTS.

11. Adopt Resolution 2024-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MCFARLAND APPROVING THE JOB DESCRIPTION OF THE ASSISTANT

ENGINEER/PROJECT MANAGER POSITION

12. Adopt Resolution 2024-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MCFARLAND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH J. WEBB CONSULTING FOR SUPERVISORY TRAINING SESSIONS

PUBLIC HEARINGS

13. Second reading, by title only, and adopt Ordinance 10-2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND ADDING CHAPTER 20, “UNAUTHORIZED ENCAMPMENTS AND PROHIBITED ACTIVITIES ON PUBLIC PROPERTY” TO TITLE 9 OF THE MCFARLAND MUNICIPAL CODE

14. Introduce and hold first reading, by title only, Ordinance 6-2024 AN ORDINANCE OF THE

CITY OF MCFARLAND AMENDING THE MCFARLAND MUNICIPAL CODE CHAPTER

2.04.101 RELATING TO CITY COUNCIL MEETINGS

ADMINISTRATIVE AGENDA

15. Adopt Resolution 2024-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MCFARLAND APPROVING A LICENSE BETWEEN WONDERFUL CITRUS PACKING LLC AND THE CITY OF MCFARLAND TO USE PREMISES.

16. Adopt Resolution 2024-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MCFARLAND RATIFYING AGREEMENT BETWEEN THE COUNTY OF KERN AND THE

MCFARLAND POLICE DEPARTMENT FOR THE ALLOCATION AND DISBURSEMENT

OF KERN COUNTY FENTANYL MISUSE AND OVERDOSE PREVENTION TASK FORCE FUNDS.

17. Adopt Resolution 2024-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MCFARLAND APPROVING FUNDS FROM THE CITY'S COMMUNITY GRANT

PROGRAM TO THE MCFARLAND RECREATION FOUNDATION FOR THE
INDEPENDENCE DAY FIREWORK EVENT.

REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT MEETINGS a. Kern Council of Governments (KCOG)
b. Delano Mosquito Abatement District (DMAD)
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

18. Conference with Legal Counsel - Intiation of Litigation (Gov. Code section 54956.9(d)(4)):
(1 Matter)

REPORT OUT FROM CLOSED SESSION

ADJOURNMENT
This is to certify this agenda was posted at McFarland City Hall on July 22, 2024 Paul M. Saldana, Interim City Clerk
Deigo Viramontes, City Manager
Next Meeting: Regular City Council August 8, 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. Special meeting needs hour change
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.

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: 921230011
Breed: Great Pyrenees
Color: White
Sex: Female
Age: 4 years
Weight: 90 lbs.

Chip/Tag: None
Collar Type: None
Arrival Date: 9/21/2023
Arrival Reason: Stray
Brought in by: ACO Munguia
Status: Available
Location of
Impound:

Police Station.

Available Date: 9/24/2023
DAPP Vaccine: 9/21/2023
Stickers Here:

STAR

KENNEL IDENTIFICATION CARD
NOTES: Star is a very loving dog she
gets along with other dogs at the shelter.

She is very calm and loves to lay around
and belly rubs Star would be a great
addition to any family with or without
pets.

Panacur: 9/22, 9/23, 9/24
Vaccine Sticker Vaccine Sticker

7/18/2024 7:35:05 AM Page 1 of 15
Expense Approval Report
City of McFarland, CA By Vendor Name
Payment Dates 6/29/2024 - 7/12/2024
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: Advanced Data Storag - Advanced Data Storage, Inc.

Advanced Data Storage, Inc. Inv. 0184931 07/08/2024 Inv. 0184931 Service Console … 01-150-52200-0000-1 41.40 Advanced Data Storage, Inc. Inv. 0185885 07/08/2024 Inv. 0185885 Service Console … 01-150-52200-0000-1 41.40 Vendor Advanced Data Storag - Advanced Data Storage, Inc. Total: 82.80 Vendor: American Fidelity - American Fidelity
American Fidelity INV0027358 07/11/2024 American Fidelity Accident 2* …30-22800-0000-1 27.45 American Fidelity INV0027358 07/11/2024 American Fidelity Accident 2* …34-22800-0000-1 15.41 American Fidelity INV0027359 07/11/2024 Life 1 34-22900-0000-1 9.81 American Fidelity INV0027360 07/11/2024 American Fidelity - Disability I…01-22700-0000-1 23.93 American Fidelity INV0027360 07/11/2024 American Fidelity - Disability I…30-22700-0000-1 35.70 American Fidelity INV0027360 07/11/2024 American Fidelity - Disability I…31-22700-0000-1 11.65 American Fidelity INV0027360 07/11/2024 American Fidelity - Disability I…32-22700-0000-1 14.30 American Fidelity INV0027360 07/11/2024 American Fidelity - Disability I…34-22700-0000-1 30.76 American Fidelity INV0027361 07/11/2024 Health FSA 01-22600-0000-1 54.02 American Fidelity INV0027361 07/11/2024 Health FSA 30-22600-0000-1 26.09 American Fidelity INV0027361 07/11/2024 Health FSA 32-22600-0000-1 26.08 American Fidelity INV0027362 07/11/2024 Life 1 01-22900-0000-1 21.03 American Fidelity INV0027362 07/11/2024 Life 1 20-22900-0000-1 12.66 American Fidelity INV0027362 07/11/2024 Life 1 30-22900-0000-1 35.80 American Fidelity INV0027362 07/11/2024 Life 1 31-22900-0000-1 8.12 American Fidelity INV0027362 07/11/2024 Life 1 32-22900-0000-1 8.98 American Fidelity INV0027362 07/11/2024 Life 1 34-22900-0000-1 34.33 American Fidelity INV0027363 07/11/2024 Life 2 34-22900-0000-1 13.85 American Fidelity INV0027377 07/11/2024 Cancer 1 American Fidelity 34-22950-0000-1 8.12 American Fidelity INV0027378 07/11/2024 Cancer 2* - American Fidelity … 34-22950-0000-1 16.65 American Fidelity INV0027388 07/11/2024 American Fidelity Accident 1 01-22800-0000-1 19.34 American Fidelity INV0027389 07/11/2024 Life 1 01-22900-0000-1 9.81 American Fidelity INV0027390 07/11/2024 American Fidelity - Disability I…01-22700-0000-1 148.58 American Fidelity INV0027391 07/11/2024 Life 1 01-22900-0000-1 35.07 American Fidelity INV0027392 07/11/2024 Life 2 01-22900-0000-1 24.00 American Fidelity INV0027412 07/11/2024 Cancer 1 American Fidelity 01-22950-0000-1 13.53 Vendor American Fidelity - American Fidelity Total: 685.07 Vendor: Auto Zone - Auto Zone
Auto Zone INV 6270892926 07/07/2024 INV 6270892926 City Bus A/C 34-520-56600-0000-1 41.63 Vendor Auto Zone - Auto Zone Total: 41.63
Vendor: BHT Engineering, Inc - BHT Engineering, Inc.

BHT Engineering, Inc. INV 24-187 07/08/2024 INV 24-187 Job#24602 Cliff Av…25-000-52960-2402-1 10,215.00 BHT Engineering, Inc. INV 24-189 07/08/2024 INV 24-189 Job#24604 San Lu… 25-000-52960-2404-1 12,370.00 BHT Engineering, Inc. Inv No 24-151 07/08/2024 Inv No 24-151 - PM 12462 01-140-56000-8477-1 1,110.00 BHT Engineering, Inc. Inv No 24-190 07/08/2024 Inv No 24-190 - New sump Br… 01-140-56000-0000-1 13,065.00 BHT Engineering, Inc. Inv No 24-193 07/08/2024 Inv No 24-193 - Tract 7214 Ph …01-140-56000-8150-1 4,225.00 BHT Engineering, Inc. Inv No 24-194 07/08/2024 Inv No 24-194 - PM 12462 01-140-56000-8477-1 477.50 Vendor BHT Engineering, Inc - BHT Engineering, Inc. Total: 41,462.50 Vendor: bootbarn - Boot Barn
Boot Barn INV00378075 07/07/2024 FY23-24 BOOT BARN-MICHAEL…32-510-51800-0000-1 200.00 Vendor bootbarn - Boot Barn Total: 200.00
Vendor: Brenntag - Brenntag Pacific Inc.

Brenntag Pacific Inc. INV BPI435169 07/03/2024 INV BPI435169 LA Chemchlor … 32-510-56000-0000-1 910.75 Brenntag Pacific Inc. INV BPI435421 07/03/2024 INV BPI435421 LA Chemchlor … 32-510-56000-0000-1 518.79 Brenntag Pacific Inc. INV BHI441225 07/08/2024 INV BHI441225 L A Chemchlor…32-510-58200-0000-1 489.95 Brenntag Pacific Inc. INV BHI441226 07/08/2024 INV BHI441226 L A Chemchlor…32-510-58200-0000-1 326.64 Brenntag Pacific Inc. INV BPI435168 07/08/2024 INV BPI435168 LA Chemchlor … 32-510-56000-0000-1 1,106.73

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 2 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Brenntag Pacific Inc. INV BPI435170 07/08/2024 INV BPI435170 LA Chemchlor … 32-510-56000-0000-1 1,106.73 Vendor Brenntag - Brenntag Pacific Inc. Total: 4,459.59 Vendor: BSK ASSOCIATES - BSK ASSOCIATES
BSK ASSOCIATES INV AH13455 07/03/2024 INV AH13455 BOD TSS 30-500-58200-0000-1 150.00 BSK ASSOCIATES INV AH13748 07/03/2024 INV AH13748 Quanti-Tray 51 … 32-510-58200-0000-1 160.00 BSK ASSOCIATES INV AH14752 07/03/2024 INV AH14752 Arsenic CA DW I…32-510-58200-0000-1 100.00 BSK ASSOCIATES INV AH14910 07/03/2024 INV AH14910 BOD & TSS 30-500-58200-0000-1 150.00 BSK ASSOCIATES INV AH14955 07/03/2024 INV AH14955 TCP & Trap GC/… 32-510-58200-0000-1 635.00 BSK ASSOCIATES INV AH15110 07/03/2024 INV AH15110 Quanti-Tray 51 … 32-510-58200-0000-1 70.00 BSK ASSOCIATES INV AH15152 07/03/2024 INV AH15152 Nitrate-N TCP 32-510-58200-0000-1 860.00 BSK ASSOCIATES INV AH15222 07/07/2024 INV AH15222 Quanti-Tray Coli…30-500-52200-0000-1 370.00 BSK ASSOCIATES INV AH15248 07/03/2024 INV AH15248 BOD & TSS 30-500-58200-0000-1 150.00 BSK ASSOCIATES INV AH15407 07/08/2024 INV AH15407 Arsenic, CA DW … 32-510-58200-0000-1 100.00 BSK ASSOCIATES INV AH15662 07/08/2024 INV AH15662 Nitrate TCP 32-510-58200-0000-1 560.00 BSK ASSOCIATES INV AH15912 07/08/2024 INV AH15912 Arsenic, CA DW … 30-500-58200-0000-1 70.00 BSK ASSOCIATES INV AH16088 07/08/2024 INV AH16088 BOD TSS 30-500-58200-0000-1 150.00 Vendor BSK ASSOCIATES - BSK ASSOCIATES Total: 3,525.00
Vendor: Vulcan Materials Co - CalMat Co.

CalMat Co. INV 74016530 07/08/2024 INV 74016530 Patch Material … 32-510-56410-0000-1 2,382.93 Vendor Vulcan Materials Co - CalMat Co. Total: 2,382.93 Vendor: Cintas - Cintas Corporation No.3
Cintas Corporation No.3 INV 4195877005 07/07/2024 INV 4195877005 Cintas 01-180-51800-0000-1 54.27 Cintas Corporation No.3 INV 4195877005 07/07/2024 INV 4195877005 Cintas 20-200-51800-0000-1 23.88 Cintas Corporation No.3 INV 4195877005 07/07/2024 INV 4195877005 Cintas 30-500-51800-0000-1 425.53 Cintas Corporation No.3 INV 4195877005 07/07/2024 INV 4195877005 Cintas 32-510-51800-0000-1 63.25 Cintas Corporation No.3 INV 4196605708 07/07/2024 INV 4196605708 Cintas 01-180-51800-0000-1 172.98 Cintas Corporation No.3 INV 4196605708 07/07/2024 INV 4196605708 Cintas 20-200-51800-0000-1 26.88 Cintas Corporation No.3 INV 4196605708 07/07/2024 INV 4196605708 Cintas 30-500-51800-0000-1 111.47 Cintas Corporation No.3 INV 4196605708 07/07/2024 INV 4196605708 Cintas 32-510-51800-0000-1 54.43 Cintas Corporation No.3 INV 4197312552 07/07/2024 INV 4197312552 Cintas 01-180-51800-0000-1 135.58 Cintas Corporation No.3 INV 4197312552 07/07/2024 INV 4197312552 Cintas 20-200-51800-0000-1 28.88 Cintas Corporation No.3 INV 4197312552 07/07/2024 INV 4197312552 Cintas 30-500-51800-0000-1 180.26 Cintas Corporation No.3 INV 4197312552 07/07/2024 INV 4197312552 Cintas 32-510-51800-0000-1 317.11 Cintas Corporation No.3 INV 4198011415 07/08/2024 INV 4198011415 Cintas 01-180-51800-0000-1 190.88 Cintas Corporation No.3 INV 4198011415 07/08/2024 INV 4198011415 Cintas 20-200-51800-0000-1 23.88 Cintas Corporation No.3 INV 4198011415 07/08/2024 INV 4198011415 Cintas 30-500-51800-0000-1 188.65 Cintas Corporation No.3 INV 4198011415 07/08/2024 INV 4198011415 Cintas 32-510-51800-0000-1 63.25 Vendor Cintas - Cintas Corporation No.3 Total: 2,061.18 Vendor: City of Delano - City of Delano
City of Delano Delano Police K9 Vehicle 2015…07/07/2024 Delano Police K9 Vehicle 2015…01-150-52940-0000-1 5,000.00 Vendor City of Delano - City of Delano Total: 5,000.00
Vendor: CivicPlus - CivicPlus LLC
CivicPlus LLC Inv. 294182 07/08/2024 Inv. 294182 Annual City Websi…01-130-56000-0000-1 16,523.93 Vendor CivicPlus - CivicPlus LLC Total: 16,523.93
Vendor: Clearsource Financia - Clearsource Financial Consulting Clearsource Financial Consulti… Inv No UFS0524-448 07/08/2024 Inv No UFS0524-448 - User an… 01-140-56000-0000-1 14,800.00 Vendor Clearsource Financia - Clearsource Financial Consulting Total: 14,800.00 Vendor: Core & Main LP - Core & Main LP
Core & Main LP INV 0007745 07/03/2024 INV 0007745 Conductivity Pro… 32-510-56410-0000-1 152.16 Core & Main LP INV 0007791 07/03/2024 INV 0007791 Conductivity Sta… 32-510-56410-0000-1 18.19 Core & Main LP INV V021260 07/03/2024 INV V021260 Water Dept. Rep…32-510-56410-0000-1 383.69 Core & Main LP INV 0008024 07/08/2024 INV 0008024 Chlorine Analyzer 32-510-56410-0000-1 2,014.93 Vendor Core & Main LP - Core & Main LP Total: 2,568.97
Vendor: KCPW - County of Kern Public Works
County of Kern Public Works INV 42332 07/07/2024 INV 42332 Green and Municip…30-500-52200-0000-1 115.55 Vendor KCPW - County of Kern Public Works Total: 115.55

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 3 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CSJVRMA - CSJVRMA
CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 01-105-50600-0000-1 114.70 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 01-110-50600-0000-1 516.14 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 01-111-50600-0000-1 262.17 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 01-112-50600-0000-1 868.43 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 01-115-50600-0000-1 221.20 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 01-140-50600-0000-1 2,146.49 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 01-150-50600-0000-1 38,595.81 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 01-155-50600-0000-1 2,039.98 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 01-160-50600-0000-1 1,441.92 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 01-165-50600-0000-1 1,122.40 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 01-175-50600-0000-1 1,179.75 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 01-180-50600-0000-1 4,465.02 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 01-190-50600-0000-1 884.81 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 20-200-50600-0000-1 2,736.36 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 30-500-50600-0000-1 10,388.34 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 31-505-50600-0000-1 1,925.28 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 32-510-50600-0000-1 11,559.90 CSJVRMA INV0027426 07/08/2024 CSJVRMA 2025-INV0053 Wor… 34-520-50600-0000-1 1,458.30 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…01-105-54400-0000-1 362.03 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…01-110-54400-0000-1 3,330.64 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…01-111-54400-0000-1 917.13 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…01-112-54400-0000-1 675.78 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…01-115-54400-0000-1 2,051.48 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…01-140-54400-0000-1 4,995.97 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…01-150-54400-0000-1 118,503.35 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…01-155-54400-0000-1 3,427.18 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…01-160-54400-0000-1 4,271.91 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…01-165-54400-0000-1 3,451.32 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…01-175-54400-0000-1 1,689.46 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…01-180-54400-0000-1 14,046.63 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…20-200-54400-0000-1 2,244.56 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…30-500-54400-0000-1 33,620.19 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…31-505-54400-0000-1 9,557.50 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…32-510-54400-0000-1 36,419.87 CSJVRMA INV0027427 07/08/2024 CSJVRMA 2025-INV0053 Liabil…34-520-54400-0000-1 1,786.00 Vendor CSJVRMA - CSJVRMA Total: 323,278.00
Vendor: Dee Jaspar - Dee Jaspar & Associates, Inc
Dee Jaspar & Associates, Inc INV 24-00529 07/08/2024 INV 24-00529 Well Sites Oper… 32-510-56000-0000-1 4,756.50 Dee Jaspar & Associates, Inc INV 24-00530 07/08/2024 INV 24-00530 Browning Trea… 32-510-56000-0000-1 10,477.00 Dee Jaspar & Associates, Inc INV 24-00532 07/08/2024 INV 24-00532 SRF Grant App P…32-510-56000-0000-1 6,649.81 Dee Jaspar & Associates, Inc Inv No 24-00328 07/08/2024 Inv No 24-00328 - PM 12462 01-140-56000-8477-1 1,132.50 Dee Jaspar & Associates, Inc Inv No 24-00426 07/08/2024 Inv No 24-00426 - PM 12462 01-140-56000-8477-1 226.50 Dee Jaspar & Associates, Inc Inv No 24-00531 07/08/2024 Inv No 24-00531 - Tract 7393 01-140-56000-8472-1 2,335.00 Vendor Dee Jaspar - Dee Jaspar & Associates, Inc Total: 25,577.31 Vendor: Delano Propane - Delano Propane
Delano Propane Number 156584 07/03/2024 Delano Propane 05.09.24 Nu… 01-180-56500-0000-1 158.87 Vendor Delano Propane - Delano Propane Total: 158.87
Vendor: EDD - EDD
EDD INV0027352 07/11/2024 State Income Tax Withholding 01-22200-0000-1 172.31 EDD INV0027352 07/11/2024 State Income Tax Withholding 20-22200-0000-1 0.03 EDD INV0027353 07/11/2024 SDI - State Disability Insurance 01-22200-0000-1 56.85 EDD INV0027353 07/11/2024 SDI - State Disability Insurance 20-22200-0000-1 0.40 EDD INV0027381 07/11/2024 State Income Tax Withholding 01-22200-0000-1 881.69 EDD INV0027381 07/11/2024 State Income Tax Withholding 20-22200-0000-1 15.77 EDD INV0027381 07/11/2024 State Income Tax Withholding 30-22200-0000-1 504.07 EDD INV0027381 07/11/2024 State Income Tax Withholding 31-22200-0000-1 239.29 EDD INV0027381 07/11/2024 State Income Tax Withholding 32-22200-0000-1 373.12 EDD INV0027381 07/11/2024 State Income Tax Withholding 34-22200-0000-1 22.66

