McFarland City Council
December 10, 2025

11 Speakers: Traci Lee, Assistant Treasurer, Orange County Fire Authority Jonathan Orazco, Finance Manager, City of Cupertino
Jennifer Stevenson, Financial Planning & Analysis Manager, Clean Power Alliance Speed Networking (Foundational)
This session will help attendees be more comfortable with networking. Topics range from pre-event mindset and how to get into a conversation to how to get out of a conversation and follow-up. There’s even an entire section on handshakes! Attendees will get multiple opportunities to practice the skills they learn in this session and to network with other conference attendees. Bring business cards and prepare to have fun and learn some of Steve’s tips and tricks on how to become a master networker!
Speaker: Steve Yu, Chief Operating Officer/Chief Financial Officer, UCLA South Bay Treasury and Debt Management
An Investment Program for All Seasons (Foundational)
In this session, panelists will walk through case studies and best practices of public entities’ investment programs to optimize results during all market and economic seasons. Topics covered will include building a robust asset/liability (cash flow) model; prudent interest rate risk and credit risk; benchmarking your investment program and portfolio in multiple ways; providing quality, timely, and transparent reporting; and realizing no one can accurately time the market over the long run. Public fund investment programs are one of the only places where revenue can be generated without charging taxes or fees to taxpayers or ratepayers. Having time-tested principles in place will help ensure the three primary investment program objectives of safety, liquidity, and income are being met.

Speakers: Patricia Song, Finance Director, City of Garden Grove Rick Phillips, Senior Vice President, Chief Investment Strategist, Meeder Public Funds Arbitrage Rebate – It’s Baaaaack! (Advanced)
After an extended period of historically low short-term reinvestment rates, current rates have risen to levels that are now generating positive arbitrage. This session is designed to educate and reorient finance officials – particularly those navigating arbitrage rebate compliance for the first time. Managing compliance remains complex given the ongoing potential for positive arbitrage. This panel – featuring a tax attorney and an arbitrage rebate service provider – will explore the rules and regulations surrounding arbitrage rebate and yield restriction, using real-world examples and case studies to highlight effective strategies for maximizing retainable earnings and planning for future rebate payments in today’s favorable reinvestment climate. At the conclusion of this session, attendees will understand the importance and relevance of post-issuance tax compliance as it relates to their tax-exempt bond program, the arbitrage rebate and yield restriction rules applicable to the investment of tax-exempt bond proceeds and the exceptions to such rules, and the importance of managing expected arbitrage rebate payments.

Speakers: Glenn Casterline, Managing Director, BLX Group LLC John Stanley, Partner, Orrick, Herrington & Sutcliffe LLP Changing Landscape for Bond Refinancings (Advanced)
Since the enactment of the Tax Cuts and Jobs Act (TCJA) in 2017, municipal issuers have sought out new ways to refinance debt, prompting the Government Finance Officers Association (GFOA) to publish new Best Practices for Tender Refundings to supplement its suite of refunding and other best practices, even as the GFOA continues to lead the Public Finance Network’s efforts to restore tax exempt advance refundings. Hear more about the state of play, what has changed, and what the future holds for managing savings in your debt portfolio. At the conclusion of this session, participants will understand what refinancing strategies are currently working in the marketplace given the current state of law and interest rates, and the latest GFOA best practices for refunding practices, including new guidance released in 2025. You will learn how to make decisions on whether a refunding is worthwhile or when it is more valuable to wait to refund bonds. You will also understand the prospect for legislative changes in Washington, current lobbying initiatives by GFOA and the Public Finance Network, and what you can do in the meantime.

Speakers: Emily Brock, Director, Federal Liaison Center, Government Finance Officers Association Nikolai Sklaroff, Capital Finance Director/Commissioner, San Francisco Public Utilities Commission/California Debt and Investment Advisory Commission Simon Wirecki, Managing Director, Jefferies LLC

12 An Explorer’s Map to Cash Flow Modeling and Optimization (Advanced) This session will provide instruction on budgetary and statistical approaches to modeling your agency’s use of cash.

Too liquid and leaving money on the table? No problem! Reserving funds to make your CalPERS payment? No problem! This session will include training on the science and art of cash flow projection and optimization of your cash. Real life samples that are applicable across numerous local governments will be included. Participants will learn how to develop a budgetary cash flow model to understand their cash use patterns and project future needs.

They’ll explore statistical approaches to modeling cash flow and understand the advantages and disadvantages of this approach. Participants will also learn how to apply appropriate investment strategies to optimize their investment program based on modeled cash needs.

Speakers: Liana Whyte, Budget & Treasury Manager, San Diego County Water Authority Carlos Oblites, Senior Portfolio Strategist, Chandler Asset Management, Inc.

Finance Officers’ Feud (Foundational)
This fun, interactive game will review terms and topics that finance and treasury management professionals hear daily – inflation, cash flow forecasting, GASB standards, benchmarking, and more! Dig through your closets and dust off that Government Finance 101 textbook you swore you’d use again one day and come ready to play. However, there is one tidbit of unfortunate news: Steve Harvey has a scheduling conflict and will be unable to host.

Speakers: DeAnna Christensen, Director of Finance, City of Modesto Nick Nelson, Corporate Banking Relationship Manager, U.S. Bank Monique Spyke, Managing Director, PFM Asset Management, a division of U.S. Bancorp Asset Management, Inc.

How do You Know I’m Doing my Job? GFOA’s New Best Practice (Foundational) How do I prove to the public I’ve been a good steward of their money? This session introduces the GFOA’s new framework for benchmarking stewardship in public fund investing. Attend this session to understand the GFOA’s new stewardship-based benchmarking framework and how it replaces traditional total return comparisons, and learn how to differentiate between a benchmark and an index by learning how stewardship is evaluated using a Suitability Index. In this session, you’ll learn how to construct and apply five core policy-based indices – liquidity, duration, credit, income, and legal compliance – to measure portfolio suitability. The panel will also explore how this framework scales for agencies of all sizes, enabling both large and small public funds to demonstrate fiduciary accountability.

Speakers: Dennis Kauffman, Assistant City Manager/Chief Financial Officer, City of Roseville Benjamin Finkelstein, Managing Director, Hilltop Securities Investment Trail Maps: Active Strategies to Optimize Your Portfolio (Foundational) In today’s dynamic interest rate environment, public agencies have a unique opportunity to enhance investment performance through active portfolio management – rather than relying solely on state investment pools or outsourcing. This session will guide you through practical, proactive strategies for managing public funds, including how to construct and maintain a laddered portfolio, develop diversification, and evaluate when market conditions are appropriate to consider trading a security before maturity to capitalize on long-term yields. Join a senior financial strategist and two municipal finance practitioners as they share real-world insights on working within the California Government Code to build compliant, high-performing portfolios. Learn how disciplined active management and strategic collaboration can “safely” elevate your agency’s liquidity, income, and overall financial performance.

Speakers: Rosemary Hallick, Principal Management Analyst, City of La Quinta Stephen Parker, Assistant City Manager, City of Upland
Geoff Ringstad, Managing Director, Stifel

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 12.

Section: CONSENT AGENDA
Meeting Date: December 10,
2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Megan Snyder, Community Development Director
Brianahi De Leon, Senior City Planner
SUBJECT: Approval of Resolution No. 2025-159 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND APPROVING THE FINAL MAP FOR TRACT MAP NO. 7394 PHASE 2, CONTINGENT UPON THE RECEIPT

OF REQUIRED IMPROVEMENT BONDS, SUBDIVISION GUARANTEE,

FINAL MAP, AND IMPROVEMENT AGREEMENT AUTHORIZING THE CITY

CLERK TO ENDORSE THE FINAL MAP, AND AUTHORIZING THE CITY

ENGINEER TO TRANSMIT SAME TO THE COUNTY CLERK'S OFFICE
SUMMARY:

Leora, LLC as sub-divider for Tract Map No. 7394 has submitted the Subdivision Improvement Agreement and Final Tract Map for phase 2 for City Council’s approval. City staff curated the Subdivision Improvement Agreement with the attached Conditions of Approval. The City Engineer has reviewed the final map and found it in substantial conformance with the Subdivision Map Act. The City Planner has reviewed the final map and found it in substantial compliance with the approved Tentative Map. The Community Development Director and City Attorney have reviewed the subdivision agreement in accordance with City standards and recommend approval.

FINANCIAL IMPACT:

The construction project is fully funded by developers and the sub-divider has paid the final map and recording fees.

RECOMMENDATION:

Staff recommends that the City Council approve Resolution 2025-159 approving the recordation of Final Tract Map for Phase 2 and Subdivision Agreement with Leora, LLC for Tract 7394. Approval is contingent upon the receipt of required improvement bonds, subdivision guarantee, final map, and improvement agreement. Authorize the City Clerk to endorse the final map and authorizing the City Engineer to transmit same to the county clerk’s office.

ATTACHMENTS:

1. Attachment 2: Final Map - TRACT 7394 PHASE 2

2. Attachment 1 Subdivision Improvement Agreement Tract 7394 Phase 2

RESOLUTION NO. 2025-159

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING THE FINAL MAP FOR TRACT MAP NO. 7394 PHASE 2, CONTINGENT UPON THE

RECEIPT OF REQUIRED IMPROVEMENT BONDS, SUBDIVISION GUARANTEE, FINAL

MAP, AND IMPROVEMENT AGREEMENT AUTHORIZING THE CITY CLERK TO

ENDORSE THE FINAL MAP, AND AUTHORIZING THE CITY ENGINEER TO TRANSMIT

SAME TO THE COUNTY CLERK'S OFFICE
WHEREAS, Leora, LLC, as Sub-divider for Tract Map No. 7394, has submitted the Final Map for Tract Map No. 7394 Phase 2 in the City of McFarland; and WHEREAS, Leora, LLC, desires to enter into this Subdivision Improvement Agreement Tract 7394, Phase 2 with the City for the purpose of completing the construction of the Improvements and providing the necessary security to guarantee their faithful performance; and WHEREAS, the Tentative Tract Map No. 7394 Phase 2 was approved by the City of McFarland, subject to certain conditions; and
WHEREAS, the Sub-divider has submitted the required Final Map for Tract Map No. 7394 Phase 2 and it has been approved by the City Engineer and City Planner.

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

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

2. The City Council approves the Final Maps for Tract Map No. 7394 Phase 2.

3. The City Council approve the Subdivision Improvement Agreement Tract 7394 Phase 2 and provide the city manager authority to execute the documents necessary to make it effective.

4. The City Council approves the recordation of Final Map, contingent upon the receipt of required improvement bonds and subdivision guarantee with final certification.

5. The City Council authorizes the City Clerk to endorse the Final Map for Tract Map 7394 Phase

2. 6. The City Council authorizes the City Engineer to transmit the Final Map to the County Clerk’s Office for recordation.

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

8. This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on December 10, 2025 by the following vote:

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

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

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of McFarland
Attn: Community Development Director
401 W Kern Avenue
McFarland, CA 93250
NO FEE REQUIRED PURSUANT TO:

Government Code Sections 6103 and 27383
[Space above this line for Recorder’s Use Only]

SUBDIVISION IMPROVEMENT AGREEMENT

SUBDIVISION REFERENCE DATA
FINAL TRACT MAP NO. 7394 Phase 2 (“Final Map” herein)
BASED ON VESTING TENTATIVE TRACT MAP NO. 7394

NAME OR TRACT NUMBER
OF SUBDIVISION:

TRACT 7394
(“Subdivision” herein)

LEGAL DESCRIPTION OF
PROPERTY:

See Exhibit A — Legal Description of Property (the
“Property” herein) located at 060-090-32

NAME AND ADDRESS OF
SUBDIVIDER:

Leora, LLC
6501 Fruitvale Avenue
Bakersfield CA 93308

CITY COUNCIL RESOLUTION
OF APPROVAL NO.:

Resolution No. 2025-159(“Resolution of Approval”
herein)
IMPROVEMENT PLANS:

Tract 7394 Grading Plan
Tract 7394 Sewer / Storm Drain Plans
Tract 7394 Street Improvements Plans
Tract 7394 Water Plans
(hereinafter “Improvement Plans,” which include all
Subdivision specifications.)
IMPROVEMENTS: See Exhibit B — Schedule of Improvements and Section

1.A below

ESTIMATED TOTAL COSTS OF
IMPROVEMENTS:

PERFORMANCE

PAYMENT

WARRANTY
$________
$________
$__________
(hereinafter “Estimated Total Costs”)

FORM OF IMPROVEMENT
SECURITY:
[x] Surety Bonds
[ ] Deposit of Money
[ ] Other: ________________

NAME AND ADDRESS OF
SURETY:
____________________________
SURETY BOND NUMBERS: __________________

EFFECTIVE DATE OF
AGREEMENT:
__________________
COMPLETION PERIOD: All Improvements of Subdivision shall be completed within one year from the Effective Date of the
Agreement (hereinafter, “Completion Period”).

THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of McFarland, a California municipal corporation (the “City”), and the Subdivider whose name and address is set forth above in the Subdivision Reference Data.

RECITALS
A. Subdivider has presented to the City for approval and recordation the Final Map for Phase 2 of the Subdivision, as identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City’s ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the “Subdivision Laws”).

B. A vesting tentative tract map of the Subdivision was previously approved by the City, subject to the Subdivision Laws and to the City’s standard requirements and conditions of approval contained in the City Council’s Resolution of Approval, a copy of which is on file in the Office of the City Clerk and which is incorporated herein by this reference.

C. In connection with approval of Tract 7394, the City also approved the Development Agreement, dated September 16th, 2021 by and between the City and Subdivider, recorded on November 3, 2021 as Document No. 221207446 in the Official Records of the County of Kern (“Development Agreement”).

D. The Subdivision Laws establish, as a condition precedent to the approval of a Final Map, that the Subdivider comply with the City Council’s Resolution of Approval and either (i) complete, in compliance with City standards, all of the Improvements and land development work required by the Subdivision Laws and the City Council’s Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the Improvements and land development work within a period of time specified by the City.

E. In consideration of approval of the Final Map for the Subdivision by the City Council, the Subdivider desires to enter into this Agreement whereby the Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. The Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City, as set forth herein.

F. Improvement Plans, as designated above in the Subdivision Reference Data, for the construction, installation and completion of the improvements identified in Exhibit B hereto, have been prepared by the Subdivider, approved by the Director of Public Works or his/her designee (the “Director”), and are on file in the office of the Director. Said Improvement Plans are incorporated herein by this reference.

NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the Final Map of the Subdivision, the Subdivider and the City agree as follows:

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1. SUBDIVIDER’S OBLIGATION TO CONSTRUCT IMPROVEMENTS
A. Subdivider shall, at its sole cost and expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, all Conditions of the Resolution of Approval, the Development Agreement, and all applicable City standards and fees, and in a good and workmanlike fashion, furnish, construct, install and guarantee and warranty (as set forth in Section 5 of this Agreement) the Improvements generally described in Exhibit B and more specifically described in the tentative map and in the City Council’s Resolution of Approval relating thereto (collectively, the “Improvements”).

B. To the extent necessary to construct the Improvements, as determined by the Director, the Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. The Subdivider’s obligations with regard to the acquisition by the City of off-site rights-of-way, easements and other interests in real property, if any, shall be subject to a separate agreement between the Subdivider and the City.

C. Subject to any time extensions granted in accordance with Section 6 of this Agreement, the Subdivider shall complete all Improvements within the Completion Period specified in the Subdivision Reference Data.

D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than thirty (30) days after the City’s acceptance of all other Improvements pursuant to Section 4 of this Agreement. As used herein, “monumentation” shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the Director of tie notes for said points.

E. Subdivider shall, at its sole expense, replace or repair all public improvements, public property, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement or any work related to the Subdivision. Any such replacement or repair shall be subject to the approval of the Director.

F. In addition to, and separate from, the indemnity obligations contained in Section 9 of this Agreement, and without limiting the City’s remedies under general construction defect law, Subdivider shall be responsible for the care, repair and maintenance of the Improvements, and shall bear all risks of loss or damage to the Improvements, until the expiration of the required one-year guarantee and warranty period as specified herein. Neither the City, nor its officers, officials, employees, agents or volunteers, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City.

G. In addition to and separate from: (i) the indemnity obligations contained in Section 9 of this Agreement; (ii) the care, repair and maintenance obligations contained in Subsection F of Section 1 of this Agreement; and (iii) the warranty and guarantee provisions of Section 5 of this Agreement, the Subdivider shall repair and correct any defect in the construction of the rolled curb and gutters installed in the Subdivision for a period of two (2) years after the City’s acceptance of said improvements, provided the City provides notice to the Subdivider of the

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existence of the defect within that time period, and the defect is caused directly or indirectly by the design, construction, functionality, installation, assembly or workmanship of the Subdivider.

H. The Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all taxes required by law. Additionally, the Subdivider shall pay all fees and costs required by the City’s ordinance or resolution per the terms of the Development Agreement, including but not limited to, building permit fees, final map filing fee, final map plan check fees, final map monumentation fees, grading permit fees, plan check and review fees, encroachment permit fees, and inspection fees.

I. Not less than fifteen (15) days prior to commencement of work on the Improvements, the Subdivider shall give written notice to the Director of the date fixed for such commencement of work so that the Director shall have adequate time to schedule all necessary inspections.

J. Subdivider shall provide the City with final Record Drawings of all plans developed for the Subdivision, showing all changes and as built conditions as specified in the Resolution of Approval prior to the acceptance of Improvements and release of bonds or other security.

2. SOILS TESTING AND REPORT
A. In the event the Director determines that soil testing is required for the Improvements, the Subdivider shall employ and pay for a Soils Engineer acceptable to the Director of the City and the Soils Engineer shall perform materials testing, construction control testing, interpretation of test results, and design for the Improvements in accordance with the requirements set forth in Improvement Plans, and to the extent applicable, the APWA Standard Plans for Public Works Construction (Southern California Chapter) (popularly known as, and hereinafter, the “Greenbook”), as approved by City.

B. The Soils Engineer shall provide the City the reports containing the results of the testing, the interpretation of the results and the Improvement design done in connection with the Improvement Plans and this Agreement. With the last report filed, the Soils Engineer shall include a certificate that the testing, interpretation, and design have been done properly in accordance with the applicable provisions of the Greenbook, as approved by the City, and good engineering practices. All reports and the certificates shall be mailed or delivered to the City.

C. The street portion of the Improvements shall be constructed in accordance with the pavement design, and any modification thereto, that is approved by the Director.

3. SPECIFICATIONS FOR IMPROVEMENTS
Subdivider shall construct, at Subdivider’s own expense, all of the Improvements in compliance with the drawings, plans and specifications set forth below, which drawings, plans and specifications are incorporated herein by this reference and made a part of this Agreement as though set forth at length herein: Improvement Plans, as designated above in the Subdivision Reference Data, on file in the office of the Director.

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Consistent with the offers of dedication shown on the Final Map, Subdivider irrevocably offers the public Improvements within City right of way and property, to City for public use.

4. INSPECTION OF WORK AND FINAL ACCEPTANCE
A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the Director and other City personnel and inspection consultants.

B. Upon completion of the work on all of the Improvements specified in Exhibit B, the Subdivider may request, in the form of a written letter, a final inspection by the Director.

Within twenty (20) days of receipt of the written letter request, the Director shall inspect the Improvements and provide written notice to Subdivider of the list of items which have been found to be incomplete and the list of items which have been found to be complete. If the Director determines that all of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the Director shall certify that determination in a report to the City Council. If the Improvements that are completed are to be dedicated to or owned by the City, the Director’s certification shall be submitted to the City Council for final acceptance by the City, unless such power to accept has been delegated by the City Council to the Director or some other official of the City, in which case the final acceptance shall be subject to the approval of that specified official. If the Improvements that are completed are to be dedicated to or owned by a public entity other than the City, the Subdivider’s written request shall be submitted to the applicable public entity or other owner, for final acceptance. Subdivider shall bear all costs of inspection and certification for completeness in accordance with the City’s formally adopted fees and rates.

C. Acceptance of all of public Improvements by the City Council (or other specified official) shall be made upon recommendation and certification of the Director following inspection of said public Improvements pursuant to Subsection B above. The City Council (or other specified official) shall act upon the Director’s recommendation that such public Improvements have been completed within thirty (30) days following certification by the Director. A Notice of Completion (“NOC”) shall be recorded immediately after the City Council has accepted the Improvements as complete. Acceptance by the City Council (or other specified official) of the Improvements, or by the governing body of the entity that is to accept dedication or ownership of all or part of the Improvements, shall not constitute a waiver by the City or such other public entity of any defects in the Improvements.

5. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS
A. Subject only to Section 1.G, within the one-year period commencing on the date the NOC is recorded if any Improvements or part of any Improvements furnished, installed or constructed by the Subdivider, any of the materials comprising the Improvements, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. This guarantee and warranty on behalf of the Subdivider shall

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be separate from and in addition to the Improvement Security defined and described in Section 7A(3) of this Agreement.

B. Should the Subdivider fail or refuse to act promptly or in accordance with Subsection A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified and can perform the necessary work, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. The City shall provide a bill to the Subdivider of the total costs of such repair, replacement, or reconstruction, and the Subdivider shall immediately reimburse the City for those total costs. If the Subdivider does not immediately pay the total costs incurred, the City may opt to tender on the Subdivider’s Improvement Securities as defined in Subsection 7A, and/or take any other lawful actions to recover any nonpayment or deficiency.

6. TIME EXTENSIONS
A. Upon a showing by the Subdivider of good cause, the duration of the Completion Period for any or all of the Improvements may be extended by the Director. As used herein, “good cause” may include, without limitation: delay resulting from acts of God or force majeure, strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work; findings made by a governmental entity that the site of a particular Improvement is of archeological significance; actions or failure to act by the native American monitors(s); and the order of any court or the City.

B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an Improvement Security pursuant to this Agreement.

C. As a condition of any time extension provided for herein, the Director may require the Subdivider to furnish new or modified Improvement Security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Costs, as determined by the Director.

7. IMPROVEMENT SECURITY
A. Prior to the City’s execution of this Agreement, the Subdivider shall provide as security to the City the following (collectively, “Improvement Securities” and individually, an “Improvement Security”):

1. For Performance: Performance Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data. With this Performance Security, the Subdivider assures faithful performance under this Agreement, as demonstrated by the City’s acceptance, in accordance with the Resolution of Approval and Improvement Plans.

2. For Payment: Payment Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data. With this Payment Security, the Subdivider guarantees payment to all contractors, subcontractors, laborers,

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material suppliers, and other persons employed in the performance of the agreement and referred to in Part 6 (commencing with Section 8000) of Division 4 of the California Civil Code.

3. For Warranty: Warranty Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Subdivision Reference Data, must be provided before final completion and the acceptance of any category of Improvements by the City.

With this Warranty Security, the Subdivider guarantees the Improvements for one (1) year after the completion and acceptance of the last of such Improvements, against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 5 hereof.

A. Each Improvement Security shall be a bond issued by a California admitted surety insurer or insurers having a Best rating of A or AA in substantially the form set forth in Exhibit C, attached to this Agreement and incorporated by this reference, and shall be subject to the approval and acceptance by the City Attorney and the City Council. If, in the opinion of the City, any surety or sureties thereon (i) become insolvent or liquidated, or any bond cannot be tendered upon for the full penal sum For any reason; (ii) the surety’s bond rating is downgraded; (iii) the surety declares bankruptcy; or (iv) the surety is no longer deemed to be an admitted surety in California by the California Department of Insurance, the Subdivider shall renew or replace any such surety bond with a valid surety bond from a solvent surety or sureties in the amount of the full penal sum within thirty (30) days after receiving from City written demand therefor.

B. Each Improvement Security shall be kept on file with the City Clerk. If a surety bond is replaced by another approved bond, the Subdivider shall submit the replacement bond to the City Clerk, and upon acceptance by the City Attorney, the replacement Improvement Security shall be deemed to have been made a part of and incorporated into this Agreement. Upon approval by the City Attorney of a replacement bond, the former Improvement Security shall be released.

C. The Subdivider shall automatically increase the amount of each Improvement Security by an amount equal to ten percent (10 %) of the deposited security every year, subject to the provision that the Director may at any time determine that a greater increase in the amount of the Improvement Security is necessary due to a greater increase in the cost of construction of the Improvements or any of them. In such event, the Subdivider shall provide the additional Improvement Security within thirty (30) days after receiving demand and justification therefor.

D. Modifications of the Improvement Plans and the Improvements, not exceeding ten percent (10%) of the original Estimated Total Costs, shall not relieve or release any Improvement Security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Costs, Subdivider shall furnish additional Improvement Securities for performance, payment, and guarantee as required by Subsection A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements. Alternatively, the Subdivider may provide official notice from the surety company that it acknowledges receipt of the modified Improvement Plans and that the existing bonds have been amended to reflect the new penal sum, which shall be in the amount of the revised Estimated Total Costs, and that the existing bonds shall therefore apply to warrant the Project as revised.

E. All Improvements shall be completed within the Completion Period listed in the Subdivision Reference Data. Subject to any time extensions granted in accordance with Section

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6 herein, if the Subdivider has not completed the Improvements within this specified time, the Subdivider shall be in default.

