McFarland City Council
April 16, 2025

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Richard (Ricky) Hegner
CLA (CliftonLarsonAllen LLP)
Senior
Sacramento, California
209-747-8907
[email protected]
Profile
Ricky is an audit senior with four years of regulated audit experience. His experience includes audits of counties, cities, special districts, and housing authorities.

Technical experience
• Governmental audits
o Counties
o Cities
o State departments
o Air pollution districts, Transit, and Housing agencies • Federal and state grant compliance audits
• Single Audits performed under the Uniform Guidance
Education and professional involvement
• Bachelor of science with a major in bioengineering and minor in mathematics from California Lutheran University, Thousand Oaks, California
State and local government experience
Ricky has worked on the following state and local governments:

Counties
• Butte*
• Calaveras*
• El Dorado
• Glenn
• Humboldt
• Kern
• Mendocino
• Monterey*Stanislaus
• Placer*
• San Bernadino
• San Luis Obispo
• Shasta*
• Stanislaus
• Tehama
• Trinity*
• Yuba
Cities
• Chico • McFarland
State and other agencies
• California Housing Finance Agency*
• California Infrastructure and Economic
Development Bank
• Easter Sierra Transit Authority
• Sacramento Law Library
• Workforce Alliance of the North Bay
* Comprehensive Annual Financial Report Award

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CPAS | CONSULTANTS | WEALTH ADVISORS
CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer.

Investment advisory services are offered through CliftonLarsonAllen Wealth Advisors, LLC, an SEC-registered investment advisor.

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B. Anti-lobbying certification

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C. Contract

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We have reviewed the sample Consultant Agreement with our internal legal, insurance, and assurance service teams and have summarized our proposed revisions below. These revisions specifically tailor the contract to better align with the scope of work and remove generic language not applicable to the related services.

We believe the City will find these modifications reasonable and appropriate. However, we are willing to discuss these proposed revisions in an effort to achieve a mutually agreed-upon contract.

3. Payment for Services
We request the following modifications:

9. Termination of Agreement
We request the following modifications:

11. Ownership of Documents
We request the following modifications:

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13. Hold Harmless and Indemnification
We request the following modifications:

15. Insurance
Please note that CLA does not own any automobiles and the “additional insured endorsement” is done as a blanket endorsement such that the City is not specifically named as an additional insured but is an additional insured by nature of the contractual obligation. CLA will not disclose the exact amount of its deductibles and/or SIR so we request to strike out the below.

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18. Consultant’s Books and Records
We request the following modifications:

REQUESTS FOR PROPOSAL
Professional Auditing Services
Issued by Diego Viramontes, City Manager/Finance Director City of McFarland
401 W. Kern Avenue
McFarland CA 93250
ISSUED: Friday February 7, 2025
DUE DATE: Friday March 14, 2025 at 2:00 p.m.

2 NOTICE OF REQUESTS FOR PROPOSALS

PROFESSIONAL AUDITING SERVICES
1) The City of McFarland (hereinafter “CITY”) is requesting proposals from qualified firms of certified public accountants for a three-year contract to audit its financial statements for the years ending June 30, 2025, 2026 and 2027, with an option to renew for another three years. 2) The services to be performed by the successful proposer are described in the Request for Proposal in the Project Scope of Work Section. Copies of the Request for Proposal are available from the CITY at:

City of McFarland City Hall
401 W. Kern Avenue
McFarland CA 93250
(661) 792-3091
3) All responses shall be submitted to the City Manager/Finance Director of the City of McFarland on or before, Friday March 14, 2025 at 2:00 p.m. Please submit one (1) electronic copy to:

Diego Viramontes, CPA
City Manager/Finance Director
City of McFarland
401 W. Kern Ave.

McFarland, CA 93250
(661) 792-3091 Office
mailto:[email protected]
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 service. The criteria by which the CITY shall evaluate proposals are set forth in the Request for Proposals. 5) The CITY reserves the right to reject any and all proposals or waive any irregularities in any proposal or the proposal process.
6) In the event that it becomes necessary to revise any part of the RFP, written addenda will be issued.

3 PART 1 – AUDIT SPECIFICATIONS
I. INTRODUCTION
The City of McFarland (City) is requesting proposals from qualified firms of certified public accountants for a three-year contract to audit its financial statements for the years ending June 30, 2025, 2026 and 2027, with an option to renew for another three years. These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial and compliance audits in the U.S. General Accounting Office’s (GAO) Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, the provisions of the Single Audit Act of 1984, as amended in 1996, U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State and Local Governments and Governmental Accounting Standards Board (GASB) Pronouncements.

There is no expressed or implied obligation of the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Section 6250 et seq.). Any language purporting to render the entire proposal confidential or proprietary will be ineffective and will be disqualified.

During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether the proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected.

To be considered, an electronic copy as a Word or PDF document must be emailed to [email protected] no later than 2:00 PM, March 14, 2025. It is anticipated that the selected firm will be notified by March 31, 2025. The City reserves the right without prejudice to reject any or all proposals and/or waive any irregularity.

A copy of this request for proposal and the City’s most recent budget and audited financial statements can be found on the City’s website. All inquiries relating to this Request for Proposal (RFP) should be submitted to:

Diego Viramontes, CPA
City Manager/Finance Director
City of McFarland
401 W. Kern Ave.

McFarland, CA 93250
(661) 792-3091 Office
mailto:[email protected]

4 Background. The City’s financial statements have been audited by Clifton Larson Allen, LLP, for the last seven years. The City has been satisfied with the work performed by this firm.

However, to ensure competitive pricing and maintain high-quality services, the City has elected to proceed with the RFP process. Clifton Larson Allen, LLP, is welcome to submit a proposal for this engagement.

The City has not previously prepared an Annual Comprehensive Financial Report (ACFR). It is the City’s intent to prepare an ACFR for the fiscal year ending June 30, 2025.

II. DESCRIPTION OF THE CITY
The City was incorporated in 1957 as a general law city and operates under a City Council/City Manager form of government. It is governed by an elected Mayor and four-member council with each member also serving as a member of the governing board for its component units: The McFarland Parking Authority of the City of McFarland, McFarland Improvement Authority, McFarland Public Financing Corporation, and Successor Agency of the Redevelopment Agency of the City McFarland. It currently has a population of nearly 15,000 within 3 square miles.

The City provides a full range of municipal services including, but not limited to, police, fire (contracted with Kern County), animal services, public works, capital improvements, housing, planning, building, code enforcement, water, wastewater, refuse and general government. The City employs 65 regular full-time and 2 part-time budgeted employees. The Finance Department is responsible for the release of the annual financial statements for the City and its component units. In addition, the department consists of the following sections: Administration, Accounts Payable, General Accounting, Payroll, Purchasing, and Revenue and Collections.

The approved budget for FY2024-2025 is $33.2 million which includes a capital improvement budget of $17.4 million. The budget of the General Fund is $23.7 million.

The City’s financial statements are prepared in conformance with generally accepted accounting principles, and as noted above, have been audited by Clifton Larson Allen, LLP, for the last seven years.

The City uses ERP Pro 10 financial software for general ledger, budget, accounts payable, payroll, and purchasing.

III. SCOPE OF WORK TO BE PERFORMED
A. Services to be performed by Auditors.

1. In general, the auditors will perform a financial and compliance audit to determine (a) whether the combined financial statements of the City fairly present the financial position and the results of financial operations in accordance with generally accepted accounting principles, and (b) whether the City has complied with laws and regulations that may have a material effect upon the financial statements.

5 2. The auditors will examine the City’s internal accounting controls and accounting procedures and render written reports of their findings and recommendations to the Finance Director. The examination shall be made and reports rendered in accordance with generally accepted government auditing standards. In addition, the auditors shall communicate any reportable conditions found during the audit that can be defined as either a significant deficiency or material weakness in the design or operation of the internal control structure, which could adversely affect the organization’s ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statement.

3. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: Diego Viramontes, City Manager/Finance Director.

4. Auditors shall include all funds of the City and its component units: The McFarland Parking Authority of the City of McFarland, McFarland Improvement Authority, McFarland Public Financing Corporation, and Successor Agency of the Redevelopment Agency of the City McFarland.

5. Auditors shall submit a report of their examination of the component units’ financial statements for each such fiscal year, which shall include such component unit, general purpose and supplementary financial statements, notes to the financial statements and an opinion as to the fairness of their presentation in conformity with generally accepted accounting principles, applicable to the various funds or state the reasons for any exceptions to said principles.

6. Under the requirements of the Federal Government’s program covering a single audit for all federal grant funds, auditors shall conduct an audit in accordance with the Single Audit Act Amendments of 1996 and in generally accepted auditing standards as well as generally accepted governmental auditing standards.

7. Auditors shall submit a management letter setting forth their findings and/or recommendations on those matters noted and observed during the conduct of the examination of the financial records and developed within the scope usually associated with such an examination relating to, but not limited to, a) improvement in systems of internal control, b) improvement in accounting system, c) apparent noncompliance with laws, rules, and regulations, and d) any other material matter coming to the attention of the firm during the conduct of the examination.

B. Timeline Requirements

1. Auditors shall schedule with the Finance Director, or designee, for the Fiscal Year 2024-25 Audit.

2. All City books must be closed and ready for audit by the mutually agreed upon start date. City staff shall prepare detailed lead sheets and account reconciliations for the auditors.