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 4 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount EDD INV0027382 07/11/2024 SDI - State Disability Insurance 01-22200-0000-1 340.24 EDD INV0027382 07/11/2024 SDI - State Disability Insurance 20-22200-0000-1 28.35 EDD INV0027382 07/11/2024 SDI - State Disability Insurance 30-22200-0000-1 212.10 EDD INV0027382 07/11/2024 SDI - State Disability Insurance 31-22200-0000-1 81.48 EDD INV0027382 07/11/2024 SDI - State Disability Insurance 32-22200-0000-1 247.89 EDD INV0027382 07/11/2024 SDI - State Disability Insurance 34-22200-0000-1 18.36 EDD INV0027383 07/11/2024 State Unemployment Insuran… 01-22250-0000-1 62.02 EDD INV0027384 07/11/2024 Employment Training Tax 01-22275-0000-1 1.32 EDD INV0027415 07/11/2024 State Income Tax Withholding 01-22200-0000-1 3,534.25 EDD INV0027415 07/11/2024 State Income Tax Withholding 30-22200-0000-1 6.61 EDD INV0027415 07/11/2024 State Income Tax Withholding 32-22200-0000-1 6.59 EDD INV0027416 07/11/2024 SDI - State Disability Insurance 01-22200-0000-1 934.11 EDD INV0027416 07/11/2024 SDI - State Disability Insurance 30-22200-0000-1 1.86 EDD INV0027416 07/11/2024 SDI - State Disability Insurance 32-22200-0000-1 1.83 EDD INV0027419 07/11/2024 State Income Tax Withholding 01-22200-0000-1 82.48 EDD INV0027419 07/11/2024 State Income Tax Withholding 30-22200-0000-1 61.86 EDD INV0027419 07/11/2024 State Income Tax Withholding 32-22200-0000-1 61.85 EDD INV0027420 07/11/2024 SDI - State Disability Insurance 01-22200-0000-1 16.13 EDD INV0027420 07/11/2024 SDI - State Disability Insurance 30-22200-0000-1 12.10 EDD INV0027420 07/11/2024 SDI - State Disability Insurance 32-22200-0000-1 12.09 Vendor EDD - EDD Total: 7,989.71
Vendor: EFTPS - Electronic Federal Tax Payment System
Electronic Federal Tax Paymen…INV0027350 07/11/2024 Federal Income Tax Withholdi… 01-22050-0000-1 478.10 Electronic Federal Tax Paymen…INV0027350 07/11/2024 Federal Income Tax Withholdi… 20-22050-0000-1 2.70 Electronic Federal Tax Paymen…INV0027351 07/11/2024 Social Security 01-22100-0000-1 640.94 Electronic Federal Tax Paymen…INV0027351 07/11/2024 Social Security 20-22100-0000-1 4.54 Electronic Federal Tax Paymen…INV0027354 07/11/2024 Medicare 01-22150-0000-1 149.88 Electronic Federal Tax Paymen…INV0027354 07/11/2024 Medicare 20-22150-0000-1 1.06 Electronic Federal Tax Paymen…INV0027379 07/11/2024 Federal Income Tax Withholdi… 01-22050-0000-1 2,019.83 Electronic Federal Tax Paymen…INV0027379 07/11/2024 Federal Income Tax Withholdi… 20-22050-0000-1 47.57 Electronic Federal Tax Paymen…INV0027379 07/11/2024 Federal Income Tax Withholdi… 30-22050-0000-1 854.32 Electronic Federal Tax Paymen…INV0027379 07/11/2024 Federal Income Tax Withholdi… 31-22050-0000-1 352.95 Electronic Federal Tax Paymen…INV0027379 07/11/2024 Federal Income Tax Withholdi… 32-22050-0000-1 626.74 Electronic Federal Tax Paymen…INV0027379 07/11/2024 Federal Income Tax Withholdi… 34-22050-0000-1 100.24 Electronic Federal Tax Paymen…INV0027380 07/11/2024 Social Security 01-22100-0000-1 3,834.72 Electronic Federal Tax Paymen…INV0027380 07/11/2024 Social Security 20-22100-0000-1 319.66 Electronic Federal Tax Paymen…INV0027380 07/11/2024 Social Security 30-22100-0000-1 2,390.46 Electronic Federal Tax Paymen…INV0027380 07/11/2024 Social Security 31-22100-0000-1 918.08 Electronic Federal Tax Paymen…INV0027380 07/11/2024 Social Security 32-22100-0000-1 2,795.88 Electronic Federal Tax Paymen…INV0027380 07/11/2024 Social Security 34-22100-0000-1 206.92 Electronic Federal Tax Paymen…INV0027385 07/11/2024 Medicare 01-22150-0000-1 896.88 Electronic Federal Tax Paymen…INV0027385 07/11/2024 Medicare 20-22150-0000-1 74.76 Electronic Federal Tax Paymen…INV0027385 07/11/2024 Medicare 30-22150-0000-1 559.14 Electronic Federal Tax Paymen…INV0027385 07/11/2024 Medicare 31-22150-0000-1 214.78 Electronic Federal Tax Paymen…INV0027385 07/11/2024 Medicare 32-22150-0000-1 653.66 Electronic Federal Tax Paymen…INV0027385 07/11/2024 Medicare 34-22150-0000-1 48.40 Electronic Federal Tax Paymen…INV0027413 07/11/2024 Federal Income Tax Withholdi… 01-22050-0000-1 7,951.48 Electronic Federal Tax Paymen…INV0027413 07/11/2024 Federal Income Tax Withholdi… 30-22050-0000-1 15.95 Electronic Federal Tax Paymen…INV0027413 07/11/2024 Federal Income Tax Withholdi… 32-22050-0000-1 15.93 Electronic Federal Tax Paymen…INV0027414 07/11/2024 Social Security 01-22100-0000-1 10,653.72 Electronic Federal Tax Paymen…INV0027414 07/11/2024 Social Security 30-22100-0000-1 20.92 Electronic Federal Tax Paymen…INV0027414 07/11/2024 Social Security 32-22100-0000-1 20.88 Electronic Federal Tax Paymen…INV0027417 07/11/2024 Medicare 01-22150-0000-1 2,491.66 Electronic Federal Tax Paymen…INV0027417 07/11/2024 Medicare 30-22150-0000-1 4.90 Electronic Federal Tax Paymen…INV0027417 07/11/2024 Medicare 32-22150-0000-1 4.86 Electronic Federal Tax Paymen…INV0027418 07/11/2024 Social Security 01-22100-0000-1 181.82 Electronic Federal Tax Paymen…INV0027418 07/11/2024 Social Security 30-22100-0000-1 136.36 Electronic Federal Tax Paymen…INV0027418 07/11/2024 Social Security 32-22100-0000-1 136.36 Electronic Federal Tax Paymen…INV0027421 07/11/2024 Medicare 01-22150-0000-1 42.52 Electronic Federal Tax Paymen…INV0027421 07/11/2024 Medicare 30-22150-0000-1 31.88

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 5 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Electronic Federal Tax Paymen…INV0027421 07/11/2024 Medicare 32-22150-0000-1 31.90 Vendor EFTPS - Electronic Federal Tax Payment System Total: 39,933.35 Vendor: Ennis-Flint - Ennis-Flint, Inc
Ennis-Flint, Inc INV 459959 07/08/2024 INV 459959 Parking Lot Paint 01-180-56500-0000-1 2,589.88 Ennis-Flint, Inc INV 461235 07/08/2024 INV 461235 Parking Lot Paint 01-180-56410-0000-1 3,271.86 Vendor Ennis-Flint - Ennis-Flint, Inc Total: 5,861.74
Vendor: foxfury - FoxFury LLC
FoxFury LLC Quote 20240619 164350054 07/03/2024 Quote: 20240619-164350054 …01-150-52940-2412-1 7,657.57 Vendor foxfury - FoxFury LLC Total: 7,657.57
Vendor: Francisco Gonzalez - Francisco Gonzalez
Francisco Gonzalez INV0027348 07/03/2024 Rental Deposit Return Gonzal… 01-24000-0000-1 350.00 Vendor Francisco Gonzalez - Francisco Gonzalez Total: 350.00 Vendor: Fred C. Gilbert - Fred C. Gilbert
Fred C. Gilbert INV 311938 07/03/2024 INV 311938 Water Dept. Repai…32-510-56410-0000-1 245.34 Fred C. Gilbert INV 311963 07/03/2024 INV 311963 Hose, Valve, Tubi… 32-510-56410-0000-1 98.59 Fred C. Gilbert INV 312009 07/03/2024 INV 312009 Well Pump and Li… 32-510-56410-0000-1 506.44 Vendor Fred C. Gilbert - Fred C. Gilbert Total: 850.37
Vendor: Frontier - Frontier California Inc.

Frontier California Inc. Frontier June 24 5301982194… 07/07/2024 Frontier June 24 5301982194… 32-510-57800-0000-1 57.40 Frontier California Inc. Frontier June 24 6617923437… 07/07/2024 Frontier June 24 6617923437… 01-185-57800-0000-1 99.51 Frontier California Inc. Frontier May 24 5301982194… 07/07/2024 Frontier May 24 5301982194… 32-510-57800-0000-1 43.23 Vendor Frontier - Frontier California Inc. Total: 200.14 Vendor: Grainger - Grainger
Grainger INV 9168031863 07/07/2024 INV 9168031863 WW Canopy 30-500-57400-0000-1 788.57 Grainger INV 9146208849 07/08/2024 INV 9146208849 Well 6 Air Rel…32-510-56410-0000-1 1,086.43 Grainger INV 9165342099 07/08/2024 INV 9165342099 WWTP Cable…30-500-57400-0000-1 29.02 Grainger INV 9171016133 07/08/2024 INV 9171016133 WWTP Suppl…30-500-57400-0000-1 207.88 Vendor Grainger - Grainger Total: 2,111.90
Vendor: Granite Auto Parts I - Granite Auto Parts Inc
Granite Auto Parts Inc INV 844871 07/03/2024 INV 844871 Equipment repair 32-510-56410-0000-1 4.97 Granite Auto Parts Inc INV 844945 07/03/2024 INV 844945 Brass Coupler and…32-510-56410-0000-1 59.28 Granite Auto Parts Inc INV 845286 07/03/2024 INV 845286 Water Dept. Main…32-510-56410-0000-1 248.94 Granite Auto Parts Inc INV 845307 07/03/2024 INV 845307 Water Dept. valve,…32-510-56410-0000-1 16.06 Granite Auto Parts Inc INV 845401 07/03/2024 INV 845401 WW Vehicle Repai…30-500-56600-0000-1 45.40 Granite Auto Parts Inc INV 845415 07/03/2024 INV 845415 Adapter, Coupler,… 30-500-57400-0000-1 69.53 Granite Auto Parts Inc INV 845425 07/03/2024 INV 845425 LLMD Chainsaw a… 20-200-52950-0000-1 500.08 Granite Auto Parts Inc INV 845439 07/03/2024 INV 845439 Oil Chage 32-510-56410-0000-1 19.57 Granite Auto Parts Inc INV 845448 07/03/2024 INV 845448 Flat Stock, Flap Di… 30-500-57400-0000-1 56.77 Granite Auto Parts Inc INV 845454 07/03/2024 INV 845454 72 IN Single Lid M…32-510-56410-0000-1 757.74 Granite Auto Parts Inc INV 845465 07/03/2024 INV 845465 M12 Hackzall 30-500-56410-0000-1 217.57 Granite Auto Parts Inc INV 845466 07/03/2024 INV 845466 12PC OP End Rat… 30-500-56410-0000-1 243.55 Granite Auto Parts Inc INV 845474 07/03/2024 INV 845474 Pressure Washer … 32-510-56410-0000-1 811.86 Granite Auto Parts Inc Inv. 845445 07/03/2024 Inv. 845445 Battery & Jump St…01-155-56600-0000-1 296.42 Granite Auto Parts Inc INV 845243 07/08/2024 INV 845243 Gas-Powered Wal…20-200-52950-0000-1 2,164.98 Granite Auto Parts Inc INV 845266 07/08/2024 INV 845266 LLMD Trimmer 20-200-52950-0000-1 2,151.95 Granite Auto Parts Inc INV 845421 07/08/2024 INV 845421 Weed Wackers, … 32-510-57400-0000-1 1,082.48 Granite Auto Parts Inc INV 845446 07/08/2024 INV 845446 Air Filter Water D… 32-510-57400-0000-1 17.47 Granite Auto Parts Inc INV 845473 07/08/2024 INV 845473 Water Dept. Main…32-510-56410-0000-1 83.34 Granite Auto Parts Inc INV 845523 07/08/2024 INV 845523 Streets Coupling … 01-180-57400-0000-1 10.24 Granite Auto Parts Inc INV 845524 07/08/2024 INV 845524 Water Dept. Hose…32-510-56410-0000-1 11.65 Granite Auto Parts Inc INV 845644 07/08/2024 INV 845644 WW Brake Maint… 30-500-56600-0000-1 904.34 Granite Auto Parts Inc INV 845691 07/08/2024 INV 845691 WWTP Maintena… 30-500-56410-0000-1 103.34 Granite Auto Parts Inc INV.845352 07/08/2024 INV.845352 evap. cooler for t… 30-500-52910-0000-1 1,927.93 Vendor Granite Auto Parts I - Granite Auto Parts Inc Total: 11,805.46 Vendor: Gregs Petroleum - Gregs Petroleum
Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 01-105-54000-0000-1 1.97 Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 01-110-54000-0000-1 10.06 Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 01-111-54000-0000-1 1.97

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 6 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 01-115-54000-0000-1 1.97 Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 01-140-54000-0000-1 3.01 Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 01-150-54000-0000-1 754.48 Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 01-155-54000-0000-1 30.19 Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 01-160-54000-0000-1 10.06 Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 01-165-54000-0000-1 15.04 Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 01-175-54000-0000-1 1.04 Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 01-180-54000-0000-1 120.64 Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 20-200-54000-0000-1 40.25 Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 30-500-54000-0000-1 75.41 Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 32-510-54000-0000-1 30.19 Gregs Petroleum Fuel INV 464044 06/18/24 07/07/2024 Fuel INV 464044 06/18/24 34-520-54000-0000-1 60.38 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 01-105-54000-0000-1 1.68 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 01-110-54000-0000-1 8.61 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 01-111-54000-0000-1 1.68 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 01-115-54000-0000-1 1.68 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 01-140-54000-0000-1 2.57 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 01-150-54000-0000-1 645.54 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 01-155-54000-0000-1 25.83 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 01-160-54000-0000-1 8.61 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 01-165-54000-0000-1 12.87 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 01-175-54000-0000-1 0.89 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 01-180-54000-0000-1 103.22 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 20-200-54000-0000-1 34.44 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 30-500-54000-0000-1 64.52 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 32-510-54000-0000-1 25.83 Gregs Petroleum Fuel INV 465073 06/21/24 07/07/2024 Fuel INV 465073 06/21/24 34-520-54000-0000-1 51.66 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 01-105-54000-0000-1 3.07 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 01-110-54000-0000-1 15.70 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 01-111-54000-0000-1 3.07 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 01-115-54000-0000-1 3.07 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 01-140-54000-0000-1 4.69 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 01-150-54000-0000-1 1,177.25 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 01-155-54000-0000-1 47.10 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 01-160-54000-0000-1 15.70 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 01-165-54000-0000-1 23.46 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 01-175-54000-0000-1 1.62 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 01-180-54000-0000-1 188.23 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 20-200-54000-0000-1 62.80 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 30-500-54000-0000-1 117.67 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 32-510-54000-0000-1 47.10 Gregs Petroleum Fuel INV 465382 06/25/24 07/07/2024 Fuel INV 465382 06/25/24 34-520-54000-0000-1 94.21 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 01-105-54000-0000-1 0.37 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 01-110-54000-0000-1 1.87 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 01-111-54000-0000-1 0.39 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 01-115-54000-0000-1 0.37 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 01-140-54000-0000-1 0.56 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 01-150-54000-0000-1 140.22 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 01-155-54000-0000-1 5.61 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 01-160-54000-0000-1 1.87 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 01-165-54000-0000-1 2.80 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 01-175-54000-0000-1 0.19 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 01-180-54000-0000-1 22.43 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 20-200-54000-0000-1 7.48 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 30-500-54000-0000-1 14.02 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 32-510-54000-0000-1 5.61 Gregs Petroleum Fuel INV 466134 06/30/24 07/07/2024 Fuel INV 466134 06/30/24 34-520-54000-0000-1 11.22 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 01-105-54000-0000-1 1.75 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 01-110-54000-0000-1 8.97 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 01-111-54000-0000-1 1.75

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 7 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 01-115-54000-0000-1 1.75 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 01-140-54000-0000-1 2.68 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 01-150-54000-0000-1 672.79 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 01-155-54000-0000-1 26.92 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 01-160-54000-0000-1 8.97 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 01-165-54000-0000-1 13.41 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 01-175-54000-0000-1 0.93 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 01-180-54000-0000-1 107.58 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 20-200-54000-0000-1 35.89 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 30-500-54000-0000-1 67.25 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 32-510-54000-0000-1 26.92 Gregs Petroleum Fuel INV 466530 06/28/24 07/07/2024 Fuel INV 466530 06/28/24 34-520-54000-0000-1 53.84 Vendor Gregs Petroleum - Gregs Petroleum Total: 5,197.44 Vendor: Haaker Equipment Co. - Haaker Equipment Co.