F. Alternatively, in the event of a default by the Subdivider pursuant to Section 12, and after written notice to Subdivider and reasonable opportunity to cure, the City, at its sole option, shall have the right, without limiting any other rights and remedies available to the City at law or in equity, to draw upon or utilize any or’ all Improvement Securities furnished herewith to construct and install the Improvements itself.

8. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY
A. Performance Security shall be released in full upon the occurrence of both of the following:

1. All “Public Improvements” (Improvements that are to be owned or dedicated to the City or other public entity as distinguished from those owned by individual property owners or a private community association) shall be first completed, certified completed by the Director and then accepted as complete by the City Council.

2. All private Improvements (Improvements that are to be owned by individual property owners or a private community association and not dedicated or owned by the City or other public entity) shall be first completed and then certified as complete by the Director.

B. Partial releases or reductions in the Subdivider’s Performance Security may be authorized prior to the City’s acceptance of all Improvements required hereunder, as follows:

At the time that the Subdivider believes that the obligation to perform the work for which security was required is complete, the Subdivider may notify the City in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the Director shall review and comment or approve the completion of the required work within 45 days. If the Director does not agree that all work has been completed in accordance with the plans and specifications for the improvements, the Director shall supply a list of all remaining work to be completed within this 45-day period.

Within 45 days of receipt of the list of remaining work from the Director, the Subdivider may then provide cost estimates for all remaining work for review and approval by the Director. Upon receipt of the cost estimates, the Director shall then have 45 days to review, comment, and approve, modify, or disapprove those cost estimates. The City shall not be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work; however, nothing in this section prohibits the City from allowing for a partial release as the Director otherwise deems appropriate.

If the Director approves the cost estimate, the Director shall release all Performance Security except for security in an amount up to two hundred percent (200%) of the cost estimate of the remaining work. The process allowing for a partial release of Performance Security shall occur when the cost estimate of the remaining work does not exceed 20 percent of the total original Performance Security unless the Director allows for a release at an earlier time. Substitute bonds or other security may be used as a replacement for the Performance Security, subject to the

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approval of the Director. If substitute bonds or other security is used as a replacement for the Performance Security released, the release shall not be effective unless and until the Director receives and approves that form of replacement security. A reduction in the Performance Security, authorized under this section, is not, and shall not be deemed to be, an acceptance by the City of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the Subdivider until all required Public Improvements have been accepted by the City and all other required improvements have been fully completed in accordance with the plans and specifications for the Improvements.

The Subdivider shall complete the works of improvement until all items are accepted by the City.

Upon the completion of the work on all of the Improvements specified in Exhibit B, the Subdivider, or his or her assigns, shall request in writing a final inspection in accordance with Subsection 4B, and within thirty (30) days of the Director’s certification that the project is complete, the release of any remaining performance security shall be placed upon the agenda of the City Council for approval of the release of any remaining performance security.

C. Payment Security shall, after passage of the time within which claims of lien are required to be recorded pursuant to Part 6 (commencing with Section 8000) of Division 4 of the California Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the City Council, and if no claims have been recorded, the security shall be released in full.

D. The partial release provisions of this Section 8 shall not apply to any required guarantee and warranty period required by Section 66499.9 of the California Government Code for the guarantee or warranty nor to the amount of the Warranty Security deemed necessary by the City for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys’ fees. Security furnished to guarantee and warrant the Improvements against any defective work or labor done or defective materials furnished, shall be released within sixty (60) days after the completion of the one-year period following completion and acceptance of all Improvements.

E. If Subdivider’s obligations relating to any Improvements are subject to the approval of another governmental agency, the City shall not release the improvement Performance Security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after the Subdivider’s performance of the obligation to register its satisfaction or dissatisfaction. if at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider’s performance of the obligation was done to its satisfaction, and such Improvement Security shall be promptly released.

F. In the event the time periods for action by the City or other governmental agency specified in this Section conflict with a shorter or longer time period for such actions as provided in California Government Code Section 66499.7 or 66499.8, the time periods in Government Code Section 66499.7 and 66499.8 shall control.

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9. INDEMNIFICATION OF CITY BY SUBDIVIDER
A. Neither the City, nor its officers, officials, employees, agents and volunteers (collectively, “City Personnel”), shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction, functionality, installation, assembly or improper maintenance, including, without limitation, the use of defective or inferior methods, materials, workmanship, or design (collectively, “Subdivider’s Faults”), of the Improvements by Subdivider, its officers, employees, contractors, subcontractors and agents, except as limited by California Civil Code, Section 2782 or to the extent caused by the City’s negligence or willful misconduct. Subdivider shall indemnify, hold harmless and defend the City and City Personnel from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including attorneys’ fees, arising directly or indirectly out of or attributable to Subdivider’s Faults, including Subdivider’s acts or failure to act.

B. Subdivider’s obligations under this Section 9 are not conditioned or dependent upon whether the City, or City Personnel, prepared, supplied or reviewed any Improvement Plans in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters.

C. Subdivider’s obligation to indemnify, hold harmless and defend the City and City Personnel shall extend to injuries to persons and damages to or alleged taking of property resulting from the Subdivider’s Faults, including without limitation, design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to claims asserted by adjacent property owners based upon the diversion of waters caused by the Subdivider’s design or construction of Improvements. The Subdivider’s indemnity obligations hereunder shall remain in effect for one (1) year following acceptance of the respective Improvement(s) by the City Council.

D. Subdivider shall pay and satisfy any judgment, award or decree that may be rendered against City and City Personnel to the extent of the indemnity provided above, in any such suit, action, or other legal proceeding, provided the City gives the Subdivider prompt written notice of such claim.

E. Subdivider’s obligation to indemnify shall not be restricted to Insurance proceeds, if any, received by the City and City Personnel.

F. Subdivider, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the City and City Personnel to the extent of the indemnity above provided.

10. INSURANCE
A. The following coverages shall be obtained and maintained by Subdivider on behalf of City and in accordance with the requirements set forth herein. If Subdivider performs construction activities through a general contractor, some or all of these insurance requirements for the period of construction may be satisfied by the general contractor’s insurance coverages.

In such case, Subdivider shall maintain during this same construction period, and after the

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construction period, the coverages shown below as “Insurance After Construction.” In addition, Subdivider may elect to obtain, for all or any portion of the Project, an “Owner-Controlled Wrap Up” insurance policy in satisfaction of the insurance requirements for general contractors and subcontractors provided it satisfies all of the insurance requirements below for general contractors and subcontractors. Throughout these specifications, the word “Subdivider” refers to the Party responsible to provide the coverages as specified and, depending on context, may refer either to Subdivider or to a separate General Contractor. Subdivider may satisfy insurance requirements contained herein by Subdivider’s master insurance policies covering other operations and locations.

B. Insurance During Construction. Subdivider shall obtain and maintain the following insurance during construction of the Improvements. Insurance requirements may be met through insurance provided by Subdivider’s General Contractor:

1. Commercial General Liability Insurance. Commercial General Liability Insurance (primary) shall be provided on Insurance Services Offices (“ISO”) ISO-CGL Form No.

CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than one million dollars ($1,000,000) per occurrence for all coverages and two million dollars ($2,000,000) general aggregate. City and City Personnel shall be added as additional insureds using ISO Form CG 20 10 11 85, or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding coverage for completed operations. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any City Personnel. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage.

2. Umbrella Liability Insurance. Umbrella Liability Insurance (or, at Subdivider’s election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. There shall be no cross liability exclusion and no contractor’s limitation endorsement. Policy limits shall be not less than five million dollars ($5,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. The Named Insured (Subdivider or General Contractor as appropriate) may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here.

3. Business Auto Coverage. Business Auto Coverage shall be written on ISO Business Auto Coverage Form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any vehicles, this requirement may be satisfied by a nonowned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than one million dollars per accident. This policy shall be scheduled as underlying insurance to the umbrella policy required above for a total limit of no less than five million dollars ($5,000,000) each accident.

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4. Workers’ Compensation/Employer’s Liability. Workers’ Compensation/Employer’s Liability shall provide workers’ compensation statutory benefits as required by law. Employer’s liability limits shall be no less than one million dollars ($1,000,000) per accident or disease. Employer’s liability coverage shall be scheduled under the umbrella or excess liability policy described above. This policy shall be endorsed to waive any right of subrogation with respect to City, its officers, employees or agents.

5. Builder’s Risk Insurance. Builder’s Risk Insurance covering all real and personal property for “all risks” of loss or “comprehensive perils” coverage including but not limited to the perils of earth movement, including earthquake (if required by Subdivider’s lender or if available at commercially reasonable rates) and flood for all Improvements.

C. Insurance After Construction. Upon completion of construction of the Improvements, and for the required guarantee and warranty period (unless such longer period of time is specified herein), Subdivider at Subdivider’s expense shall obtain and maintain or cause to be maintained the following insurance:

1. Commercial Property Insurance. Commercial Property Insurance covering the Improvements. Coverage shall be at least as broad as the ISO broad causes of loss form CP 10 20, and reasonably approved of in writing by the City. Coverage shall be sufficient to insure 100% of the replacement value and there shall be no coinsurance provisions. The policy shall include an inflation guard endorsement, contents coverage, coverage for personal property of others, ordinance or law and increased cost of construction coverage. Subdivider also agrees to provide builder’s all-risk insurance using an inland marine form during the period of any major alteration or improvement, using the broadest form available. This requirement may be satisfied through a combination Builders’ Risk and Property Insurance master policy at Subdivider’s option.

The insurance coverage for the peril of earthquake required for this project is subject to availability on the open market at commercially reasonable premium cost, as determined by mutual agreement between Subdivider and City. If such earthquake insurance coverage should, after diligent effort be Subdivider, be unobtainable at such mutually determined commercially reasonable premium cost, then Subdivider shall obtain the maximum insurance reasonably obtainable at commercially reasonable premium cost (if any) and give notice to City of the extent of Subdivider’s inability to obtain, in full, the required insurance, and in such event, Subdivider’s obligation to procure and maintain such insurance as unobtainable shall be excused. Subdivider and City agree that a premium cost of earthquake insurance coverage of up to 100% of the premium cost paid by Subdivider for such coverage on the Effective Date (to be adjusted over time based on the Consumer Price Index,) shall constitute a commercially reasonable premium cost. Nonavailability at commercially reasonable premium cost must be documented by a letter from Subdivider’s insurance broker or agent indicating a good faith effort to place the required insurance and showing, at a minimum, the names of the insurance carriers and the declinations or quotations received from each.

2. Commercial General Liability Insurance. Commercial General Liability Insurance (primary) shall be provided on ISO-CGL form No. CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than one million dollars ($1,000,000) per occurrence for all coverages and two million dollars general

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aggregate. City and City Personnel shall be added as additional insureds using ISO Form CG 20 10 11 85, or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding coverage for completed operations. Coverage shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any City Personnel.

3. Umbrella Liability Insurance. Umbrella Liability Insurance (or, at Subdivider’s election, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. Coverage shall be provided on a “pay on behalf” basis.

There shall be no cross liability exclusion. Policy limits shall be not less than five million dollars ($5,000,000) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages. Subdivider may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits.

4. Workers Compensation Insurance. Workers’ Compensation/Employer’s Liability shall provide workers’ compensation statutory benefits as required by law. Employer’s liability limits shall be no less than one million dollars ($1,000,000) per accident or disease.

Employer’s liability coverage shall be scheduled under any umbrella or excess liability policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its employees or agents.

5. Business Auto Coverage. Business Auto Coverage for vehicles owned, operated or maintained in any way connected with the project, shall be written on ISO Business Auto Coverage form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Subdivider (or Contractor) does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than one million dollars ($1,000,000) per accident. This policy shall be scheduled as underlying insurance to the umbrella or excess liability policy required above for a total limit of no less than five million dollars ($5,000,000) each accident.

D. Provisions Pertaining to Insurance Provided by Subdivider.

All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.

Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

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All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Subdivider, and Subdivider’s employees, or agents, from waiving the right of subrogation prior to a loss.

Subdivider waives its right of subrogation against City.

None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City.

Unless otherwise approved by City, Subdivider’s insurance and insurance provided by any contractor or subcontractor relating to the construction of the Improvements shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of at least “A-:VII.” Self-insurance will not comply with these insurance specifications unless expressly approved in writing by the City.

In the event any policy of insurance required under this Agreement does not comply with these requirements and Subdivider does not cure the non-compliance within thirty (30) days after written notice from City (or Subdivider does not provide reasonable evidence of such cure within such period), or if the insurance is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Subdivider.