6 3. Fieldwork shall commence on an agreed upon date between auditors and City staff but no later than October 24, 2025 and shall be completed by November 25, 2025, at which time a draft copy of all reports listed under “Specific Deliverables to the City of McFarland” shall be prepared and delivered to the City/Agency Finance Director.

4. The Entrance Conference, Progress Reporting, and Exit Conference should be held by the time frames indicated on the schedule shown below:
i. Entrance Conference with key Finance
Department staff to discuss work to be
performed, establish overall liaison for audit
and arrangements for space and other needs of
the auditor
Prior to start of field
work
ii. Progress conference with key Finance
Department staff to discuss the year-end work
to be performed
Midway through
audit work
iii. Exit conference with Finance Director to
summarize the results of the field work and to
review significant findings
At the conclusion of
the year-end audit
work
C. Reporting and Communication

1. The auditors will meet continuously during the field work process with the Finance Director, or designee, to discuss preliminary audit findings and management recommendations.

2. Prior to issuing their final reports, the auditors will meet with the Finance Director and his/her designee(s) with all audit reports to be addressed to the City Council.

3. The auditors may be consulted occasionally throughout the year as an information resource. Auditors may be asked to provide guidance on implementation of Government Account Standards Board (GASB) requirements and specifics of federal and state regulations as they may affect local government accounting. In addition, the auditors may be asked to assist with the implementation of new, applicable GASB pronouncements.

D. Other Considerations

1. All working papers and reports must be retained, at the auditor’s expense, for a minimum of five (5) years, unless the firm is notified in writing by the City Finance Director of the need to extend the retention period.

2. The auditors will be required to provide a digital copy of working papers upon request to the appropriate parties. In addition, the firm shall respond to the

7 reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.

3. Throughout the year, the auditor will provide financial advice and counsel on matters occurring throughout the year that would affect the annual report.

4. The audit partner/manager may be required to attend a City Council meeting to explain or clarify financial statements or accounting requirements.

E. Specific Deliverables to the City of McFarland
Reports Due Date Qty.

Audit of the general purpose financial
statements and review of the preparation
of the comprehensive annual financial
report, and delivery of opinion letter for
the comprehensive annual financial
report
No later than
December 05, 2025
10 Testing of and full report on the
compliance with the Single Audit Act of
1984, as amended in 1996, and
applicable laws and regulations
No later than
December 05, 2025
10 Single Audit Report No later than
December 05, 2025
10 Financial Statements of Component
Units, where applicable (photo ready)
No later than
December 05, 2025
10 Electronic versions of these documents should also be provided by the due dates.

F. Work Elements
The work shall include the following tasks (as well as any others that may be required under the workscope):

1. City Financial Statements

2. State Controller Reports

3. Appropriations Limit Opinion

4. Single Audit Act

8 IV. CITY RESPONSIBILITIES
A. Finance Department

1. Finance Department staff will prepare the final closing of the books including any auditor adjusting entries or changes to the financial statements as well as providing balance sheets for all funds and groups, statements of revenue and expenditures for all funds including detailed subsidiary ledgers.

2. Finance Department staff will produce the confirmation letters that are mailed by the auditors.

3. Finance Department staff will be available to assist the auditors in locating records or preparing audit schedules. All requests from the auditors will be directed to the Finance Director or designee.

4. Finance Department staff will provide the auditors with reasonable workspace to include desks and chairs as well as access to telephones, facsimile machines, and photocopying machines.

B. Report Preparation

1. Auditor will prepare a draft copy of the annual comprehensive financial report for City review.

2. Final preparation and printing of the annual comprehensive financial report will be the responsibility of the auditor.

3. Preparation, editing, and printing of all other reports as indicated in Section III (E) Specific Deliverables to the City will be the responsibility of the auditors.

4. Finance Department staff will produce the confirmation letters that are mailed by the auditors.

V. BASIS FOR COMPENSATION
A. The City will pay the auditors for the services described in Part I, Section III (Scope of Work to be Performed) that do not exceed the amount contained within a signed agreement between the City and the Audit Firm. For additional services required after the inception of the agreement, written approval by the City shall be required in advance of such services being rendered. The fee for such services shall be paid based on the auditor’s quoted hourly rates.

B. The City shall receive all final opinions and reports for the City financial statements no later than the December 05 of each year, following the initial year as outlined in Section III (E) “Specific Deliverables to the City of McFarland” barring any unforeseen City delays. If delay of deliverables is a result of the City, report submission deadlines will be discussed and amended. Final reports for Grants and Agency programs shall be completed in time to meet required submission dates.

9 VI. ADDITIONAL PROVISIONS
A. Upon notice of intent to award contract, the successful contractor shall enter into a Consulting Services Agreement with the City.

B. No officer, agent, or employee of the City and no member of its governing bodies shall have any pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. No officer, agent, or employee of the auditors shall serve on a City committee or hold any such position which is incompatible with such person’s duties or obligations or other relationship to this agreement.

C. Time is of the essence in each and all provisions of this agreement.

VII. SPECIAL TERMS AND CONDITIONS
A. Invoices received from the auditor will be processed no sooner than thirty (30) days from receipt.

B. The City is not liable for any pre-contractual expenses incurred by any bidder. In addition, no bidder shall include any such expenses as part of the price proposed to conduct the operation.

C. The City reserves the right to withdraw the RFP at any time without prior notice. Further, the City makes no representations that any agreement will be awarded to any proposer responding to this RFP. The City expressly reserves the right to postpone action regarding this RFP for its own convenience and to reject any and all proposals in response to this RFP without indicating reasons for such rejection.

D. The City is not responsible for oral statements made by any of its employees or agents concerning this RFP. If the bidder requires specific information, the bidder must make the request in writing as instructed in the RFP. Email inquiries are acceptable.

E. All responses to the RFP shall become the property of the City and a matter of public record. Responders must identify all copyrighted material, trade secrets or other proprietary information that the responder claims are exempt from disclosure by the California Public Records Act. In the event a responder claims such exemption, the responder must state in the response that:
“The responder will indemnify the City and hold it harmless from any claim or liability and defend any action brought against the City for its refusal to disclose copyrighted material, trade secrets, or other proprietary information to any person making a request thereof.”
Failure to include such a statement shall constitute waiver of the responder’s right to exemption from disclosure and authority for the City to provide a copy of the proposal or any part thereof to the requestor.

10 All questions regarding this RFP should be made in writing and emailed to:
mailto:[email protected]
PART 2 – PROPOSAL REQUIREMENTS AND INFORMATION
I. PROPOSAL PROCESS AND CALENDAR
A. Distribution of RFP
The RFP will be available on February 7, 2025.

B. Proposal Submission
Proposals for the City audit must be received electronically to mailto:[email protected] no later than 2:00 PM on March 14, 2025.

C. Proposal Review and Notification
The Finance Director and a select panel of Finance Department staff members will review and evaluate each proposal submitted. It is anticipated that the proposal review process will be completed by March 21, 2025. Written notification will be sent to all proposers regarding which firms were selected for follow-up interviews.

D. Interviews
The City will schedule interviews via Teams with the finalists by the week of March 24, 2025. Firms selected for interviews are requested to prepare a short presentation for the committee.

E. Final Selection Notification
The City anticipates sending written notification of status to the finalists by the week of March 31, 2025.

G. Important Dates to Remember
February 7, 2025 RFP Available
February 25, 2025 Deadline for Submission of questions
February 28, 2025 City to provide response to questions March 14, 2025 Deadline for Proposal Submission
March 21, 2025 City review of Proposals
March 24, 2025 Notification to all proposers
March 26-28, 2025 Auditor oral/teams presentations
April 16, 2025 City Council contract approval
Week of April 21, 2025 Anticipated contract signing

11 II. PROPOSAL REQUIREMENTS
A. Independence
The audit firm should provide an affirmative statement that it is independent of the City as defined by generally accepted auditing standards. Moreover, the firm must have no conflict of interest with regard to any other work performed for the entity being audited. It is understood that the services performed by the auditors are in the capacity of independent contractors and not as an officer, agent, or employee of the City.

B. License to Practice in California
The audit firm should provide an affirmative statement indicating that the firm and all assigned key professional staff are properly licensed to practice in California.

C. Firm Qualifications and Experience

1. The proposal should state the size of the firm, the size of the firm’s governmental audit staff, the location of the office from which the work on this engagement is to be performed, and the number and nature of the staff to be so employed on a part-time basis. Please indicate whether any members of the audit team assigned to the City are reviewers in the Government Finance Officers’ Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting program.

2. The audit firm shall submit a copy of the report on its most recent external quality control review, with a statement whether that quality control review included a review of specific government engagements.

3. The audit firm shall provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three (3) years. In addition, the audit firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations.

4. For the audit firm’s office assigned responsibility for the audit, list the most significant engagements (maximum of 10) performed in the last five years that are similar to the engagement described in this request for proposal.

5. A description of the firm’s quality control review process as it relates to workpaper review, document preparation, second partner review, and overall service and product delivery.