Haaker Equipment Co. INV C5A1SJ 07/07/2024 INV C5A1SJ Strainer and Parts 01-180-57400-0000-1 75.78 Haaker Equipment Co. DOC W5A0K4 07/08/2024 DOC W5A0K4 PO-56410 Vacu… 30-500-56430-0000-1 4,072.68 Haaker Equipment Co. DOC W5A0K4 (2) 07/08/2024 DOC W5A0K4 Vacuum Truck … 30-500-56430-0000-1 1,539.85 Vendor Haaker Equipment Co. - Haaker Equipment Co. Total: 5,688.31 Vendor: Home Depot - Home Depot
Home Depot Auth Code 027269/8521759 … 07/03/2024 CC #2532 Auth Code 027269/… 01-150-57400-0000-1 38.79 Home Depot CC #2532 06.19.24 07/03/2024 CC #2532 06.19.24 Water Dep…32-510-56410-0000-1 149.32 Home Depot CC #2532 06.21.24 07/03/2024 CC #2532 06.21.24 Streets De… 01-180-57400-0000-1 184.17 Home Depot INV 1972937 07/03/2024 INV 1972937 Water Dept Mai… 32-510-56410-0000-1 73.49 Home Depot INV 3972845 07/03/2024 INV 3972845 Street Departme…01-180-56410-0000-1 121.39 Home Depot INV 4973176 07/03/2024 INV 4973176 Streets Dept Key…01-180-56410-0000-1 62.33 Home Depot INV 8093553 07/08/2024 INV 8093553 RO System Brow…32-510-57400-0000-1 15.59 Home Depot INV.H8426-169329 07/08/2024 INV.H8426-169329 Tool cabin… 30-500-56410-0000-1 1,068.10 Vendor Home Depot - Home Depot Total: 1,713.18
Vendor: Interwest Consulting - Interwest Consulting Group, Inc Interwest Consulting Group, I… INV 424946 07/03/2024 INV 424946 InterWest Profess…01-160-51400-0000-1 180.00 Interwest Consulting Group, I… INV 448014 07/07/2024 INV 448014 Plan Review Jan 1 …01-160-51400-0000-1 9,496.25 Interwest Consulting Group, I… INV 533841 07/08/2024 INV 533841 InterWest Hourly … 01-160-51400-0000-1 3,870.00 Vendor Interwest Consulting - Interwest Consulting Group, Inc Total: 13,546.25 Vendor: John Hancock - John Hancock
John Hancock INV0027355 07/11/2024 401K - Employer 01-20800-0000-1 1,898.41 John Hancock INV0027355 07/11/2024 401K - Employer 30-20800-0000-1 1,769.91 John Hancock INV0027355 07/11/2024 401K - Employer 31-20800-0000-1 683.14 John Hancock INV0027355 07/11/2024 401K - Employer 32-20800-0000-1 1,639.93 John Hancock INV0027356 07/11/2024 401K - Employee 01-20800-0000-1 523.09 John Hancock INV0027356 07/11/2024 401K - Employee 20-20800-0000-1 94.78 John Hancock INV0027356 07/11/2024 401K - Employee 30-20800-0000-1 421.65 John Hancock INV0027356 07/11/2024 401K - Employee 31-20800-0000-1 270.19 John Hancock INV0027356 07/11/2024 401K - Employee 32-20800-0000-1 750.02 John Hancock INV0027357 07/11/2024 401K - Employer 20-20800-0000-1 245.55 John Hancock INV0027364 07/11/2024 401K Loan 2 01-20800-0000-1 2.98 John Hancock INV0027364 07/11/2024 401K Loan 2 30-20800-0000-1 4.47 John Hancock INV0027364 07/11/2024 401K Loan 2 32-20800-0000-1 4.46 John Hancock INV0027365 07/11/2024 401K Loan 2 01-20800-0000-1 99.46 John Hancock INV0027365 07/11/2024 401K Loan 2 30-20800-0000-1 99.47 John Hancock INV0027365 07/11/2024 401K Loan 2 31-20800-0000-1 99.47 John Hancock INV0027365 07/11/2024 401K Loan 2 32-20800-0000-1 99.44 John Hancock INV0027366 07/11/2024 401K Loan 3 01-20800-0000-1 35.73 John Hancock INV0027366 07/11/2024 401K Loan 3 30-20800-0000-1 26.80 John Hancock INV0027366 07/11/2024 401K Loan 3 32-20800-0000-1 26.80 John Hancock INV0027367 07/11/2024 401K Loan 4 01-20800-0000-1 46.35 John Hancock INV0027367 07/11/2024 401K Loan 4 30-20800-0000-1 34.77 John Hancock INV0027367 07/11/2024 401K Loan 4 32-20800-0000-1 34.76 John Hancock INV0027368 07/11/2024 401K Loan 4 34-20800-0000-1 75.00 John Hancock INV0027369 07/11/2024 401K Loan 5 34-20800-0000-1 69.21

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 8 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount John Hancock INV0027370 07/11/2024 401K Loan 4 01-20800-0000-1 145.51 John Hancock INV0027370 07/11/2024 401K Loan 4 20-20800-0000-1 4.49 John Hancock INV0027371 07/11/2024 401K Loan 4 01-20800-0000-1 51.07 John Hancock INV0027371 07/11/2024 401K Loan 4 20-20800-0000-1 1.58 John Hancock INV0027372 07/11/2024 401k Contribution 01-20800-0000-1 247.65 John Hancock INV0027373 07/11/2024 401k Contribution 01-20800-0000-1 474.53 John Hancock INV0027374 07/11/2024 401k Contribution 01-20800-0000-1 233.89 John Hancock INV0027374 07/11/2024 401k Contribution 20-20800-0000-1 7.25 John Hancock INV0027375 07/11/2024 401k Contribution 34-20800-0000-1 165.77 John Hancock INV0027376 07/11/2024 401k Contribution 01-20800-0000-1 229.55 John Hancock INV0027386 07/11/2024 401K - Employer 01-20800-0000-1 4,128.95 John Hancock INV0027386 07/11/2024 401K - Employer 30-20800-0000-1 15.86 John Hancock INV0027386 07/11/2024 401K - Employer 32-20800-0000-1 15.84 John Hancock INV0027387 07/11/2024 401K - Employee 01-20800-0000-1 3,641.86 John Hancock INV0027394 07/11/2024 401K Loan 1 01-20800-0000-1 89.29 John Hancock INV0027395 07/11/2024 401K Loan 1 01-20800-0000-1 109.43 John Hancock INV0027396 07/11/2024 401K Loan 1 01-20800-0000-1 512.62 John Hancock INV0027397 07/11/2024 401K Loan 2 01-20800-0000-1 117.75 John Hancock INV0027398 07/11/2024 401k Contribution 01-20800-0000-1 309.12 John Hancock INV0027399 07/11/2024 401k Contribution 01-20800-0000-1 350.46 John Hancock INV0027400 07/11/2024 401k Contribution 01-20800-0000-1 184.70 John Hancock INV0027401 07/11/2024 401k Contribution 01-20800-0000-1 300.46 John Hancock INV0027402 07/11/2024 401k Contribution 01-20800-0000-1 263.11 John Hancock INV0027403 07/11/2024 401k Contribution 01-20800-0000-1 653.84 John Hancock INV0027404 07/11/2024 401k Contribution 01-20800-0000-1 286.66 John Hancock INV0027405 07/11/2024 401k Contribution 01-20800-0000-1 283.34 John Hancock INV0027406 07/11/2024 401k Contribution 01-20800-0000-1 446.15 John Hancock INV0027407 07/11/2024 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0027408 07/11/2024 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0027409 07/11/2024 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0027410 07/11/2024 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0027411 07/11/2024 401K Contribition 01-20800-0000-1 400.00 Vendor John Hancock - John Hancock Total: 24,326.57
Vendor: Johnn Cabrera - Johnny Cabrera
Johnny Cabrera INV 10576 07/07/2024 INV 10576 Pruning Trees and C…20-200-52200-0000-1 5,500.00 Vendor Johnn Cabrera - Johnny Cabrera Total: 5,500.00
Vendor: J's Automotive - J's Automotive
J's Automotive Inv. 9692 07/08/2024 Inv. 9692 Quad Runner Honda…01-150-56600-0000-1 418.68 Vendor J's Automotive - J's Automotive Total: 418.68
Vendor: K.C. Waste - K.C. Waste
K.C. Waste June 2024 Gate Fees 07/07/2024 June 2024 Gate Fees 31-505-52800-0000-1 5,353.45 K.C. Waste May 2024 Gate Fees 07/07/2024 May 2024 Gate Fees 31-505-52800-0000-1 5,311.85 Vendor K.C. Waste - K.C. Waste Total: 10,665.30
Vendor: Kern Machinery - Kern Machinery
Kern Machinery INV 103-1160534 07/08/2024 INV 103-1160534 Tractor Repa…30-500-56430-0000-1 1,104.70 Vendor Kern Machinery - Kern Machinery Total: 1,104.70
Vendor: KOEFRAN - Koefran Industries, Inc.

Koefran Industries, Inc. Inv. 0000611350 07/08/2024 Inv. 0000611350 Monthly Serv…01-155-51100-0000-1 220.50 Vendor KOEFRAN - Koefran Industries, Inc. Total: 220.50 Vendor: KRC SAFETY CO INC - KRC SAFETY CO INC
KRC SAFETY CO INC INV 64446 07/07/2024 INV 64446 Street Project Paint 01-180-57400-0000-1 179.67 KRC SAFETY CO INC INV 64447 07/07/2024 INV 64447 Street Project Paint 01-180-57400-0000-1 637.06 Vendor KRC SAFETY CO INC - KRC SAFETY CO INC Total: 816.73 Vendor: LYNN PEAVEY COMPANY - LYNN PEAVEY COMPANY
LYNN PEAVEY COMPANY Inv. 410708 07/08/2024 Inv. 410708 - Operating Suppl…01-150-57400-0000-1 498.80 Vendor LYNN PEAVEY COMPANY - LYNN PEAVEY COMPANY Total: 498.80

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 9 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: meredith lindsay tis - Meredith Lindsay Tise
Meredith Lindsay Tise Inv. 1155 07/08/2024 Inv. 1155 Recovery of Human … 01-150-52000-0000-1 695.00 Vendor meredith lindsay tis - Meredith Lindsay Tise Total: 695.00 Vendor: Harbor Freight - Multi Service Technology Solutions, Inc Multi Service Technology Solut…CC #9662 06.24.24 07/03/2024 CC #9662 06.24.24 Harbor Fre…32-510-56410-0000-1 21.64 Vendor Harbor Freight - Multi Service Technology Solutions, Inc Total: 21.64 Vendor: Munguia - Munguia Heating & Air Conditioning
Munguia Heating & Air Condit… INV 7029-1 07/03/2024 INV 7029-1 Thermostat Remo… 32-510-56000-0000-1 295.00 Vendor Munguia - Munguia Heating & Air Conditioning Total: 295.00 Vendor: National Demographic - National Demographics Inc National Demographics Inc Inv1848 07/08/2024 Inv1848 Districting Consulting 01-140-56000-0000-1 23,250.00 Vendor National Demographic - National Demographics Inc Total: 23,250.00 Vendor: Nutrien Ag Solutions - Nutrien Ag Solutions, Inc.

Nutrien Ag Solutions, Inc. INV 54574084 07/03/2024 INV 54574084 Roundup Powe… 30-500-56410-0000-1 909.30 Nutrien Ag Solutions, Inc. INV 54706568 07/07/2024 INV 54706568 Reward Landsc… 01-180-57400-0000-1 530.97 Vendor Nutrien Ag Solutions - Nutrien Ag Solutions, Inc. Total: 1,440.27 Vendor: NVA Stiern Veterinar - NVA Stiern Veterinary Management LP NVA Stiern Veterinary Manag… Inv. 346391 07/08/2024 Inv. 346391 K-9 Khan Vaccinat…01-150-51150-0000-1 224.35 Vendor NVA Stiern Veterinar - NVA Stiern Veterinary Management LP Total: 224.35 Vendor: Office Depot - Office Depot
Office Depot INV 366155036001 07/03/2024 INV 366155036001 Keyboard,… 01-180-57200-0000-1 110.18 Office Depot INV 366156485001 07/03/2024 INV 366156485001 Sharpie 01-180-57200-0000-1 34.17 Office Depot INV 366710795001 07/03/2024 INV 366710795001 Gels Pens 01-180-57200-0000-1 80.39 Office Depot INV 366710819001 07/03/2024 INV 366710819001 Tape and … 01-180-57200-0000-1 27.33 Office Depot INV 375070387-001 07/09/2024 INV 375070387-001 Office Su… 01-140-57200-0000-1 14.22 Office Depot INV 375070387-001 07/09/2024 INV 375070387-001 Office Su… 01-160-57200-0000-1 38.19 Office Depot INV 375070387-001 07/09/2024 INV 375070387-001 Office Su… 01-165-57200-0000-1 21.10 Office Depot INV 375070387-001 07/09/2024 INV 375070387-001 Office Su… 01-175-57200-0000-1 14.91 Office Depot INV 375070547-001 07/11/2024 INV 375070547-001 Office Su… 01-165-57200-0000-1 1.92 Vendor Office Depot - Office Depot Total: 342.41
Vendor: Our Home Town, Inc - Our Home Town, Inc.

Our Home Town, Inc. July 2024 07/01/2024 Our Home Town.July 2024 01-130-56000-0000-1 338.53 Vendor Our Home Town, Inc - Our Home Town, Inc. Total: 338.53 Vendor: Pitney Bowes Global - Pitney Bowes Global
Pitney Bowes Global INV 3106695924 07/07/2024 INV 3106695924 04/10-07/09… 01-105-55600-0000-1 16.33 Pitney Bowes Global INV 3106695924 07/07/2024 INV 3106695924 04/10-07/09… 01-110-55600-0000-1 16.33 Pitney Bowes Global INV 3106695924 07/07/2024 INV 3106695924 04/10-07/09… 01-115-55600-0000-1 16.33 Pitney Bowes Global INV 3106695924 07/07/2024 INV 3106695924 04/10-07/09… 01-130-55600-0000-1 16.33 Pitney Bowes Global INV 3106695924 07/07/2024 INV 3106695924 04/10-07/09… 01-140-55600-0000-1 16.33 Pitney Bowes Global INV 3106695924 07/07/2024 INV 3106695924 04/10-07/09… 01-150-55600-0000-1 16.33 Pitney Bowes Global INV 3106695924 07/07/2024 INV 3106695924 04/10-07/09… 01-155-55600-0000-1 16.33 Pitney Bowes Global INV 3106695924 07/07/2024 INV 3106695924 04/10-07/09… 01-160-55600-0000-1 16.33 Pitney Bowes Global INV 3106695924 07/07/2024 INV 3106695924 04/10-07/09… 01-165-55600-0000-1 16.34 Pitney Bowes Global INV 3106695924 07/07/2024 INV 3106695924 04/10-07/09… 01-175-55600-0000-1 16.33 Pitney Bowes Global INV 3106695924 07/07/2024 INV 3106695924 04/10-07/09… 30-500-55600-0000-1 16.34 Pitney Bowes Global INV 3106695924 07/07/2024 INV 3106695924 04/10-07/09… 31-505-55600-0000-1 16.34 Pitney Bowes Global INV 3106695924 07/07/2024 INV 3106695924 04/10-07/09… 32-510-55600-0000-1 16.34 Vendor Pitney Bowes Global - Pitney Bowes Global Total: 212.33 Vendor: Pre-Paid Legal - Pre-Paid Legal
Pre-Paid Legal INV0024284 07/13/2023 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0024800 09/07/2023 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0024961 10/05/2023 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0025401 12/14/2023 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0025989 02/08/2024 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0026220 03/07/2024 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0026407 04/04/2024 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0026569 05/02/2024 Pre-Paid Legal 01-22500-0000-1 24.90

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 10 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Pre-Paid Legal INV0027137 06/13/2024 Pre-Paid Legal 01-22500-0000-1 24.90 Pre-Paid Legal INV0027393 07/11/2024 Pre-Paid Legal 01-22500-0000-1 24.90 Vendor Pre-Paid Legal - Pre-Paid Legal Total: 249.00
Vendor: Quad Knopf - Quad Knopf
Quad Knopf INV 123746 07/08/2024 INV 123746 Update to City St… 01-140-56000-0000-1 32,360.00 Quad Knopf INV 123764 07/08/2024 INV 123764 Update to City St… 01-140-56000-0000-1 8,640.00 Vendor Quad Knopf - Quad Knopf Total: 41,000.00
Vendor: PLATT - Rexel USA Supply
Rexel USA Supply INV 5H74479 07/08/2024 INV 5H74479 Operating Suppl… 20-200-57400-0000-1 168.76 Vendor PLATT - Rexel USA Supply Total: 168.76
Vendor: 661 Communications - Rodger C Goodman JR
Rodger C Goodman JR Inv. 1852 07/03/2024 Inv. 1852 Motorola Battery Eq…01-150-56800-0000-1 8,995.13 Vendor 661 Communications - Rodger C Goodman JR Total: 8,995.13 Vendor: SC SITES Services - SC SITES Services
SC SITES Services INV 51957 07/07/2024 INV 51957 Monthly Radio Dis… 01-180-57800-0000-1 70.00 SC SITES Services INV 51957 07/07/2024 INV 51957 Monthly Radio Dis… 32-510-57800-0000-1 70.00 SC SITES Services INV 51957 07/07/2024 INV 51957 Monthly Radio Dis… 34-520-57800-0000-1 70.00 Vendor SC SITES Services - SC SITES Services Total: 210.00 Vendor: SECURE SYSTEMS - SECURE SYSTEMS
SECURE SYSTEMS Secure Systems 03.01.24 R26… 07/03/2024 Secure Systems 03.01.24 R26… 01-150-52200-0000-1 43.00 SECURE SYSTEMS Secure Systems 03.01.24 R26… 07/03/2024 Secure Systems 03.01.24 R26… 01-155-52200-0000-1 52.00 SECURE SYSTEMS Secure Systems 03.01.24 R26… 07/03/2024 Secure Systems 03.01.24 R26… 01-190-52200-0000-1 121.00 SECURE SYSTEMS Secure Systems 03.01.24 R26… 07/03/2024 Secure Systems 03.01.24 R26… 32-510-52200-0000-1 156.00 SECURE SYSTEMS R270716 07/08/2024 R270716 07.01.2024 Secure S… 01-150-52200-0000-1 43.00 SECURE SYSTEMS R270716 07/08/2024 R270716 07.01.2024 Secure S… 01-155-52200-0000-1 52.00 SECURE SYSTEMS R270716 07/08/2024 R270716 07.01.2024 Secure S… 01-190-52200-0000-1 121.00 SECURE SYSTEMS R270716 07/08/2024 R270716 07.01.2024 Secure S… 30-500-52200-0000-1 52.00 SECURE SYSTEMS R270716 07/08/2024 R270716 07.01.2024 Secure S… 32-510-52200-0000-1 104.00 Vendor SECURE SYSTEMS - SECURE SYSTEMS Total: 744.00
Vendor: Silvia A. Jacquez - Silvia A. Jacquez
Silvia A. Jacquez INV0027349 07/03/2024 Rental Rental 06.23.24 Jacquez 01-24000-0000-1 350.00 Vendor Silvia A. Jacquez - Silvia A. Jacquez Total: 350.00 Vendor: Spay Neuter - Spay Neuter Imperative Project California Spay Neuter Imperative Projec…INV 9101 07/08/2024 INV 9101 Spay & Neuter 05/0… 01-155-51160-8450-1 7,500.00 Vendor Spay Neuter - Spay Neuter Imperative Project California Total: 7,500.00 Vendor: SPD - SPD
SPD Inv. 3196 07/08/2024 Inv. 3196 Administration Citat… 01-165-57400-0000-1 259.80 Vendor SPD - SPD Total: 259.80
Vendor: srn systems - SRN Systems Inc
SRN Systems Inc Inv 180088 07/08/2024 Inv 180088 SRN Barrier Syste… 01-150-52940-2412-1 4,998.88 Vendor srn systems - SRN Systems Inc Total: 4,998.88
Vendor: Standard Emulsions I - Standard Emulsions Inc
Standard Emulsions Inc INV 3147 07/03/2024 INV 3147 Tack Oil In Gallons 25-000-52910-0000-1 30.17 Standard Emulsions Inc INV 3071 07/08/2024 INV 3071 06.06.24 Pails of Em… 25-000-52910-0000-1 1,066.73 Vendor Standard Emulsions I - Standard Emulsions Inc Total: 1,096.90 Vendor: Statewide Safety - Statewide Saftey
Statewide Saftey INV 12019475 07/03/2024 INV 12019475 AWP Safety 32-510-56410-0000-1 524.61 Statewide Saftey INV 12019525 07/03/2024 INV 12019525 Lightweight U… 30-500-57400-0000-1 275.69 Vendor Statewide Safety - Statewide Saftey Total: 800.30 Vendor: tmobile - T Mobile USA Inc
T Mobile USA Inc INV0027425 07/08/2024 Acct# 992748243 - Police Dep… 01-150-57800-0000-1 1,503.64 T Mobile USA Inc INV0027425 07/08/2024 Acct# 992748243 - Animal Con…01-155-57800-0000-1 119.82 Vendor tmobile - T Mobile USA Inc Total: 1,623.46
Vendor: T&T PAVEMENT MARKING - T&T PAVEMENT MARKING AND PRODUCTS INC T&T PAVEMENT MARKING A… INV 2024177 07/08/2024 INV 2024177 Elmo Highway w… 01-180-56000-0000-1 5,767.00 Vendor T&T PAVEMENT MARKING - T&T PAVEMENT MARKING AND PRODUCTS INC Total: 5,767.00

