Section 2. Compensation. Contractor shall perform the Services according to the Rates set forth in Exhibit A, provided that in case shall the work exceed $ 20,150.
Section 3. Term. This Agreement shall commence on the Effective Date and will continue in effect until the Services provided herein have been completed (“Term”), unless sooner terminated as provided in Section 9. Contractor, however, shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”).
Section 4. Payment. City shall pay Contractor for all Services described in Exhibit A that are actually performed, and Contractor agrees to accept compensation as provided in Exhibit A. On a monthly basis, Contractor shall provide City, in reasonable and understandable detail, a description of the Services rendered, and in accordance with the Rates. If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. If City disputes any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion. Failure to accomplish work in any given month may subject Contractor to a reasonable amount of financial retention from that month's invoice until the situation is corrected.
Section 5. Representations of Contractor. City relies upon the following representations by Contractor in entering into this Agreement:
(a) Standard of Care. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby warrants that it is qualified to perform the Services provided in Exhibit A, using generally accepted construction practices and standards, in compliance with all applicable federal, state and local laws. Contractor’s failure to comply with any laws, ordinances, codes or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.
If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Contractor shall immediately notify the City's risk manager by telephone. If any accident occurs in connection with this Agreement, Contractor shall promptly submit a written report to City. This report shall include the following information: (a) name and address of the injured or deceased persons; (b) name and address of Contractor’s subcontractor, if any; (c) name and address of Contractor’s liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.
If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Contractor shall immediately notify City. Contractor shall not store hazardous materials or hazardous waste within the City limits without a proper permit from City. (b) Independent Contractor. In performing the Services, Contractor shall act as an independent contractor and shall have control of the work and the manner in which it is performed.
Contractor is not to be considered an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus, or other benefits City may provide its employees. In the event
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City of Oakdale and _Alliance Home Repair.
City exercises its right to terminate this Agreement, Contractor expressly agrees that it shall have no recourse or right of appeal under rules, regulations, ordinances, or laws applicable to employees.
Nothing contained herein shall be construed as creating an employment, agency or partnership relationship between City and Contractor.
(c) Taxes. Contractor agrees to file federal and state tax returns and pay all applicable taxes on amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes and other obligations, including, but no limited to, state and federal income and FICA taxes. Contractor agrees to indemnify and hold City harmless from any liability which it may incur to the United States or to the State of California as a consequence of Contractor’s failure to pay, when due, all such taxes and obligations. In case City is audited for compliance regarding any withholding or other applicable taxes, Contractor agrees to furnish City with proof of payment of taxes on these earnings.
(d) Authority. Contractor represents that it possesses the necessary licenses, permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Contractor shall also ensure that all subcontractors are similarly licensed and qualified. Contractor represents and warrants to City that Contractor shall, at Contractor's sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Contractor to practice Contractor's profession at the time the Services are rendered.
(e) Warranty. Contractor warrants that the work performed shall be free of defects for a period of one (1) year from project completion. If any installation fails as the result of the workmanship of Contractor, Contractor shall repair or replace the defective installation at no cost to City. Warranty work shall be performed within three (3) business days of notice by City that such work is required.
(f) Records Maintenance. Contractor shall keep and maintain full and complete documentation and accounting records concerning all Services performed that are compensable under this Agreement and shall make such documents and records available to City for inspection at any reasonable time. Contractor shall maintain such records for a period of not less than five (5) years following completion of work hereunder.
(g) No Conflict of Interest. Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement. Contractor further promises that in the performance of this Agreement, no person having such interest will be knowingly employed.
(h) Nondiscrimination. Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to nondiscrimination in employment because of race, creed, color, sex, age, marital status, physical or mental disability or national origin. In addition, all agreements with sub-contractors will include language as required by the Office of Federal Contract Compliance Programs that requires sub-contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.
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City of Oakdale and _Alliance Home Repair.
(i) Prevailing Wage. Contractor agrees to pay all craftsmen and laborers working on this Project at least the minimum prevailing wage as determined by the California Department of Industrial Relations. Contractor understands and agrees that it is Contractor’s responsibility to determine the minimum prevailing wage and to report compliance.
Section 6. Assurance of Performance. If, at any time, City believes Contractor may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Contractor for written assurances of performance and a plan to correct any observed deficiencies in Contractor's performance. Failure to provide written assurances subsequent to such written request shall constitute grounds to declare a breach under this Agreement.
Section 7. Excusable Delays. Contractor shall not be in breach of this Agreement in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of Contractor. Force Majeure does not include: (a) Contractor’s financial inability to perform; (b) Contractor’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Contractor’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Contractor.
Section 8. Ownership and Disclosure of Work Product. City shall be the owner of and shall be entitled to immediate possession of accurate reproducible copies of any design computations, plans, specifications, copies of correspondence, maps, or other pertinent data and information gathered or computed by Contractor (“Work Product”) in the performance of and prior to termination of this Agreement by City or upon completion of the work pursuant to this Agreement. Contractor may retain copies of the above-described documents. When this Agreement is terminated, Contractor agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.
Section 9. Termination. City may terminate this Agreement prior to the expiration of the Term (“Termination”), without cause or reason, upon five (5) days’ advance written notice (the “Termination Notice”). Upon receipt of a Termination Notice, Contractor shall immediately cease performing the Services. Contractor will be entitled to compensation, as of the date Contractor receives the Termination Notice, only for Services actually performed. Compensation under this paragraph shall not include costs related to lost profit associated with the expected completion of the Services.
Notwithstanding the above, this Agreement may be terminated by City for cause based on the loss or suspension of any licenses, permits or registrations required for the continued provision of the
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City of Oakdale and _Alliance Home Repair.
Services, or Contractor’s malfeasance. Termination of the Agreement for cause as set forth in this Section shall relieve City from compensating Contractor.
Section 10. Property of City. The following will be considered and will remain the property of City:
(a) Documents. All reports, drawings, graphics, working papers and Confidential Information furnished by City in connection with the Services (“Documents”). Nothing herein shall be interpreted as prohibiting or limiting City’s right to assign all or some of City’s interests in the Documents.
(b) Data. All data collected by Contractor and produced in connection with the Services including, but not limited to, drawings, plans, specifications, models, flow diagrams, visual aids, calculations, and other materials (“Data”). Nothing herein shall be interpreted as prohibiting or limiting City’s right to assign all or some of City’s interests in the Data. (c) Delivery of Documents and Data. Contractor agrees, at its expense and in a timely manner, to return to City all Documents and Data upon the conclusion of the Term or in the event of Termination.