Subdivider agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Subdivider’s general liability policies using ISO Form CG 20 10 11 85 or other revision of the CG 20 10 form if available from the insurer and reasonably acceptable to the City. Certificate(s) are to reflect that the insurer will provide 30 days notice of any cancellation of coverage and policies are to have a “cancellation endorsement” to the same effect. Subdivider agrees to provide complete copies of all required insurance policies, including without limitation, any endorsements modifying coverage in any way, upon request from City.

Subdivider shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such evidence shall be in the form of a certificate of insurance.

Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.

Subdivider agrees to require all subcontractors or other parties (but not including a general contractor) hired for this project to construct the Improvements to purchase and maintain insurance for general liability (minimum limit $1,000,000 per occurrence), automobile liability ($1,000,000 per accident) and workers’ compensation (statutory benefits). The requirement for general liability may be satisfied by Subdivider through the procurement of CIP policies covering some or all of the subcontractors. Prior to the issuance of the Certificate of Completion for each Phase, Subdivider shall, upon request by City, provide the City with copies of all insurance policies, certificates and endorsements related to such Phase.

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Subdivider agrees to monitor and review all coverage required by this Section and assumes all responsibility for ensuring that such coverage is provided as required here. Subdivider agrees to obtain certificates evidencing such coverage. Subdivider agrees that upon request, all certificates of insurance obtained in compliance with this Section will be submitted to City for review upon request by City. Failure of City to request copies of such documents will not impose any liability on City, or its employees.

Subdivider agrees to require that no contract used by any general contractor or subcontractor in connection with construction of the Improvements, or contracts Subdivider enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement.

Where appropriate (such as in the case of automobile insurance coverages), coverage will not be limited to the specific location designated as the Property.

Subdivider agrees to provide notice to City of any claim or loss against Subdivider that includes City as a defendant promptly after Subdivider receives written notice or obtains knowledge thereof. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. City agrees to provide similar notice to Subdivider of any such claims it is notified of respecting the Property.

Subdivider agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Subdivider and City or between City and any other insured or Named Insured under the policy, or between City and any Party associated with City or its employees.

If Subdivider or any contractor or subcontractor is a Limited Liability Company, general liability coverage must apply so that the Limited Liability Company and its Managers, Members, Affiliates, and their employees are insureds.

Subdivider shall require General Contractor to maintain commercial general liability, and if necessary, commercial umbrella liability insurance with a limit of not less than five million dollars ($5,000,000) for each occurrence, until the warranty period specified in this Agreement expires.

Subdivider agrees to obtain and provide to City evidence of professional liability coverage for Architects, Engineers or other design professionals working on the Improvements. The limit of liability required is subject to City approval, but in no event to be less than $1 million per claim and in the aggregate, and Subdivider shall use reasonable efforts to require and cause such professionals to maintain such coverage with respect to each occurrence for at least three years following substantial completion of the work and, in the event Subdivider is unable to do so, Subdivider shall promptly inform the City of the scope of such efforts and the reasons that it was unable to do so. If Subdivider requests that the City approve a lower limit for any particular design professional Subdivider seeks to employ on the Improvements, City will evaluate each such request based on City’s perception of liability exposure associated with the work that would be performed by that design professional.

To the extent a particular coverage or policy form or specification is not reasonably available from Subdivider’s insurer or would result in an additional premium that is extraordinary or unreasonably

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disproportionate to the premium for the policy as a whole, then Subdivider shall provide substantially similar coverage reasonably acceptable to City for which the cost is not extraordinary or unreasonably disproportionate.

11. OWNERSHIP OF THE IMPROVEMENTS
A. Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement and shown on the Map to be dedicated to the public shall vest, as applicable, in the City (or other specified governmental agency) upon acceptance of said Improvements by the City Council (or other specified governmental agency). The acceptance of the Improvements shall either be shown by a certificate on the Final Map or by subsequent resolution accepting the Improvements adopted by the City Council pursuant to Government Code Section 66477.2 and recorded with the County Recorder.

B. The Subdivider shall at all times prior to the acceptance of the Improvements by the City, give good and adequate warning to the public of each and every dangerous and defective condition caused by the construction of the Improvements and shall take all steps necessary to protect the public from such dangerous or defective conditions. The Subdivider agrees and understands that until acceptance of the Improvements by the City, each Improvement that is offered for dedication shall be under the charge of the Subdivider, and the Subdivider may close all or a portion of any street or area whenever necessary to protect the public during the construction of the Improvements.

12. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY
A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement:

1. Subject to any time extensions granted in accordance with Section 6 of this Agreement, failure to complete construction and installation of the Improvements or any of them by the Completion Date;

2. Failure to promptly correct or cure any defect in the Improvements or any of them (other than a City Directive) during the guarantee and warranty period required by Subsection 5(A) of this Agreement, or failure to commence correction or cure of any such defect or failure to diligently prosecute same to completion, in each instance following written notice that such defect exists;

3. Subject to any time extensions granted in accordance with Section 6 of this Agreement, failure to perform substantial work on the Improvements or on any of them, after commencement of work on same, for a period of thirty (30) days after written notice thereof from the City;

4. Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days;

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5. Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure, within thirty (30) days after written notice thereof from the City; or

6. Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within the time period specified in the Agreement for the performance of that obligation, or if no time is specified, within thirty (30) days after written notice thereof from the City.

B. The City reserves to itself all remedies available to it at law or in equity for any breach of the Subdivider’s obligations under this Agreement. After written notice to the Subdivider of alleged default and failure by the Subdivider to promptly commence the cure of any alleged default and diligently prosecute such cure to completion, the City shall have the right, without limitation of other rights or remedies, to tender against, draw upon or utilize any or all Improvement Securities furnished hereunder to complete the Improvements, or request said surety take over and complete the Improvements, or otherwise mitigate the City’s damages in the event of the Subdivider’s default.

C. The Subdivider acknowledges that the Estimated Total Costs and Improvement Security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, the City’s damages for Subdivider’s default shall be measured by the actual cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then the Subdivider shall reimburse the City in the amount of such excess damages.

D. Following the written notice of alleged default and failure by the Subdivider to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, the City may, without liability for so doing, take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to the Subdivider as may be on the site of the work and necessary for the performance of the work.

The Subdivider hereby consents to such entry by the City and its representatives, including employees, agents, and contractors, upon any real property in the Subdivision owned by the Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following the Subdivider’s default.

E. The Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, the City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, the City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider’s failure to perform its obligations under this Agreement, which failure is not promptly remedied by sureties or by the Subdivider.

F. The City’s failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider.

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G. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled. If City sues to compel Subdivider’s performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys’ fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work.

13. RELATIONSHIP OF THE PARTIES
Neither the Subdivider, nor any of the Subdivider’s contractors, subcontractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of the Subdivider’s obligations under this Agreement. The Subdivider shall not, at any time or in any manner, represent or allow representation by its contractors, subcontractors, employees or agents that any of them are contractors, subcontractors, employees or agents of the City.

14. ASSIGNMENT
A. Subdivider shall not assign this Agreement, or any portion thereof without the prior written consent of the City. Any attempted or purported assignment in violation of this Subsection A shall be null and void and shall have no force or effect.

B. The sale or other disposition of the Subdivision shall not relieve the Subdivider of its obligations hereunder. If the Subdivider intends to sell the entire Subdivision to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of Improvement Securities. Upon the City’s approval of the novation and substitution of Improvement Securities, the Subdivider may request a release or reduction of the Improvement Securities furnished pursuant to this Agreement.

15. NOTICES
All notices required or provided for in this Agreement shall be in writing and delivered in person or be given by certified United States Mail, return receipt requested, or by nationally recognized overnight courier, addressed as follows:

If to the City: City of McFarland
Attn: City Manager
401 W Kern Avenue
McFarland, CA 93250
With a copy to: Nathan M. Hodges, City Attorney
[email protected]
If to the Subdivider: To the address set forth above in the Subdivision Reference Data, or to such other address as may subsequently be
designated in written notice to the City.

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Notice shall be effective on the date that it is delivered in person, or, if sent by certified mail, shall be deemed effective on the date of delivery or attempted delivery shown on the return receipt, and notices given by overnight courier shall be deemed effective one (1) business day following delivery to the overnight courier. Any party may change its address for the service of notice by giving written notice of such change to the other party, as specified herein.

16. ENTIRE AGREEMENT
This Agreement, along with the Resolution of Approval and Development Agreement approved previously by the City, constitutes a single, integrated written contract, expresses the entire agreement of the parties with respect to its subject matter, supersedes all negotiations, prior discussions and preliminary agreements. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the Director.

17. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.

18. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals, and Exhibits A, B, and C are attached hereto and incorporated into this Agreement.

19. GOVERNING LAW; VENUE
This Agreement shall be governed by the domestic laws of the State of California, without regard to its laws regarding choice of applicable law. Venue for any action relating to this Agreement shall be in the Kern County Superior Court.

20. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

21. LIENS
Subdivider represents and warrants that Subdivider owns the Property, and that there are no encumbrances on the Property that would prohibit or interfere with this Agreement or the rights granted to City hereunder, and that there are no monetary liens (except for property taxes and assessments not yet delinquent) affecting the Property.

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22. EFFECTIVE DATE OF THE AGREEMENT
This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures.

LEORA, LLC “SUBDIVIDER”
By:

Its:

Date:
“CITY”

CITY OF MCFARLAND
By:

Saul Ayon, Mayor
ATTEST:

By:

Erika De La Cruz, City Clerk
APPROVED AS TO FORM:

By:

Nathan Hodges, City Attorney

INSERT NOTARY

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EXHIBIT A

LEGAL DESCRIPTION
The land described herein is situated in the State of California, County of Kern, City of McFarland, described as follows:

Being a subdivision of a portion of Parcel 2 of Parcel Map No. 12412, recorded August 10, 2021, in Parcel Map Book 62, at Pages 81 thru 83, in the office of the Kern County Recorder. Also being a portion of the North Half of the Southeast Quarter of Section 14, Township 26 South, Range 25 East, M.D.B.&M in the City of McFarland, County of Kern, State of California.

APN: 060-090-32-00-0

01159.0009/277118.1 Exhibit B-1

EXHIBIT B

SCHEDULE OF IMPROVEMENTS FOR
FINAL TRACT MAP NO. 24-00

CATEGORIES
OF

IMPROVEMENTS
Sewer
Condition
#69
Drainage
Condition
#70
Water
Condition #71
Street
Condition #66-
68 Grading Total
Estimated
Total Cost
$13,075.00 $5,144.00 $11,238.50 $74,770.90 $1,658.70 $105,887 Performance
Security
$13,075.00 $5,144.00 $11,238.50 $74,770.90 $1,658.70 $105,887 Payment
Security
$13,075.00 $5,144.00 $11,238.50 $74,770.90 $1,658.70 $105,887 Warranty
Security
$13,075.00 $5,144.00 $11,238.50 $74,770.90 $1,658.70 $105,887

01159.0009/277118.1 Exhibit C-1

EXHIBIT C
Form of Improvement Securities
Surety Bond

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 13.

Section: CONSENT AGENDA
Meeting Date: December 10,
2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Adrian Olmos, Lieutenant
SUBJECT: APPROVAL OF TRAVEL AND TRAINING EXPENSES EXCEEDING $500.00

PER TRIP FOR CORPORAL GALVAN AND CORPORAL CAZARES TO
ATTEND 80-HOUR CRIMINAL INVESTIGATIONS COURSE AT THE STATE

CENTER REGIONAL FACILITY AT FRESNO CITY COLLEGE IN CLOVIS, CALIFORNIA, FROM JANUARY 12 - 23, 2025
SUMMARY:

The Police Department is requesting City Council approval for two detectives to attend an 80- hour Criminal Investigations Course that is eligible for POST reimbursable PLAN IV funding.

This course provides advanced training in case management, crime scene investigation, interview and interrogation, evidence collection, and legal considerations relevant to modern investigative work. The training will take place at the State Center Regional Facility at Fresno College in Clovis, California from January 12 - 23, 2025.

This training is particularly beneficial for detectives assigned to cold case homicide investigations. The course covers analytical techniques, evidence reevaluation strategies, and modern investigative methodologies used to reexamine older cases with limited leads.

Detectives will receive instruction on integrating new forensic technologies, identifying overlooked investigative avenues, and conducting trauma-informed interviews with victims’ families and witnesses who may come forward years later. Strengthening these skills directly improves the department’s ability to review, investigate, and potentially solve long-standing homicide cases that continue to impact the community.

POST-certified advanced investigations training is essential to maintaining professional standards, improving investigative effectiveness, and ensuring detectives remain current with best practices. Attendance in this course will enhance the department’s capacity to investigate major crimes, improve clearance rates, and strengthen the quality of investigations presented for prosecution.