D. Partner, Supervisory, and Staff Qualifications and Experience The audit firm shall identify the principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists, who would be assigned to the engagement and indicate whether each such person is

12 licensed to practice as a certified public accountant in California. The audit firm should also provide information on the governmental auditing experience, including the scope of audit services requested by the City, of each person, and information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit.

The audit firm should provide as much information as possible, including resumes, regarding the number, qualifications, experience and training of the specific staff to be assigned to this agreement. The audit firm should also indicate how the quality of staff over the term of the agreement will be assured.

Engagement partners, managers, other supervisory staff, and specialists may be changed if those personnel leave the firm, are promoted, or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the City of McFarland. However, in either case, the City of McFarland reserves the right to approve or reject replacements. This shall also apply to consultants and firm specialists mentioned in response to this request for proposal.

Other audit personnel may be changed at the discretion of the proposer provided that replacements have substantially the same or better qualifications or experience.

E. Specific Audit Approach
The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, to perform the services required in Part I, Section III of this request for proposal.

F. Identification of Anticipated Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firm’s approach to resolving these problems and any special assistance that will be requested from the City of McFarland.

G. Total All-Inclusive Maximum Price
The proposal should contain all pricing information relative to performing the audit engagement as described in this RFP as “the total all-inclusive maximum price to be proposed”.

H. Ownership of City-Related Documents
All property rights, including publication rights of all reports produced by proposer in connection with services performed under this agreement shall be vested in the City. The proposer selected shall not publish or release any of the

13 results of its examinations without the express written permission of the City Finance Director or designee.

I. Acceptance of Proposal Contents
After an audit firm is selected by the City, the contents of the submitted proposal shall become a contractual obligation. The successful proposer will be required to execute a standard consultant agreement with the City as exampled in Appendix B. Failure of the audit firm to agree to include the proposal as part of the contractual agreement may result in cancellation of the award. The City reserves the right to reject those parts that do not meet with the approval of the City.

J. Acceptance or Rejection and Negotiation of Proposals The City reserves the right to reject any or all proposals, to waive non-material irregularities or information in the request for proposal, and to accept or reject any item or combination of items. By requesting proposals, the City is in no way obligated to award a contract or to pay expenses of the proposing firms in connection with the preparation or submission of a proposal. Furthermore, the City reserves the right to reject any and all proposals prior to the execution of the contract(s), with no penalty to the City. In addition, if the City elects to reject all of the proposals, it reserves the right to select one at random to negotiate a contract for services.

III. EVALUATION PROCESS
The proposals for the City’s audit will be evaluated by a committee selected by the Finance Director. Proposers may be required to make oral presentations as a supplement to their proposals. These presentations would only be held subsequent to the receipt of the proposals and will be part of the evaluation process to determine qualifications of the audit firm. The City will schedule a date and time via Teams for each oral presentation/interview that it requests. Should a proposer refuse to honor the request for an oral presentation or interview, it may result in the rejection of the proposal by the City.

Evaluation considerations will include the following:

A. Responsiveness of the proposal in clearly stating the understanding of the work to be performed and in demonstrating the intention and ability to perform the work.

B. Auditors’ experience in conducting audits of cities of similar nature, size, and complexity, and the auditors’ commitment to maintaining technical expertise in the municipal financial environment.

C. Technical experience and professional qualifications of the audit team. The number of key and supervisory personnel who will directly participate in the audit will be a consideration. Another consideration will be the auditors’ commitment to keeping the

14 same team assigned to this job for each successive year the auditor is awarded the contract.

D. Size and structure of the firm’s office from which the audit work is to be done. The City is looking for a highly qualified team that is able to meet the due dates specified in this document, and it expects that same team (wherever possible) to complete any successive year’s engagements.

E. Auditors’ experience in complying with applicable federal and state regulations relating to non-discrimination of an affirmative action program for equal employment opportunity.

F. Ability of the firm in providing optional services such as special studies, system review and other services. Examples of such services performed for other client cities will be helpful.

G. Proposed compensation.

Contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected firm, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation.

IV. FORMAT AND CONTENT OF PROPOSAL
A. Title Page
The title page should include the request for proposal subject and number, the name of the proposer’s firm, local address, telephone number, name of contact person, and date.

B. Table of Contents
Include a clear identification of the material by section and by page number.

C. Letter of Transmittal

1. State whether the firm is local, national, or international.

2. Give the location of the office from which the work is to be done and the number of partners, managers, supervisors, seniors, and other professional staff employed at that office.

3. Describe the range of activities performed by the local office such as audit, accounting, or management services.

15 4. Describe the local office’s information technology (IT) audit capabilities, including the number and classifications of personnel skilled in IT auditing who will work on the audit.

5. Describe the local office’s recent auditing experiences similar to the type of audits requested and give the names and telephone numbers of client officials responsible for five of the audits listed.

6. Describe the document publication technology and staff formatting and proofreading expertise.

D. Audit Team

1. Describe the composition of the audit team, including staff from other than the local office, and consultants. Describe the commitment of the firm to providing the same audit team on subsequent audits. Include resumes of each person so identified.

2. Identify the supervisors and consultants who will work on the audit and include resumes of each person so identified.

3. Identify any members of the audit team who are certified comprehensive annual financial report reviewers in the GFOA or California Society of Municipal Finance Officers (CSMFO) Certificate of Excellence in Financial Reporting programs.

E. Audit Scope and Provisions
Describe the scope of the required services to be provided and outline a plan on how such services will be provided. Please include depth of work, staffing, and time estimates. Proposers should list all reports including management letters that are to be issued, the points to be addressed by reports, and the estimated completion dates.

F. Cost Data
Indicate the total hours and hourly rates by staff classification and the resulting all-inclusive maximum fee (not to exceed total) for which the requested work will be done for each of the specific deliverables identified in this RFP.

G. Additional Data
Data not specifically requested should not appear in the foregoing sections, but any additional information considered essential to the proposal may be presented at this section.

16 ANTI-LOBBYING

CERTIFICATION
The undersigned certifies, to the best of his or her knowledge or belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL," Disclosure Form to Report Lobbying," in accordance with its instructions.

Signature Date

17 APPENDIX A
All-Inclusive Maximum
Price by Report FY 2024-25 FY 2025-26 FY 2026-27
City Financial
Statements $ $ $
State Controllers
Reports $ $ $
Appropriations Limit
Opinion
Single Audit $ $ $
Total $ $ $

18 APPENDIX B

STANDARD CONSULTANT AGREEMENT
AGREEMENT FOR ______________________

CITY OF MCFARLAND, CALIFORNIA,
AND

NAME OF CONSULTANT
THIS AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the CITY OF MCFARLAND (the "City") and _______________, (“Consultant”).

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

AGREEMENT

1. TERM OF AGREEMENT.

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

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

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

2.1. Consultant shall provide the City with the following services: The specific manner in which the services are to be performed is described in Attachment “A” which is attached hereto and incorporated herein as though fully set forth at length, collectively hereinafter referred to as “Described Services.”

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

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

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

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

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

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

3. PAYMENT FOR SERVICES (ATTACHMENT B).

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

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

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

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

4. SUBCONTRACTING.

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

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

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

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

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

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

21 7. RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY CITY. City designates Kenny Williams, its City Manager, to represent the City in all matters within the scope of this Contract relating to the conduct and approval of the work to be performed. Whenever the term “approval of City,” “consult with City,” “confer with City,” or similar terms are used, they shall refer to the City Manager. The City Manager may designate an assistant to act in his/her stead.

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

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

9. TERMINATION OF AGREEMENT.

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

9.2. Termination for Breach of Contract.

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

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

9.2.2. If the default under this Contract is due to Consultant’s failure to maintain the insurance required under this Contract, Consultant shall immediately: (1) suspend performance of any services under this Contract for which insurance was required; and (2) notify its employees and Subconsultants of the loss of insurance coverage and

22 Consultant’s obligation to suspend performance of services. Consultant shall not recommence performance until Consultant is fully insured and in compliance with City’s requirements.

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

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

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

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

23 9.2.7. If, after notice of termination of this Contract under the provisions of this section, it is determined for any reason that Consultant was not in default under the provisions of this section, or that the default was excusable under the terms of this Contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Article 8 Termination for Convenience.

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

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

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

11. OWNERSHIP OF DOCUMENTS.

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

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

12. INDEPENDENT CONTRACTOR.

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

12.2. If the Consultant subcontracts any of the work to be performed under this Agreement pursuant to the terms of this Agreement, Consultant shall be as fully responsible to the City or the acts and omissions of the Consultant's subcontractor and of

24 the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontract by the terms of the Agreement applicable to Consultant's work, including indemnity and insurance requirements.

13. HOLD HARMLESS AND INDEMNIFICATION.

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

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

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

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

25 sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.

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

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

15. INSURANCE.

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

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

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

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

Each of the following shall be included in the insurance coverage or added as an additional insured endorsement to the policy: City, its officers, employees, agents, and volunteers are to be covered as insured’s as respects each of the

26 following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. In the event that Consultant purchases automobiles during the term of this Agreement, said automobiles shall be likewise covered. The coverage shall contain no special
An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage.