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 11 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: Bakersfield Cal. - The Bakersfield Californian
The Bakersfield Californian Bakersfield Californian Ad 06.… 07/07/2024 Bakersfield Californian Ad 06.… 32-510-55800-0000-1 305.36 Vendor Bakersfield Cal. - The Bakersfield Californian Total: 305.36 Vendor: Torpedo - Torpedo Pest Control
Torpedo Pest Control INV 1865 07/07/2024 INV 1865 City Hall Monthly Pe…01-185-52200-0000-1 100.00 Torpedo Pest Control INV 1865 07/07/2024 INV 1865 City Hall Monthly Pe…01-190-52200-0000-1 100.00 Torpedo Pest Control INV 1977 07/07/2024 INV 1977 City Hall Monthly Pe…01-185-52200-0000-1 100.00 Torpedo Pest Control INV 1977 07/07/2024 INV 1977 City Hall Monthly Pe…01-190-52200-0000-1 100.00 Vendor Torpedo - Torpedo Pest Control Total: 400.00
Vendor: Triple Crown Fence - Triple Crown Fence Co., Inc.

Triple Crown Fence Co., Inc. INV 2432 07/03/2024 INV 2432 Fencing 30-500-56410-0000-1 850.00 Vendor Triple Crown Fence - Triple Crown Fence Co., Inc. Total: 850.00 Vendor: ultrex management - Ultrex Management Services LLC Ultrex Management Services L…Inv 4090629 07/08/2024 Inv 4090629 CN27737-01 (Dis… 01-150-52200-0000-1 149.10 Vendor ultrex management - Ultrex Management Services LLC Total: 149.10 Vendor: unruh ventures llc - Unruh Ventures LLC
Unruh Ventures LLC WO #R8457 07/08/2024 WO #R8457 Replacement Key… 01-150-56000-0000-1 29.07 Vendor unruh ventures llc - Unruh Ventures LLC Total: 29.07 Vendor: VCA Animal Hos - VCA Animal Hospitals Inc
VCA Animal Hospitals Inc Inv. 5370679609 07/03/2024 Inv. 5370679609 Animal Care/…01-155-51150-0000-1 350.50 Vendor VCA Animal Hos - VCA Animal Hospitals Inc Total: 350.50 Vendor: Verizon - Police Dep - Verizon - Police Dep
Verizon - Police Dep INV 9966495901 07/07/2024 INV 9966495901 May 24 Polic… 01-105-57800-0000-1 227.09 Verizon - Police Dep INV 9966495901 07/07/2024 INV 9966495901 May 24 Polic… 01-115-57800-0000-1 12.57 Verizon - Police Dep INV 9966495901 07/07/2024 INV 9966495901 May 24 Polic… 01-140-57800-0000-1 25.13 Verizon - Police Dep INV 9966495901 07/07/2024 INV 9966495901 May 24 Polic… 01-160-57800-0000-1 8.38 Verizon - Police Dep INV 9966495901 07/07/2024 INV 9966495901 May 24 Polic… 01-165-57800-0000-1 8.38 Verizon - Police Dep INV 9966495901 07/07/2024 INV 9966495901 May 24 Polic… 30-500-57800-0000-1 12.57 Verizon - Police Dep INV 9966495901 07/07/2024 INV 9966495901 May 24 Polic… 31-505-57800-0000-1 12.57 Verizon - Police Dep INV 9966495901 07/07/2024 INV 9966495901 May 24 Polic… 32-510-57800-0000-1 4.18 Vendor Verizon - Police Dep - Verizon - Police Dep Total: 310.87 Vendor: Vernon C. Sorenson - Vernon C. Sorenson
Vernon C. Sorenson Inv. 00548754-00 07/03/2024 Inv. 00548754-00 P. Cervantes 01-115-56000-0000-1 80.00 Vernon C. Sorenson Inv. 00550571-00 07/03/2024 Inv. 00550571-00 V. Ollague 01-150-56000-0000-1 230.00 Vernon C. Sorenson Inv. 00548892-00 07/08/2024 Inv. 00548892-00 P. Cervantes 01-115-56000-0000-1 65.00 Vendor Vernon C. Sorenson - Vernon C. Sorenson Total: 375.00 Vendor: Visual Edge - Visual Edge IT, Inc.

Visual Edge IT, Inc. INV 24AR1856916 07/07/2024 INV 24AR1856916 Monthly C… 01-130-54800-0000-1 490.80 Vendor Visual Edge - Visual Edge IT, Inc. Total: 490.80 Vendor: Rain for Rent - Western Oilfields Supply Company Western Oilfields Supply Com… INV 2017633 07/03/2024 INV 2017633 Water Dept. Mai…32-510-56410-0000-1 334.25 Vendor Rain for Rent - Western Oilfields Supply Company Total: 334.25 Grand Total: 693,557.74

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 12 of 15
Report Summary
Fund Summary
Fund Payment Amount
01 - GENERAL FUND 458,106.24
20 - LIGHTING & LANDSCAPING-DISTRICT 1 16,612.22
25 - CAPITAL IMPROVEMENTS PROJECTS 23,681.90
30 - SEWER 68,214.49
31 - REFUSE/RECYCLING 25,056.14
32 - WATER 97,424.02
34 - PUBLIC TRANSPORTATION 4,462.73
Grand Total: 693,557.74
Account Summary
Account Number Account Name Payment Amount
01-105-50600-0000-1 Workers Compensation … 114.70
01-105-54000-0000-1 Fuel 8.84
01-105-54400-0000-1 Insurance - CSJV Rsk M… 362.03
01-105-55600-0000-1 Postage 16.33
01-105-57800-0000-1 Telephone & Communic… 227.09
01-110-50600-0000-1 Workers Compensation … 516.14
01-110-54000-0000-1 Fuel 45.21
01-110-54400-0000-1 Insurance - CSJV Rsk M… 3,330.64
01-110-55600-0000-1 Postage 16.33
01-111-50600-0000-1 Workers Compensation … 262.17
01-111-54000-0000-1 Fuel 8.86
01-111-54400-0000-1 Insurance - CSJV Rsk M… 917.13
01-112-50600-0000-1 Workers Compensation … 868.43
01-112-54400-0000-1 Insurance - CSJV Rsk M… 675.78
01-115-50600-0000-1 Workers Compensation … 221.20
01-115-54000-0000-1 Fuel 8.84
01-115-54400-0000-1 Insurance - CSJV Rsk M… 2,051.48
01-115-55600-0000-1 Postage 16.33
01-115-56000-0000-1 Professional Services - O… 145.00
01-115-57800-0000-1 Telephone & Communic… 12.57
01-130-54800-0000-1 Maintenance Agreements 490.80
01-130-55600-0000-1 Postage 16.33
01-130-56000-0000-1 Professional Services - O… 16,862.46 01-140-50600-0000-1 Workers Compensation … 2,146.49
01-140-54000-0000-1 Fuel 13.51
01-140-54400-0000-1 Insurance - CSJV Rsk M… 4,995.97
01-140-55600-0000-1 Postage 16.33
01-140-56000-0000-1 Professional Services - O… 92,115.00 01-140-56000-8150-1 Professional Services - T… 4,225.00 01-140-56000-8472-1 Professional Services - In… 2,335.00 01-140-56000-8477-1 Professional Services - P… 2,946.50 01-140-57200-0000-1 Supplies - Office 14.22
01-140-57800-0000-1 Telephone & Communic… 25.13
01-150-50600-0000-1 Workers Compensation … 38,595.81
01-150-51150-0000-1 Dog Clinic (Vet Services f… 224.35
01-150-52000-0000-1 Conferences/Meetings/T… 695.00
01-150-52200-0000-1 Contract Services 317.90
01-150-52940-0000-1 Vehicles (Capital) 5,000.00
01-150-52940-2412-1 Vehicles (Capital) - CHP … 12,656.45 01-150-54000-0000-1 Fuel 3,390.28
01-150-54400-0000-1 Insurance - CSJV Rsk M… 118,503.35
01-150-55600-0000-1 Postage 16.33
01-150-56000-0000-1 Professional Services - O… 259.07
01-150-56600-0000-1 Repairs & Maintenance -… 418.68
01-150-56800-0000-1 Safety Equipment 8,995.13
01-150-57400-0000-1 Supplies - Operating 537.59

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 13 of 15
Account Summary
Account Number Account Name Payment Amount
01-150-57800-0000-1 Telephone & Communic… 1,503.64
01-155-50600-0000-1 Workers Compensation … 2,039.98
01-155-51100-0000-1 Animal Disposal 220.50
01-155-51150-0000-1 Dog Clinic 350.50
01-155-51160-8450-1 Spay and Neuter Fees 7,500.00
01-155-52200-0000-1 Contract Services 104.00
01-155-54000-0000-1 Fuel 135.65
01-155-54400-0000-1 Insurance - CSJV Rsk M… 3,427.18
01-155-55600-0000-1 Postage 16.33
01-155-56600-0000-1 Repairs & Maintenance -… 296.42
01-155-57800-0000-1 Telephone & Communic… 119.82
01-160-50600-0000-1 Workers Compensation … 1,441.92
01-160-51400-0000-1 Builiding Plan Check/Ins… 13,546.25 01-160-54000-0000-1 Fuel 45.21
01-160-54400-0000-1 Insurance - CSJV Rsk M… 4,271.91
01-160-55600-0000-1 Postage 16.33
01-160-57200-0000-1 Supplies - Office 38.19
01-160-57800-0000-1 Telephone & Communic… 8.38
01-165-50600-0000-1 Workers Compensation … 1,122.40
01-165-54000-0000-1 Fuel 67.58
01-165-54400-0000-1 Insurance - CSJV Rsk M… 3,451.32
01-165-55600-0000-1 Postage 16.34
01-165-57200-0000-1 Supplies - Office 23.02
01-165-57400-0000-1 Supplies - Operating 259.80
01-165-57800-0000-1 Telephone & Communic… 8.38
01-175-50600-0000-1 Workers Compensation … 1,179.75
01-175-54000-0000-1 Fuel 4.67
01-175-54400-0000-1 Insurance - CSJV Rsk M… 1,689.46
01-175-55600-0000-1 Postage 16.33
01-175-57200-0000-1 Supplies - Office 14.91
01-180-50600-0000-1 Workers Compensation … 4,465.02
01-180-51800-0000-1 Clothing Allowance 553.71
01-180-54000-0000-1 Fuel 542.10
01-180-54400-0000-1 Insurance - CSJV Rsk M… 14,046.63
01-180-56000-0000-1 Professional Services - O… 5,767.00 01-180-56410-0000-1 Repairs & Maintenance … 3,455.58
01-180-56500-0000-1 Repairs/Maintenance St… 2,748.75
01-180-57200-0000-1 Supplies - Office 252.07
01-180-57400-0000-1 Supplies - Operating 1,617.89
01-180-57800-0000-1 Telephone & Communic… 70.00
01-185-52200-0000-1 Contract Services 200.00
01-185-57800-0000-1 Telephone & Communic… 99.51
01-190-50600-0000-1 Workers Compensation … 884.81
01-190-52200-0000-1 Contract Services 442.00
01-20800-0000-1 Pension Payable 17,665.96
01-22050-0000-1 Federal Withholding Pay… 10,449.41
01-22100-0000-1 FICA Payable 15,311.20
01-22150-0000-1 Medicare Payable 3,580.94
01-22200-0000-1 State Withholding Payab… 6,018.06
01-22250-0000-1 SUTA Payable 62.02
01-22275-0000-1 ETT Payable 1.32
01-22500-0000-1 Pre-Paid Legal 249.00
01-22600-0000-1 Health FSA 54.02
01-22700-0000-1 Disablity LTD 172.51
01-22800-0000-1 Accident 19.34
01-22900-0000-1 Life 89.91
01-22950-0000-1 Cancer-American Fidelity 13.53
01-24000-0000-1 Deposits 700.00

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 14 of 15
Account Summary
Account Number Account Name Payment Amount
20-200-50600-0000-1 Workers Compensation … 2,736.36
20-200-51800-0000-1 Clothing Allowance 103.52
20-200-52200-0000-1 Contract Services 5,500.00
20-200-52950-0000-1 Equipment-Other (Capita… 4,817.01
20-200-54000-0000-1 Fuel 180.86
20-200-54400-0000-1 Insurance- CSJ Risk Man… 2,244.56
20-200-57400-0000-1 Supplies - Operating 168.76
20-20800-0000-1 Pension Payable 353.65
20-22050-0000-1 Federal Withholding Pay… 50.27
20-22100-0000-1 FICA Payable 324.20
20-22150-0000-1 Medicare Payable 75.82
20-22200-0000-1 State Withholding Payab… 44.55
20-22900-0000-1 Life 12.66
25-000-52910-0000-1 Buildings & Improvemen… 1,096.90
25-000-52960-2402-1 Street & Roads (Capital) 10,215.00
25-000-52960-2404-1 Street & Roads (Capital) 12,370.00
30-20800-0000-1 Pension Payable 2,372.93
30-22050-0000-1 Federal Withholding Pay… 870.27
30-22100-0000-1 FICA Payable 2,547.74
30-22150-0000-1 Medicare Payable 595.92
30-22200-0000-1 State Withholding Payab… 798.60
30-22600-0000-1 Health FSA 26.09
30-22700-0000-1 Disablity LTD 35.70
30-22800-0000-1 Accident 27.45
30-22900-0000-1 Life 35.80
30-500-50600-0000-1 Workers Compensation … 10,388.34
30-500-51800-0000-1 Clothing Allowance 905.91
30-500-52200-0000-1 Contract Services 537.55
30-500-52910-0000-1 Buildings & Improvemen… 1,927.93
30-500-54000-0000-1 Fuel 338.87
30-500-54400-0000-1 Insurance - CSJV Rsk M… 33,620.19
30-500-55600-0000-1 Postage 16.34
30-500-56410-0000-1 Repairs & Maintenance … 3,391.86
30-500-56430-0000-1 Repairs & Maintenance -… 6,717.23
30-500-56600-0000-1 Repairs & Maintenance -… 949.74
30-500-57400-0000-1 Supplies - Operating 1,427.46
30-500-57800-0000-1 Telephone & Communic… 12.57
30-500-58200-0000-1 Water/Soil/Other Analys… 670.00
31-20800-0000-1 Pension Payable 1,052.80
31-22050-0000-1 Federal Withholding Pay… 352.95
31-22100-0000-1 FICA Payable 918.08
31-22150-0000-1 Medicare Payable 214.78
31-22200-0000-1 State Withholding Payab… 320.77
31-22700-0000-1 Disablity LTD 11.65
31-22900-0000-1 Life 8.12
31-505-50600-0000-1 Workers Compensation … 1,925.28
31-505-52800-0000-1 County Waste Managem… 10,665.30
31-505-54400-0000-1 Insurance - CSJV Rsk M… 9,557.50
31-505-55600-0000-1 Postage 16.34
31-505-57800-0000-1 Telephone & Communic… 12.57
32-20800-0000-1 Pension Payable 2,571.25
32-22050-0000-1 Federal Withholding Pay… 642.67
32-22100-0000-1 FICA Payable 2,953.12
32-22150-0000-1 Medicare Payable 690.42
32-22200-0000-1 State Withholding Payab… 703.37
32-22600-0000-1 Health FSA 26.08
32-22700-0000-1 Disablity LTD 14.30
32-22900-0000-1 Life 8.98

Expense Approval Report Payment Dates: 6/29/2024 - 7/12/2024 7/18/2024 7:35:05 AM Page 15 of 15
Account Summary
Account Number Account Name Payment Amount
32-510-50600-0000-1 Workers Compensation … 11,559.90
32-510-51800-0000-1 Clothing Allowance 698.04
32-510-52200-0000-1 Contract Services 260.00
32-510-54000-0000-1 Fuel 135.65
32-510-54400-0000-1 Insurance - CSJV Rsk M… 36,419.87
32-510-55600-0000-1 Postage 16.34
32-510-55800-0000-1 Printing & Legal Notices 305.36
32-510-56000-0000-1 Professional Services - O… 25,821.31 32-510-56410-0000-1 Repairs & Maintenance- … 10,005.42
32-510-57400-0000-1 Supplies - Operating 1,115.54
32-510-57800-0000-1 Telephone & Communic… 174.81
32-510-58200-0000-1 Water/Soil/Other Analys… 3,301.59
34-20800-0000-1 Pension Payable 309.98
34-22050-0000-1 Federal Withholding Pay… 100.24
34-22100-0000-1 FICA Payable 206.92
34-22150-0000-1 Medicare Payable 48.40
34-22200-0000-1 State Withholding Payab… 41.02
34-22700-0000-1 Disablity LTD 30.76
34-22800-0000-1 Accident 15.41
34-22900-0000-1 Life 57.99
34-22950-0000-1 Cancer-American Fidelity 24.77
34-520-50600-0000-1 Workers Compensation … 1,458.30
34-520-54000-0000-1 Fuel 271.31
34-520-54400-0000-1 Insurance - CSJV Rsk M… 1,786.00
34-520-56600-0000-1 Repairs & Maintenance -… 41.63
34-520-57800-0000-1 Telephone & Communic… 70.00
Grand Total: 693,557.74
Project Account Summary
Project Account Key Payment Amount
**None** 693,557.74
Grand Total: 693,557.74

REGULAR CITY COUNCIL MINUTES

IN PERSON MEETING
June 27, 2024

MCFARLAND CITY COUNCIL

MCFARLAND SUCCESSOR AGENCY

MCFARLAND PUBLIC FINANCE AUTHORITY

MCFARLAND IMPROVEMENT AUTHORITY

MCFARLAND PARKING AUTHORITY

CALL TO ORDER
Mayor Ayon called the meeting to order at 6:00 PM

ROLL CALL
Councilmembers Present: Mayor S. Ayon, Vice Mayor Cano, Councilmember Ayon, Councilmember Gonzalez, Councilmember Pérez

OFFICIALS PRESENT
City Manager Viramontes, City Attorney Hodges, Chief Knox, Community Development Director/Interim City Clerk Saldana, Public Works Director Hernandez, Human Resources Director McCuan

INVOCATION
Offered by Councilmember Gonzales

PLEDGE OF ALLEGIANCE
Councilmember Perez

APPROVE AGENDA AS TO FORM
Motion by Perez, second by Gonzales to approve agenda as to form.