FINANCIAL IMPACT:

This training is POST reimbursable under PLAN IV, meaning tuition, travel, lodging, and related allowable expenses will be eligible for reimbursement through the California Commission on Peace Officer Standards and Training.

The initial financial impact to the city will be $5,685.48 which is covered in the McFarland Police Department’s POST Reimbursable training budget. This amount will be reimbursed by

POST under the PLAN IV Reimbursable Program.

RECOMMENDATION:

Staff recommends the City Council discuss and approve the 80-Hour Criminal Investigations Course for Corporal Andrew Galvan and Corporal Sergio Cazares.

ATTACHMENTS:

1. Post Flyler

2. ICI Robert Presley Core Course _ Fresno City College

ICI Robert Presley Core
Course
DATES
January 12 - 23, 2026
March 16 - 27, 2026
COST
Course Cost: No cost for POST reimbursable agencies
Note: If you are a non-POST reimbursable
agency/officer such as: CHP, a state agency, parole,
probation, or correctional officer, you will pay a tuition cost ($1,656.00). Please contact FCC Police Academy at
559.442.5900 prior to the course if you are a state
employee or for any questions you might have.

Above fees based upon California residency.

LOCATION
Hilton Garden Inn Clovis
520 W Shaw Ave,
Clovis, CA 93612

RESERVATIONS
Reserve Your Seat
Please call and cancel your reservations if you cannot
attend. College registration fees are subject to change without notice. Make checks payable to Fresno City
College. Out of consideration for people who are on a
waiting list, please cancel your reservation no later than 21 days prior to the first day of class.

LEAD INSTRUCTOR
Sgt. Rick Field - CHP (Ret.)

CERTIFIED HOURS
80 DESCRIPTION
The ICI program consists of three phases: a Core Course, a Foundation Specialty Course, and three related Electives.

Becoming a POST – Certified Criminal Investigator
requires completion of all three phases (approximately
240 hours) within five years.

The Core Course provides the basic skills common to all investigations. By no means do the students in the ICI
program sit passively and listen to lectures. Each student brings a unique perspective and experience, and as such plays a key role in the ICI instructional process. Specially trained investigators and subject matter experts
collaborate on course development and teaching. As a
result, each student is immersed in a learning
environment that closely mirrors his or her real world.

Role play, simulated crime scenarios, major case studies, the use of professional actors, and a small class size
ensure an active and practical learning environment.

PREREQUISITES
A California Peace Officer Standards and Training Basic Course certificate issued from an accredited regional
police academy or equivalent as determined by the
Division Dean or their appointee. These skills and
knowledge base are related to adopted POST and/or
industry standards. NOTE: Approval of equivalent training is not a guarantee state regulatory or licensing agencies will also grant equivalency.

ICI courses are open to all full-time investigators or
qualified uniformed officers with one-year experience
conducting follow-up investigations. ICI only requires a firm commitment from both students and their respective agencies that all courses will be completed.

REIMBURSEMENT
Reimbursement Plan IV: There is no tuition for POST
reimbursable agencies. Student travel and per diem
reimbursement will be via Training Reimbursement
Request (TRR) for POST reimbursable agencies only.

NON-REIMBURSABLE

AGENCIES
Non-Reimbursable agencies: Tuition is noted next to the course date above, there is no reimbursement for travel and per diem.

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 14.

Section: CONSENT AGENDA
Meeting Date: December 10,
2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Megan Snyder, Community Development Director
Meliza Rosa, Grant Manager
SUBJECT: APPROVAL OF AMENDMENT NO. 4 TO MEMORANDUM OF

UNDERSTANDING BETWEEN ELECTRIC VEHICLE (EV) READY
COMMUNITIES PHASE II- BLUEPRINT IMPLEMENTATION (GFO-19-603) SUBCONTRACTOR TO KERN COUNCIL OF GOVERNMENTS; CEC
AGREEMENT GFO-20-010 WITH KERN COUNCIL OF GOVERNMENTS
SUMMARY:

On April 15, 2020, the City of McFarland entered into a Memorandum of Understanding with Kern Council of Governments (KernCOG) to collaborate on the implementation and reporting of the Electric Vehicles (EV) Ready Communities – Phase II.

As part of the MOU, both parties agreed to submit final program and financial reports in accordance with the timeline as detailed in the MOU – Exhibit B. Full execution of the project and the corresponding reports are required to ensure compliance with the grant terms and to support final reimbursement and closeout processes. For our grant period, the City previously requested a revised reporting deadline of December 31, 2025 (through Resolution 2025-108).

In working on the closeout information required for the grant terms, there was a material change that is required which can only be addressed by a Kern Council of Governments meeting approval. Due to no further meetings before the Amendment 3 deadline, and after discussion between the City of McFarland Community Development & Finance Departments and Kern COG, Kern COG staff requested a grant period extension to June 15, 2026.

The proposed Fourth Amendment to the MOU reflects this change and ensures that both parties remain in good standing with the grant requirements, while allowing sufficient time to complete accurate and comprehensive financial reports for cost recovery.

All other terms and conditions of the original MOU remain unchanged.

FINANCIAL IMPACT:

There is no fiscal impact associated with this amendment. The extension simply adjusts the reporting timeline and does not alter the grant amount or funding terms.

RECOMMENDATION:

Approval of Resolution 2025-160 and designating the mayor and city manager as the signatory for Amendment No. 4 to Memorandum of Understanding between Electric Vehicle (EV) Ready Communities Phase II- Blueprint Implementation (GFO-19-603) Subcontractor to Kern Council of Governments; CEC Agreement GFO-20-010 with Kern Council of Governments ATTACHMENTS:

1. McFarland MOU ARV 20 010 Fully Executed 09092021

2. McFarland KernCOG MOU - Amendment 1

3. McFarland KernCOG MOU - Amendment 2

4. Resolution No. 2025-108

5. McFarland KernCOG MOU - Amendment 3

6. McFarland KernCOG MOU - Amendment 4

RESOLUTION NO. 2025-160

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING AMENDMENT NO. 4 TO THE MEMORANDUM OF UNDERSTANDING WITH KERN

COUNCIL OF GOVERNMENT FOR AFFORDING ADDITIONAL TIME FOR REPORTING

AND PROJECT CLOSEOUT
WHEREAS, the Kern Council of Governments (KernCOG) requested additional time from the grantee, the City of McFarland (City);
WHEREAS, the City has agreed to extend the grant reporting timeline for closeout and cost recovery;
WHEREAS, the City of McFarland will need to enter Amendment No. 4 of the Memorandum of Understanding between Electric Vehicle (EV) Ready Communities Phase II- Blueprint Implementation (GFO-19-603) Subcontractor to Kern Council of Governments; CEC Agreement GFO20-010 with Kern Council of Governmentsallowing for the additional time for grant compliance; WHEREAS, the Mayor and City Manager will act as signatories on the City's behalf in executing Amendment No. 4 of the aforementioned MOU;
WHEREAS, the City has provided both written and oral testimony of the project history, MOU, and corresponding amendments previously entered on Wednesday, July 23, 2025; 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. Amendment to the MOU is in the best interest of the City of McFarland.

3. The Mayor and City Manager are hereby authorized to sign Amendment No. 4 to the MOU, which is attached hereto and incorporated herein by reference.

4. The City Clerk shall certify the passage and adoption of this resolution, Resolution 2025-160.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on December 10, 2025 by the following vote:

Aye Nae Abstain Absent
Saul Ayon

Ricardo Cano
Anita Gonzalez
María T. Pérez
Martin Gutierrez

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

AMENDMENT No. 4 TO MEMORANDUM OF UNDERSTANDING

BETWEEN
ELECTRIC VEHICLE (EV) READY COMMUNITIES PHASE IIBLUEPRINT IMPLEMENTATION (GFO-19-603) SUBCONTRACTOR TO KERN COUNCIL OF GOVERNMENTS;
CEC AGREEMENT GFO-20-010 WITH KERN COUNCIL OF GOVERNMENTS THIS AMENDMENT (hereinafter “Amendment No.4”) TO CONTRACT, for reference purposes is made effective as of January 1, 2026 (“Effective Date”) by and between the Kern Council of Governments (hereinafter “KERN COG”) and CITY OF McFarland, a municipal government of the State of California (hereinafter “CITY”).

RECITALS:

WHEREAS, KERN COG and the CITY entered into a Memorandum of Understanding (“MOU”) dated September 15,2022; AND
WHEREAS, the Parties amended the agreement for the first time on January 19, 2023 to update the budget, scope work, and extend the termination date from March 31, 2024, to September 30, 2024, AND
WHEREAS, the Parties amended the agreement for the second time on August 15, 2024, to extend the termination date from September 30, 2024 to August 31, 2025, AND
WHEREAS, the Parties amended the agreement for the third time on September 18, 2025, to extend the termination date from August 31, 2025, to December 31, 2025.

WHEREAS, the parties wish to amend the MOU as specified herein.

AGREEMENT:

1. The Term of the MOU shall be extended through June 15, 2026.

2. Except as expressly amended herein, all provisions of the MOU shall remain in force and effect.
[Remainder of page left blank intentionally]

IN WITNESS WHEREOF, this Amendment Number 4 to the MOU shall be effective as of the Effective Date.

CITY OF McFarland
________________________ ________________________
Diego Viramontes, City Manager Saul Ayon, Mayor
City of McFarland City of McFarland

KERN COUNCIL OF GOVERNMENTS
________________________
Jay Schlosser Executive Director
“Kern COG”
______________________ APPROVED AS TO FORM
Bob Smith, Chair
“Kern COG”
________________________
Brian Van Wyk, Deputy
County Counsel

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 15.

Section: PUBLIC HEARINGS
Meeting Date: December 10,
2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
SUBJECT: Waive Full Reading and Introduce Ordinance No. 11-2025 AN ORDINANCE OF THE CITY OF MCFARLAND AMENDING MUNICIPAL CODE 2.16.070,

2.16.080 CONCERNING THE CITY MANAGER, AND 2.28.020

CONCERNING THE POLICE DEPARTMENT
SUMMARY:

In 2021, the City Council adopted Ordinance No. 0007-2021, which shifted authority for the appointment and supervision of the Chief of Police from the City Manager to the City Council.

The intention at the time was to enhance City Council oversight of police leadership and department direction.

Over the last several years, the City has implemented improved systems of accountability, budget management, operational alignment across departments, and performance evaluation processes. The City Council has expressed a desire to improve organizational efficiency and streamline administrative oversight of day-to-day operations of the Police Department. After thoughtful discussion, the City Council directed staff to restore the traditional City Manager authority over the Police Chief position to ensure unified administration of City operations and enhance accountability and responsiveness.

With the recruitment process underway for a new Chief of Police, this transition presents an ideal time to make this structural adjustment. Restoring appointment authority to the City Manager will ensure the new Chief enters under the standard Council-Manager form of government consistent with most California cities, allowing for clear lines of supervision, consistent personnel evaluation practices, and improved operational efficiency.

The proposed ordinance would:
• Amend Municipal Code Sections 2.16.070 and 2.16.080 to remove the Chief of Police from the list of positions excluded from the City Manager’s appointment, supervision, and disciplinary authority.
• Amend Municipal Code Chapter 2.28 to provide that the Chief of Police is appointed, supervised, and removed by the City Manager, rather than the City Council.

This action aligns police leadership with the City’s operational structure, supports organizational cohesion, and strengthens management consistency across all departments.

FINANCIAL IMPACT:

There is no direct fiscal impact associated with this action.

RECOMMENDATION:

Introduce, waive the first reading, and schedule adoption of an ordinance amending the McFarland Municipal Code to authorize the City Manager to appoint, supervise, and remove the Chief of Police.

ATTACHMENTS:

1. 0007-2021 Ordinance to Amend City Manager and Police Department Codes

ORDINANCE NO. 11-2025

AN ORDINANCE OF THE CITY OF MCFARLAND AMENDING
MUNICIPAL CODE 2.16.070, 2.16.080 CONCERNING THE CITY
MANAGER, AND 2.28.020 CONCERNING THE POLICE

DEPARTMENT
Section 1. Recitals
WHEREAS, The City of McFarland (“City”) desires to amend, clarify and codify its Municipal Code Chapter related to City Manager and Police Department; and WHEREAS, The Ordinance Amendment updates the Municipal Code to codify (1) the City Manager Powers and Duties over employees, appointments, promotions, removals, and demotions and additional duties and (2) the chief of police; and
WHEREAS, Adoption of this Ordinance will provide uniform and comprehensive regulations and standards related to Chapter 2.16 and 2.28 of the McFarland Municipal Code; and WHEREAS, Adoption of this Ordinance is in furtherance of the City’s goals and objectives while reducing the potentially negative impacts arising from incompatible Municipal Code Chapters,

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MCFARLAND DOES ORDAIN AS FOLLOWS:

Section 1. Section 2.16.070 of the McFarland Municipal Code is hereby adopted, amended and restated to read as follows:

2.16.070 Powers and duties—Authority over employees.

It shall be the duty of the city manager, and he/she shall have the authority to control, order and give directions to all officers and employees of the city other than the city attorney or the city treasurer/finance director.