Section 11. Liability for Breach. Neither Party waives the right to recover damages against the other for breach of this Agreement including any amount necessary to compensate City for all detriment proximately caused by Contractor's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Contractor. City shall not in any manner be liable for Contractor's actual or projected lost profits had Contractor completed the Services required by this Agreement. In the event of Termination by either Party, copies of all finished or unfinished Work Product shall become the property of City. Notwithstanding the above, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
Section 12. Insurance. Contractor, and all of its contractors and subcontractors, shall obtain and maintain insurance of the types and in the amounts described in this Section, with carriers reasonably satisfactory to City.
(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. Contractor’s general liability policies shall be primary and not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also
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City of Oakdale and _Alliance Home Repair.
required.
(b) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(c) Automobile Liability. Contractor shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. (d) Other Insurance Requirements. Within five (5) days of the Effective Date, Contractor shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required worker’s compensation insurance. Such Certificates shall be kept current for the Term of the Agreement and Contractor shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the worker’s compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied, or used by the Contractor, or automobiles owned, leased, or hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City; (c) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in excess of Contractor’s insurance and shall not contribute to it; (d) contain standard separation of insured provisions; and (e) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to the City.
(e) Material Breach. If Contractor, for any reason, fails to maintain insurance coverage that is required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement. City, at its sole option, may terminate this Agreement and obtain damages from Contractor resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance. These remedies shall be in addition to any other remedies available to City.
When Applicable:
(f) Builder’s Risk Insurance. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’s Risk/Course of Construction insurance.
Policy shall be provided for replacement value on an "all-risk" basis. The City shall be named as
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City of Oakdale and _Alliance Home Repair.
Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy.
Policy must include: (1) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project; (2) coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. (g) Contractors Pollution Liability. Pollution Coverage shall be provided on a Contractors Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than one million dollars ($1,000,000) per claim. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Section 13. Indemnification. Contractor shall indemnify, defend and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Section 14. Non-Collusion. For competitively bid projects, Contractor represents that he has provided a non-collusion affidavit pursuant to Public Contract Code 7106 prior to the provision of any Services under this Agreement.
Section 15. Retentions. City, in its sole discretion, shall determine whether to set aside retentions in accordance with Public Contract Code sections 9203, 7107, 20104.50 and 22300.
Section 16. Resolution of Claims and Disputes. The Parties shall abide by Public Contract Code section 20104 et seq. if such provisions apply to this Agreement. In such case where those provisions do apply, in any arbitration to resolve a dispute relating to or arising out of this Agreement, the arbitrator's award shall be supported by law and substantial evidence. The arbitrator shall file a written decision with the court and serve a copy of it on each of the Parties. The written decision shall contain a summary of the evidence, reasons underlying the decision, and unless the Parties otherwise agree, findings of fact and conclusions of law.
Section 17. Notices. Any notice or communication required hereunder between City and Contractor must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered
AGREEMENT FOR CONSTRUCTION SERVICES
City of Oakdale and _Alliance Home Repair.
to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Oakdale
280 North Third Avenue
Oakdale, California 95361
Attn: City Clerk
With courtesy copy to:
If to Contractor: _Alliance Home Repair_______
_8201 Laughlin Road_________
_Oakdale CA 95361__________
Attention:__Todd Veenhuis
Section 18. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement:
Exhibit Designation Exhibit Title
Exhibit A: Estimate & Quote
Section 19. General Provisions.
(a) Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 20 of this Agreement, Sections 1 through 20 shall prevail.
(b) Modification. No alteration, amendment, modification, or Termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement. (c) Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
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City of Oakdale and _Alliance Home Repair.
(d) Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with. (e) Assignment. No Party shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties. (f) Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.
(g) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.
(h) Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Stanislaus.
(i) Severability. If any term, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in effect. (j) Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
(k) Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Agreement.
(l) Entire Agreement. This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
(m) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations whether, written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
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(n) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
(o) Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
(p) Attorney’s Fees and Costs. If any action at law or in equity, including arbitration, mediation or any action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, or because of any breach by either Party of the terms hereof, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
(q) Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
(r) Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
[SIGNATURES ON FOLLOWING PAGE.]
AGREEMENT FOR CONSTRUCTION SERVICES
City of Oakdale and _Alliance Home Repair.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date referenced above.
CITY:
CITY OF OAKDALE, a California municipal
corporation
By:
Bryan Whitemyer, City Manager
CONTRACTOR:
___________________, a California limited
liability company // California Corporation
By:
Name:
Attest:
Rouzé Roberts, City Clerk
Approved as to Form:
Tom Hallinan, City Attorney
EXHIBIT A: Estimate & Quote
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: February 6, 2023
To: Mayor Bairos and City Council
From: Jeff Gravel, Public Services Director
Subject: Consideration of a Resolution to Approve an Annual Contract with Tesco Controls, Inc. to provide Extended Maintenance and Support Service for the City of Oakdale Water and Wastewater PLC and SCADA Systems in the amount of $16,000.00 funded by Sewer Fund 622 and Water Fund 645
I. BACKGROUND
This service agreement request is a continuation of an annual Extended Maintenance and support Services contract for the City’s water and waste water systems. All of the City’s water and wastewater systems are controlled and monitored by the SCADA (Supervisory Control and Data Acquisition) System. The system is the heartbeat and brains of the entire City of Oakdale’s Water system, Wastewater Treatment Plant and Sewer lift stations. Without SCADA, the City would need personnel to physically monitor these systems 24 hours per day, seven days per week. SCADA is an essential tool for the City’s wet utility systems.
II. DISCUSSION
Tesco Controls, the designer and engineer of our system, offers an Extended Maintenance and Support Service (EMASS) Contract to its customers. The services include:
• One (1) day per month on site to identify and resolve any issues with or make changes to, the City’s SCADA application and/or PLC programs and/or process instrumentation. (Twelve total in person visits) • Reduced rates for any additional work provided above and beyond the contract allowance.
Tesco also provides remote access support and consultation for the City’s SCADA system on an as needed bases.
This service has been a tremendous help to the City and the operations of our utility systems. Tesco has performed maintenance and repairs to an aging SCADA system for the last 4 years. The City is wishing to renew the contract with Tesco Controls for another year (January 1,2023 – January 1, 2024).
In addition, City staff is finalizing scopes of work and expecting quotes from Tesco Controls to update the City’s SCADA system. Quotes for these updates will be AGENDA ITEM 9.8
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Tesco Controls EMASS Contract
MEETING DATE: February 6, 2023
REPORT DATE: January 26, 2023
subject to City Council review and approval. It is expected this request will be scheduled for City Council consideration in March 2023.
III. FISCAL IMPACT
This item has been included in this fiscal year’s budget in the Sewer Fund 622 and Water Fund 645, Contract Services. The total cost of the EMASS Contract is $16,000.00 and the contract period is one year. This is an increase of $2,000 over last year however, we have not experienced an increase for the last three years.