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

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

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

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

27 losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

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

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

16. DISPUTES.

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

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

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

16.2. If the dispute is not resolved at staff level in accordance with Section 16.1, within five (5) City working days of the receiving party response (or longer if agreed between the parties) , the aggrieved party, through its respective project manager shall deliver to

28 the General Manager’s office a letter outlining the dispute for the General Manager’s review. The receiving party may submit further response, if required, to the General Manager within five (5) City working days thereafter. The General Manager, at his/her sole discretion may respond as he/she deems appropriate, including recommendations for resolution, discussions or rejection of the dispute within fifteen (15) working days of receipt of the complaint.

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

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

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

18. CONSULTANT’S BOOKS AND RECORDS.

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

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

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

29 18.4. City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in the General Manager's office. Access to such records and documents shall be granted to any party authorized by Consultant’s representatives, or Consultant’s successor in interest.

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

If to City: City of McFarland
Attn: City Manager
401 W. Kern Avenue
McFarland, CA 93250

If to Consultant: (Insert Contact Information)

Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.

20. GENERAL PROVISIONS.

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

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

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

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

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

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

30 20.7. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.

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

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

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

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

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

22. ACCESS AND ACCOMMODATIONS

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

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

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

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

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

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

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

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

CITY CONSULTANT*

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

Dated: _______________, 202__
ATTEST:

Erika De La Cruz,
City Clerk
____________________
(Insert Entity Type)
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 202__
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 202__
*Signatures of consultant must be notarized. Need
two signatures if contractor is a corporation.

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

33 “ATTACHMENT “A”
Scope of Work

34 ATTACHMENT “B”
Payment for Services
Once an invoice is submitted and approved by the City, City payment will be made within 30 days of approval. The payment provided is full compensation for the DESCRIBED SERVICES (Attach Progress Payment Schedule)

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

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

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 11.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: April 16, 2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Brian Knox, Chief of Police
SUBJECT: Approval of Resolution No. 2025-34 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND, CALIFORNIA, APPROVING A BUDGET

APPROPRIATION AND AUTHORIZING A LEASE AGREEMENT WITH

FLOCK SAFETY TO IMPLEMENT GUNSHOT DETECTION CAPABILITIES SUMMARY:

Historically, the city of McFarland has suffered from criminal street gangs and other violent criminal activity. Many of these criminal behaviors include the use of firearms and specifically the illegal discharge of firearms. This type of criminal behavior endangers not only the residents of McFarland but also visitors and persons traveling through our city.

To aid in the enforcement and prosecution of illegal firearms discharge, many companies have developed gunshot detection technologies. Gunshot detection uses multiple audio devices to pinpoint where a gunshot originated. Officers can then be dispatched to a precise location and have a greater likelihood of identifying offenders, vehicles involved, and addresses involved.

Gunshot detection systems reduce the instances of false alarms as they are designed to detect gunshots specifically and to ignore fireworks or other loud noises. This technology allows officers to focus on actual threats. With this equipment, officers will be more efficient in responding to firearms discharges, which will greatly increase public safety.

Staff have evaluated businesses that provide gunshot detection services. The MPD has identified Flock Safety as one of the leading gunshot detection services in the industry. Flock Safety attaches gunshot detection equipment to their License Plate Reader devices and surveillance cameras. Currently, McFarland has 32 Flock Safety cameras either in use or in the process of being installed within the city limits. Flock Safety would be able to add gunshot detection devices to many of these cameras to provide gunshot detection to the majority of the city.

One aspect of gunshot detection that is unique to Flock Safety is the ability to pair their cameras with gunshot detection technology. This allows the system to take real-time photos of vehicles and people in the area at the time of any firearms discharge. The Flock Safety system also uses the Flock Safety database to pair any vehicle identified near a firearms discharge with the same or similar vehicles at other gunshot detection incidents.

Flock Safety offers this service for $35,000 per year. Flock Safety requires a two-year contract

for this service, but also offers a 90 day evaluation or “Opt-Out Period.” During this trial-period we will evaluate the efficiency of the Flock Safety system and make a recommendation to continue with the service or discontinue and investigate further options.

FINANCIAL IMPACT:

The financial impact is $35,000, to be appropriated from the Police Department’s FY 2024– 2025 budget within the General Fund.

RECOMMENDATION:

Staff recommends the City Council:

1. Adopt Resolution No. 2025-34;

2. Approve the appropriation of $35,000 from the Police Department’s FY 2024–2025 budget in the General Fund; and

3. Authorize the City Manager to execute a two-year lease agreement with Flock Safety for gunshot detection services, contingent upon a successful 90-day trial period.

ATTACHMENTS:

1. CA - McFarland PD Gunshot Detection Pilot Program

RESOLUTION NO. 2025-34

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

APPROVING A BUDGET APPROPRIATION AND AUTHORIZING A LEASE AGREEMENT

WITH FLOCK SAFETY TO IMPLEMENT GUNSHOT DETECTION CAPABILITIES WHEREAS, the City of McFarland is committed to enhancing public safety and protecting its residents and visitors; and
WHEREAS, the unlawful discharge of firearms presents an ongoing threat to public safety in the City; and
WHEREAS, Flock Safety offers a gunshot detection system that integrates with the City’s existing surveillance infrastructure, enabling faster and more effective law enforcement response; and WHEREAS, the City intends to conduct a 90-day pilot period to evaluate the system’s performance before committing to a full two-year lease; and WHEREAS, funding for the first year of this pilot program will be drawn from the Police Department’s approved budget within the General Fund for Fiscal Year 2024–2025; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The City Council approves the implementation of a pilot program with Flock Safety to test integrated gunshot detection technology.

2. The City Council hereby appropriates $35,000 from the Police Department’s FY 2024–2025 General Fund budget to support Year 1 of the program.

3. The City Manager is authorized to execute a two-year lease agreement with Flock Safety, contingent upon a successful 90-day trial period, subject to approval as to form by the City Attorney.

4. City staff shall coordinate with Flock Safety and the McFarland Police Department to ensure proper installation, training, and integration of the system into existing public safety operations.

5. Staff shall report back to the City Council with an evaluation of the system’s performance following the 90-day trial period, and recommend whether to continue with the lease.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on April 16, 2025 by the following vote:

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

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Erika De La Cruz, 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.

APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney

Flock Safety + CA - McFarland PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Lupe Wood
[email protected]
8325998244

EXHIBIT A

ORDER FORM
Customer: CA - McFarland PD Initial Term: 24 Months
Legal Entity Name: CA - McFarland PD Renewal Term: 24 Months Accounts Payable Email: Payment Terms: Net 30
Address: 401 W Kern Avenue Mc Farland, California
93250
Billing Frequency: Annual Plan - Invoiced at the end of the pilot period.

Retention Period: 30 Days

PROJECT PROVE IT
Customer will have a 90 day opt-out period (“Opt-Out Period”) after implementation of the first Flock Hardware to terminate this Agreement without penalty or fees. After the Opt-Out Period, Customer may not terminate the Agreement, and Customer will pay any invoice(s) for the remainder of the Term, Net 30.

Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $35,000.00
Flock Safety Audio Products
Flock Safety Gunshot Detection - 1mi, fka Raven Included 1 Included Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1: $35,000.00
Annual Recurring Subtotal: $35,000.00
Estimated Tax: $0.00
Contract Total: $70,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires selfinstallation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.

Billing Schedule
Billing Schedule Amount (USD)
Year 1

At PPI End Date $35,000.00
Annual Recurring after Year 1 $35,000.00
Contract Total $70,000.00
*Tax not included

Product and Services Description
Flock Safety Platform Items Product Description
Flock Safety Gunshot Detection -
1mi, fka Raven
Gunshot detection - 1 square mile of coverage. Number of units deployed depends on geography and density of area. Gunshot detection is license by coverage area, not number of units.

By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms of Service located at https://www.flocksafety.com/terms-and-conditions/L1/
/
The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - McFarland PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 12.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: April 16, 2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Megan Snyder, Community Development Director
SUBJECT: Approval Of Resolution No. 2025-37 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND APPROVING A COMMUNITY

DEVELOPMENT TECHNOLOGY SERVICES CONTRACT WITH GOVWELL
SUMMARY:

Staff conducted a needs assessment and evaluated multiple software vendors based on the following criteria:
• Cloud-based and mobile accessibility
• Online customer portal and real-time workflow tracking • Workflow automation and customizable approval routing • Reporting and performance dashboards
• Vendor support and implementation services
• Interactive chat for 24/7/365 access and support
After thorough evaluation, GovWell was identified as the most suitable provider. Their system offers a user-friendly interface, robust reporting tools, and comprehensive support. Multiple municipalities of similar size have successfully implemented this software, reporting increased efficiency and improved public and internal staff satisfaction.

BACKGROUND:

The City currently uses an internal platform that requires manual entry of all application data for processing permits related to building, planning, and licensing. This system has been in place for many years and has become increasingly inefficient, lacking in key features, and unable to meet the demands of residents, developers, and city staff.

In recent years, the volume of permit applications has grown significantly, and the current system’s limitations have led to increased processing times, customer service challenges, and limited transparency in tracking and reporting.

Transitioning to an electronic format for building permits is a vital step in modernizing McFarland’s Community Development Department operations. It streamlines the permitting process, increases transparency, reduces paperwork, and significantly improves efficiency for both municipal staff and applicants. An online system enables faster application review, realtime status updates, all while also reducing the cost and space impact of printing and storing physical documents. This shift enhances accessibility across the board. Overall, an electronic

permitting platform represents a smart, sustainable, and citizen-focused solution that is geared up for the growth that is forthcoming in McFarland.