Roll Call Vote:

AYES: S. Ayon, Cano, A. Ayon, Gonzalez, Pérez
NOES: None
ABSENT:

PASSED 5-0

FEATURED PET
Chief Knox introduced the featured pet Star

PRESENTATIONS, INTRODUCTIONS AND AWARDS

1. Presentation by Fire Chief Joe Appleton on illegal fireworks during 4th of July celebrations.

PUBLIC COMMENT
No public comments.

DEPARTMENTAL REPORTS
None

CONSENT AGENDA

2. APPROVAL OF EXPENSE REPORT IN THE AMOUNT OF $558,999.54 FROM 6/1/2024 TO 6/14/2024.

3. APPROVAL OF JUNE 13, 2024 REGULAR MEETING MINUTES.

4. APPROVAL OF RESOLUTION NO. 2024-74 A RESOLUTION OF THE CITY

COUNCIL

OF THE CITY OF MCFARLAND APPROVING THE REQUEST BY WASTE MANAGEMENT FOR A SERVICE RATE INCREASE OF 3.27% AND

ACKNOWLEDGING
THE GATE FEE INCREASE OF 5.43% APPROVED BY KERN COUNTY.

5. APPROVAL OF RESOLUTION NO. 2024-81 A RESOLUTION OF THE CITY

COUNCIL

OF THE CITY OF MCFARLAND ADOPTING A WORKPLACE VIOLENCE

PREVENTION
PROGRAM (WVPP).

6. APPROVAL OF RESOLUTION NO. 2024-83 A RESOLUTION OF THE CITY

COUNCIL

OF THE CITY OF MCFARLAND ADOPTING REVISED DEVELOPMENT
STANDARDS.

7. APPROVAL OF RESOLUTION NO. 2024-77 A RESOLUTION OF THE CITY

COUNCIL

OF THE CITY OF MCFARLAND APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2024-2025 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
OF 2017.

8. APPROVAL OF RESOLUTION NO. 2024-80 A RESOLUTION OF THE CITY

COUNCIL

OF THE CITY OF MCFARLAND APPROVING AN APPROPRIATION FOR THE

REPLACEMENT OF THE STORAGE TANK CLA- VAL AND THE USE OF FUNDS FROM
THE CITY’S ENTERPRISE FUND (WATER) FOR ASSOCIATED COSTS.

Recommended Action: Approve the Consent Calander
Public Comment: None
Council Action: It was moved by Perez second by Gonzales to approve the Consent Calander as presented.

Roll Call Vote:

AYES: S. Ayon, Cano, A. Ayon, Gonzalez, Pérez
NOES: None
ABSENT:

PASSED 5-0

PUBLIC HEARINGS

9. APPROVAL OF RESOLUTION NO. 2024-76 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND UPDATING AND ESTABLISHING USER AND REGULATORY FEES.

Senior City Planner DeLeon introduced planning consultant who presented staff report. Mayor opened the public hearing at 6:20. Being no comment, public hearing was closed.

Motion by Councilmember Ayon, second by Vice Mayor Cano to approve Resolution 2024-76.

Roll Call Vote:

AYES: S. Ayon, Cano, A. Ayon, Gonzalez, Pérez
NOES: None
ABSENT:

PASSED 5-0

ADMINISTRATIVE AGENDA

10. APPROVAL OF RESOLUTION NO. 2024-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING THE CITY’S ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR 2024-25 AND 2024-29 CAPITAL IMPROVEMENT PROGRAM.

City Manager/Finance Director provided the staff report.

Motion by Vice Mayor Cano, second by Councilmember Ayon to approve Resolution 2024-78.

Roll Call Vote:

AYES: S. Ayon, Cano, A. Ayon, Gonzalez, Pérez
NOES: None
ABSENT:

PASSED 5-0

11. APPROVAL OF RESOLUTION NO. 2024-79 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2024-25.

City Manager/Finance Director provided the staff report.

Motion by Councilmember Ayon, second by Vice Mayor Cano to approve Resolution 2024-79.

Roll Call Vote:

AYES: S. Ayon, Cano, A. Ayon, Gonzalez, Pérez
NOES: None
ABSENT:

PASSED 5-0

12. APPROVAL OF RESOLUTION NO. 2024-71 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND APPROVING FUNDS FROM THE CITY'S COMMUNITY

GRANT PROGRAM TO THE MCFARLAND RECREATION FOUNDATION FOR THE INDEPENDENCE DAY FIREWORK EVENT.

Mayor Ayon asked to table the item since there was no representative from the Foundation.

Motion by Councilmember Gonzales, second by Vice Mayor Cano to approve Resolution 2024-

76. Roll Call Vote:

AYES: S. Ayon, Cano, A. Ayon, Gonzalez, Pérez
NOES: None
ABSENT:

PASSED 5-0

REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT

MEETINGS
a. Kern Council of Governments (KCOG) Council member Perez provided update. b. Kern Economic Development Corp. (KEDC) Meeting rescheduled to July. c. Kern Local Agency Formation Commission (LAFCO) Mayor Ayon provided update. d. Delano Mosquito Abatement District (DMAD) Vice Mayor Cano provided update.

COUNCIL STATEMENTS AND REPORTS
Council members provided comments on the budget and the projects that have been completed.

Motion by Ayon, Second by Perez to adjourn to closed session.

Roll Call Vote:

AYES: S. Ayon, Cano, A. Ayon, Gonzalez, Pérez
NOES: None
ABSENT:

PASSED 5-0
Council adjourned to closed session at 6:35

CLOSED SESSION

13. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (§ 54956.9):

DOES V. CITY OF MCFARLAND, KERN COUNTY SUPERIOR COURT, CASE NO. BCV20-101980.

ADJOURNMENT
Reportable Action: Council gave approval to enter into a stipulation whereby Plaintiff's dismissed their lawsuit with prejudice for a waiver of fees and costs.

Motion by Ayon, second by Cano to adjourn
Roll Call Vote:

AYES: S. Ayon, Cano, A. Ayon,
NOES: None
ABSENT: Gonzalez, Pérez
PASSED 3-0-2
Meeting adjourned at 7:00 pm.
_______________________________
Paul M. Saldana, Interim City Clerk

REGULAR CITY COUNCIL MINUTES

IN PERSON MEETING
July 11, 2024

MCFARLAND CITY COUNCIL

MCFARLAND SUCCESSOR AGENCY

MCFARLAND PUBLIC FINANCE AUTHORITY

MCFARLAND IMPROVEMENT AUTHORITY

MCFARLAND PARKING AUTHORITY

CALL TO ORDER
Mayor Ayon called the meeting to order at 6:00 PM

ROLL CALL
Councilmembers Present: Mayor S. Ayon, Vice Mayor Cano, Councilmember Ayon Councilmembers Absent: Councilmember Gonzalez, Councilmember Pérez

OFFICIALS PRESENT
City Manager Viramontes, City Attorney Hodges, Chief Knoz, Community Development Director/Interim City Clerk Saldana, Public Works Director Hernandez, Human Resources Director McCuan

INVOCATION
Vice Mayor Cano

PLEDGE OF ALLEGIANCE
Councilmember A. Ayon

FEATURED PET
Chief Knox introduced the featured pet Carlos

PRESENTATIONS, INTRODUCTIONS AND AWARDS

1. Assemblywoman Dr. Jasmeet Bains provided overview and status of AB 2357 to locate a medical school in Kern County.

PUBLIC COMMENT
No public comments.

DEPARTMENTAL REPORTS
None

CONSENT AGENDA

2. Approval of Expense Report in the Amount of $454,146.71 from 6/15/2024 to 6/28/2024.

3. Approval of Payroll Report for the Month of June 2024 in the Amount of $338,377.86.

4. APPROVAL OF RESOLUTION NO. 2024-84 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND APPROVING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF MCFARLAND AND KERN COUNTY

SHERIFF.

5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND

AUTHORIZING AMENDMENTS TO AGREEMENTS FOR BUILDING INSPECTION, PLAN CHECK AND PLANNING SERVICES.

6. APPROVAL OF RESOLUTION NO. 2024-86 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND APPROVING AN AGREEMENT BETWEEN MCFARLAND AND QK, INC.

Recommended Action: Approve the Consent Calander
Public Comment: None
Council Action: It was moved by Cano second by A. Ayon to approve the Consent Calander as presented.

Roll Call Vote:

AYES: S. Ayon, Cano, A. Ayon,
NOES: None
ABSENT: Gonzalez, Pérez
PASSED 3-0-2

PUBLIC HEARINGS

7. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND ADDING CHAPTER 20, “UNAUTHORIZED ENCAMPMENTS AND PROHIBITED ACTIVITIES ON PUBLIC PROPERTY” TO TITLE 9 OF THE MCFARLAND MUNICIPAL CODE Community Development Director provided staff report. Mayor opened the public hearing at 6:15 and received question regarding if the ordinance deals with homelessness. Mayor closed Public Hearing at 6:17.

Motion by Councilmember Ayon, second by Vice Mayor Cano to introduce Ordinance No. 2024-10 by title “ Adding Chapter 20 ‘Unauthorized Encampments and Prohibited Activities on Public Property’ to Title 9 of the McFarland Municipal Code”; waive further reading of Ordinance 2024-10 and approve Ordinance 2024-10; and schedule the second reading and adoption of Ordinance No. 2024-10 City Council meeting of July 25, 2024 or a later date, inclusive of any revisions agreed to by the McFarland City Council.

Roll Call Vote:

AYES: S. Ayon, Cano, A. Ayon,
NOES: None
ABSENT: Gonzalez, Pérez
PASSED 3-0-2

ADMINISTRATIVE AGENDA
None

REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT

MEETINGS

COUNCIL STATEMENTS AND REPORTS
Mayor Ayon introduced members of Mujeres Activas who were present and recognized their work in the community and in particular with maintaining the Community Garden.

CLOSED SESSION
None

ADJOURNMENT

Motion by A. Ayon, second by Cano to adjourn
Roll Call Vote:

AYES: S. Ayon, Cano, A. Ayon,
NOES: None
ABSENT: Gonzalez, Pérez
PASSED 3-0-2
Meeting adjourned at 6:24 pm.
_______________________________
Paul M. Saldana, Interim City Clerk

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 8.

Section: CONSENT AGENDA
Meeting Date: July 25, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Paul Saldaña , Community Development Director
SUBJECT: Authorize City Manager to execute subscription agreement with Civics Plus for the NextRequest software to manage public records requests.

SUMMARY:

City staff previewed a software solution NextRequest which is a component of the CIty's current public facing software system CivicsPlus which manages the City's website and agenda systems. NextRequest provides automation of the public records request process.

The system will provide for a public interface on the City's website and a portal for those seeking public records to check the status of their request. It will allow for City staff to monitor and respond in a timely basis and post, where applicable, public records requests on the City's website for others who may be seeking the same information. The system provides a tracking system and metrics that will allow staff to monitor the responses to requests to ensure they are completed in a timely manner.

FINANCIAL IMPACT:

First year subscription cost of $4,494, the expense was included in the City's 2024-25 budget.

RECOMMENDATION:

City Council authorize the City Manager to enter into agreement with NextRequest.

ATTACHMENTS:

1. NextRequest Solution Overview 2024

2. McFarland, CA - NextRequest SOW

The CivicPlus® NextRequest
Records Request Portal Solution
Increase efficiency, elevate compliance, mitigate risk, improve public trust, ensure security, and streamline end-to-end records request management with an all-in-one, centralized solution. 888-228-2233 | CivicPlus.com
10 Min Read

03 Why Choose CivicPlus
Go to Section
04 Increase Efficiency
Go to Section
05 Elevate Compliance
Go to Section
06 Mitigate Risk
Go to Section
07 Improve Public Trust
Go to Section
08 Ensure Security
Go to Section
09 Take the Next Step
Go to Section
Contents
“Before implementing NextRequest,
[records requests] took either the full 10
days or we had to ask for extensions.”
– Deputy City Clerk, Fairfield, CA
888-228-2233 | CivicPlus.com

Why Choose CivicPlus
CivicPlus is a trusted technology company dedicated to empowering government staff and powering exceptional digital experiences for residents. With a comprehensive suite of solutions that combine to form THE Modern Civic Experience Platform, we strive to create one-stop, frictionless interactions that delight residents and help staff collaborate and work efficiently. As a result, government administrations that choose CivicPlus realize greater trust and satisfaction among their community members. • Award-winning customer support
• Bundled discounting opportunities
• User-friendly, cloud-based software
• Modular, integrable software options
• Solutions that scale by need and budget
• Customer-driven roadmap for
technology enhancements
• 99.99% uptime and AWS-secure data storage
Backed by over 25 years of experience and leveraging the insights of more than 850 team members, our solutions are chosen by over 10,000 global entities and are used daily by over 340 million people in the U.S. and Canada.

Those entities and people appreciate our:
888-228-2233 | CivicPlus.com

Increase Efficiency
Optimize the entire records request management process from request to release.

Lose the paper trail and go digital. CivicPlus’ NextRequest solution is a public records request management software purpose-built for government entities of all sizes to:
• Empower the public to self-service and pay online, submitting records requests through an easy-to-use digital portal.
• Divert requesters by publishing requests for repeat items and leveraging realtime keyword alerts on the intake page to redirect requesters to areas where information is already available (like on your CivicPlus website). • Route requests to staff automatically, track fulfillment progress, auto-detect and redact sensitive information at the individual and batch levels, and release records to requesters or the public at large with ease. • Fulfill public records requests in a timely manner, even as the number, frequency, and complexity of requests grow annually.
• Centralize records request management in an all-in-one solution, providing a single historical record. Instead of working from a spreadsheet to track, Adobe® to redact, a file-sharing program to collaborate or send records, email to communicate, etc., everything is done from a centralized platform. • Customize recurring and ad-hoc reports and leverage visual dashboards to identify trends.
• Coordinate across departments, set roles, and configure request routes with automated workflows.

Save your team hours every week by automating your workflow with NextRequest’s RapidReview module. RapidReview helps you extract files, redact across documents, leave comments, automate redaction logs, and autosave work as you go – improving redaction and review efficiency by allowing for collaboration, drafting, batch redacting, and record staging. “NextRequest has saved me
time, paper, and worry about
staying up to date with the
status of each request.”
– Director of Communications,
Judson Independent School
District, Live Oak, TX
888-228-2233 | CivicPlus.com

Elevate Compliance
Increase process efficiency and accuracy to reduce errors effectively and improve compliance.

Since 1967, The Freedom of Information Act (FOIA) has allowed the public to request records from federal agencies.

All 50 states and the District of Columbia have similar laws and statutes that may include different requirements and exemptions. To ensure compliance, it’s vital for local governments to understand their state’s laws and statutes.

Adopting an automated, all-in-one system, like the CivicPlus NextRequest solution, helps local governments improve the efficiency and accuracy of their records request management processes, effectively reducing errors to improve compliance. The CivicPlus NextRequest solution supports this by providing agencies the ability to:
“Prior to NextRequest, we struggled with tracking,
time management, and redactions.”
– Municipal Clerk, The Borough of Belmar, NJ
In the event of an accountability audit, having easy
access to all public records is crucial. If public
records are in a state that hinders access to freely
available information, an agency may be held
accountable for failing to protect public resources
and could face consequences for non-compliance.
• Track records requests, communications, and
document production for proof of compliance.
• Detect and redact sensitive information, such
as social security numbers, emails, and phone
numbers, automatically.
• Leverage batch redaction, even across
hundreds of documents or emails.
• Maintain a clear audit trail so staff always know
the status of requests.
888-228-2233 | CivicPlus.com

Mitigate Risk
Safeguard against litigation, fines, job loss,
negative public perception, and more.

No matter what an agency’s governing state public records laws are called (e.g., FOIA, APRA, Right to Know), non-compliance creates risk. This can occur in many ways, including but not limited to:
• Failure to capture every record from social
media – Agencies must easily produce social media
content if there is a public records request for it. Gaps in social content archival open agencies up to risk. In 2022, the Los Angeles County Board of Supervisors
approved a $185,000 settlement aftwer a lawsuit
alleging the LA County Sheriff’s Department failed to
adequately respond to a request for public records.

The good news is that CivicPlus has an additional
solution to cover the need to archive social content.

The CivicPlus Social Media Archiving solution
enables the capture, archival, and retrieval of
more records than any other method without any
additional effort — enabling agencies to achieve
the highest possible level of compliance.
“When you only have a short amount of time because
it’s not the only important part of your job, you need
the big tools to help you do it and see it more clearly.” – eGovernment Services Coordinator, State of Iowa
• Missed records requests and deadlines for
supplying information – Non-response to records
requests can damage your administration’s
reputation with residents. Even something as simple
as a missed deadline can have costly consequences.

In 2021, the City of Jackson, MS was fined
$170,397.50 to cover the legal fees of Gray Television
after taking more than a year to fulfill a public records request. With the CivicPlus NextRequest solution,
you can automate reminders to help staff stay within
legal timeframes and set custom notifications to
ensure nothing gets missed.
• Inefficient payment processing – When payment
is required, inefficient payment processing can
slow down the delivery of requested information,
indirectly causing non-compliance. With the CivicPlus
NextRequest solution, you can accept payments
online, send and track invoices, and calculate staff
billable hours, costs, and due dates automatically.
• Decentralization – Clerks and other agency staff do
their best to respond to requests, but sometimes
they get let down by a separate team responsible
for helping to respond. This is one of the dangers
of decentralized records request management.

With NextRequest’s Risk module, you can leverage
a single, all-in-one risk assessment dashboard that
offers a centralized view of all documents across
your portal, including their risk level, review status, and insight information, to coordinate and track
reviews and handoffs across teams.
888-228-2233 | CivicPlus.com

Improve Public Trust
Embrace transparency to grow public trust.