IV. RECOMMENDATION
That the City Council adopt the Resolution approving a Contract with Tesco Controls, Inc. to provide an Extended Maintenance and Support Service for the City of Oakdale Water and Wastewater SCADA Systems in the amount of $16,000.00 funded by Sewer Fund 622 and Water Fund 645.
V. ATTACHMENTS
Attachment A: Draft City Council Resolution 2023-__
Attachment B: EMASS Service Quote
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2023-XX
A RESOLUTION OF THE CITY OF OAKDALE CITY COUNCIL APPROVING AN ANNUAL CONTRACT WITH TESCO CONTROLS, INC. TO PROVIDE EXTENDED MAINTENANCE
AND SUPPORT SERVICE FOR THE CITY OF OAKDALE WATER AND WASTEWATER SCADA SYSTEMS IN THE AMOUNT OF $16,000.00 FUNDED BY SEWER FUND 622 AND WATER FUND 645.
THE CITY OF OAKDALE CITY COUNCIL DOES HEREBY RESOLVE THAT:
WHEREAS, All of the City’s water and wastewater systems are controlled and monitored by the SCADA (Supervisory Control and Data Acquisition) System; and WHEREAS, SCADA is the heartbeat and brains of the entire City of Oakdale’s water system, Wastewater Treatment Plant, Storm lift stations, and Sewer lift stations; and WHEREAS, without SCADA, the City would need personnel to physically monitor these systems 24 hours per day, seven days per week; and
WHEREAS, Tesco Controls, the designer and engineer of our system, offers an Extended Maintenance and Support Service (EMASS) Contract to its customers; and WHEREAS, the total cost of the EMASS Contract is $16,000.00 and the contract period is one year; and
NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL of the CITY OF OAKDALE hereby approves a Contract with Tesco Controls, Inc. to provide an Extended Maintenance and Support Service for the City of Oakdale Water and Wastewater PLC and SCADA Systems in the amount of $16,000.00 funded by Sewer Fund 622 and Water Fund 645.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 6th DAY OF FEBRUARY, 2023, by the following vote:
AYES: COUNCIL MEMBERS: (0)
NOES: COUNCIL MEMBERS: (0)
ABSENT: COUNCIL MEMBERS: (0)
ABSTAINED: COUNCIL MEMBERS: (0)
SIGNED:
Cherilyn Bairos, Mayor
ATTEST:
Rouzé Roberts, City Clerk
Corporate Office
8440 Florin Road, Sacramento, CA 95828
P.O. Box 299007, Sacramento, CA 95829
PH: 916.395.8800 FX: 916.429.2817
File Ref. 23A178Q01-City of Oakdale_EMASS.doc Page | 1 of 5 To: City of Oakdale Quote Date: 1/19/2023
Attn: Jeff Roberts Quote No.: 23A178Q01
Re: Annual Extended Maintenance and System Services (EMASS) Proposal
ANNUAL SERVICE CONTRACT PACKAGE
(Service Period: January 1, 2023 to December 31, 2023)
This proposal is offering an annual Extended Maintenance and System Support service (EMASS) contract package to provide support services for City of Oakdale’s Water and Wastewater PLC and SCADA systems, including process instrumentation support services. The service contract shall include one (1) day per month on site to identify and resolve any issues with or make changes to, the City’s SCADA application and/or PLC programs and/or process instrumentation. PLC programs from all sites will be uploaded at this time and backups will be provided on thumb drives to the owner. Any additional work provided above and beyond the contract allowance, will be provided at the contract’s reduced rates on a time-and-material basis.
With this agreement, when paid in full at the beginning of the service term, the signee is entitled to reduced rates, priority response, and emergency service available 24 hours a day, 7 days a week, 365 days a year. These rates and terms are identified under the “Standard Professional Services Rates for Time and Material Services” section as included herein.
Scope of Coverage
The following identifies the scope of coverage related to support, service, and covered equipment/systems as part of this Service Contract Package.
Item Description
1 PLC, SCADA and Instrumentation Systems Specialized Preventative Maintenance & Support Services:
• TESCO shall provide a total of twelve (12) working days onsite throughout the year, that can be used for individual day trips, or grouped together for several consecutive days onsite, depending on the requirements of the troubleshooting/changes needed throughout the year.” • PLC programs from all sites will be uploaded at this time and backups will be provided on thumb drives to the owner.
Sites/Equipment Covered:
The above-listed support service applies to the following sites/equipment:
City of Oakdale’s water and wastewater sites.
TOTAL ANNUAL COST: $16,000.00
Additional Services
Additional services which are not included within the Service Contract coverages (as defined above) are available and can be administered through this contract. Such services are offered at TESCO’s “standard rates” per the rate EMASS Service Contract Quotation TESCO CONTROLS, INC.
File Ref. 23A178Q01-City of Oakdale_EMASS.doc Page | 2 of 5 scheduled included herein, which will accrue against the included Allowance or billed separately on a Time-&- material (T&M) basis. There services will be subject to the service provisions defined herein and scheduled accordingly. Service and support may include any of the following disciplines/items as needed to fulfill the additional service requests.
Field Service Technician – to provide field support and services, including, but not limited to:
instrumentation troubleshooting, calibration, and loop testing; electrical control modifications; control system troubleshooting; motor control support services (e.g. VFD’s, RVSS’s, Pump Control Panels, etc.) and communication system services
PLC Programmer – to provide PLC programming support and services as needed, including, but not limited to: troubleshooting, program modifications, OIT programming services, and training. SCADA Programmer – to provide SCADA support and services as needed, including, but not limited to:
software troubleshooting; support services for system tags, database, telemetry/communications, alarming systems, reporting, and graphics support; networking support; programming modifications; and training. (Note: Latest SCADA system software updates should be available while under terms of the contract) Engineer – to provide engineering and consulting support and services related to electrical control and system engineering, including, but not limited to: electrical control system assessment, tracing, engineering, and as-built drawings; control system operations engineering; system documentation; and training. Materials, travel, expenses, and/or third-party services will be billed separately. Any material required shall be approved by owner/customer prior to procurement.
Rate Schedule
The following rate schedule identifies the Professional Services offered by Tesco Controls for Technical Support Services only. Please note that this rate schedule is not intended for use with Task Orders or project scopes of work, which shall be administered separately from this Service and Support Contract (TESCO can negotiate and quote these separate work efforts, as needed). This rate schedule applies to the services and support covered by this Service Contract per the applicable rate category, as well as the additional services that are rendered for ancillary support effort (which is performed per the standard rates and provisions defined below).