Section 2. Section 2.16.080 of the McFarland Municipal Code is hereby adopted, amended and restated to read as follows:

2.16.080 Powers and duties—Appointments, promotions, removals and demotions.

It shall be the duty of the city manager to, and he/she shall appoint, remove, promote and demote any and all officers and employees of the city, except the city attorney and the city treasurer/finance director, subject to the rules and regulations of the city personnel ordinance, insofar as the personnel ordinance does not conflict with the ordinance codified in this chapter, it being the intent and purpose of the city

council that in case of any conflict between the ordinance codified in this chapter and the city personnel ordinance and rules and regulations thereunder, that the ordinance codified in this chapter shall prevail.

Section 3. Section 2.28.020 of the McFarland Municipal Code is hereby adopted, amended and restated to read as follows:

2.28.020—Chief of Police.
(a) The Chief of Police shall be appointed by the City Manager. (b) The Chief of Police shall be in control of the operation of the Police Department, subject to the supervision of the City Manager, and shall direct the Department so it fulfills the duties delegated to it by law as follows:
(1) Under the administrative direction of the City Manager, to plan, organize and direct the activities of the Police Department in law enforcement and crime prevention; and (2) To do related work as required.
(c) The Police Department shall adhere to standards for recruitment and training established by the California Commission on Police Officer Standards and Training (POST). The POST Commission and its representatives may make such inquiries as they may deem appropriate from time to time to ascertain whether the POST standards are being adhered to.

Section 4. Notice. The City clerk shall certify to the passage and adoption of this ordinance and shall cause this Ordinance to be posted within 15 days after its passage, in accordance with Section 36933 of the Government Code.

Section 5. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of McFarland hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or word might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.

Section 6. Effective Date. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code section 36937.

Section 7. Certification; Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

INTRODUCED, at a Regular meeting of the City Council of the City of McFarland, California on , by the following vote:

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of McFarland on by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano

Anita Gonzalez
María T. Pérez
Martin Gutierrez

CITY OF MCFARLAND
______________________________
Saul Ayon, Mayor
I hereby certify that the foregoing Ordinance was duly and regularly adopted by the City Council of the City of McFarland by a Regular meeting thereof held on December 10, 2025.

ATTEST:
________________________________
Erika De La Cruz, City Clerk
APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 16.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: December 10,
2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Paul Saldaña , Economic Development Manager
SUBJECT: Approval of Resolution No. 2025-155 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND AUTHORIZING THE INITIATION

OF THE PROCESS TO ADOPT A CITY CHARTER PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 34458 AND APPOINTING A

CITIZEN ADVISORY COMMISSION
SUMMARY:

The City of McFarland is currently a general law city governed by the provisions of the California Government Code. Under Article XI of the California Constitution, cities may adopt a charter, thereby becoming a charter city with greater authority over municipal affairs, including local control of elections, contracting, and certain taxation matters.

On November 11, 2025, the City Council discussed the options for the creation of a city charter and directed staff to initiate the creation of a city charter subject to California Government Code Section 34458, which establishes the process for adopting a city charter. The process includes:
• Adoption of a resolution initiating the charter process. • Appointment of a citizen committee to assist in drafting the proposed charter. • Conducting two public hearings on the proposed charter, with the second hearing held at least 30 days after the first.
• Providing notice of each hearing at least 21 days in advance. • Taking final action to place the charter measure on the ballot at least 21 days after the second hearing.

The City Council has expressed interest in placing a proposed charter on the November 2026 General Election ballot.

Adopting a charter would allow McFarland to exercise “home rule” authority over municipal affairs, providing flexibility in areas such as:
• Local procurement and contracting policies.
• Governance structure and election procedures.
• Economic development tools and revenue options.

To provide for transparency and community engagement, a Charter Advisory Committee is recommended to review and provide input on the draft charter. The Committee will meet four times between January and February 2026 and present recommendations prior to the first public hearing. The draft resolution proposes a committee consisting of two council members, two planning commissioners and two residents.

Tentative Timeline:
• Dec 10, 2025: Council adopts resolution and appoints committee. • Jan–Feb 2026: Commission holds four meetings.
• Mar 25, 2026: First public hearing.
• Apr 29, 2026: Second public hearing.
• May 27, 2026: Council considers placing charter on November 2026 ballot.

FINANCIAL IMPACT:

Costs will include staff time, legal review, public notices, and outreach. Additional costs for ballot placement will be incurred in FY 2026–27. Funding will be allocated from the General Fund.

RECOMMENDATION:

Council adopt Resolution 2025-155
ATTACHMENTS:

1. City Charter Process & Agenda

RESOLUTION NO. 2025-155

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND

AUTHORIZING THE INITIATION OF THE PROCESS TO ADOPT A CITY CHARTER PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 34458 AND APPOINTING

A CITIZEN ADVISORY COMMISSION
WHEREAS, Article XI of the California Constitution grants cities the authority to adopt a charter, thereby becoming a charter city with greater local control over municipal affairs; and WHEREAS, California Government Code Section 34458 establishes the process for adopting a city charter, including the requirement for two public hearings and the opportunity for community input; and
WHEREAS, the City Council of McFarland desires to initiate the process to draft and consider a proposed city charter for submission to the voters at the November 2026 General Election; and WHEREAS, the City Council recognizes the importance of public engagement and transparency in this process and wishes to appoint a Citizen Advisory Commission to assist in reviewing and recommending provisions for the proposed charter; 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 authorizes the commencement of the process to draft and consider a city charter pursuant to California Government Code Section 34458.

2. The City Council hereby establishes and appoints a Charter Advisory Commission consisting of six (6) members, two (2) members of the City Council, two (2) members of the Planning Commission and two (2) citizens at large to provide input and recommendations on the proposed charter.

3. The City Council shall conduct two public hearings on the proposed charter, with the first hearing tentatively scheduled for March 25, 2026, and the second hearing tentatively scheduled for April 29, 2026, in compliance with Government Code Section 34458.

4. The City Council intends to take final action on or about May 27, 2026 to place the proposed charter on the ballot for the November 2026 General Election.

5. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on December 10, 2025 by the following vote:

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

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

City Charter Process

Advisory Committee Meetings
Meeting #1 (Week of January 12)
• Welcome & Introductions
• Overview of Charter Cities vs General Law Cities
• Role of Advisory Commission
• Timeline & Deliverables
Meeting #2 (Week of January 26)
• Review Municipal Affairs & Local Control
• Review Key Policy Areas
Meeting #3 (Week of February 9)
• Draft Charter Framework
• Discuss Policy Options
• Legal Review Considerations
Meeting #4 (Week of February 23)
• Finalize Draft Recommendations
• Prepare Report for Council
• Plan for Public Hearings
City Council Meetings
Public Hearing #1 (March 25)
• Presentation: Draft Charter Overview
• Public Comment
• Council Questions & Discussion
Public Hearing #2 (April 29)
• Presentation: Revised Draft Charter
• Public Comment
• Council Direction for Final Action
May 27, 2026 – Council Meeting
• Staff Report: Final Charter Proposal
• Resolution: Place Charter Measure on Nov 2026 Ballot
• Public Comment
• Council Action

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 17.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: December 10,
2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
SUBJECT: Approval of Resolution No. 2025-150 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND AWARDING A CONTRACT FOR

INFORMATION TECHNOLOGY MANAGED SERVICES TO TRIS

TECHNOLOGY SOLUTIONS AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT
SUMMARY:

The City issued an RFP on September 27, 2025, seeking a qualified firm to provide IT managed services, including network administration, cybersecurity, help desk support, onsite response, and 24/7 public safety support.

Sixteen proposals were received. After a compliance review:
• 8 firms were disqualified (4 due to high cost, 4 for not meeting minimum requirements) • 8 firms advanced to scoring
A multi-department panel evaluated written proposals. The three highest-scoring firms—TRIS, Apex, and EMD—were invited to a Teams interview. The interview panel included all City department heads.

EVALUATION RESULTS
Preliminary (Written Proposal) Rankings

1. Apex

2. TRIS

3. EMD

4. Global CTI

5. RSM

6. Maintech

7. Valley TechLogic

8. Arrc Technology
Final (Interview Stage) Rankings

1. TRIS

2. Apex

3. EMD
TRIS ranked highest due to their strong service methodology, communication standards, and

public safety readiness. Tris also offered the lowest cost among the finalists, approximately $30,000–$40,000 less annually than the other two firms.

SUMMARY OF KEY DIFFERENCES: CURRENT VS. PROPOSED IT SERVICES Current Provider: American Office Solutions (AOS)
• Lower monthly base cost
• Licensing billed separately
• Project work billed at $200–$400/hour (e.g., workstation installs, upgrades, camera/NVR work)
• No guaranteed onsite presence
• No included emergency/after-hours response
• Annual costs vary widely; City averages about $150,000 per year • Service responsiveness has been inconsistent
• Costs are unpredictable and fluctuate significantly
Proposed Provider: Tris Technology Solutions
• Fixed monthly cost: $14,500 (Annual: $174,000)
• Includes:

Weekly onsite presence
All licensing
Emergency and after-hours support
Project-type labor (workstation installs, network upgrades, etc.) • Predictable and stable annual budgeting
• Better suited for growing needs, especially Police and Public Works • Lowest fully loaded cost among finalists
Although the annual cost increases by about $24,000, the City receives significantly higher service levels and predictable pricing that resolves ongoing service gaps.

WHY TRIS IS RECOMMENDED
• Highest ranked firm after interviews
• Strongest support model for 24/7 police operations
• Includes routine project work at no additional cost
• Predictable, fixed annual cost
• Weekly onsite presence
• Lowest cost of the three finalists
• Supports long-term growth, including the new police facility

CONTRACT TERM AND TRANSITION
• TRIS contract will begin January 1, 2026
• AOS will remain available through January 31, 2026 to support a smooth transition FINANCIAL IMPACT:

The proposed agreement totals $174,000 annually. This is approximately $24,000 more than the City’s recent spending with AOS but includes significantly expanded support and a predictable cost structure. Funding is available in the FY 2025–2026 Information Technology budget.

RECOMMENDATION:

Staff recommends adopting Resolution No. 2025-150 authorizing the City Manager to execute an agreement with TRIS Technology Solutions for IT Managed Services effective January 1, 2026, with AOS assisting through January 31, 2026 for transition support.

ATTACHMENTS:

1. TRIS Technology Solutions Proposal

2. City of McFarland RFP - IT Managed Services

3. TRIS - Information Technology Services Agreement- Redacted

RESOLUTION NO. 2025-150

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AWARDING A

CONTRACT FOR INFORMATION TECHNOLOGY MANAGED SERVICES TO TRIS

TECHNOLOGY SOLUTIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT
WHEREAS, the City of McFarland issued a Request for Proposals for IT Managed Services and received sixteen proposals; and
WHEREAS, the City evaluated all qualified proposals and conducted interviews with the top three firms, TRIS, Apex, and EMD; and
WHEREAS, TRIS Technology Solutions ranked highest after interviews and also submitted the lowest cost proposal among the finalists; and
WHEREAS, the TRIS proposal includes weekly onsite presence, emergency support, licensing, and project-type labor within a fixed annual fee structure; and WHEREAS, the City Council desires to award the contract and authorize transition activities, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The IT Managed Services contract is awarded to TRIS Technology Solutions effective January 1, 2026.

2. The City Manager is authorized to execute the agreement, subject to City Attorney approval.

3. The City Manager is authorized to coordinate transition activities including retaining AOS through January 31, 2026.

4. This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on December 10, 2025 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano

Anita Gonzalez
María T. Pérez
Martin Gutierrez

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

REQUEST FOR PROPOSALS

INFORMATION TECHNOLOGY MANAGED SERVICES
Issued by Diego Viramontes, City Manager/Finance Director City of McFarland
401 W. Kern Avenue
McFarland CA 93250
ISSUED: Friday September 26, 2025
DUE DATE: Friday October 31, 2025 at 2:00 p.m.