FINANCIAL IMPACT:

The total year 1 cost is $34,500.00. The costs associated with these services were budgeted in the current fiscal year and annual costs will be budgeted within the City's Building, Planning and Administrative budgets.

RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to enter into an agreement with GovWell for the purchase and implementation of a new Building, Planning and Licensing software solution in an amount not to exceed $34,500.00.

ATTACHMENTS:

1. GovWell Order Form - McFarland City CA w_Business Lic (3.28.25).docx

RESOLUTION NO. 2025-37

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

COMMUNITY DEVELOPMENT TECHNOLOGY SERVICES CONTRACT WITH

GOVWELL
WHEREAS, GovWell has submitted a proposal that includes modules for Building, Planning and Licensing; and
WHEREAS, GovWell has demonstrated expertise, experience, efficiency and cost-effectiveness in providing community development technology services; and WHEREAS, the proposed fees are of average market value and ensure high-quality services, efficiency, staff time savings, while maintaining fiscal responsibility for the City; and WHEREAS, the approval of this proposal and service agreement will move the city forward with technological advances
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The City Council hereby approves the proposal.

2. The City Council hereby grants the City Manager authorization to execute the agreement with GovWell on behalf of the City.

3. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on April 16, 2025 by the following vote:

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

CITY OF MCFARLAND

____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Erika De La Cruz, 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.

APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney

GOVWELL ORDER FORM - McFarland City, CA
This Order Form, dated as of the Effective Date, is entered into by and between GovWell Technologies Inc. (“GovWell”) and the customer identified below (“Customer”), and is subject to the Terms of Service (as defined below), which are incorporated by reference herein.

Customer: City of McFarland City, CA Effective Date:

Customer Contact: Megan Snyder Contact Email: [email protected] Contact Phone: Billing Contact:

Billing Email: Billing Phone:

1. SOFTWARE MODULES, LICENSES, AND SUPPORT.

Beginning on the Effective Date, GovWell will make available to Customer the following software modules:

Licenses: GovWell will provide unlimited user licenses to Customer.

Support: GovWell will provide email, phone, and chat-based support to Customer Monday through Friday, 9am to 5pm EST. GovWell will provide responses to all Customer inquiries within 1 business day.

2. IMPLEMENTATION & DATA MIGRATION SERVICES
Beginning on the Effective Date, GovWell will provide implementation services to Customer to ensure the successful launch and adoption of the software. These implementation services may include, but are not limited to: GIS integration, integration with payment processing software, data migration, system configuration, system modifications, and staff training.

Software Module Description Price
(Annual)
Building Permits &
Inspections
Manage building permits, inspections, and plan review. Includes online portal for improving access and transparency to the public. $15,000
Planning & Zoning Online planning & zoning applications, workflow management, and plan review.
$8,000
Business Licenses Manage business license applications & renewals. $6,000 CEO Discount CEO Discount of $4,500 -$4,500
TOTAL: $24,500

3. SUMMARY OF FEES AND TERMS

4. INITIAL TERM
Initial Term: Three (3) years, beginning on the Effective Date.

5. TERMS OF SERVICE. The parties expressly acknowledge and agree that this Order Form, any appendices attached, and any amendments hereto signed by the parties, is subject to and conditioned upon Customer’s agreement to the Terms of Service located at http://www.govwelltech.com/terms (as amended from time to time, the “Terms of Service”). By signing below, Customer expressly acknowledges and agrees that it has reviewed the Terms of Service and agrees to be bound thereby. In the event of any inconsistency or conflict between the terms of this Order Form and the Terms of Service, the terms of this Order Form shall take precedence and govern solely with respect to the specific services, fees, and terms outlined herein, unless otherwise stated in the Terms of Service. All other provisions of the Terms of Service shall remain in full force and effect. Customer further acknowledges and agrees that by signing below, the person signing this Order Form has the authority to execute this Order Form on behalf of Service Description Price (one-time)
Implementation -
Standard
Full-service configuration of system, including:
● Online forms / applications
● Workflows for each record type
● Document templates (Permit cards, COs, notices of violation) ● Inspection templates
● Reports
● Staff training
$11,000
Data Migration
(Raw Data Only) -
Migration of historical permit data to GovWell including data in CSV or Excel format. Customer is responsible for providing GovWell the data in the aforementioned format, and GovWell is responsible for importing it. Modules included:
● Building Permits & Inspections
● Planning & Zoning
● Business Licenses
$4,000
CEO Discount CEO Discount of $5,000 -$5,000
TOTAL: $10,000
Item Description
Year 1 cost $34,500
Annual Recurring Services - Year 2 $24,500
Annual Uplift 5% (not applicable during initial term)
Initial Term Invoice Schedule Annual, invoiced on signing Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date

Customer. This Order Form may not be amended or modified, except in a writing signed by both Customer and GovWell.

AGREED AND ACCEPTED on behalf of the parties by their duly authorized representatives as of the Order Form Effective Date.

CUSTOMER: GOVWELL TECHNOLOGIES INC.:

By (Signature): By (Signature):

Name (Printed): Name (Printed):

Title: Title:

Date signed: Date signed:

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 13.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: April 16, 2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Megan Snyder, Community Development Director
SUBJECT: Report, Discussion, and Direction on the Appeal of Temporary Use Permit 2025-001 Conditions of Approval
SUMMARY:

The appeal request is for the Temporary Use Permit 2025-0001 that allows the McFarland Festival Committee to host the Cinco de Mayo Festival at the Browning Road Park property located at 760 Browning Road.

BACKGROUND:

On March 24th, the applicant, McFarland Festival Committee submitted a request for a Tentative Use Permit for a proposed Cinco de Mayo Festival. City staff closely reviewed the application and took into account the Cinco de Mayo’s previous outcome. City staff produced a final draft of the conditions and shared it with the applicant for review and ability to contest any of the conditions. On April 2, 2025, the City of McFarland presented and approved (4-0) the Temporary Use Permit 2025-0001 to approve a proposed Cinco de Mayo Festival with the condition that all conditions proposed by the City would be met. On April 7th, the McFarland Festival Committee submitted to City staff a request to appeal the approved Temporary Use Permit 2025-0001 and its adjoining conditions. They are requesting that the number of security officers being conditioned be decreased from 20 security officers to 12 security officers on Sunday and 20 security officers to 3 security officers on Friday and Saturday. The applicant’s request was defended with a narrative by the applicant stating that Friday and Saturday the estimated attendance is 100 and 150 versus an attendance of 1,000 on Sunday. Applicant also believes that because 5 McFarland Police Officers will be assigned to the festival, there is no need for 20 security officers. Attached is the applicants appeal narrative.

ENVIRONMENTAL DETERMINATION:

The proposed Site Plan is categorically exempt from the requirements of the California Environmental Quality Act subject to Section 15304. Per Section 15304 it is categorically exempt in the Minor Alterations to the Land which states “Class 4 Section 15304 (e) of the CEQA Guidelines allows for minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc.” This project meets all of these conditions.

ACTION
The staff requests direction and council determination of the appeal of the TUP Conditions of Approval.

FINANCIAL IMPACT:

No financial impact
RECOMMENDATION:

Staff does not recommend approval of the appeal to Resolution 2025-0001 ATTACHMENTS:

1. Appeal App

2. Resolution No. 2025-25 Recommending Approval of the Recordation of Temporary use Permit 2025-0001

3. Conditions_TUP cinco de mayo_2025

ATTACHMENT A
Vicinity Aerial Map

ATTACHMENT C
Aerial Site Plan of carnival

ATTACHMENT D
Conditions of Approval
PART A – PROJECT INFORMATION

1. Assessor’s Parcel Number 201-130-09 and 201-130-10

2. Job Address: Browning Road

3. Existing General Plan: Park

4. Existing Zoning: R-1 / Park

5. Project Description: Allow for the operation of Schoeppner Shows Carnival at the property located above.

PART B – CONDITIONS OF APPROVAL
The conditions of approval are based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety and welfare of the community, and recommended conditions for development that are not essential to the health, safety and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.

Conditions of approval may be appealed within fifteen (15) calendar days from the date of approval.

However, conditions based on the City of McFarland Municipal Code are mandatory and may be modified by variance, provided findings pursuant to the McFarland Municipal Code Section 17.148 can be made. Should an appeal of a mandatory condition of approval be received, an application for a variance and the associated fee must be submitted for consideration.

It is the desire of the City of McFarland to ensure public safety remains paramount. Should an issue surrounding public safety arise, please note that the city has authority under the McFarland Municipal Code 12.21.100(b), to immediately terminate this event.

It is our hope that the event goes wonderfully and is operated in a safe manner. However, should a need for revocation occur, an appeal process is afforded under McFarland Municipal Code

12.21.110(a)(1).