The following are Tesco’s current professional service rates for year 2022-2023 including the escalation rate schedule for service type and category. The rates shown below include the direct hourly rate only and do not include expenses related to business travel, ME&I costs, per diem, or other miscellaneous fees. If needed, please consult with Tesco representative for travel-loaded rates which are evaluated case-by-case upon request.
Professional Services Standard
Rate
Premium
Services
Emergency
Services
Service
Contracts
Factory Repairs $115 $125 $155 $105
Engineering Support $110 $120 $150 $95
Drafter/Designer $130 $140 $190 $115
Engineer/Designer (Electrical, Controls) $150 $160 $220 $130 Project Engineer $160 $170 $240 $145
Senior Project Engineer $175 $190 $250 $150
Project Manager $170 $180 $240 $150
Senior Project Manager $190 $200 $250 $160
PLC Applications Programmer $160 $170 $240 $145
Senior PLC Applications Programmer $175 $190 $250 $155
SCADA Applications Programmer $160 $170 $240 $145
Senior SCADA Applications Programmer $175 $190 $250 $155 EMASS Service Contract Quotation TESCO CONTROLS, INC.
File Ref. 23A178Q01-City of Oakdale_EMASS.doc Page | 3 of 5 Professional Services Standard
Rate
Premium
Services
Emergency
Services
Service
Contracts
Field Service Engineer/Specialist $160 $170 $240 $145
Senior Field Service Engineer $175 $190 $250 $155
Network/Communications Engineer $200 $210 $260 $185
Senior System Architect $205 $220 $270 $190
Service Rate Categories
The following define the service types identified in the above listed rate categories:
Standard Service Rate – These rates apply to standard scope and task order activities that are under Tesco’s scheduling and resource planning control. Standard rates are reserved for negotiated, planned, and welldefined/specified scopes of work where standard approach methodologies for executing work activities apply.
These rates may also apply to specialized preventative maintenance services. These rates do not apply to openended tasks or time-&-material (T&M) work orders requiring premium technical/engineering services (please refer to Premium Service Rates); the Standard Service Rate category apply to standard ‘project/product delivery’ work.
Please consult with Tesco representative for applicable service rate.
Premium Service Rate – These rates apply to open-ended tasks and time-&-material (T&M) work activities where the scope of work is not well-defined requiring a non-standard approach to scope management and resource planning. Such activities require higher-level disciplines for engineering task discovery in defining scope of work requirements on an as-needed basis. These rates may also apply to scope and task order activities that require premium technical services, such as engineering assessments, engineering surveys/studies, integration activities, troubleshooting, and T&M support services. These rates do not apply to urgent, expedited, or emergency service where the rendering of services are subject to deadlines or schedules that compress or interrupt other prescheduled activities or project work (please refer to Emergency Service Rates). Please consult with Tesco representative for applicable service rate.
Emergency Service Rate – These rates apply to tasks, work activities, and/or services that are rendered where personnel and resources need to be expedited and do not follow Tesco’s standard methodology for scheduling work. Such services may impact other work activities or other project work, and may require rescheduling of resources to accommodate an expedited schedule. These rates may also apply to services that need to be rendered after normal business hours, whether provided as technical phone support or onsite technical support.
Please note that any onsite technical support or activity rendered as an Emergency Service Rate may be subject to additional surcharges as follows:
Emergency Onsite Service Surcharges
Mobilization surcharges are applied to each emergency call/request that results in onsite activities being rendered under the Emergency Service Rate classification as defined above. These surcharges do not apply to phone support or remote VPN access support services. The following surcharges are applied to the mobilization of onsite services based on operating business hours.
After-Normal Business Hours, On-Call Onsite Support..........................................................$950 per incident During Normal Business Hours, On-Call Onsite Support........................................................$650 per incident After-hours service requests are managed through Tesco’s 24/7 On-Call Support Program and facilitated through Tesco’s call center and dispatched to on-call personnel. Please note that the utilization of Emergency Service Rates do not constitute an Emergency On-Call & Technical Support Service Contract or guarantee a level-ofservice/response-time stipulated by those contracts. Please contact Tesco for a customized EMASS, Support, and/or On-Call Emergency Service Contract which is structured and quoted on support needs and on a system-bysystem basis. Although Emergency Services are expedited and scheduled promptly, mobilization is subject to EMASS Service Contract Quotation TESCO CONTROLS, INC.
File Ref. 23A178Q01-City of Oakdale_EMASS.doc Page | 4 of 5 availability and resource rescheduling lead-times. Please consult with Tesco representative for applicable service rate.
Service Contract Rate – These rates apply to work, tasks, and scopes identified by a Tesco Service Contract.
Service Contracts can include bundled packages for Extended Maintenance and System Services (EMASS) contracts, Technical Support Service contracts, and On-Call Emergency Service contracts. Eligibility of these rates are only available through an active and pre-paid Tesco Service Contract which are subject to the terms and conditions stipulated by the respective Service Contract language. These rates do not apply to Open Purchase Orders, Time-&-Material (T&M) service requests, or premium Professional Services / Consulting Agreements.
Please consult with Tesco representative for additional information and details related to Service Contracts.
Please consult with a Tesco representative for applicable service rates.
Rendering Services
Upon contracting into an agreement with Tesco Controls (i.e. Retainer Agreement, Service Contract, or Professional Services/Consulting Agreement), these indicated rates shall be valid for the agreed contract period.
Services rendered will be provided on a Time-and-Material accrual basis, which may be estimated in advance with a specified Task Order and/or defined scope of activity(ies). The hours accrued for rendered services will be recorded and only those incurred hours will be billed against the service/contract agreement in addition to the cost of expenses, travel, per diem, ME&I costs, fees, expenditures, and any preauthorized hardware/material provided. Please refer to the Time-and-Material service provisions and the terms and conditions noted herein.
Service Provisions
Please note the following service provisions:
Normal working hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. Overtime at one and one-half the standard rate is billed for services outside the normal working hours, excluding weekends and holidays. Saturday working hours are billed at two times the standard rates. Sunday working hours are billed at three times the standard rates. Holiday working hours are billed at three times the standard rates. The above rates are billed two-hour minimum and in half-hour increments per activity/mobilization. Portal-to-portal travel time is billed at the indicated hourly rate, plus $0.85 per mile. Hardware components are billed at cost plus 20% overhead/procurement expenditures and 15% margin (delivery is subject to manufacturer availability). Sales tax will be applied as appropriate. Actual travel expenses (airfare, ground transportation, lodging, meals, etc.) are billed at cost plus 20% overhead/administration.
Authorized third party services will be billed separately at cost plus 20% overhead/subcontract administration and 15% margin (delivery is subject to service provider availability). Please note: The above listed rates and referenced disciplines are for technical and professional services only, which do not include any trade installation, trade work, or trade labor.