2 NOTICE OF REQUEST FOR PROPOSALS

INFORMATION TECHNOLOGY MANAGED SERVICES
1) The City of McFarland (hereinafter “CITY”) is requesting proposals from qualified firms to submit proposals for Professional Services to provide Information Technology Managed Services to the City.
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 Proposals 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 October 31, 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 –SPECIFICATIONS AND SCOPE
I. INTRODUCTION
The City of McFarland (City) invites proposals from qualified firms or individuals to provide comprehensive IT professional services to support the City’s current and future information technology needs. Services requested include, but are not limited to, help desk support, network management, cybersecurity, infrastructure planning, and project-based technology consulting.

The intent of this Request for Proposals (RFP) is to select a vendor that can provide consistent, flexible, and cost-effective IT services, including planning for the City’s anticipated growth such as a new Police Department facility.

The ideal vendor will resolve computer systems and network issues in accordance with standard and acceptable maintenance and support benchmarks. The successful vendor will be expected to respond to service calls efficiently and to ensure there is no significant computer downtime during normal working hours, generally, 8:00 AM to 5:00 PM, Monday through Friday, in addition to 24-hour operations for public safety. The vendor is expected to report on the status of technology issues and communicate effectively.

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.

A copy of this request for proposals is on the City’s website. All inquiries relating to this Request for Proposals (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 II. BACKGROUND INFORMATION
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 (contracted with Waste Management) and general government. The City employs 70 regular full-time and 2 part-time budgeted employees.

The City operates out of multiple facilities, including City Hall (Admin, Community Development, Police Department), Public Works, Council Chambers, Veterans Community Center, Wastewater Treatment Plant, and the Animal Shelter. Infrastructure growth is expected, including the construction of a new Police Department facility.

The City currently contracts with a third-party IT services provider for technical support/helpdesk for users, equipment purchases and installation, software application licensing and installation, and network/server/firewall management. The City currently has the following:

Software Licensing Summary
Department Product/Service Quantity Renewal Date
City Adobe Acrobat Pro (Gov Teams) 5 10/1/2026
Both Microsoft Office 365 G3 GCC (Y-Y) 98 2/1/2026
Both SpamTitan Plus 98 2/1/2026
Both ArcTitan Email Backup 98 2/1/2026
Both Enterprise Mobility + Security G5 GCC 1 2/1/2026
Police Dept. Duo MFA 27 11/1/2025
City Backup for Servers 1 7/1/2026
Police Dept. Backup for Servers 1 7/1/2026
City of McFarland IT Asset Overview
Category Approx. Count Highlights
Servers 6 Mix of Dell PowerEdge and HP
Workstations 60+ Mostly Dell OptiPlex 5080 w/ Intel i7 CPUs Laptops 40+ Mix of MacBook M1s and Dell Latitudes
Cameras 30+ Mostly Vivotek FD9387-HTV-A surveillance
Switches 15+ EnGenius, HP ProCurve, and Ubiquiti
Wireless & PtMP 20+ Mikrotik and Ubiquiti APs and bridge units

5 Law enforcement and administrative services data are maintained on separate servers.

Experience in Public Safety Systems, California Law Enforcement Telecommunications Systems (CLETS) and Criminal Justice Information Systems (CJIS) Security Policy preferred. This experience can be noted in the response. Additionally, all IT vendors having access to the City of McFarland Public Safety Servers must submit to a fingerprint and criminal history check conducted by the Department of Justice (DOJ).

The City currently utilizes software programs listed in Appendix A. The IT provider will be expected to coordinate with software vendors and ensure secure integration. IT services must support internal control standards and be audit-ready by facilitating access logs, user permissions, and system integrity for applications.

Printers and scanners are under existing lease and maintenance agreements. Any new needs are expected to continue under lease/maintenance contracts. External vendors currently handle this equipment and are not in the IT consultant’s scope unless otherwise agreed upon.

On-site support visits are expected at least monthly, with additional as-needed visits for network outages, hardware failures, or high-priority incidents.

III. SCOPE OF WORK TO BE PERFORMED
This section summarizes the services to be provided to the City in this RFP. The city is looking for a maintenance and support program to be designed under two major categories. These categories are PREVENTIVE MAINTENANCE and AS NEEDED MAINTENANCE, to accommodate departmental computer system activities and user equipment performance. The city expects the vendor proposal to define, in detail, the approach to be used in the above categories.

The distinction of time and material costs for these efforts are important to billing the city and future budget considerations.

A. Initial Assessment

1. Review of inventory, update network diagram, assessment of system architecture and equipment for efficiency, life expectancy, capacity, speed, and current processes, and make recommendations for improving routine support criteria and eliminating emergency maintenance situations. A report of this initial assessment shall be submitted within 30 days of awarding the contract, and each April 1st as long as the contract is in force. This is to allow for necessary budget planning for the upcoming fiscal year.

B. Desktop Application Support

1. Performance of basic support functions, including the installation of PC’s, laptops, mobile devices, printers, peripherals, and office software; diagnosis and correction of desktop application problems, configuring of PC’s, laptops and mobile devices for standard applications; identification and correction of user hardware problems, with advanced troubleshooting as needed; maintenance of an updated inventory of all computer related hardware, to be available to designated City personnel upon request.

6 C. Server and Workstation Services

1. Management of networks and computer systems, including complex applications, databases, messaging, servers and associated hardware, software, communications, and operating systems necessary for performance, security, reliability, and recoverability of the systems. Scheduling of preventive maintenance for equipment in the areas of coverage is properly and promptly performed; maintenance of records for on-site visits, remote support, and telephone support is available; development of operations and quality assurance for backup plans and procedures are being followed.

2. Configuration management, including changes, upgrades, patches, etc. is maintained; management and security of user login credentials are documented, and support of software products relating to servers and workstations; timely response to repair and maintenance work for the user.

D. Network Administration Services

1. Maintenance and support of network equipment, including switches, firewalls, routers, and other security devices are included. Installation and maintenance of printers, scanners, network devices et al; analysis, routine configuration changes, and installation of patches and upgrades; minor cabling as needed; alert notifications in case of failure of equipment. Proactive monitoring of network equipment, including performance indicators to report on threshold limitations; network performance and capacity management services; continuous troubleshooting is required.

2. Maintenance of network documentation for daily, weekly, and monthly services is required.

E. Email, Security and Backup Efforts

1. Maintenance of city email accounts using the city domain, adding, changing, and/or deleting city employee accounts as requested; maintenance of virusdetection programs on the city servers and user computers and laptops; performance of periodic security audits, including notification of suspected breaches of security to designated city point of contact are required. The vendor will also be responsible for coordinating certified cybersecurity training to be compliant with current state law.

2. Configuration of the city systems to enable remote access in a secure environment, with provisions for remote access administration, as requested by the city designee is required.

3. Requirements for a data backup policy, with procedures in place to handle daily, weekly, and monthly backup of the computer, data and information, email, and the like; program to restore systems and data if servers and/or computers go down, is required. Redundant backup systems compliant with electronic records management is required.

7 F. Planning

1. Engineering, planning, and design services for major system enhancements and/or upgrades to existing systems; recommendations for future purchasing and technology needs, when requested or necessary. Installation of new equipment, software, and transfer existing data when acquired, will be needed.

G. Not Included

1. The contract to be awarded does not obligate the city to purchase computer equipment, hardware devices, cabling, licenses, software et al from the successful vendor.

IV. BASIS FOR COMPENSATION
A. The City will pay the vendor 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 vendor. 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 vendor’s quoted hourly rates.

V. ADDITIONAL PROVISIONS
A. Upon notice of intent to award contract, the successful firm shall enter into a Consulting Services Agreement with the City. The City’s Standard Consulting Services Agreement is provided in Appendix B.

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 vendor 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.

VI. SPECIAL TERMS AND CONDITIONS
A. Invoices received from the vendor 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

8 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.

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 September 26, 2025.

B. Proposal Submission
Proposals for City IT Services must be submitted electronically to mailto:[email protected] no later than 2:00 PM on October 31, 2025.

C. Proposal Review and Notification
The City Manager/Finance Director and a select panel of City staff will review and evaluate each proposal submitted. It is anticipated that the proposal review process will be completed by November 6, 2025. Written notification will be sent to all proposers regarding which firms were selected for follow-up interviews.

9 D. Interviews
The City will schedule interviews via Teams with the finalists by the week of November 10, 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 November 17, 2025.

G. Important Dates to Remember
September 26, 2025 RFP Available
October 17, 2025 Deadline for Submission of questions
October 22, 2025 City to provide response to questions
October 31, 2025 Deadline for Proposal Submission
November 6, 2025 City review of Proposals
November 7, 2025 Notification to all proposers
November 10-14, 2025 Firm oral/Teams presentations
December 10, 2025 City Council contract approval
Week of December 15, 2025 Anticipated contract signing
III. EVALUATION PROCESS
The proposals for the City’s IT services will be evaluated by a committee selected by the City Manager. 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 IT 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. Firm’s experience in providing the requested services to agencies of similar nature, size, and complexity.

C. Technical experience and professional qualifications of the team assigned to the City.

D. Proposed cost of services.

10 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. Length of time in business.

3. Length of time in providing proposed services.

4. Number of clients.

5. Number of clients in the public sector.

6. Give the location of the office from which the remote work is to be done and the number of full-time employees and areas of involvement:

Technical Support, Programming, Consulting, Sales Support, Administrative Support.

7. Federal and State taxpayer-identification numbers of the firm.

8. A brief statement of your understanding of the services to be performed and make a positive commitment to provide services as specified.

9. The letter must be signed by a corporate officer or person authorized to bind the vendor to the proposal and cost schedule.

10. A statement indicating that the proposal and cost schedule will be valid and binding for ninety (90) days following the proposal due date and will become part of the contract negotiated with the City.

11 D. Qualifications Statements

1. Qualifications and Related Experience of Personnel Who Will Perform Work. Résumés of all personnel who are proposed to provide professional services to the City within the Scope of Work outlined and described in this request should be included. Résumés should include all relevant experience, education, and other qualifications.

2. Prior Relevant Experience. A description of prior work experience and projects relevant to the Scope of Work outlined and described in this request should be included.

3. Name, title, address, and telephone number of three references for clients, whom similar services have been provided, including information referencing the actual services performed, number of users, and length of tenure. References from other Public Sector clients would be beneficial.

E. Scope of Work and Provisions

1. Provide a proposed approach to conduct services anticipated in the Scope of Work. Include any performance or timing commitments that proposer is prepared to make (e.g. help desk response times, network up time, and other measures).

2. Support services questions to be addressed:
i. Support availability (days of week and time, including how you will deal with after-hours and weekend calls).
ii. Toll-free or local number.
iii. Structure of charges for support.
iv. Steps for resolving problem escalation.
v. Final authority regarding conflicts.
vi. Response time and goal for resolving problems.

3. Scope of services beyond the RFP that the firm provides which may be of interest to the city.

F. Cost of Services
The city is requesting that the vendor submit a FIXED FEE service contract for ongoing maintenance items along with an hourly rate for troubleshooting, desktop maintenance, and other projects for a twelve-month period, with an option to renew for three successive twelve-month periods. Each twelve-month period must be shown separately.

12 As a bid alternate, vendor should also submit a FIXED FEE service contract for an all-inclusive service and maintenance, with the understanding that major projects will be negotiated on an as-needed basis.

Vendors may also submit other alternative packages that they feel would meet the needs of the City as an included alternate bid.

Vendors must list, specifically, any services which would not be covered in the proposal price. The vendor shall indicate the impact, if any, of changes in the City’s IT infrastructure (number of servers and PC’s) on the fixed fee. Identify the following for those services not under the fixed fee:
a. A fee schedule containing the vendor hourly rates.
b. A description of how services will be billed.
c. A description of additional charges, as in out-of-pocket expenses for travel, subsistence, etc.

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.

13 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

14 APPENDIX A
City of McFarland Enterprise System Information
Product Vendor Purpose
CivicPlus CivicPlus
Ord Link Sub, Online Hosting, (Muni
Code) Ord Bank, Prints,
Supplementation, Full-Service
Subscription
CivicPlus CivicPlus Agenda Management Software
DocuSign DocuSign Electronic Signature management
CivicEngage Central CivicPlus
City Website, Unlimited Storage, admin
users and livestreams.

NextRequest CivicPlus Public Records Request
LaserFische LaserFiche Document Retention
McFarland Code Enforcement Data Ticket Inc.