GENERAL CONDITIONS AND REQUIREMENTS
1) No uses of land, buildings, or structures other than those specifically approved pursuant to this Temporary Use permit shall be submitted. (Previous applications included the utilization of the Browning Road Well site. The use of this property is strictly prohibited. If that site is needed, modification of the application is required and temporary fencing will be required to be procured and in place at the sole cost of the committee, to protect critical infrastructure.) 2) Applicant must collect property authorization to use the APN’s proposed (APN: 201-130-09 and 201-130-10) Written confirmation of permission is required. Please note: This TUP is for the aforementioned location only. (A parade is not included in this application) 3) Prior to the start of operation, the applicant shall provide the City of McFarland with an approved Kern County Health Permit/Temporary Food Facility Permit for each food/drink vendor.
4) Liability insurance coverage for a large event of 200 participants must be attained. Proof of coverage must be provided to the City of McFarland by 5:00 pm on April 21, 2025. 5) Any proposed changes to the operation of the proposed business shall require review by the City of McFarland City Council.
6) Carnival shall be required to have trash cans throughout the site. All property that is utilized for the event shall be cleaned after the event.
7) The project is currently used for sporting events and family gatherings and will return to that use.
8) We ask that you operate this event with respect to noise, with consideration to the adjacent properties and in accordance with the McFarland Municipal Code. 9) Please ensure that all signage and materials used during the event do not obstruct public access, block entrance, or pose any safety hazards.
10) The carnival shall only have business hours from 4:00 pm to 9:30 pm. 11) The carnival shall commence operations no sooner than Friday, April 25, 2025, and shall cease operations Sunday, April 27, 2025.
12) The carnival committee will use April 22-24, for set up and April 28-29, for tear down. 13) The expected number of attendees is 200.
14) No animals will participate in the event.
15) A public restroom shall be provided for the employees of the carnival.

16) Activities conducted and equipment or material used shall not change the fire, safety or occupancy classifications of the premises.
17) Use shall not create or cause vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances. 18) No business license shall be issued until a Temporary Use Permit is obtained, pursuant to the City of McFarland Municipal Code.
19) A business license is required upon Temporary Use Permit approval. 20) A Temporary Use Permit is not transferable and expires April 29, 2025. 21) Parking for the event shall not cause traffic congestion along Browning Road and E. Perkins Avenue.
22) Traffic control will be enforced to ensure traffic flow is consistent. The use cannot impede traffic, public safety and/or emergency services in any way. 23) The perimeter of the event shall be fenced and only one entrance shall be established. 24) An executed professional security service agreement providing proof of professional security service and payment is required prior to event commence. a. Twenty (20) security officers and five (5) Police officers shall be on-site at all times of operation of the carnival.
b. Between the hours of 6:00pm-9:30pm on each day of operation, twenty-five (25) security officers will be required.
25) The professional security scope must include individuals possessing a Security Guard registration through the state of CA and possess the ability to maintain consistent communication via radio. 26) The professional security scope must also include the provision of a metal detector and wand(s) for all patrons and vendors entering the event.
27) Security officers shall stand post at the entrance point and facilitate the metal detection function.
28) Signage must be provided and posted at each entrance point and strictly enforced. o Signage must include the following verbiage in English and Spanish:

FOR THE COMFORT AND SAFETY OF ALL GUESTS

NO WEAPONS OR FIREARMS NO KNIVES OR SHARP OBJECTS

NO ALCOHOL OR CONTROLLED SUBSTANCES
NO GANG ATTIRE. NO GANG ASSOCIATED COLORS.

ALL PERSONS AND BAGS ARE SUBJECT TO SEARCH UPON ENTRY

FAILURE TO CONSENT OR SUBMIT TO INSPECTION WILL RESULT IN DENIAL OF ENTRY

29) One (1) McFarland Police Department Sergeant shall be assigned for eight (8) hours at $58.59 per hour. Police Sergeant total cost: $468.72.
30) Four (4) McFarland Officers shall be assigned for eight (8) hours at $48.09 per hour.

Officer total cost: $1,533.88.

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 14.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: April 16, 2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Megan Snyder, Community Development Director
SUBJECT: Approval of Resolution No. 2025-38 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND APPROVING THE RECORDATION OF
TEMPORARY USE PERMIT 2025-0002
SUMMARY:

The Temporary Use Permit 2025-0002 is to allow the McFarland Festival Committee to host a Cinco de Mayo Parade. The parade will proceed down Browning Road from Sherwood Avenue. The parade lineup will be on Sherwood Avenue. Closures will occur on four (4) streets along the route. The property on Browning Road is currently used for a city water wellsite and will return to that use after the event timeframe.

BACKGROUND:

The proposed Temporary Use Permit is for the McFarland Festival Committee.

The Temporary Use Permit will only be good for the use of Friday, April 25, 2025, through Sunday, April 27, 2025, for the use of the city property for parking. The parade is only permitted on Sunday, April 27, 2025. Please refer to the attached resolution and corresponding exhibits for a map overview, event schematic and detailed list of conditions. City of McFarland staff along with the McFarland Police Department completed a detailed review of the application submittals and the festival's history in order to properly compose conditions that will provide a safe environment for attendees.

ENVIRONMENTAL DETERMINATION:

The proposed Site Plan is categorically exempt from the requirements of the California Environmental Quality Act subject to Section 15304. Per Section 15304 it is categorically exempt in the Minor Alterations to the Land which states “Class 4 Section 15304 (e) of the CEQA Guidelines allows for minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc.” This project meets all of these conditions.

FINANCIAL IMPACT:

No financial impact. All staff time is recovered by payment from McFarland Festival Committee.

RECOMMENDATION:

Staff recommends approval of Resolution No. 2025-38 and the recordation of Temporary Use

Permit 2025-0002.

ATTACHMENTS:

1. CC Resolution Attach_Parade Park TUP Cinco de Mayo_2025 -2

RESOLUTION NO. 2025-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING THE RECORDATION OF TEMPORARY USE PERMIT 2025-0002
WHEREAS, McFarland Festival Committee has filed an application for Temporary Use Permit to operate a proposed Cinco de Mayo Parade and parking at the Browning Road Well Site; and WHEREAS, the parade will proceed down Browning Road from Sherwood Avenue. The parade lineup will be on Sherwood Avenue. Closures will occur on four (4) streets along the route. referenced in Exhibit A; and
WHEREAS, the project site is located on Assessor’s Parcel Number 201-130-09, 201-130-10 and 201-130-20; and
WHEREAS, letter was obtained from property owner, McFarland Recreation and Parks District, giving Shoeppner Shows and the McFarland Festival Committee permission to host carnival on the properties (APN: 201-130-09 and 201-130-10). A letter is requested from the City of McFarland granting authorization to utilize the Browning Road Well Site for parking (APN: 201-130-20) ; and WHEREAS, it has been determined that Temporary Use Permit 2025-0001 is exempt from the California Environmental Quality Act (CEQA) per Section 15304(e) the Minor Alterations to the Land; and
WHEREAS, he City Council, through its clerk, did set Wednesday, April 16, 2025, at the hour of 6:00 p.m. in the Council Chambers located at 103 W. Sherwood Ave, McFarland California as the time and place for approval of the recordation of Resolution No. 2025-38 and Temporary Use Permit 2025-0002; and
WHEREAS, the City Council considered all written and oral testimony on Temporary Use permit 2025-0002; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The foregoing recitals are true and correct.

2. The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304(e) the Minor Alterations to the Land. a. The Temporary Use Permit granted shall be subject to conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the zone in which the subject property is located. b. The granting of the Temporary Use Permit will not be detrimental to the public health, safety, convenience, and welfare or injurious to property improvements in the vicinity where the property is located. c.

The Temporary Use Permit does not allow a use or activity which is not expressly authorized by the regulations governing the subject parcel. The proposed event is allowed if granted along with a business license, Temporary Use Permit, and any other conditions applied by the City of McFarland.

3. Temporary Use Permit 2025-0002 is consistent with the goals and policies of the City of McFarland General Plan and with the uses, density, and intensity standards of the General Plan land use designation.

4. Temporary Use Permit 2025-0002 is hereby approved, subject to the conditions in exhibit D.

5. Any decision by the city Council shall be final unless within fifteen (15) days of the date of the decision unless the applicant or any other person appeals the City Council decision in the matter set forth in Section 17.148.100(b) of the McFarland Municipal Code.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on April 16, 2025 by the following vote:

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

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Erika De La Cruz, 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.

APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney

ATTACHMENT A
Vicinity Aerial Map, Parade Route, Staging & Parking
City Owned Property
APN 201-201-130-20
Parking
Parade Staging

ATTACHMENT B
Conditions of Approval
PART A – PROJECT INFORMATION

1. Assessor’s Parcel Number 201-130-09, 201-130-10 and 201-130-20

2. Job Address: Browning Road

3. Existing General Plan: Park

4. Existing Zoning: R-1 / Park

5. Project Description: Allow for the operation of parade and parking for Cinco de Mayo Festival PART B – CONDITIONS OF APPROVAL
The conditions of approval are based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety and welfare of the community, and recommended conditions for development that are not essential to the health, safety and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.

Conditions of approval may be appealed within fifteen (15) calendar days from the date of approval.

However, conditions based on the City of McFarland Municipal Code are mandatory and may be modified by variance, provided findings pursuant to the McFarland Municipal Code Section 17.148 can be made.

Should an appeal of a mandatory condition of approval be received, an application for a variance and the associated fee must be submitted for consideration.