Clarifications
The liability of Tesco Controls under this Extended Maintenance and System Services agreement shall be limited to the reasonable value of the labor and services to be performed hereunder. Tesco Controls agrees to provide the services referenced herein but does not assume any liability or responsibility for damages caused by a failure of the parts or components referenced herein or the loss of any data. Tesco Controls shall not be obligated under this agreement to provide an extension of the manufacturer's warranty for any component referenced herein.
Tesco Controls shall not be obligated under this agreement to provide services or repair damage caused by fire, explosion, vandalism, theft, act of God, misuse, or abuse of equipment/components; such equipment may not be serviceable and may need to be replaced. Nor will Tesco Controls be liable for damage caused by unsupervised EMASS Service Contract Quotation TESCO CONTROLS, INC.
File Ref. 23A178Q01-City of Oakdale_EMASS.doc Page | 5 of 5 relocation, repair, or modifications to the equipment/components not performed by Tesco Controls (or previously authorized by Tesco Controls if such equipment is covered by the “covered components of this agreement”).
Please note the following service provisions:
Terms and Conditions
Contract will be covered 1 year from date of acceptance. TESCO carries liability insurance, with full workman's compensation coverage. Terms are net 30 days on approved credit accounts.
Interest will be applied to all past due invoices.
Contract Acknowledgement
The undersigned acknowledges that they have read and understand the above Service Contract offering:
City of Oakdale Tesco Controls, Inc.
Company/Agency Company/Agency
Name, Title Name, Title
Signature Signature
Date Date
Proposal prepared by:
TESCO CONTROLS, INC.
Charles L. Foerster
EMASS Manager
[email protected]
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Meeting Date: February 06, 2023
To: Mayor Bairos and Members of the City Council
From: Patrick Mondragon, Assistant to the City Manager
Reviewed by: Bryan Whitemyer, City Manager
Subject: Consider a Resolution Approving Revisions to the Salary Schedule Contained in the Rules and Regulations for Employment of Part-Time and Temporary Employees I. BACKGROUND
The City’s Rules and Regulations for the Employment of Part-Time and Temporary Employees identify a number of part-time and temporary employment classifications and include salary schedules based on an hourly rate of pay for these positions (Attachment B.) The current part-time salary schedule was last updated in January 01, 2022.
II. DISCUSSION
Since the last part-time salary schedule update, the State government has approved a minimum wage increase. Effective January 01, 2023, the minimum wage increased from $15.00 to $15.50 per hour for employers with 26 employees or more. Although staff has adjusted salaries to comply with the new law, this proposed part-time and temporary salary schedule is being brought to Council for formal adoption.
III. FISCAL IMPACTS
No appropriations are needed to cover the increased costs in the current budget. The increase will be included in the proposed FY 2023-24 budget.
IV. RECOMMENDATION
Adopt the Resolution Approving the Revisions to the Salary Schedule for Part-Time and Temporary Employees.
V. ATTACHMENTS
Attachment A: Draft City Council Resolution 2023-__
Attachment B: Part-time Salary Schedule
AGENDA ITEM 9.9
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2023-__
A RESOLUTION OF THE CITY OF OAKDALE CITY COUNCIL
APPROVING REVISIONS TO THE SALARY SCHEDULE CONTAINED IN THE
RULES AND REGULATIONS FOR EMPLOYMENT OF PART-TIME AND
TEMPORARY EMPLOYEES
THE CITY OF OAKDALE CITY COUNCIL DOES HEREBY RESOLVE THAT:
WHEREAS, from time to time the City has a need to employ individuals in positions that are part-time or temporary in nature which provide important services including seasonal or part-time work requiring specific skills, certifications and training; and, WHEREAS, the City has adopted formal rules and regulations regarding the employment of part-time and temporary employees which include a salary schedule establishing an hourly rate of pay for these part-time and temporary positions; and, WHEREAS, it is important that the salary schedule for these important part-time and temporary employees reflect current minimum wage rates as well as salary rates in the local market which reflect the required specialized training, certifications and training.
NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL of the CITY OF OAKDALE hereby approves the revisions to the Salary Schedule for Part-Time and Temporary Employees as contained within the applicable Rules and Regulations for Employment of Part-Time and Temporary Employees identified in Exhibit A, attached hereto.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 6TH DAY OF FEBRUARY 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
SIGNED:
Cherilyn Bairos
ATTEST:
Rouze Roberts
City Clerk
Part - Time 2/1/2023
. 1/01/2022 hourly rates 1/01/2023 hourly rates
1 2 3 4 5 1 2 3 4 5
P01 P01 LIFEGUARD 15.00 15.75 16.54 17.36 18.23 15.50 16.28 17.09 17.94 18.84 P02 P02 LIFEGUARD W/WSI 16.00 16.80 17.64 18.52 19.45 16.50 17.33 18.19 19.10 20.06 P03 P03 POOL MANAGER 20.00 21.00 22.05 23.15 24.31 20.50 21.53 22.60 23.73 24.92 P04 P04 LIFEGUARD - HEAD 17.00 17.85 18.74 19.68 20.66 17.50 18.38 19.29 20.26 21.27 P08 RECREATION LEADER I 15.00 15.75 16.54 17.36 18.23 15.50 16.28 17.09 17.94 18.84 P09 RECREATION LEADER II 15.50 16.28 17.09 17.94 18.84 16.00 16.80 17.64 18.52 19.45 P11 INTERN 15.00 - - - - 15.50 - - - -
P16 CLERK TYPIST 15.00 15.75 16.54 17.37 18.24 15.50 16.28 17.09 17.94 18.84 P17 PARKING AIDE 15.00 15.75 16.54 17.36 18.23 15.50 16.28 17.09 17.94 18.84 P18 SCHOOL CROSSING GUARD 15.00 15.75 16.54 17.36 18.23 15.50 16.28 17.09 17.94 18.84 P29 ADMINISTRATION CLK TRAINE 15.00 15.75 16.54 17.36 18.23 15.50 16.28 17.09 17.94 18.84 P30 POLICE CADET 15.00 15.75 16.54 17.36 18.23 15.50 16.28 17.09 17.94 18.84 P33 MAINT. SUPERVISOR SUPPORT 26.55 - - - - 26.55 - - - - P37 POLICE RESERVE - LEVEL I 29.10 - - - - 29.10 - - - - P38 POLICE RESERVE - LEVEL II 17.23 - - - - 17.23 - - - - P39 FIRE MARSHALL 40.34 42.09 43.91 45.83 47.86 40.34 42.09 43.91 45.83 47.86 P40 FIRE RESERVES 18.10 - - - - 18.10 - - - -
P41 OPERATIONS MANAGER 74.00 - - - - 74.00 - - - -
P43 POLICE ADMIN SUPPORT 26.88 28.23 29.64 31.12 32.67 26.88 28.23 29.64 31.12 32.67 P44 FIRE SERVICES CONSULTANT 68.00 68.00
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: February 6, 2023
To: Mayor Bairos and Members of the City Council
From: Jeff Gravel, Public Services Director
Subject: This is Consideration of a Resolution Authorizing the City Manager to enter into a Professional Services Agreement with CSG Consultants for Building Plan Check, Inspection Services and In House Technical Support on an “As Needed” bases, Fund 120 Development Services.