Citation and Code Enforcement
Processor
Citation Information System Phoenix Information System Group Citation and Code Enforcement
Processor
Adobe Cloud Creative Cloud Adobe Marketing and Content Creation Canva Canva Pro Marketing and Content Creation
Sprout Social Sprout Social Marketing and Content Creation Kern Data User Subscription KernData.com Kern County Property Data Resource GovWell GovWell Technologies
Building Permit, Planning and Licensing,
Animal Services and Code Enforcement
Administrative Software
ERP Pro 10 Tyler Technologies
All Financial Systems, utility billing,
business licenses, and payroll
processing
Debt Management Fifth Asset DBA, DebtBook Lease and Subscription management Business Domain Registration Turbify City Website domain registration RVS Software RVS Meter Read Software

15 Recruit Pro Spark Hire Applicant Tracking System
RIMS Software Sun Ridge Systems Mobile Mapping, CAD, Report writing RIMS Software (Karpel) Sun Ridge Systems Link to Karpel - Court Filing System Flock Safety Falcon Flock Group Inc. City Livestream Services GPS Subscription Plan GPS N Vision Tracker - Investigation Core Plan BlueBeam Inc. Construction based PDF tools
Road AI Vaisala Inc
In time Road Data Infrastructure
Management
ArcGIS ESRI Data and location mapping

16 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.

17 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.

18 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.

19 7. RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY CITY. City designates Diego Viramontes, 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

20 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.

21 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

22 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,

23 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

24 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

25 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

26 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.

27 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.

28 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.

29 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]

30 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

31 “ATTACHMENT “A”
Scope of Work

32 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)

33 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.

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES BETWEEN

CITY OF MCFARLAND, CALIFORNIA,
AND

TRIS TECHNOLOGY SOLUTIONS, LLC
THIS AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the CITY OF MCFARLAND (the "City") and TRIS Technology Solutions, LLC, a California Limited Liability Company (“Consultant”).

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

Information Technology Managed 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 August 31, 2023, unless an extension of time is mutually agreed to by both parties in writing.

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

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

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

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

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

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

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

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

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

3. PAYMENT FOR SERVICES (ATTACHMENT B).

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

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

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

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

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

4. SUBCONTRACTING.

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

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

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

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

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

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

7. RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY CITY. City designates Diego Viramontes, 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,

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
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 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.

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

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

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

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

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

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

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

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

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

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

11. OWNERSHIP OF DOCUMENTS.

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

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

12. INDEPENDENT CONTRACTOR.

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

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

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Agreement applicable to Consultant's work, including indemnity and insurance requirements.

13. HOLD HARMLESS AND INDEMNIFICATION.

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

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

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

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

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

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

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

15. INSURANCE.

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

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

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

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

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

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
the event that Consultant purchases automobiles during the term of this Agreement, said automobiles shall be likewise covered. The coverage shall contain no special
An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage.

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

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

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

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

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,

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five day after Consultant is notified of the change in coverage.

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

16. DISPUTES.

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

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

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

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

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
resolution, discussions or rejection of the dispute within fifteen (15) working days of receipt of the complaint.

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

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

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

18. CONSULTANT’S BOOKS AND RECORDS.

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

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

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

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

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

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: TRIS Technology Solutions
Attn: Josh Lowrey
2810 Mosasco St, Suite 100
Bakersfield, CA 93312
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.

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

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.

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
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]

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
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
TRIS Technology Solutions
a limited liability company
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

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
“ATTACHMENT “A”

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
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

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
ATTACHMENT “C”
Project Schedule and Completion Date
The project schedule and completion date do not apply, as this agreement covers ongoing information technology managed services delivered on a continuous basis.

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. 18.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: December 10,
2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Serrena McCuan, Human Resources Director
SUBJECT: Approval of Resolution No. 2025-151 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND APPROVING UPDATED PAY

RANGES FOR SWORN POLICE OFFICER POSITIONS AND AMENDING

THE CITYWIDE SALARY SCHEDULE
SUMMARY:

Staff recommends updating the pay ranges for the sworn classifications of Police Officer, School Resource Officer, Police Corporal, and Police Sergeant to strengthen recruitment and retention efforts. Over the past year, the City has become one of the lower-paid agencies in Kern County for sworn personnel, impacting staffing stability and increasing reliance on overtime.

A regional comparison confirms that adjustments are necessary for McFarland to remain competitive. The proposed update provides approximately a 13% increase across each pay range, with current sworn staff placed at the equivalent step within the new ranges to ensure equity and internal alignment. The updated ranges will be reflected in the Citywide Salary Schedule and will take effect on December 21, 2025, the first day of the next pay period following adoption.

The estimated annual cost increase is $213,901.87, which will be offset through targeted reductions in overtime achieved by modifying scheduling strategies and utilizing available grant funds for eligible overtime assignments.

FINANCIAL IMPACT:

The estimated annualized cost of the updated sworn salary ranges is $213,901.87. Staff anticipates offsetting this cost through:
• Reduced overtime resulting from strategic scheduling changes • Grant reimbursements for qualifying overtime assignments • Stabilized staffing levels that decrease vacancy-driven overtime Changes will be incorporated into the FY 2025-26 mid-year budget adjustments.

RECOMMENDATION:

Staff recommends that the City Council approve the updated pay ranges for the classifications of Police Officer, Police Corporal, and Police Sergeant.

ATTACHMENTS:

1. Salary Range FY25-26 - PD Update 12102025

RESOLUTION NO. 2025-151

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

UPDATED PAY RANGES FOR SWORN POLICE OFFICER POSITIONS AND AMENDING

THE CITYWIDE SALARY SCHEDULE
WHEREAS, the City of McFarland strives to maintain competitive compensation levels for sworn personnel to support staffing stability and effective public safety services; and WHEREAS, staff conducted a regional analysis of Kern County law enforcement agencies and determined that McFarland’s sworn pay ranges have fallen below market; and WHEREAS, the proposed updated pay ranges include an approximate thirteen percent (13%) increase across sworn classifications and maintain equitable step placement for current employees; and WHEREAS, the estimated annual cost increase of $213,901.87 will be offset through reductions in overtime achieved by operational adjustments and use of available grant funds; and WHEREAS, it is in the City’s best interest to adopt updated sworn pay ranges and amend the Citywide Salary Schedule to ensure competitiveness, improve recruitment and retention, and support continued delivery of high-quality public safety services, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The updated pay ranges for the classifications of Police Officer, Police Corporal, and Police Sergeant are hereby approved.

2. The Citywide Salary Schedule is amended to incorporate the revised pay ranges, attached hereto as Exhibit A, effective December 21, 2025, the first day of the next pay period following adoption.

3. The City Manager is authorized and directed to implement the updated salary ranges, place employees in the corresponding step within their classification, and take all administrative actions needed to carry out this Resolution.

4. This Resolution shall take effect immediately upon adoption, with the revised sworn pay ranges becoming effective December 21, 2025.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on December 10, 2025 by the following vote:

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

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

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Human Resources Director Contract
City Councilmembers $200

TITLE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP A STEP F Administrative Assistant I 15 1,489.75 1,565.17 1,644.40 1,727.64 1,815.10 1,906.99 18.62 23.84 Accounting Clerk I 15 1,489.75 1,565.17 1,644.40 1,727.64 1,815.10 1,906.99 18.62 23.84 Community Service Officer 15 1,489.75 1,565.17 1,644.40 1,727.64 1,815.10 1,906.99 18.62 23.84 Accounting Clerk II 19 1,644.41 1,727.65 1,815.11 1,907.00 2,003.53 2,104.96 20.56 26.31 Animal Control/Code Enforcement Officer 19 1,644.41 1,727.65 1,815.11 1,907.00 2,003.53 2,104.96 20.56 26.31 Police Office Technician 19 1,644.41 1,727.65 1,815.11 1,907.00 2,003.53 2,104.96 20.56 26.31 Community Development Technician 19 1,644.41 1,727.65 1,815.11 1,907.00 2,003.53 2,104.96 20.56 26.31 Utilities Operator In Training 19 1,644.41 1,727.65 1,815.11 1,907.00 2,003.53 2,104.96 20.56 26.31 Wastewater Treatment Plant Operator In Training 19 1,644.41 1,727.65 1,815.11 1,907.00 2,003.53 2,104.96 20.56 26.31 Street Maintenance I 22 1,770.85 1,860.49 1,954.67 2,053.63 2,157.59 2,266.81 22.14 28.34 Police Emergency Dispatcher 25 1,907.01 2,003.55 2,104.97 2,211.53 2,323.48 2,441.11 23.84 30.51 Accounting Clerk III 25 1,907.01 2,003.55 2,104.97 2,211.53 2,323.48 2,441.11 23.84 30.51 Sweeper/Street Maintenance Worker I 25 1,907.01 2,003.55 2,104.97 2,211.53 2,323.48 2,441.11 23.84 30.51 Transit Operator 25 1,907.01 2,003.55 2,104.97 2,211.53 2,323.48 2,441.11 23.84 30.51 Administrative Assistant II 26 1,954.68 2,053.63 2,157.59 2,266.82 2,381.57 2,502.13 24.43 31.28 Facilities Maintenance Specialist 27 2,003.55 2,104.97 2,211.53 2,323.49 2,441.11 2,564.69 25.04 32.06 Crime Scene Technician 27 2,003.55 2,104.97 2,211.53 2,323.49 2,441.11 2,564.69 25.04 32.06 Police Officer Reserve/Trainee 27 2,003.55 2,104.97 2,211.53 2,323.49 2,441.11 2,564.69 25.04 32.06 Communications and Marketing Specialist 27 2,003.55 2,104.97 2,211.53 2,323.49 2,441.11 2,564.69 25.04 32.06 Animal Control/Code Enforcement Supervisor 29 2,104.98 2,211.54 2,323.49 2,441.12 2,564.69 2,694.52 26.31 33.68 Administrative Assistant III 30 2,157.60 2,266.83 2,381.58 2,502.14 2,628.81 2,761.89 26.97 34.52 Parks and Streets Maintenance Supervisor 32 2,266.83 2,381.59 2,502.15 2,628.81 2,761.89 2,901.71 28.34 36.27 Staff Accountant 32 2,266.83 2,381.59 2,502.15 2,628.81 2,761.89 2,901.71 28.34 36.27 Utilities Operator I 32 2,266.83 2,381.59 2,502.15 2,628.81 2,761.89 2,901.71 28.34 36.27 Building Inspector I/Code Enforcement Officer 35 2,441.13 2,564.71 2,694.54 2,830.95 2,974.26 3,124.82 30.51 39.06 Utilities Operator II 36 2,502.16 2,628.82 2,761.90 2,901.72 3,048.61 3,202.94 31.28 40.04 Accounting Supervisor 38 2,628.83 2,761.91 2,901.73 3,048.62 3,202.95 3,365.09 32.86 42.06 Communication/Records Supervisor 38 2,628.83 2,761.91 2,901.73 3,048.62 3,202.95 3,365.09 32.86 42.06 Police Officer 38 2,628.83 2,761.91 2,901.73 3,048.62 3,202.95 3,365.09 32.86 42.06 School Resource Officer 38 2,628.83 2,761.91 2,901.73 3,048.62 3,202.95 3,365.09 32.86 42.06 Utilities Operator III 41 2,830.96 2,974.27 3,124.84 3,283.03 3,449.23 3,623.84 35.39 45.30 Police Corporal 42 2,901.74 3,048.63 3,202.96 3,365.11 3,535.46 3,714.43 36.27 46.43 Police Sergeant 46 3,202.97 3,365.12 3,535.47 3,714.45 3,902.48 4,100.04 40.04 51.25 City Clerk (Non-Certified) 35 2,441.13 2,564.71 2,694.54 2,830.95 2,974.26 3,124.82 30.51 39.06 City Clerk (Certified) 41 2,830.96 2,974.27 3,124.84 3,283.03 3,449.23 3,623.84 35.39 45.30 Assistant Engineer/Projects Manager 46 3,202.97 3,365.12 3,535.47 3,714.45 3,902.48 4,100.04 40.04 51.25 Finance Manager 46 3,202.97 3,365.12 3,535.47 3,714.45 3,902.48 4,100.04 40.04 51.25 Grant Manager 46 3,202.97 3,365.12 3,535.47 3,714.45 3,902.48 4,100.04 40.04 51.25 Senior City Planner 46 3,202.97 3,365.12 3,535.47 3,714.45 3,902.48 4,100.04 40.04 51.25 Utilities Manager 46 3,202.97 3,365.12 3,535.47 3,714.45 3,902.48 4,100.04 40.04 51.25

EXEMPT EMPLOYEE PAY SCHEDULE - BIWEEKLY HOURLY PAY

CITY OF MCFARLAND

POSITION & SALARY RANGE LIST
EFFECTIVE 07/01/2025-06/30/2026

CONTRACT EMPLOYEES

CITY COUNCIL - MONTHLY

NON- EXEMPT EMPLOYEE PAY SCHEDULE - BIWEEKLY HOURLY PAY