Agencies must track in detail each request from start to finish. If there is a compliance issue, it is often because an individual does not feel a government agency is being transparent. Anything agencies can do to provide more information and greater transparency is important.

An agency’s entire records request management process needs to give the public what they’re looking for:
information easily accessed and delivered. If an agency’s software simplifies and streamlines the process of granting requests, individuals in the community will be more empowered and engaged.

At the same time, agencies that demonstrate efficiency and compliance with records requests through the use of software like the CivicPlus NextRequest solution meet public expectations for modernization in today’s digital age.

Demonstrating efficiency and compliance also builds credibility and trust. A CivicPlus study conducted with over 15,000 residents reveals that public trust increases with quicker response times by agencies Preemptively publishing the public information that is most likely to be requested increases efficiency and transparency. Publishing information post-request, when appropriate, also increases transparency. “NextRequest allows us to meet the
mission that the City has always had,
to be transparent and to be open and
to provide what we can.”
– Records and Cemetery Manager,
City of Orlando, FL
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Ensure Security
At CivicPlus, we encrypt all data at rest and in transit, map to Health Insurance Portability and Accountability Act (HIPAA) and Criminal Justice Information Services (CJIS) security rule controls, and complete an annual Systems and Organization Controls 2 (SOC 2) audit.

In addition, the NextRequest solution’s online payment capabilities are PCI-compliant. • Encryption – All data is encrypted at rest using AES-256 and in transit using TLS v1 .2.

Documents can only be accessed through a valid token that expires. For data, we encrypt in transit using TLS 1.2 and AES-256 at rest.
• Application and Data Storage – The CivicPlus NextRequest solution stores and manages data in highly secure data centers operated by AWS, which implements industry-leading security measures. AWS’ certifications include ISO 27001, FISMA, and SOC. All data is hosted in the United States. NextRequest uses Amazon S3 to store customer image assets and documents.
• Backups and Redundancy – Data is backed up daily, weekly, and monthly. We maintain redundancy to prevent single points of failure, are able to replace failed components, and utilize multiple data centers designed for resiliency. We also have a step-by-step plan in place to take precautions and minimize the effects of a disaster. • Updates and Patches – NextRequest uses a software-as-a-service (SaaS) delivery model.

This means customers are always using the most up-to-date version of the avpplication and don’t have to wait for new releases, including security updates. Development is conducted on a two-week cycle.
• Single Sign On (SSO) – NextRequest can add SSO integrations like Active Directory and OAuth to improve password security and access controls across the enterprise organization, and it supports Okta or any SAML-based SSO. “What’s not to love? The ease of use, the functionality, the updates that are provided, the efficiency!”
– Clerk/Manager, Township of Eastampton, NJ
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Take the Next Step
Community members trust that their government agencies will promptly deliver the services they need while operating in their best interests. CivicPlus solutions build trust by fostering consistently positive digital experiences for community members and local government staff alike. As a result, the thousands of government agencies partnering with CivicPlus streamline operations, save money, and improve civic engagement. But don’t just take our word for it.

Explore the CivicPlus NextRequest solution firsthand. After all, seeing is believing:

Still shopping around? We get it: This 20-question checklist helps ensure you consider every critical factor before signing a contract with a new software vendor.

Request a Demo Now
888-228-2233 | CivicPlus.com

CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #: Q-79346-1
Date: 7/15/2024 8:32 AM
Expires On: 7/31/2024
Client:

City of McFarland, CA
Bill To:

MCFARLAND, CALIFORNIA
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Kemp Wyatt [email protected] Net 30
Discount(s)

QTY PRODUCT NAME DESCRIPTION

1.00 NextRequest Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount
One-time(s)

QTY PRODUCT NAME DESCRIPTION

1.00 NextRequest Economy
Implementation
NextRequest Economy Implementation
Recurring Service(s)

QTY PRODUCT NAME DESCRIPTION

1.00 NextRequest Economy NextRequest Economy with up to 5 Admin-Publisher Users and 1TB of Storage
List Price - Initial Term Total USD 13,476.00
Total Investment - Initial Term USD 10,781.40
Annual Recurring Services (Subject to Uplift) USD 5,988.00 Initial Term 8/1/2024 - 7/31/2026, Renewal Term 8/1 each calendar year V. PD 06.01.2015-0048

Initial Term Invoice Schedule $4,494 Invoiced on 8/1/2024. $6,287.40 invoiced on 8/1/2025.

Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date
Annual Uplift 5% to be applied in year 2
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legalstuff (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW.

V. PD 06.01.2015-0048

Acceptance
The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date:

For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Signature CivicPlus
By (please sign):
___________________________________
By (please sign):
___________________________________
Printed Name:
___________________________________
Printed Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
___________________________________
Mailing Address: (If different from above)
___________________________________
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required) ___________________________________
V. PD 06.01.2015-0048

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 9.

Section: CONSENT AGENDA
Meeting Date: July 25, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Paul Saldaña , Community Development Director
SUBJECT: Adopt Resolution 2024-88 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MCFARLAND AUTHORIZING THE APPLICATION AND AMENDING

THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION

PROGRAM
SUMMARY:

The State of California, Department of Housing and Community Development issued a notice of funding under the PLHA program which would allow cities to apply for funding to address one or more eligible activities. The city would like to amend the current allocation for funding to assist with acquisition and rehabilitation of foreclosed or vacant homes and apartments to increase the supply of affordable housing. This activity aims to revitalize neighborhoods and provide safe, affordable housing to those in need. This funding will have a 15% administrative compensation that the city will be able to receive if awarded.

FINANCIAL IMPACT:

No fiscal impact, funding was previously allocated and is being reporgrammed through this action.

RECOMMENDATION:

Staff recommends City Council approve the amendment to Resolution No. 2024-88 authorizing the City Manager to Apply and Adopt the PLHA Program.

ATTACHMENTS:

None

RESOLUTION NO. 2024-88

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AUTHORIZING

THE APPLICATION AND AMENDING THE PLHA PLAN FOR THE PERMANENT LOCAL

HOUSING ALLOCATION PROGRAM
WHEREAS, the Department is authorized to provide up to $296 million under the SB2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq.(Chapter 364, Statutes of 2017 (SB 2)).

WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability(“NOFA”) dated 12/29/2023 under the Permanent Local Housing Allocation (PLHA)Program;
WHEREAS, the City of McFarland is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements,the Standard Agreement, and other contracts between the Department and PLHA grant recipients; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes,rules, regulations, and laws, including without limitation all rules and laws regarding thePLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA $676,841 in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules, and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Sections 302(c)(4) and 302(c)(5) of the Guidelines, Applicant’s PLHA Plan Amendment for the 2020-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan Amendment and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

6. The City Manager is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the

Department may deem appropriate.

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

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

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Paul M. Saldana, Interim 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. _____________________________
Paul M. Saldana, Interim City Clerk

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 10.

Section: CONSENT AGENDA
Meeting Date: July 25, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Yerlys Hernandez , Public Works Director
SUBJECT: Adopt Resolution 2024-82 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MCFARLAND AUTHORIZING THE CITY MANAGER TO SIGN AND

EXECUTE THE AWARD OF A PROFESSIONAL SERVICES AGREEMENT
WITH BHT ENGINEERING, INC., FOR ON-CALL ENGINEERING SERVICES FOR FEDERAL AND STATE FUNDED PROJECTS.

SUMMARY:

The City of McFarland receives federal and state funds for local streets and road projects.

Caltrans Local Assistance Procedure Manual Chapter 10 requires that agencies follow their Request for qualifications(RFQ) process for procurement of on-call engineering services for our federal and state-funded projects.

The City issued a Request for Qualifications (RFQ) for on call engineering services on July 3, 2024, and responses were received by July 19, 2024. A total of (3) consultants responded to the City’s RFQ by providing their statement of qualifications. The Consultants that provided a response to the RFQ are as follows: Diversified Project Services International, BHT Engineering, Inc., and Precision Civil Engineering.

The consultant selection committee comprised of (3) city staff members individually scored the three consultants’ statement of qualifications. The scoring criteria was based on six main criteria: 1) Understanding of the work to be done 2) Design Engineering experience of state/federal funded projects 3) Construction Engineering/Management experience of state/federal funded projects 4) Qualifications of individuals within the consultants' organization directly responsible for the work 5) Familiarity with local, state, and federal procedures/requirements and 6) DBE Participation. The cumulative ranking results of staff ranked BHT Engineering, Inc. as the top ranked consultant.

Final scores are shown in the Table below:

Consultant Total Score:

BHT Engineering 288
Diversified Project Services
International
258
Precision Civil Engineering 225
City Staff proceeded in requesting BHT Engineering’s fee schedule for review. City staff found

BHT’s fee schedule to be fair and reasonable. Staff is requesting authorization for the City Manager to execute the award of the consultant contract agreement with BHT Engineering, Inc. for On-Call Engineering services for Federal and State Funded Projects for a period of 5 years and not to exceed sum of $900,000 aggregate.

FINANCIAL IMPACT:

There is no Financial Impact to the General fund as the Engineering services will be funded by state/federal grant funds.

RECOMMENDATION:

Staff recommends adopting a resolution authorizing the City Manager to sign and execute the award of a professional services agreement with BHT Engineering, Inc., for On-Call Engineering Services for Federal and State Funded Projects.

ATTACHMENTS:

1. Consultant Agreement - BHT

2. McFarland - CALTRANS - RFQ Engineer Procurement(rebid)

3. Fee Shedule - McFARLAND - July 2024

RESOLUTION NO. 2024-82

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AUTHORIZING

THE CITY MANAGER TO SIGN AND EXECUTE THE AWARD OF A PROFESSIONAL SERVICES AGREEMENT WITH BHT ENGINEERING, INC., FOR ON-CALL ENGINEERING SERVICES FOR FEDERAL AND STATE FUNDED PROJECTS.

WHEREAS, the City of McFarland receives federal and state funds for local streets and road projects. Caltrans Local Assistance Procedure Manual Chapter 10 requires that agencies follow their Request for qualifications(RFQ) process for procurement of on-call engineering services for our federal and state funded projects; and
WHEREAS, the City issued a Request for Qualifications (RFQ) for on call engineering services on July 3, 2024 and responses received by July 19, 2024. A total of (3) consultants responded to the City’s RFQ by providing their statement of qualifications; and WHEREAS, the cumulative ranking results of staff ranked BHT Engineering, Inc. as the top ranked consultant; and
WHEREAS, staff is requesting authorization for the City Manager to execute the award of the consultant contract agreement with BHT Engineering, Inc. for On-Call Engineering services for Federal and State Funded Projects for a period of 5 years and a not to exceed sum of $900,000 aggregate; 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. The City Council hereby approves the award of the consultant contract agreement with BHT Engineering, Inc. for On-Call Engineering services for Federal and State Funded Projects for a period of 5 years and a not to exceed sum of $900,000 aggregate.

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

4. This resolution is effective immediately.

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

Aye Nae Abstain Absent
Saul Ayon

Ricardo Cano
Amador Ayon
María T. Pérez
Anita Gonzalez

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Paul M. Saldana, Interim 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. _____________________________
Paul M. Saldana, Interim City Clerk

June 2024

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

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

The name of the “CONSULTANT” is as follows:

BHT ENGINEERING,
Incorporated in the State of CALIFORNIA
The Project Manager for the “CONSULTANT” will be JUAN PANTOJA The name of the “LOCAL AGENCY” is as follows:

CITY OF MCFARLAND
The Contract Administrator for LOCAL AGENCY will be YERLYS HERNANDEZ,

PUBLIC WORKS DIRECTOR
B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated JUNE 2024. The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment A) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

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

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

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

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

June 2024
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

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

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

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

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
The CONSULTANT shall provide services to the City including, but not limited to; CEQA/NEPA coordination or compliance documentation, program/project management, feasibility studies, preliminary engineering, design, engineering, surveying (right of way engineering), mapping, landscape architecture, or architectural related services, construction management/engineering, as well as incidental services connected to and for the purpose of development and implementation of Federal-aid, and State funded projects. Successful firm will represent the City at all state, local or federal project audits.

The project will require coordination with Caltrans, FHWA, and/or other state, local and federal agencies. Project design shall meet all City Requirements and conform to the City and Caltrans standard specifications, current edition.

CITY will pay for direct project’s construction phase advertisement costs.

B. Project Management
a. The Public Works Director will serve as the contract manager and direct liaison between the Consultant and Caltrans District 6 Division of Local Assistance. The consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities includes but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field

June 2024
reviews, tracking action items for the City and consultant sub-contractors, and preparing all submissions for the City to submit to Caltrans Local Assistance and/or other agencies. b. Due to the fact that many of the City’s current and future projects are funded by Federal and State grants, the selected consulting firm must have excellent knowledge of the requirements of Caltrans’ Local Assistance Procedures Manual requirements. c. Preliminary Engineering Phase Authorization - Consultant shall prepare the Request for Authorization to Proceed with Preliminary Engineering package using procedures outlined in the Caltrans Local Assistance Procedures Manual.
d. Prepare and submit progress invoices to Caltrans for reimbursement.

C. Environmental Compliance
a. Coordinate with Caltrans Dist. 6 and schedule a field review of the site, as needed. b. Perform the site review, survey and study. Prepare and supply all reporting, presentations, documents, and mitigation requirements, etc. necessary to meet current NEPA environmental compliance requirements. Note: Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).

City staff will prepare the CEQA document.
c. Coordinate with Caltrans Dist. 6 to determine if special studies will be required, i.e. cultural, archeological etc.
d. Prepare, submit, correct, edit and add information for the Exhibit 6-A Preliminary Environmental Study (PES) document and Area of Potential Effects (APE) map, as necessary. Contracting City is not obligated to proceed with final design for any alternative, all reasonable alternatives will be evaluated and given appropriate consideration, and the firm may not proceed with final design until the relevant CEQA/NEPA decision documents have been issued (e.g., CE, FONSI, or ROD).

CI. Preliminary Engineering
a. Scope includes: Civil Engineering / Architectural / Field Survey / Soils & Materials Testing b. Coordinate with City Manager, Public Works Director, City Project Coordinator and/or Street Supervisor for initial concept and direction.
c. Surveys and Mapping – review aerial photos, mapping and perform surveying necessary for preliminary engineering, design, cost estimates, and the level of environmental clearance.

The scope of comprehensive base mapping and surveying includes but is not limited to Control Surveys, Aerial Photogrammetry, Limited Design Level Topographic Surveys, Rightof-Way Retracement, and a Record of Survey. d. Prepare a right-of-way certification per Caltrans LAPM Exhibit 13-A or 13-B, as applicable. e. Preliminary Engineering Studies – Develop general project locations and design concepts and related activities needed to establish the parameters for final design such as Geometrics, Hydraulics, Geotechnical, Bridge, Landscape Architecture, Traffic Operations, Electrical, ITS Elements, etc.
f. Develop concept and design drawings for submission to regulatory or funding bodies for approvals including, but not limited to: FHWA, and their corresponding California State agencies.
g. Submit preliminary design and preliminary construction cost estimate to the City for review and comment.
h. Prepare exhibits, renderings, drawings and prepare presentations to City Staff and/or City Council.
i. Utility Coordination – Submit improvement plans to utility companies in accordance with their requirements. Coordinate utility relocations, if any, including relocation of utility poles, as needed.

June 2024
j. Provide geotechnical evaluations and recommendations services with field investigation borings, field samples, lab testing, as needed, for pavement design section, driveways, curb & gutter, cross gutters, footings, slabs, etc.
k. Provide civil engineering and/or architectural design for complete roadway geometric design, demolition, asphalt and base improvements, drainage, grading, curb, gutter, sidewalks, cross gutters, ADA access ramps, street signage, street striping/markings, electrical improvements, landscaping, irrigation, waste water, sewer improvements, water improvements, site improvements, structure/bridge design, building design, etc. l. On behalf of the City, apply for and obtain all required approvals and permits from all governing public agencies for the construction of the project. m. Coordination with Adjacent Properties – Coordinate with adjacent property to establish driveway locations and other modifications required in front of their property such as fence relocations, mailbox relocation, or tree removal.
n. Assist City in applying for and obtaining utility services and/or relocation of existing utilities necessary for project(s) to be constructed and functional. o. Prepare construction plans, specifications and bidding documents for construction. (utilizing the Caltrans Standards and AASHTO Geometric Design guidelines, current edition). The Construction Plans, Specifications, Special Provisions and Bid Documents shall be adequate for obtaining construction bids in accordance with all applicable regulations and requirements of the pertinent Local/Federal/State funding entities.
p. Prepare a final detailed Construction Cost Estimate for the project based on the final design report. The Preliminary Construction Cost Estimate shall be an itemized estimate, including all of the components necessary for the complete construction of the project. q. The CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT including registration number. r. Provide an electronic copy of the final approved plans and specifications. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format. s. Construction Phase Authorization - Consultant shall prepare the Request for Authorization to Proceed with Construction package to advance project to construction using procedures outlined in the Caltrans Local Assistance Procedures Manual.

E. Bid Process
a. Assist the City in all aspects of the bidding process with construction and engineering firms, including but not limited:
1) Distribute plans and specifications to Contractors and Plan Rooms 2) Keep Plan holders list
3) Prepare addendums
4) Perform design revisions, additions, answers to questions, RFI’s, etc. 5) Attend and conduct pre-bid and site walk meetings
6) Review three lowest bids and their good faith DBE efforts 7) Prepare bid summary
8) Verify low bidder’s qualifications
9) Make recommendations for awarding the construction contract F. Construction Engineering/Management/Inspection/ Soils and Materials Testing:
a. Provide Construction Engineering/Management and/or inspection services. b. Review and approve contract’s shop drawings, schedules, insurance, submittals and make recommendation for Notice to Proceed.
c. Coordinate with utility companies for connections, service, relocations, etc. d. Perform construction staking as required.
e. Perform contract administration paperwork, including, but not limited to, review contractor’s payment requests and make recommendation for payment, conflict resolution, check certified payroll, releases, bonds, final pay requests certificate of completion, etc.

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f. Investigate proposed contract change orders and submit background information to the City for a decision, if justified, and prepare necessary drawings and documents for approval. g. Perform inspection services, RE’s daily reports, materials, subcontractors, equipment, manpower, weather, activities, etc.
h. Responsible for ensuring that all work is built to standards defined by the contract documents. i. Perform materials and soils testing per City’s Quality Assurance Program. Materials testing services includes:
 Engage third-party testing and inspection firm.
 Sampling and testing of soils, asphalt concrete, concrete, steel, and other construction materials.  Evaluation of results and furnishing of testing reports.  Additional testing as applicable to ensure project expectations are met. (i.e., quality assurance testing).
j. Prepare and maintain as-built drawings and construction documentation for review by any auditing City.
k. Prepare the final punch list and oversee punch list item resolution. l. Project Close Out.
m. Represent the City at all local, state or federal project audits.