I. BACKGROUND/ DISCUSSION
The City of Oakdale has relied on contract services for professional Building Plan Check and Inspection services for several years. On July 1, 2010, the City of Oakdale entered into an agreement with Stanislaus County for Building Plan Check and Building Inspection services for the City of Oakdale. Since then the City has utilized those services on an “as needed” bases.
In August 2022, The City of Oakdale’s Building Official resigned and moved on to other career opportunities leaving an operational challenge within the Public Services office by not having building technical support service at our front counter. Staff reached out to Stanislaus County asking if they have could accommodate a person to provide technical support in our office for a part time bases. The County indicated they were having some of the same challenges in their office and were not able to accommodate. Staff reached out to CSG Consultants with the same request. They were able to accommodate and provide a part time person to cover our front counter during business hours.
CSG Consultants provides a wide range of building and planning related services for cities and municipalities. Their offices are located in central and Southern California. They are currently providing similar building related services for the City of Hughson.
Their service rates are very similar to County rates currently contracted with the City of Oakdale. For example: County inspection fee is $87 per hour compared to CSG at $98 per hour. Plan check fees for the County are 75% of the building permit fee cost. CSG’s plan check fees are 70% of the building permit fee. Note these fees are paid by plan check fees collected from new projects. These services are only utilized on an as needed bases.
The initial and most important service needed by CSG is in office technical support. CSG is prepared to allocate a person to assist in over-the-counter and AGENDA ITEM 11.1
phone call questions 12 hour per week. They can accommodate additional hours but due to the current economy and lack building activity, it is recommended 12 hours is a good starting point. With this arrangement, the City has the ability and can adjust hours needed to offset the ebb inflow of building activity.
The recommended 12 hours per week would be funded by Fund 120, Building Inspections, Contract Employee. This is the same fund which paid our past fulltime employee. It should be noted, depending on building activity, it may be appropriate to rehire our building inspection or building official position in the future. It should also be noted that during slow office hours, the CSG employee could plan check plans and perform inspections. Both the County and CSG will be used on an as needed bases for plan check and inspection services.
II. FISCAL IMPACT
The agreement term is effective upon execution and will remain in effect until either party terminates the agreement with a 30 day notice. Hourly rates are $98 per hour for inspection services and 70% of the building permit cost for plan check service. In office building service support is $98 per hour and Staff is proposing to start with 12 hours per week or $4,704 per month. As indicated above, our current operational model is on an “as needed” bases. Each day we evaluate our inspection needs based on inspection requests. It is anticipated that some of these costs will be offset by building permit and plan check fees and Our operations model allows staff to be as efficient and flexible as possible using the County and CSG services only as needed but at same time, provide quality service.
III. RECOMMENDATION
Staff Recommends approving a Resolution Authorizing the City Manager to enter into and Continue a Professional Services Agreement with CSG Consultants for Building Plan Check, Inspection services and in office technical support on an “As Needed” bases, Fund 120 Development Services 120 IV. ATTACHMENTS
Attachment A: Draft City Council Resolution
Attachment B: CSG Building Plan Check & Inspection Service Contract
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2023-XX
CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH CSG CONSULTANTS FOR BUILDING PLAN
CHECK, INSPECTION SERVICES AND IN HOUSE TECHNICAL
SUPPORT ON AN “AS NEEDED” BASES, FUND 120 DEVELOPMENT
SERVICES.
THE CITY OF OAKDALE CITY COUNCIL DOES HEREBY RESOLVE THAT:
WHEREAS, the City of Oakdale has relied on contract services for professional Building Plan Check and Inspection services for a number of years; and, WHEREAS, on July 1, 2010, the City of Oakdale entered into an agreement with Stanislaus County for Building Plan Check and Building Inspection services for the City of Oakdale.; and,
WHEREAS, in August 2022, The City of Oakdale’s Building Official resigned and moved on to other career opportunities leaving an operational challenge within the Public Services office by not having building technical support service at our front counter ; and,
WHEREAS Staff reached out to Stanislaus County asking if they have could accommodate a person to provide technical support in our office for a part time bases.
The County indicated they were having some of the same challenges in their office and were not able to accommodate; and,
WHEREAS Staff reached out to CSG Consultants with the same request and they were able to accommodate and provide a part time person to cover our front counter during business hours; and,
WHEREAS, the agreement term is effective upon execution and will remain in effect until either party terminates the agreement with a 30 day notice; and, WHEREAS, hourly rates are $98 per hour for inspection services and 70% of the building permit cost for plan check service and office building service support is $98 per hour proposing to start with 12 hours per week or $4,704 per month; and, NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL hereby Authorizes the City Manager enter into a Professional Services Agreement with CSG Consultants for Building Plan Check, Inspection Services and In House Technical Support on an “As Needed” bases, Fund 120 Development Services.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 6th DAY OF FEBRUARY, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
SIGNED:
ATTEST:
Cherilyn Bairos, Mayor
Rouze Roberts,
City Clerk
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: February 6, 2023
To: Mayor and City Council
From: Albert Avila, Finance Director
Subject: 1. Adopt a Resolution of Intention to Annex Additional Territory to City of Oakdale Community Facilities District No. 2007-1 (Annexation No. 19).
2. Set Public Hearing for March 6, 2023.
3. Direct the Recording of the Annexation No. 19 Map within fifteen (15) days of the date of adoption of this Resolution.
I. BACKGROUND:
In 2007, the City established the City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services) (CFD No. 2007-1), for the purpose of establishing a special tax, paid by new residential property owners, to help off-set the additional costs of providing Public Safety Services to new residents.
II. DISCUSSION:
The proposed CFD No. 2007-1 Annexations will provide funding for public safety services including, fire services, law enforcement, code enforcement and animal control. Funding will also include the costs of personnel, equipment replacement, maintenance, and professional contract services and services related thereto, including collection and accumulation of funds to pay for anticipated operating cost shortfalls and reserves for repair and replacement of facilities, improvements, vehicles and equipment. The property owners have voted to approve the annexation.