It is the desire of the City of McFarland to ensure public safety remains paramount. Should an issue surrounding public safety arise, please note that the city has authority under the McFarland Municipal Code 12.21.100(b), to immediately terminate this event.

It is our hope that the event goes wonderfully and is operated in a safe manner. However, should a need for revocation occur, an appeal process is afforded under McFarland Municipal Code 12.21.110(a)(1).

GENERAL CONDITIONS AND REQUIREMENTS
1) Utilization of the Browning Road Well site (APN: 201-130-20) will only be authorized on the premise that temporary fencing will be required to be procured and in place at the sole cost of the committee, to protect critical infrastructure.
2) Applicant must attain property authorization to use the APN’s proposed (APN: 201-130-20) Written and signed confirmation of permission is required. 3) Liability insurance coverage for a large event of 2000 participants must be attained. Proof of coverage must be provided to the City of McFarland by 5:00 pm on April 21, 2025. 4) Any proposed changes to the operation of the proposed business shall require review by the City of McFarland City Council.
5) Carnival shall be required to have trash cans throughout the parking site. All properties utilized, including the parade route, for the event shall be cleaned after the event. 6) The properties requested for parking is currently used for a city essential services water well site and will return to that use.
7) Please ensure that all signage and materials used during the event do not obstruct public access, block entrance, or pose any safety hazards.
8) The carnival shall only have business hours from 4:00 pm to 9:30 pm. 9) The carnival shall commence operations no sooner than Friday, April 25, 2025, and shall cease operations Sunday, April 27, 2025; therefore, parking at APN: 201-130-20 shall only be permitted in that timeframe.
10) The carnival committee will use April 22-24, for set up and April 28-29, for tear down. 11) The expected number of attendees is 2000.
12) Activities conducted and equipment or material used shall not change the fire, safety or occupancy classifications of the premises.
13) Use shall not create or cause vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances. 14) A Temporary Use Permit is not transferable and expires April 29, 2025. 15) Parking for the event shall not cause traffic congestion along Browning Road and E. Perkins Avenue.
16) Traffic control will be enforced to ensure traffic flow is consistent. The carnival, parade or parking cannot impede traffic, public safety and/or emergency services in any way.

17) Three (3) McFarland Police Department Sergeant shall be assigned for four (4) hours at $58.59 per hour. Police Sergeant total cost: $703.08.
18) Five (5) McFarland Officers shall be assigned for four (4) hours at $48.09 per hour.

Officer total cost: $961.80.
19) Three (3) McFarland Public Works shall be assigned for four (4) hours at $44.05 per hour.

Public Works staff total cost: $528.60.

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 15.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: April 16, 2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Megan Snyder, Community Development Director
SUBJECT: Approval of Resolution No. 2025-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING RESOLUTION 2025-36 AND THE RECORDATION OF TEMPORARY USE PERMIT 2025-0003
SUMMARY:

The Temporary Use Permit 2025-0003 is to allow Off the Charts to host a 4/20 event at their retail facility. The event will include a number of vendors and promotions at the 981 Frontage Road property. The event is proposed to operate on Saturday, April 19, 2025, from 12:00 p.m. to 6:00 p.m., utilizing Assessor’s Parcel Numbers 201-031-03-6 and 201-031-04-4 for event activities and parking. Additionally, Off the Charts will be required to maintain four (4) professional security personnel on-site for the full duration of the event.

It is worth noting that Off The Charts successfully hosted a similar event during their grand opening in November 2024, where all conditions were fully observed. The event had a consistent traffic flow with no large gatherings at any one time, and staff maintained compliance with all public safety and operational requirements.

The proposed Temporary Use Permit is for Off the Charts 4/20 event. The carnival project site is located on Frontage Road. A letter was requested from the property owner of Off the Charts to host this event. Additionally, in this request, a letter from the City McFarland, giving Off the Charts permission to host an excess event parking on their property. The property is designated zoned as C2 (Commercial). Per McFarland Municipal Code 12.21.030, an event is permitted in any zone upon the granting of a Temporary Use Permit. The Temporary Use Permit will only be good for the date of April 19, 2025, exclusively and is non-transferable. The expected number of attendees at the event is projected to be 600 throughout the day. Please refer to the attached resolution and corresponding exhibits for a map overview, event schematic and detailed list of conditions. City of McFarland staff along with McFarland Police Department completed a detailed review of the application submittal in order to properly compose conditions that will provide a safe environment for attendees.

FINANCIAL IMPACT:

This TUP will have no financial impact as no city staff or resources are allocated to this event.

RECOMMENDATION:

Staff recommends approval of Resolution No. 2025-36 approving the recordation of Temporary

Use Permit 2025-0003.

ATTACHMENTS:

1. CC Resolution_AttachOTC420_2025

RESOLUTION NO. 2025-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING RESOLUTION 2025-36 ANDTHE RECORDATION OF TEMPORARY USE PERMIT 2025- 0003
WHEREAS, McFarland Off the Charts has filed an application for Temporary Use Permit to operate a proposed OTC 420 event to be held on Saturday, April 19, 2025; and WHEREAS, the project location is generally located on Frontage Road referenced in Exhibit A; and
WHEREAS, the project site is located on Assessor’s Parcel Number 201-031-03-6 and 201- 031-04-4; and
WHEREAS, letter was requested from property owner, Off the Charts and the City of McFarland giving Off the Charts permission to host the event on the properties (APN: 201-031-03-6 and 201-031-04-4); and
WHEREAS, it has been determined that Temporary Use Permit 2025-0003 is exempt from the California Environmental Quality Act (CEQA) per Section 15304(e) the Minor Alterations to the Land; and
WHEREAS, the City Council, through its clerk, did set Wednesday, April 16, 2025, at the hour of 6:00 p.m. in the Council Chambers located at 103 W. Sherwood Ave, McFarland California as the time and place for approval of the recordation of Resolution No. 2025-36 and Temporary Use Permit 2025-0003; and
WHEREAS, the City Council considered all written and oral testimony on Temporary Use permit 2025-0003; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The foregoing recitals are true and correct.

2. The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304(e) the Minor Alterations to the Land.
a. The Temporary Use Permit granted shall be subject to conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the zone in which the subject property is located. b. The granting of the Temporary Use Permit will not be detrimental to the public health, safety, convenience, and welfare or injurious to property improvements in the vicinity where the property is located.
c. The Temporary Use Permit does not allow a use or activity which is not expressly authorized by the regulations governing the subject parcel. The proposed event is allowed if granted along with a business license, Temporary Use Permit, and any other conditions applied by the City of McFarland.

3. Temporary Use Permit 2025-0003 is consistent with the goals and policies of the City of McFarland General Plan and with the uses, density, and intensity standards of the General Plan land use designation.

4. Temporary Use Permit 2025-0003 is hereby approved, subject to the conditions in exhibit D.

5. Any decision by the city Council shall be final unless within fifteen (15) days of the date of the decision, unless the applicant or any other person appeals the City Council decision in the matter set forth in Section 17.148.100(b) of the McFarland Municipal Code.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on April 16, 2025 by the following vote:

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

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Erika De La Cruz, 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.

APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney

ATTACHMENT A
Vicinity Aerial Map

ATTACHMENT B
Aerial Map Overview
OTC Property
APN 201-031-03-6
Event Location
City Owned
Property
APN 201-031-04-4
Parking

ATTACHMENT C
Narrative (Provided by Applicant)
On Sunday, April 20th Off the Charts will be holding an event for the international holiday of 4/20 at 981 Frontage Rd, Mcfarland, CA 93250. The entire staff of 10 will be on hand throughout the entire event. The dispensary opens for business at 6:00am and is open until 10:00pm.

Throughout the duration of the business day we expect to see around 600 people; approximately 80-100 people at one time. To mitigate traffic and relieve congestion in the immediate area we have requested the temporary use of the lot next door and will ensure that it is properly cleaned after the event. The property in which the event will be held is owned by Off The Charts. The event will have several vendors, some with food permits, others with merchandise to give away. A DJ will be at the event as well for entertainment purposes. The peak hours of the event, when the vendors will be on location, will be from approximately 12-6pm.

After 6pm the business will operate like normal.

ATTACHMENT D
Conditions of Approval
PART A – PROJECT INFORMATION

1. Assessor’s Parcel Number 201-031-03-6 and 201-031-04-4

2. Job Address: 981 Frontage Road

3. Existing General Plan: Commercial

4. Existing Zoning: C-2

5. Project Description: Allow 420 event at the property located above.

PART B – CONDITIONS OF APPROVAL
The conditions of approval are based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety and welfare of the community, and recommended conditions for development that are not essential to the health, safety and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.

Conditions of approval may be appealed within fifteen (15) calendar days from the date of approval. However, conditions based on the City of McFarland Municipal Code are mandatory and may be modified by variance, provided findings pursuant to the McFarland Municipal Code Section 17.148 can be made. Should an appeal of a mandatory condition of approval be received, an application for a variance and the associated fee must be submitted for consideration.

It is the desire of the City of McFarland to ensure public safety remains paramount. Should an issue surrounding public safety arise, please note that the city has authority under the McFarland Municipal Code 12.21.100(b), to immediately terminate this event.