G. Right of Way
CONSULTANT shall prepare a right-of-way certification per Caltrans LAPM Exhibit 13-A or 13-B, as applicable. The scope of comprehensive base mapping and surveying includes but is not limited to Control Surveys, Aerial Photogrammetry, Limited Design Level Topographic Surveys, Right-of-Way Retracement, and a Record of Survey.

H. Surveys
CONSULTANT shall review aerial photos, mapping and perform preliminary surveying necessary for preliminary engineering, design, cost estimates, and the level of environmental clearance.

CONSULTANT shall Perform construction surveys/staking as needed.

I. Subsurface Investigations
CONSULTANT has responsibility for making subsurface investigations. Soils testing and any other specialized services shall be performed by CONSULTANT and/or their Sub-Consultant.

J. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

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

L. Checking Shop Drawings
CONSULTANT shall review and approve contract’s shop drawings, schedules, insurance, submittals and make recommendation for Notice to Proceed. Payment for checking shop drawings by CONSULTANT shall be included in the AGREEMENT fee.

M. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

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N. Documentation and Schedules
The CONSULTANT shall document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

O. Deliverables and Number of Copies
As agreed upon by the City and consultant in a Task Order for each project.

As a MINIMUM the CONSULTANT shall provide an electronic copy of the final approved plans and specifications, and a hard copy of the final approved plans and specifications. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format. If requested, additional copies shall be provided at reproduction cost.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on JUNE 27, 2024, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on JUNE 27, 2029, unless extended by AGREEMENT amendment.

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

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

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

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

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

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

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

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

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

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

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

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

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

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number.

Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

CITY OF MCFARLAND
ATTN: Yerlys Hernandez
401 W. Kern Avenue
McFarland, CA 93250
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

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

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

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The LOCAL AGENCY anticipates to enter into up to ten (10) task order contracts for performance of the Scope of Services identified in Article III of this AGREEMENT. The total amount payable

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by the LOCAL AGENCY for all Task Order Contracts must not exceed a cumulative maximum total value of Nine Hundred Thousand Dollars ($900,000) (“NTE Sum”). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this contract through Task Orders. Each time a Task Order is awarded under any of the Task Order Contracts, the LOCAL AGENCY may send written notification to CONSULTANT. The notice will identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the NTE Sum. CONSULTANT acknowledges and agrees that LOCAL AGENCY will not pay any amount under this AGREEMENT that would exceed the NTE Sum, and CONSULTANT must not enter into a Task Order that exceeds the NTE Sum.

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

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

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

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

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

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

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

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

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the

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AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

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

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

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

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

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise

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during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

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

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

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

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the

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LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

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

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

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

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

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

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

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

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before

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CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

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

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

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

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

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

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

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

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and

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supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

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

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a

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Subconsultant to comply with this section.

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

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

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

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

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public

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works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

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

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

H. Employment of Apprentices

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

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

Penalties are specified in Labor Code §1777.7.

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

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

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

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

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.

For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

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

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

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee 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 AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

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

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

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

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national

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origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

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

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

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

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

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

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

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

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION

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A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

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

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

3. Does not have a proposed debarment pending; and

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

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26).

To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

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

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.  60 percent counts if the materials or supplies are purchased from a DBE regular dealer.  Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

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B. The goal for DBE participation for this AGREEMENT is 5.00 %. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

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

D. Contract Assurance
Under 49 CFR 26.13(b):

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

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

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

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

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

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

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or

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refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

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

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

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

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

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

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

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

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

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

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

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

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement.

CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

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

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have

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agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment

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

F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

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

2. Provide this notification before starting the affected work

3. Maintain records including:
 Name and business address of each 1st-tier subconsultant  Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
 Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their

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own forces and the corresponding value of the work.

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

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

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

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

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

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

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY

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these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

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

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

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

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

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

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work

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of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

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

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: No later than the 10th of the month following the month of any payment(s), the CONSULTANT must submit an invoice for payment along with Exhibit 9-F: Monthly Disadvantaged Business Enterprise (DBE) Payment to the Caltrans Business Support Unit at [email protected]. Provide a copy to the LOCAL AGENCY administering the contract.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

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

ARTICLE XIX INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance:

The City requires a minimum of Two Million Dollars ($1,000,000) Professional Liability Insurance, and General Liability Insurance; One Million Dollars ($1,000,000) Automobile Liability Insurance, and Workers' Compensation Insurance.

B. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.

2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.

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

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C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

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

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

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

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

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

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

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

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

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ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and City Manager, who may consider written or verbal information submitted by CONSULTANT.

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

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

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

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

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

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each

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considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk.

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

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

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

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

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

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

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

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

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

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

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

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

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

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt

Exhibit 10-R
A&E Boilerplate Agreement Language

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

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY.

The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.]

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

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d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

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

APPENDIX B

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

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.

Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained

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as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

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

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

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

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

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APPENDIX D

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

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

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

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

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits

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discrimination on the basis of age);
 Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);  The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
 Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;  The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
 Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

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

CONSULTANT:

BHT Engineering, Inc.
,Project Manager
218 S. H Street, Suite 201
LOCAL AGENCY: City of McFarland
Yerlys Hernandez , Contract Administrator
(401 W. Kern Avenue
Juan Pantoja
Bakersfield, CA 93304
McFarland, CA 93250

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

ARTICLE XXXV SIGNATURES
CITY OF MCFARLAND BHT Engineering, INC.

Saul Ayon, Mayor Juan Pantoja, Principal Engineer
Date: Date:

Attest:

City Clerk

REQUEST FOR QUALIFICATIONS
FOR
PROFESSIONAL ENGINEERING ON‐CALL

SERVICES FOR FEDERAL AND STATE FUNDED

PROJECTS
City of McFarland
401 W. Kern Avenue
McFarland, CA 93250
(661)792-3091
Issued by Yerlys Hernandez, Public Works Director
Date Released: July 3, 2024
Due Date: July 19, 2024
2:00 PM PST

NOTICE OF REQUEST FOR QUALIFICATIONS
FOR

PROFESSIONAL ENGINEERING ON-CALL SERVICES

FOR FEDERAL AND STATE FUNDED PROJECTS

1. The City of McFarland (hereinafter “CITY”) is soliciting sealed Statements of Qualifications(SOQ) from qualified and experienced firms to provide Professional Engineering On-Call Services for activities associated with Federal and State funded projects including, but not limited to Federal Highway Administration(FHWA). Additional details and requirements are provided in Section 2 “Scope of Work” of the RFQ.

2. The services to be performed by the successful proposer are described in the Request for Qualifications (RFQ). Electronic Copies of the RFQ can be obtained at no charge from: 401 W.

Kern Avenue McFarland, CA 93250, (661) 792-3091, or by emailing [email protected]. Upon written request for electronic documents, the proposer will be added to the Registered RFQ holders list.

3. All responses shall be submitted to the City Clerk of the City of McFarland on or before July 19, 2024 at 2:00 p.m. Pacific Time.

4. All responsive proposals shall be reviewed and evaluated by the CITY in order to determine which proposer best meets the “CITY’s” needs for the “PROJECT”. The criteria by which the “CITY” shall evaluate proposals are set forth in the Request for Qualifications.

5. The “CITY” reserves the right to reject any and all proposals or waive any irregularities in any proposal or postpone the opening of proposals as the “City” deems to be in its best interest.

6. Proposers are advised that, as required by Federal Law, the City of McFarland is implementing a Disadvantaged Business Enterprise requirement (DBE). The DBE contract goal is 20 percent.

7. Title VI of the Civil Rights Act of 1964 – disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

Francisca Alvarado, City Clerk Date: July 3, 2024

RFQ for Professional Services
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Table of Contents
SECTION 1. INTRODUCTION ............................................................................................................... 2 A. Purpose of Request for Qualifications (RFQ) ................................................................................. 2 B. Tentative Timeline and Schedule of Events .................................................................................... 3 C. Disadvantaged Business Enterprise (DBE) Participation ............................................................... 3 D. Contract Period .............................................................................................................................. 3 E. Method of Payment ........................................................................................................................ 3 F. Questions and Request for Clarification ......................................................................................... 4 SECTION 2. SCOPE OF WORK/SERVICES ......................................................................................... 4 A. Sample Scope of Work/Services .................................................................................................... 4 B. Deliverables ................................................................................................................................... 7 C. Schedule ........................................................................................................................................ 7 SECTION 3. STATEMENT OF QUALIFICATIONS .................................................................................. 7 A. Submission Requirements .............................................................................................................. 7 B. Submission Instructions ................................................................................................................ 10 SECTION 4. QUALIFICATIONS EVALUATION PROCESS AND CRITERIA ......................................... 11 A. Evaluation Process ....................................................................................................................... 11 B. Evaluation Criteria ........................................................................................................................ 11 SECTION 5. PROTEST PROCESS ........................................................................................................ 12 SECTION 6. CONFIDENTIALITY OF RESPONSES .............................................................................. 12 SECTION 7. CONTRACT DOCUMENTS ............................................................................................... 12 SECTION 8. MISCELLANEOUS INFORMATION ................................................................................... 13 SECTION 9. ATTACHMENTS TO THIS RFQ. ........................................................................................ 14

PROFESSIONAL ENGINEERING ON-CALL SERVICES

FOR FEDERAL AND STATE FUNDED PROJECTS
SECTION 1. INTRODUCTION
A. Purpose of Request for Qualifications (RFQ)
The City of McFarland (hereinafter “City”) is soliciting sealed Statements of Qualifications (SOQ) from qualified and experienced firms to provide Professional Engineering On-Call Services for activities associated with Federal and State funded projects, including, but not limited to Federal Highway Administration (FHWA). Additional details and requirements are provided in Section 2 “Scope of Work” of this RFQ.

The City, is awarded several construction and improvement projects every year that are state, and federal funded. In order to comply with local, state and federal regulations and due to limited staffing and expertise, certain services are to be contracted out. The selected consultant will be responsible for providing the City professional services on an as-needed basis (on-call). The Consultant shall only perform work that is assigned or requested in an authorized Task Order. This Contract does not guarantee that a Task Order will be issued.

The Consultant shall provide services to the City including, but not limited to; CEQA/NEPA coordination or compliance documentation, program/project management, feasibility studies, preliminary engineering, design, engineering, surveying (right of way engineering), mapping, landscape architecture, or architectural related services, construction management/engineering, as well as incidental services connected to and for the purpose of development and implementation of Federal-aid, and State funded projects. Successful firm will represent the City at all state, local or federal project audits.

The firm selected must demonstrate experience of federally funded projects administered through Caltrans Local Assistance District 6 and the Local Assistance Procedures Manual.

The City project(s) will require coordination with Caltrans, FHWA, and/or other state, local and federal agencies.

The firm selected must demonstrate experience in providing professional services, and must be exceptionally capable of producing the desired services in a highly professional and cost- conscious manner.

For the purpose of this RFQ, the term "Consultant" and "Firm" and “Proposer” are interchangeable and refer to the qualified firm hired to provide the services.

For the purpose of this RFQ/Agreement, the following definitions shall apply:

OWNER is the City of McFarland.

PROPOSER is a firm which submits a proposal in response to this RFQ.

CONSULTANT is a firm hired by the City to provide the services described in this RFQ.

LOCAL REGULATORY AGENCY refers to all Sections, Divisions, and Departments of the City of McFarland that are charged with the review and approval of the project within the city limits.

STATE REGULATORY AGENCY refers to all State of California agencies that mighthave jurisdiction over the project design and/or construction.

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FEDERAL REGULATORY AGENCY refers to all United States of America federal agencies that might have jurisdiction over the project design and/or construction.

B. Tentative Timeline and Schedule of Events
RFQ Release Date July 3, 2024
Submission of Questions & Requests for Clarification Due July 15, 2024 SOQ Submission Deadline July 19, 2024
Review and Evaluation of SOQ July 22, 2024
Interviews with finalist firms (if held)/ Cost Negotiation July 25, 2024 Recommended firm presented to Caltrans for approval July 29, 2024 Recommended firm presented to City Council for approval August 8, 2024 The City reserves the right to modify this timeline at any time. Any changes will be issued via Addendum to this RFQ.

C. Disadvantaged Business Enterprise (DBE) Participation The City of McFarland has established a DBE Goal is 20% for this Contract. Refer to Attachment 1 – Exhibit 10-I - Notice to Proposers DBE Information.

D. Contract Period
This Scope of Services will include on-call engineering services to the City for projects with Federalaid, and/or State funds for a period not to exceed five (5) years.

E. Method of Payment

1. Consultant shall be paid based on Specific Rates of Compensation.

2. Specific projects will be assigned to Consultant through issuance of Task Orders.

3. After a project to be performed under this contract is identified by the City; The City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate the City’s Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.

After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both the City and Consultant.

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

5. The City anticipates to enter into up to ten (10) task order contracts for performance of the Scope of Services identified in Section 2 of this RFQ. The total amount payable by the City for all Task Order Contracts must not exceed a cumulative maximum total value of Nine Hundred Thousand Dollars ($900,000) (“NTE Sum”). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this contract through Task Orders. Each time a Task Order is awarded under any of the Task Order Contracts, the City may send written notification to Consultant. The notice will identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the

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NTE Sum. Consultant acknowledges and agrees that City will not pay any amount under this Agreement that would exceed the NTE Sum, and Consultant must not enter into a Task Order that exceeds the NTE Sum.

6. Any extensions, changes, amendments or contract price revisions are subject to City Council approval. DIR requirements are to be met by the consultant. A copy of the Consultant Agreement is included.

F. Questions and Request for Clarification
Any questions or requests for clarification about this RFQ must be submitted in writing to Yerlys Hernandez – Public Works Director at [email protected].

For the benefit of all proposers, no questions can be accepted after 2:00 p.m. on July 15, 2024. A summary of any questions received and their responses will be sent to all consultants/agencies who have requested an RFQ. No oral question or inquiry about this RFQ shall be accepted.

SECTION 2. SCOPE OF WORK/SERVICES
This solicitation is not for specific projects, but for specific services. All work performed under this contract will require approval by the City’s Contractor Administrator and issued through a Task Order.

A task order shall be requested from the Consultant to identify and refine the scope of services prior to issuing the task orders. The task order shall detail the tasks required for particular projects, schedule, and projected costs. The costs will be based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the consultant to establish the maximum fee, including expenses, for the specific project and to establish the completion date.

A. Sample Scope of Work/Services
Projects and services are unique, and the exact scope of work will vary between services and projects. However, typical professional services for projects might include but not be limited to the following general scope:

1. Project Management
a. The Public Works Director will serve as the contract manager and direct liaison between the Consultant and Caltrans District 6 Division of Local Assistance. The consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities includes but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City and consultant sub-contractors, and preparing all submissions for the City to submit to Caltrans Local Assistance and/or other agencies.
b. Due to the fact that many of the City’s current and future projects are funded by Federal and State grants, the selected consulting firm must have excellent knowledge of the requirements of Caltrans’ Local Assistance Procedures Manual requirements. c. Preliminary Engineering Phase Authorization - Consultant shall prepare the Request for Authorization to Proceed with Preliminary Engineering package using procedures outlined in the Caltrans Local Assistance Procedures Manual.
d. Prepare and submit progress invoices to Caltrans for reimbursement.

2. Environmental Compliance
a. Coordinate with Caltrans Dist. 6 and schedule a field review of the site, as needed. b. Perform the site review, survey and study. Prepare and supply all reporting, presentations, documents, and mitigation requirements, etc. necessary to meet current NEPA environmental compliance requirements. Note: Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical

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Exclusion. City staff will prepare the CEQA document.
c. Coordinate with Caltrans Dist. 6 to determine if special studies will be required, i.e. cultural, archeological etc.
d. Prepare, submit, correct, edit and add information for the Exhibit 6-A Preliminary Environmental Study (PES) document and Area of Potential Effects (APE) map, as necessary. Contracting City is not obligated to proceed with final design for any alternative, all reasonable alternatives will be evaluated and given appropriate consideration, and the firm may not proceed with final design until the relevant CEQA/NEPA decision documents have been issued (e.g., CE, FONSI, or ROD).

3. Preliminary Engineering
a. Scope includes: Civil Engineering / Architectural / Field Survey / Soils & Materials Testing b. Coordinate with City Manager, Public Works Director, City Project Coordinator and/or Street Supervisor for initial concept and direction.
c. Surveys and Mapping – review aerial photos, mapping and perform preliminary surveying necessary for preliminary engineering, design, cost estimates, and the level of environmental clearance. The scope of comprehensive base mapping and surveying includes but is not limited to Control Surveys, Aerial Photogrammetry, Limited Design Level Topographic Surveys, Right-of-Way Retracement, and a Record of Survey. d. Prepare a right-of-way certification per Caltrans LAPM Exhibit 13-A or 13-B, as applicable. e. Preliminary Engineering Studies – Develop general project locations and design concepts and related activities needed to establish the parameters for final design such as Geometrics, Hydraulics, Geotechnical, Bridge, Landscape Architecture, Traffic Operations, Electrical, ITS Elements, etc.
f. Develop concept and design drawings for submission to regulatory or funding bodies for approvals including, but not limited to: FHWA, and their corresponding California State agencies.
g. Submit preliminary design and preliminary construction cost estimate to the City for review and comment.
h. Prepare exhibits, renderings, drawings and prepare presentations to City Staff and/or City Council.
i. Utility Coordination – Submit improvement plans to utility companies in accordance with their requirements. Coordinate utility relocations, if any, including relocation of utility poles, as needed.
j. Provide geotechnical evaluations and recommendations services with field investigation borings, field samples, lab testing, as needed, for pavement design section, driveways, curb & gutter, cross gutters, footings, slabs, etc.
k. Provide civil engineering and/or architectural design for complete roadway geometric design, demolition, asphalt and base improvements, drainage, grading, curb, gutter, sidewalks, cross gutters, ADA access ramps, street signage, street striping/markings, electrical improvements, landscaping, irrigation, waste water, sewer improvements, water improvements, site improvements, structure/bridge design, building design, etc. l. On behalf of the City, apply for and obtain all required approvals and permits from all governing public agencies for the construction of the project. m. Coordination with Adjacent Properties – Coordinate with adjacent property to establish driveway locations and other modifications required in front of their property such as fence relocations, mailbox relocation, or tree removal.
n. Assist City in applying for and obtaining utility services and/or relocation of existing utilities necessary for project(s) to be constructed and functional. o. Prepare construction plans, specifications and bidding documents for construction. (utilizing the Caltrans Standards and/or AASHTO Geometric Design guidelines, current edition). The Construction Plans, Specifications, Special Provisions and Bid Documents shall be adequate for obtaining construction bids in accordance with all applicable regulations and requirements of the pertinent Local/Federal/State funding entities. p. Prepare a final detailed Construction Cost Estimate for the project based on the final

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design report. The Preliminary Construction Cost Estimate shall be an itemized estimate, including all of the components necessary for the complete construction of the project. q. The CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT including registration number. r. Provide an electronic copy of the final approved plans and specifications. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format.
s. Construction Phase Authorization - Consultant shall prepare the Request for Authorization to Proceed with Construction package to advance project to construction using procedures outlined in the Caltrans Local Assistance Procedures Manual.