III. FISCAL IMPACT:
The maximum annual special tax rates for Fiscal Year 2022/23 are as follows; Single Family Residential – $611.92 per unit
Multi-Family Residential – $407.97 per unit
AGENDA ITEM 11.2
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: City of Oakdale Community Facilities District No. 2007-1 (Annexation No. 18) IV. RECOMMENDATION:
That the City Council adopt the Resolutions to Annex Territory to the City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services), Annexation No, 19, set Public Hearing for March 6, 2023 and Direct the City Clerk to record the Annexation No. 19 Map within fifteen (15) days of the date of adoption of this Resolution.
V. ATTACHMENTS:
Attachment A: Draft Resolution No. 2021-xx, Intention to Annex Additional Territory to City of Oakdale Community Facilities District No. 2007-1 (Annexation No. 19).
Attachment B: City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services) Rate and Method of Apportionment.
Attachment C: City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services) Annexation No. 19 Boundary Map.
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKDALE
DECLARING INTENT TO ANNEX TERRITORY TO THE CITY OF OAKDALE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES)
AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
(ANNEXATION NO. 19 – John Simvoulakis (E F St Apartments))
THE CITY COUNCIL DOES HEREBY RESOLVE THAT:
WHEREAS, the City Council (the “Council”) has conducted proceedings for and has established the City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), constituting Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code; and WHEREAS, Under the Act, the Council, as the legislative body for the District, is empowered with the authority to annex territory to the District and to authorize the levy of special taxes therein, now desires to undertake proceedings to annex territory to the District and to authorize the levy of special taxes therein.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL AS FOLLOWS:
Section 1. Findings. The Council finds that:
(a) The foregoing recitals are true and correct; and
(b) Annexation and Levy of Special Taxes: The Council hereby finds and determines that public convenience and necessity require that territory be added to the District and the levy of special taxes authorized therein; and
(c) Name of Existing District: The name of the existing District is “City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services)”; and (d) Territory: The territory included in the existing District is as shown (i) on the map thereof filed in Book 4 of Maps of Assessment and Community Facilities Districts at Page 80, in the office of the County Recorder of the County of Stanislaus (the “County Recorder); (ii) on the map depicting the area added to the District pursuant to Annexation No. 1 to the District, which map was filed in Book 4 of Maps of Assessment and Community Facilities Districts at
District pursuant to Annexation No. 2 to the District, which map was filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 12, in the office of the County Recorder; (iv) on the map depicting the area added to the District pursuant to Annexation No. 3 to the District, which map was filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 19, in the office of the County Recorder;
CITY OF OAKDALE
City Council Resolution 2022-
(v) on the map depicting the area added to the District pursuant to Annexation No. 4 to the District, which map was filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 20, in the office of the County Recorder; (vi) on the map depicting the area added to the District pursuant to Annexation No. 5 to the District, which map was filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 22, in the office of the County Recorder; (vii), on the map depicting the area added to the District pursuant to Annexation Map No. 6 of the District which map filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 25, in the office of the County Recorder; (viii), on the map depicting the area added to the District pursuant to Annexation Map No. 7 of the District which map filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 46, in the office of the County Recorder; (ix), on the map depicting the area added to the District pursuant to Annexation Map No. 8 of the District which map filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 56, in the office of the County Recorder; (x), on the map depicting the area added to the District pursuant to Annexation Map No. 9 of the District which map filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 55, in the office of the County Recorder and (xi), on the map depicting the area added to the District pursuant to Annexation Map No. 10 of the District which map filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 73, in the office of the County Recorder, and (xii), on the map depicting the area added to the District pursuant to Annexation Map No. 11 of the District which map filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 91, in the office of the County Recorder, (xiii) on the map depicting the area added to the district pursuant to Annexation Map No. 12 of the District which map filed in Book 5 of the Maps of Assessment and Community Facilities Districts at Page 95, in the office of the County Recorder, (xiv) on the map depicting the area added to the district pursuant to Annexation Map No. 13 of the District which map filed in Book 6 of the Maps of Assessment and Community Facilities Districts at
No. 14 of the District which map filed in Book 6 of the Maps of Assessment and Community Facilities Districts at Page 18, (xvi) on the map depicting the area added to the district pursuant to Annexation Map No. 15 of the District which map filed in Book 6 of the Maps of Assessment and Community Facilities Districts at Page 48, (xvi) on the map depicting the area added to the district pursuant to Annexation Map No. 16 of the District which map filed in Book 6 of the Maps of Assessment and Community Facilities Districts at Page 49, (xvi) on the map depicting the area added to the district pursuant to Annexation Map No. 17 of the District which map filed in Book 6 of the Maps of Assessment and Community Facilities Districts at
the district pursuant to Annexation Map No. 18 of the District which map filed in Book 6 of the Maps of Assessment and Community Facilities Districts at Page 73 in the office of the County Recorder, to which map references are hereby made.
The territory now proposed to be annexed to the District is shown on the Annexation Map No. 19 of the District on file with the City Clerk, the boundaries of which territory are hereby preliminary approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to cause to be recorded said Annexation Map No. 19 of the District in the office of the City Clerk, at minimum, fifteen (15) days prior to the Public Hearing of said Annexation; and
CITY OF OAKDALE
City Council Resolution 2022-
(e) Special Tax: Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt property in the District (including the property being annexed thereto), will be levied annually within the District and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as the Council shall determine, including direct billing of the effected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the District to estimate the maximum amount such owner will have to pay, are described in Exhibit A to the Resolution of Intention; and
(f) Public Hearing: Monday, March 6, 2023 at 7:00 o’clock p.m., in the regular meeting place of the Council, City Council Chambers, 277 North Second Avenue, Oakdale, California, and the same are hereby appointed and fixed as the time and place when and where the Council, as legislative body for the District, will conduct a public hearing on the annexation of territory to the District where all interested persons for or against the annexation of territory or the levying of special taxes within the territory proposed to be annexed will be heard and will consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the District and the levy of said special tax therein; and (g) Notice of Hearing: The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said hearing. The notice shall be substantially in the form attached hereto as Exhibit B to the Resolution of Intention.
Section 2. Intention. The Council declares that it intends to annex territory to the CFD and levy said special tax therein.
Section 3. Public Hearing. The Council sets the Public Hearing for the 6th day of March 2023.
THE FOREGOING RESOLUTION IS HEREBY PASSED, APPROVED, AND ADOPTED THIS 6th DAY OF FEBRUARY, 2023.