It is our hope that the event goes wonderfully and is operated in a safe manner. However, should a need for revocation occur, an appeal process is afforded under McFarland Municipal Code 12.21.110(a)(1).

GENERAL CONDITIONS AND REQUIREMENTS

1. Applicant must attain property authorization to use the APN’s proposed (APN(s): 201- 031-03-6 and 201-031-04-4) and supply the City with the written and signed confirmation of permission to use the property by 5:00 pm on April 17, 2025.

2. Prior to the start of operation, the applicant shall provide the City of McFarland with an approved Kern County Health Permit/Temporary Food Facility Permit for each food/drink vendor.

3. Liability insurance coverage for a large event of 600 participants must be attained. Proof of coverage must be provided to the City of McFarland by 5:00 pm on April 17, 2025.

4. Any proposed changes to the operation of the proposed business shall require review by the City of McFarland City Council.

5. OTC shall be required to have trash cans throughout the site. All property that is utilized for the event shall be cleaned after the event.

6. Applicant must attain property authorization to use the APN’s proposed (APN(s): 201- 031-03-6 and 201-031-04-4) and supply the City with the written and signed confirmation of permission to use the property by 5:00 pm on April 17, 2025.

7. We ask that you operate this event with respect to noise, with consideration to the adjacent properties and in accordance with the McFarland Municipal Code and music shall cease at 6:00pm.

8. Please ensure that all signage and materials used during the event do not obstruct public access, block entrance, or pose any safety hazards.

9. The event will not exceed the traditional operating hours of 6:00am and 10:00pm.

10. The expected number of attendees is 600 throughout the day, estimated 80 – 100 at a given time.

11. No animals will participate in the event.

12. A public restroom shall be provided for the employees and attendees.

13. Activities conducted and equipment or material used shall not change the fire, safety or occupancy classifications of the premises.

14. Use shall not create or cause vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances.

15. No business license(s) associated with this event shall be issued until a Temporary Use Permit is obtained, pursuant to the City of McFarland Municipal Code.

16. A Temporary Use Permit is not transferable and expires April 20, 2025.

17. Parking for the event shall not cause traffic congestion along Frontage Road.

18. Traffic control will be enforced to ensure traffic flow is consistent. The use cannot impede traffic, public safety and/or emergency services in any way.

19. Any cannabis affiliated prizes, promotional items, or giveaways will require a proof of purchase at the cannabis storefront, entrance into the dispensary, and scan of ID.

20. No alcohol will be allowed nor sold on the premises.

21. No cannabis products will be allowed to be used on the premise.

22. An executed professional security service agreement providing proof of professional security service and payment is required prior to event commence. a. Four (4) security officers shall be on-site at all times of operation of the event. b. A security guard shall stand post at entry, inside the store front, at the parking location, and one roving throughout the event.

23. The professional security scope must include individuals possessing a Security Guard registration through the state of CA and possess the ability to maintain consistent communication via radio.

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 16.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: April 16, 2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Erika De La Cruz, City Clerk
SUBJECT: Review and Discuss City Council Applications
SUMMARY:

On April 2, 2025, the McFarland City Council has approved an extension for the application period, with the new deadline set for April 11, 2025. At this time, the Council may review the submitted applications and determine the appropriate next steps, which may include scheduling interviews, making an appointment, or reopening the application process. It is important to note that the 60-day deadline for this process is April 20, 2025.

FINANCIAL IMPACT:

No Financial Impact
RECOMMENDATION:

Staff recommend that the City Council review the list of applicants who have applied and provide direction on the next steps, which may include scheduling interviews or making an appointment.

ATTACHMENTS:

1. Martin Gutierrez- City Council Application

APPLICATION FOR APPOINTMENT TO CITY COUNCIL

OF THE CITY OF MCFARLAND
(Separate page(s) may be attached if additional space is needed however, all sections and all questions on this application form must be completed.)

1. Full legal name:

2. Address of legal residence or domicile within the City (attach two utility bills or similar documents as proof of residency):

3. Contact information:

Phone Email

4. Occupation/Employer:

5. Are you a resident of the City of McFarland?

6. How long have you lived in McFarland?

7. Are you a registered voter and over 18 years old?

8. Are you disqualified, or have you been disqualified, by the Constitution or laws of the state from holding a civil office?

9. Have you ever been convicted of a felony involving the giving, accepting, or offering of a bribe, embezzlement or theft of public funds, extortion, perjury, or conspiracy to commit any such crime, under California law or the law of another state, the United States, or another country? If so, have you been granted a pardon in accordance with law?

10. Why do you wish to serve as a member of the City Council of the City of McFarland? Martin Cortez Gutierrez Jr.

McFarland Unified School District
Yes
44 years 9 months
Yes
No
No
I have lived in McFarland my whole life and have seen in recent years, about 5 years and before that our local city council and local government did very little to improve the image of our city and at time make it look bad. Recently many of my neighbors and I notice our city council and local government is starting to do many great things in our city.

From improving many of our roads, to approving new housing developments, getting the funding for a new police station, bring new business to our city, and many other great things. I want to be a part of our city's future growth and I want to witness up close all the great things that are coming to our city.

11. What would you bring in the way of perspective or experience to the City Council?

12. Describe your qualifications which will assist the City Council in evaluating your application:

13. Describe your involvement with the community in McFarland, including any community service:

14. Describe any prior governmental experience, including any tiesto, or experience with, working with the City Council or City staff:

If selected to be a part of the City Council for zone 2 I want to represent the residents of zone 2 and all of my neighbors from the East Side of McFarland. I have a great relationship with the residents of McFarland and even though I am not on any local government I have been a person that many people come to with concerns whether it be with the city issues, school district issues, and even Recreation and Park issues. I am ready to work hard on the city council to help our city grow in a positive direction.

At this moment I have no experience serving on any government. One thing that I believe can help me as a qualification to serve on the City Council is my relationship with many residents of my city. I have a connection with residents from all around town and from many jobs. I hope I will get experience to be a member of the city council for a very long time.

The only involvement I have within our community of McFarland is being a soccer coach in many different level in different leagues. I started as a volunteer coach and Regional Administrator for our local AYSO region 1416. I moved to coaching girl's and women's in local leagues. In 2008, I started my coaching career at McFarland High School as Varsity girls soccer Coach. I am still the coach of the girls soccer team at McFarland High School.

I have no prior experience in any local government.

15. What is your vision for the City of McFarland?

16. What do you perceive to be the primary issues facing the community now and over the next 2- 4 years? Do you have any ideas of how the community should approach solutions to these issues?

17. What do you believe is the responsibility of a City Councilmember to the general community? To developers or business? To the City Council?

18. Regular meetings of the City Council are on the 1st and 3rd Wednesday of each month starting at 6:00 p.m. Will you be able to attend regular Council meetings if appointed?

19. Will you be willing to serve on the City Council including any Council subcommittees or appointments to boards and commissions?

20. Please state any other information you would like to provide:

The vision I have for the City of McFarland
is that I want the city to continue to be a safe place to raise a family. Our McFarland Police officers are doing a great job and the difference is noticed. We have to continue to provide everything that is necessary for our Police Department to operate successfully. Another thing that I see in my vision for McFarland is for the City to continue to grow with more residential housing and more business in our town so that it can add to the our sales tax revenue and we have a balanced budget.

The primary issue that faces our community is road conditions. I know our current city council and city employees have secured some funding and they are working to fix our roads but we are still behind in getting the roads where they should be. By adding new I believe the responsibility of a City
Council member is to represent the community the best it can with well informed decisions that are aim to benefit the daily life of the residents of McFarland. It is also the responsibility of the City Councilmember to listen to any concern of our residens and try to address them in a timely and appropriate manner. A councilmembers responsibility to developers and businesses is to listen to potential benefits that they can bring to our city. The responsibility of the City councilmember to the actually City Council is to be available at all meeting, city functions, other local events.

Yes.

Yes
I am wanting to serve in the
City Council to represent my city and serve the residents the best I can. I have experience working in the public and private job sectors and I know the struggles of many resident in our community and I want to bring a different perspective to the City Council. businesses we can receive more tax revenue where the city workers can maintain the our roads on a regular basis.

Next Steps:
• Completed applications may be submitted to Erika De La Cruz, City Clerk, at McFarland City Hall, 401 W. Kern Avenue, McFarland, CA 93250, or via email at [email protected] by April 2, 2025 by 12:00pm (PST) Requirements:
• Registered Voter for the City of McFarland
• Must be 18 years or older
Additional Information:
• If appointed, you will need to complete an FPPC conflict of interest form 700. • You may also be subject to a background check.
• If appointed, the City will provide orientation and opportunities for training including any training required by State law.

Acknowledgement:

I declare under the penalty of perjury that I am a registered voter with a legal residence or domicile within the City of McFarland. I also acknowledge and agree that the appointment to fill a vacancy on the City Council is a public process. As a result, this application may be used or released to the public subject to redaction of personal information by the City as appropriate. Further, I understand that as a potential candidate I may be subject to subsequent public interviews or discussion of the merits by the City Council during City Council meetings which are open to the public. Finally, I confirm that I will be able to attend and participate, including attendance of regular Council meetings, if appointed as a Councilmember.

Print Name:

Signature:

Date:

Martin Cortez Gutierrez Jr.

April 11, 2025