4. Bid Process
a. Assist the City in all aspects of the bidding process with construction and engineering firms, including but not limited:
1) Distribute plans and specifications to Contractors and Plan Rooms 2) Keep Plan holders list
3) Prepare addendums
4) Perform design revisions, additions, answers to questions, RFI’s, etc. 5) Attend and conduct pre-bid and site walk meetings
6) Review three lowest bids and their good faith DBE efforts 7) Prepare bid summary
8) Verify low bidder’s qualifications
9) Make recommendations for awarding the construction contract

5. Construction Engineering/Management/Inspection/ Soils and Materials Testing:
a. Provide Construction Engineering/Management and/or inspection services. b. Review and approve contract’s shop drawings, schedules, insurance, submittals and make recommendation for Notice to Proceed.
c. Coordinate with utility companies for connections, service, relocations, etc. d. Perform construction surveys/staking as needed.
e. Perform contract administration paperwork, including, but not limited to, review contractor’s payment requests and make recommendation for payment, conflict resolution, check certified payroll, releases, bonds, final pay requests certificate of completion, etc. f. Investigate proposed contract change orders and submit background information to the City for a decision, if justified, and prepare necessary drawings and documents for approval. g. Perform inspection services, RE’s daily reports, materials, subcontractors, equipment, manpower, weather, activities, etc.
h. Responsible for ensuring that all work is built to standards defined by the contract documents. i. Perform materials and soils testing per City’s Quality Assurance Program. Materials testing services includes:
 Engage third-party testing and inspection firm.
 Sampling and testing of soils, asphalt concrete, concrete, steel, and other construction materials.
 Evaluation of results and furnishing of testing reports.  Additional testing as applicable to ensure project expectations are met. (i.e., quality assurance testing).
j. Prepare and maintain as-built drawings and construction documentation for review by any auditing City.
k. Prepare the final punch list and oversee punch list item resolution. l. Project Close Out.
m. Represent the City at all local, state or federal project audits.

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B. Deliverables
As agreed upon by the City and consultant in a Task Order for each project.

C. Schedule
As agreed upon by the City and consultant in a Task Order for each project.

SECTION 3. STATEMENT OF QUALIFICATIONS
A. Submission Requirements
These guidelines are provided for standardizing the preparation and submission of the SOQ’s by all consultants. The intent of these guidelines is to assist consultants in preparation of their proposals, to simplify the review process, and to help assure consistency in format and content. Proposals should be prepared in a concise and economic manner. Proposals shall be prepared on 8 ½” x 11” paper in at least 11-point font. Use of 11” x 17” foldout sheets for large tables, charts, or diagrams is permissible but should be limited.

SOQ’s shall contain the following information in the order listed:

1. Introductory Letter
The introductory (or transmittal) letter shall be addressed to:

City of McFarland
Yerlys Hernandez, Public
Works Director
401 W. Kern Avenue
McFarland, CA 93250
The letter shall be on Consultant letterhead and include the Consultant’s contact name, mailing address, telephone number, facsimile number, and email address. The letter shall address the Consultant’s understanding of the services being requested and any other pertinent information the Consultant believes should be included. All addendums received must be acknowledged in the transmittal letter.

The letter shall be wet-signed in blue ink by the individual authorized to bind the Consultant to the proposal.

2. Organization and Approach
The consultant's staff working on this project shall be qualified professional staff and shall have the necessary experience, expertise and licenses to complete the scope of work and satisfy all the requirements as described in this RFQ and shall include the following information:

1. Background of your firm.

2. Name of project manager who is a Registered Civil Engineer in the State of California.

3. Identification of sub-consultant(s) and respective project manager(s) assigned to the project.

4. An organization chart depicting the relationships between the prime consulting firm’s team members and the sub-consultants. The organization chart shall include every person whose resume is submitted.

5. Describe your project and management approach. Provide a detailed description of how the team and scope of work will be managed.

6. Describe the roles of key individuals on the team. Provide resumes for all key team members.

Resumes shall show relevant experience, for the Scope of Work, as well as the length of employment with the proposing Consultant. Key members, especially the Project Manager, shall have significant demonstrated experience with this type of scope of work.

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3. Consultant Information, Qualifications & Experience
The City will only consider submittals from Consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects within the past five (5) years which include the following information:

1. Contracting City

2. Contracting City Project Manager

3. Contracting City contact information

4. Contract amount

5. Funding source

6. Date of contract

7. Date of completion

8. Consultant Project Manager and contact information

9. Project Objective

10. Project Description

11. Project Outcome

4. Scope of Work

1. Include a detailed Scope of Work Statement describing all services to be provided.

2. Describe project deliverables for each phase of your work.

3. Describe your cost control and budgeting methodology for this project.

5. Certificates ofInsurance
A statement of proposer's current insurance coverage signed by a company official. Do not submit a certificate of insurance in lieu of this statement. The City requires a minimum of One Million Dollars ($1,000,000) Professional Liability Insurance, and General Liability Insurance; One Million Dollars ($1,000,000) Automobile Liability Insurance, and Workers' Compensation Insurance. If the current coverage does not meet the City's minimum requirements, a statement of proposer's ability and intent to obtain the required coverage must be included.

6. Conflict of Interest Statement
Include a statement describing any potential or known conflict of interest regarding this proposal and/or the City of McFarland, or affirm that you do not have a conflict of interest.

Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing Design Engineering Services and/or Construction Engineering Services under a contractual relationship with a construction contractor(s) on any local project listed in this Scope of Work must disclose the contractual relationship, the dates and the nature of the services.

The prime consultant and its subconsultants shall also disclose any financial or business relationship with the construction contractor(s) who are working on the projects that are assigned for material Quality Assurance services through task orders on the contract.

Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any Design Engineering services including claim services, Lead Project Management services and Construction Engineering Services provided to all other clients on any local project listed in this Scope of Work.

In addition to the disclosures, the Consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.

The Consultant shall ensure that there is no conflict before providing services to any construction contractor on any of the City’s projects’ listed in this Scope of Work. The submitted documentation will be used for determining potential conflicts of interest.

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If a Consultant discovers a conflict during the execution of an assigned task order, the Consultant must immediately notify the Contract Manager regarding the conflicts of interest. The Contract Manager may terminate the Task Order involving the conflict of interest and may obtain the conflicted services in any way allowed by law. Failure by the Consultant to notify the Contract Manager may be grounds for termination of the contract.

7. Litigation
Indicate if the proposing Consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.

8. Contract Agreement
Indicate if the proposing Consultant has any issues or needed changes to the proposed contract agreement included as Attachment 2.

The Consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due.

A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 31 and 2 CFR Part 200.

9. Federal-Aid Provisions
The proposing Consultant’s services are federally funded, which necessitate compliance with additional requirements. Special attention is directed to Attachment 1 – Local Assistance Procedures Manual Exhibit (LAPM) 10-I, Notice to Proposers DBE Information. The proposing Consultant shall complete and submit the following forms with the proposal to be considered responsive. These forms and instructions are provided for the proposer in Attachment 1.  Local City Proposer DBE Commitment (Consultant Contracts); (LAPM 10-O1).

The City has established a DBE Goal of 20% for this Contract.  DBE Information - Good Faith Effort (LAPM 15-H) – Required only if DBE goal is not achieved. It is recommended that proposer prepare and submit a GFE irrespective of meeting the DBE goal.  Disclosure of Lobbying Activities (LAPM 10-Q).

This solicitation is financed in whole or in part and therefore subject to Title 49, Code of Federal Regulations, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. To ensure equal participation for Disadvantaged Business Enterprise (DBE) groups specified in 49 CFR 26.5, a DBE participation is required. Only participation by certified DBEs will count toward the contract goal for this solicitation. In order to count toward a contract goal, a firm must be certified by the California Unified Certification Program (CUCP) and possess the work codes applicable to the type of work the firm will perform on the Agreement by the SOQ submittal due date. For a list of work codes, go to http://www.dot.ca.gov/hq/bep/find_certified.htm.

It is the proposer’s responsibility to verify that the DBE firm is certified as a DBE by the specified SOQ submittal due date and time. For a list of DBEs certified by the CUCP, go to:
http://www.dot.ca.gov/hq/bep/find_certified.htm.

Reference “Statement of Qualifications Submittal Requirements” for detailed information and references to the required forms. Required forms will be made part of the agreement. Failure to meet the DBE goal or Good Faith Effort requirements and provide required DBE participation at due date and time of SOQ submittal may result in the SOQ submittal being rejected as non-responsive.

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Federal and/or State prevailing wage rates may apply. This requirement, if applicable, will be specified in the draft Agreement. All contractors and subcontractors who bid or work on public works projects must register with the Department of Industrial Relations (DIR).

Upon award and through completion of the project, the successful proposing Consultant will be required to follow applicable federal-aid requirements and shall complete and submit with the agreement the following forms at the time of award:
 Local City Proposer DBE Information (Consultant Contracts) (LAPM 10-O2)  Any other relevant forms required during the project.

Consultant shall demonstrate familiarity of providing services for federally funded projects and has clear understanding of requirements/needs to facilitate the project through Caltrans Local Assistance and Local Assistance Procedures Manual.

Exhibits can be found in the LAPM manual at
http://www.dot.ca.gov/hq/LocalPrograms/lam/forms/lapmforms.htm.

B. Submission Instructions
Proposers responding to this RFQ must include in their submittal package the following items:
 Three (3) hard copies of the firm's SOQ; OR
 One (1) electronic copy in PDF format of the original document, except the cost proposal, on a USB Flash Drive containing one PDF file of the full response that is clearly labeled with the firm’s name; AND
 Signed copy of PROPOSER's ACKNOWLEDGEMENT of the draft contract agreement (refer to Section 7 of this RFQ and Attachment 2).

The above submittal items must be placed into a sealed envelope bearing proposer's name and the words:

RFQ - Professional Engineering Services for Federal, State and Locally Funded Projects, City of McFarland
The submittal package must be delivered to:

City of McFarland
Yerlys Hernandez, Public
Works Director
401 W. Kern Avenue
McFarland, CA 932
The above submittals can be mailed or hand delivered but regardless of the postmark date, must be received by the City by 2:00 PM July 19, 2024. Electronic transmissions either by fax or email will NOT be accepted.

The City assumes no responsibility for non-receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the proposer's responsibility to meet the deadline stated above.

Submittals which do not contain the requisite number of copies and all the information requested in the RFQ may be considered non-responsive and rejected without evaluation.

Submittals received after the deadline or at the wrong location will be considered non-responsive.

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Fax or email copies will not be accepted. All submittals become the property of the City of McFarland and will not be returned.

SECTION 4. QUALIFICATIONS EVALUATION PROCESS AND CRITERIA A. Evaluation Process
All submittals will be evaluated by the City of McFarland Selection Committee. The Committee may be composed of City’s staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the Public Works Director only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of proposer.

The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFQ. Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City’s requirements as set forth in this RFQ.

The selection process may include oral interviews. The consultant will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted.

Upon completion of the evaluation and selection process, only the cost proposal from the most qualified consultant will be opened to begin cost negotiations. If agreement cannot be reached, then negotiation proceeds to the next most qualified consultant. All unopened cost proposals will be returned at the conclusion of the procurement process. Upon acceptance of a cost proposal and successful contract negotiations, staff will recommend a contract be awarded.

B. Evaluation Criteria
The City will evaluate the submissions received based on criteria including the following:

No. Criteria Weight
1 Understanding of the work to be done 25
2 Design Engineering experience of state/federal
funded projects 20
3 Construction Engineering/Management experience of
state/federal funded projects 20
4 Qualifications of individual within the Consultant's
organization directly responsible for the work 15
5 Familiarity with local, state and federal
procedures/requirements 15
6 DBE Participation 5

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SECTION 5. PROTEST PROCESS
If a proposer desires to protest the selection decision, the proposer must submit by facsimile or email a written protest within five (5) business days after the delivery of the decision notice. The written protest should be submitted to the Public Works Director as outlined below. Protests received after the deadline will not be accepted. Protests must be in writing, must include the name and address of the proposer and must state the specific reason(s) for the protest. A protest that merely addresses a single aspect of the selected proposal (for example, comparing the cost of the selected proposal in relation to the non--‐selected proposal) is not sufficient to support a protest. A successful protest will include sufficient evidence and analysis to support a conclusion that the selected proposal, taken as a whole, is an inferior proposal. Protest procedures and dispute resolution processes should be in accordance with 2 CFR 200.318(k) and 23 CFR 172.5(c) (18).

The Public Works Director will respond to a protest within ten (10) business days of receipt, and City representatives may, at its election, set up a meeting with the proposer to discuss the concerns raised by the protest. The decision of the City representatives will be final. The protest letter may be Emailed to:

Yerlys Hernandez, Public Works Director
[email protected]
SECTION 6. CONFIDENTIALITY OF RESPONSES
While the City cannot guarantee the confidentiality of information submitted by the City, it will make reasonable efforts to protect the information to the extent possible, as permitted by law. If sensitive information, such as personal financial statements, is necessary for support of capacity of Proposer, contact the City for further direction.

SECTION 7. CONTRACT DOCUMENTS
A sample copy of the City's CONSULTANT CONTRACT is included with this RFQ as Attachment 2.

Please review the agreement carefully. This is the contract the CONSULTANT will be expected to execute without alteration. If any changes are desired, the firm must submit a copy of the requested modifications to the City for approval at least ten (10) calendar days prior to the date that RFQs are due. If approved, the City will then issue the changes to all prospective PROPOSERs prior to the due date.

As part of its submittal package, an officer of the firm must sign and return a copy of the sample agreement. The signature indicates that the firm accepts the clauses of the contract, as stated in the enclosed sample copy of the City's agreement and any modifications thereto issued by the City during this solicitation of SOQs.

An "Acknowledgment Line" which reads as the following will be found below the signature line of the draft agreement. The officer must review the sample agreement carefully prior to signing the draft agreement.
"PROPOSER's ACKNOWLEDGEMENT: "I have received and reviewed the sample CONSULTANT CONTRACT. My signature below shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ.

The Consultant shall not be allowed to alter or negotiate contract language after the submittal of Consultant's SOQ. Failure to execute the contract without alteration may result in the rejection of the Consultant's proposal and the retaining of a different consultant by the City.

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At the time of contract execution, the Consultant will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement.

Selected Consultant shall comply with Chapter 10.4 of the Local Assistance Procedures Manual regarding the A&E Oversight Program and Process Review.

A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 24 CFR Part 85.20 “Standards for Financial Management Systems” and which is in conformance with OMB Circular A-87, “Cost Principles for State and Local Governments.”
SECTION 8. MISCELLANEOUS INFORMATION
A. Issuance of this RFQ does not constitute a commitment by the City to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract for services.

B. The City reserves the right to reject any or all proposals received in response to this RFQ, or to cancel this RFQ if it is in the best interest of the City to do so.

C. The City will select only one Professional firm to carry out the work described in this RFQ.

D. The firm submitting a proposal agrees that by submitting a proposal it authorizes the City to verify any or all information and/or references given in the proposal.

E. The City reserves the right to approve all subcontractors proposed by the primary contractor.

F. The prospective Consultant is advised that should this RFQ result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the City of McFarland.

G. The City reserves the right, after contract award, to amend the resulting contract as needed throughout the term of the contract to best meet the needs of all parties.

H. No appeals will be heard for late proposals.

I. Proposers will be required to provide proof of professional liability insurance and an errors and omissions policy to meet City requirements.

J. All information, materials, and documents discovered or developed/produced for this project by Proposer will become the property of the City.

K. Proposer must be licensed to practice engineering in the State of California, and must not be listed on Federal debarment lists.

L. Proposers will be responsible for adherence to the City’s Economic Opportunities Plan and Davis Bacon Act wage rates if applicable.

M. The City is dedicated to the principles of equal employment opportunity in any term, condition or privilege of employment or contracting. We do not discriminate on the basis of age, race, sex, color, religion, national origin, disability, veteran status, sexual orientation, gender identity, or any other status protected by state or local law. This policy applies to all employees and non-employees such as customers, clients, vendors, contractors, subcontractors and

RFQ for Professional Services
Federal/State Funded Page 14
consultants.

N. Title VI of the Civil Rights Act of 1964 – disadvantage business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

SECTION 9. ATTACHMENTS TO THIS RFQ.

The following documents are attachments to this RFQ:

Attachment 1: Exhibit 10-I – Notice to Proposers DBE Information Exhibit 10-O1 – Consultant Proposal DBE Commitment
Exhibit 10-Q – Disclosure of Lobbying Activities
Exhibit 15-H – Proposer/Contractor Good Faith Efforts
Attachment 2: Sample Consultant Contract Agreement

RFQ for Professional Services
Federal/State Funded Page 15
Attachment 1
Exhibit 10-I – Notice to Proposers DBE Information
Exhibit 10-O1 – Consultant Proposal DBE Commitment
Exhibit 10-Q – Disclosure of Lobbying Activities
Exhibit 15-H – Proposer/Contractor Good Faith Efforts

I
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION
(Federally funded projects only)
The Agency has established a DBE goal for this Contract of _____

1. 2.

3. 4.

TERMS AS USED IN THIS DOCUMENT
• The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.
• The term "Agreement" also means "Contract."
• Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65.

AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs").

The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.

SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation shall be collected and reported.

Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form.

DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following:

A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).

B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.

C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:

1. The proposer is a DBE and will meet the goal by performing work with its own forces.

2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.

3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.

January 2020

Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.

G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.

5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP.

If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.

B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website

1. Click on the link titled Disadvantaged Business Enterprise;

2. Click on Search for a DBE Firm link;

3. Click on Access to the DBE Query Form located on the first line in the center of the page.

Searches can be performed by one or more criteria. Follow instructions on the screen.

6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS:

A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.

B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.

C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.

D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

January 2020

Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE: 

7. Description of Work, Service, or Materials
Supplied

8. DBE
Certification
Number
Local Agency to Complete this Section

17. Local Agency Contract Number:

18. Federal-Aid Project Number:

19. Proposed Contract Execution Date:

20. 21. Local Agency Representative's Signature 22. Date

23. Local Agency Representative's Name 24. Phone

25. Local Agency Representative's Title
Consultant’s Ranking after Evaluation: __________________________ Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

9. DBE Contact Information

11. TOTAL CLAIMED DBE PARTICIPATION

10. DBE %
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

12. Preparer's Signature 13. Date

14. Preparer's Name 15. Phone

16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

LPP 18-01 Page 1 of 2
January 2019

Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

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

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

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

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

5. Consultant’s Name - Enter the consultant’s firm name.

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

7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

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

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

10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

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

13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

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

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

16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.

LOCAL AGENCY SECTION

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

18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

19. Proposed Contract Execution Date - Enter the proposed contract execution date.

20. Consultant’s Ranking after Evaluation – Enter consultant’s ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant.

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

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

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

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

25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

LPP 18-01 Page 2 of 2
January 2019

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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files