Cherilyn Bairos, Mayor
City of Oakdale
Rouze Roberts, City Clerk
City of Oakdale
CITY OF OAKDALE
City Council Resolution 2022-
I, Rouze Roberts, City Clerk of the City of Oakdale, County of Stanislaus, State of California, do hereby certify that the foregoing Resolution No. 2022-xxx was adopted by the City Council of the City of Oakdale at a regular meeting held on the 6th day of March, 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Rouze Roberts, City Clerk
City of Oakdale
CITY OF OAKDALE
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
RATE AND METHOD OF APPORTIONMENT
A Special Tax applicable to each Assessor Parcel in the City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services) shall be levied and collected according to the tax liability determined by the City of Oakdale or its designee, through the application of this rate and method of apportionment of Special Tax. All of the property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD unless otherwise provided for the annexed property.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor Parcel as shown on an Assessor Parcel map, or of the land area is not shown on an Assessor Parcel map, the land area shown on the applicable Final Map or other parcel map recorded with the County.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Division 2 of the Title 5 of the California Government Code. “Administrative Expenses” means any or all of the following, the expenses of the City in carrying out its duties for the CFD, including, but not limited to, the levy and collection of the Special Tax, the fees and expenses of its counsel, and other costs and expenses of the City in any way related to the establishment or administration of the CFD.
“Administrator” shall mean the person or firm designated by the City to administer the Special Tax according to the Rate and Method.
“Assessor Parcel” means a lot or parcel with an assigned County Assessor’s Parcel number show on a County Assessor’s Parcel Map.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel number.
“Average Increase” means the annual average increase in the Indices that shall be applied to escalate the Maximum Special Tax each Fiscal Year. The Average Increase shall be calculated in January of each year by (1) referencing the Bureau of Labor Statistics Data to identify the annual percentage increase in each Index as of the end of the prior year, and (2) taking the average of these two percentages. If either Index decreases from one year to the next, percentage change from the prior year shall be assumed to be zero for purposes of calculating the Average Increase. “CFD” means the City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services). “CFD Formation” means May 7, 2007, the date the owners of Assessor Parcels in the CFD elected to form the CFD.
“City” means the City of Oakdale.
“City Council” means the council of the City of Oakdale, acting as the legislative body of the CFD. “County” means the County of Stanislaus.
“Developed Property” means all Taxable Property in the CFD for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year. “Fiscal Year” means the period starting July 1 and ending on the following June 30. ”Index or Indices” means the Consumer Price Index for the San Francisco All Urban Wage Earners Category and the National Consumer Price Index.
“Maximum Special Tax” means the greatest amount of Special Tax that can be levied in any Fiscal Year determined under this Rate and Method.
“Multi-Family Residential Property” means any Developed Property for which a building permit was issued for construction of a Unit that is not a Single Family Residential Property. “Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor Parcels of Developed Property.
“Public Property” means any CFD Assessor Parcels owned by or irrevocably offered for dedication to the United States of America, the State of California, the County, the City, or other local government or public agencies.
“Rate and Method” means this rate and method of apportionment of Special Tax. “Services” means the public safety services authorized to be financed, in whole or in part, by the Special Taxes in the CFD.
“Single Family Residential Property” means any Developed Property for which a building permit was issued for construction of a Unit without a common wall with another Unit and built on an Assessor Parcel of 3,000 square feet or more in area.
“Special Tax” means any tax levied in the CFD pursuant to the Rate and Method. “Special Tax Requirement” means the amount necessary in any Fiscal Year to: (i) pay the cost of the Services, (ii) create a sinking fund for services that could not otherwise be funded in a given Fiscal Year, (iii) cure any delinquencies in the payment of Special Taxes, which have occurred in the prior Fiscal Year or, based on existing delinquencies in the payment of Special Taxes, are expected to occur in the Fiscal Year in which the tax will be collected; and (iv) pay Administrative Expenses. “Taxable Property” means any Assessor Parcel within the CFD which is not exempt from the Special Tax by applicable law or Section F below.
“Unit” means a structure constructed primarily for human habitation, which may be an individual detached residential unit, an individual attached residential unit within a duplex, triplex, fourplex, townhome, or condominium structure, or an individual apartment unit.
SECTION B
DATA FOR ANNUAL ADMINISTRATION
On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor Parcel numbers of all Taxable Property. The Administrator shall also determine: (i) whether each Assessor Parcel is Developed Property; (ii) for Developed Property, which Assessor Parcels are Single Family Residential Property and Multi-Family Residential Property and (iii) the Special Tax Requirement.
SECTION C
MAXIMUM SPECIAL TAX
1. Special Tax Rates
Table 1 below identifies the Maximum Special Taxes for Taxable Property within the CFD.
TABLE 1
MAXIMUM SPECIAL TAXES
FISCAL YEAR 2007/08
Type of Property Maximum Special Tax
Fiscal Year 2007-08
Single Family Residential $414 per Unit
Multi-Family Residential $276 per Unit
2. Special Tax Increases
In January 2008, and each January thereafter, all figures shown in Table 1 above shall be adjusted by applying the Average Increase, if any, in the Indices. Each annual adjustment of the Maximum Special Tax shall become effective on the subsequent July 1.
SECTION D
METHOD OF LEVY
Each Fiscal Year, the Special Tax shall be levied on all Parcels of Developed Property according to the steps outlined below.
Step 1: Determine the Special Tax Requirement, as defined in Section A above, for the Fiscal Year in which the Special Tax will be collected;
Step 2: Calculate the total Special Tax revenues that could be collected from Developed Property within the CFD based on application of the Maximum Special Tax rates determined pursuant to Section C above;
Step 3: If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax on all Parcels of Developed Property in the CFD.
Step 4: If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax Proportionately on each Assessor Parcel of Developed Property so the amount of the Special Tax levy equals the Special Tax Requirement for that Fiscal Year.
SECTION E
COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the CFD may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may collect delinquent Special Taxes through foreclosure or other means.
A Special Tax shall continue to be levied and collected within the CFD to fund the annual Special Tax Requirement in perpetuity.
SECTION F
EXEMPTIONS
Notwithstanding any other provision of this Rate and Method, no Special Tax shall be levied on Public Property, except as otherwise provided in the Act.
SECTION G
FORMULA FOR THE PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.
SECTION H
INTERPRETATION
The Administrator may interpret this Rate and Method as necessary to clarify any inconsistency, vagueness, or ambiguity.
SECTION I
APPEALS
Appeals of any claim of incorrect computation of Special Tax or application of this Rate and Method may be made by the owner of an Assessor Parcel or such owner’s duly-authorized representative by filing a written notice of appeal with the Administrator not later than on calendar year after having paid the disputed Special Tax. The Administrator shall promptly review the appeal and if necessary, meet with the property owner (or representative), consider written and oral evidence regarding the amount of the Special Tax, and decide the appeal. If the property owner disagrees with the Administrator’s decision, the owner may then file a written appeal with the Council, whose decision shall be final. If the decision of the Administrator or the Council requires the Special Tax to be modified or changed in favor of the property owner, no cash refund shall be made for prior years’ Special Tax levies, but an adjustment shall be made to the next Special Tax levy(ies) as appropriate. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner