SAN JOAQUIN CITY COUNCIL REGULAR MEETING
SAN JOAQUIN COUNCIL CHAMBERS
21991 COLORADO AVE (A)
SAN JOAQUIN, CA
MONDAY, JANUARY 13, 2025
6:00 P.M.
MEMBERS OF THE COUNCIL WILL BE IN ATTENDANCE AT THE MEETING.
MEMBERS OF THE PUBLIC MAY ATTEND AND PARTICIPATE IN THIS MEETING
IN PERSON OR BY ZOOM OR SUBMIT WRITTEN COMMENTS AT CITY HALL OR BY EMAIL PRIOR TO THE MEETING AT [email protected].
ZOOM INFORMATION:
https://us02web.zoom.us/j/82266423237?pwd=KJgNy1FoTAt7Ayhcjh369F7exEdNp7.1 MEETING ID: 822 6642 3237
PASSCODE: 832568
TELEPHONE NUMBER: 1-669-900-9128
The City Council welcomes you. All attendees are advised that pagers, cell phones, and any other communication devices should be powered off upon entering the Council meeting.
The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called.
For each agenda item considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals. Public comments from those in attendance will then be taken. All public comments will be limited to three minutes per person.
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL
Adam Flores-Cornejo Mayor
Martha Mejia Mayor Pro Tem
Cristina Covarrubia Councilmember
Abel Lua Councilmember
Rosa M. Ramirez Councilmember
______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org
2. APPROVAL OF AGENDA –
3. PRESENTATION –
4. PROCLAMATION –
A. Proclamation honoring Julia Hernandez for her service as Mayor and Councilmember.
CONVENE AS THE SAN JOAQUIN SUCCESSOR AGENCY
5. SAN JOAQUIN SUCCESSOR AGENCY –
A. SUBJECT: Consideration of the adoption of the Recognized Obligation Payment Schedule (ROPS) for FY 25-26.
RECOMMENDATION: Successor Agency adopt Resolution No. 2025-01, approving the Recognized Obligation Payment Schedule for the July 1, 2025 through June 30, 2026 Fiscal Year, and authorizing its transmittal to the County Oversight Board. (Enclosure P. 1, Action Item)
ADJOURN THE SAN JOAQUIN SUCCESSOR AGENCY AND RECONVENE AS THE
SAN JOAQUIN CITY COUNCIL
6. CONSENT CALENDAR –
All items listed under Consent Calendar are considered to be routine and will be enacted by one motion. For discussion of any Consent Item, it will be considered separately at the request of any member of the City Council or any person in the audience - A. SUBJECT: Minutes of the Regular City Council Meeting of December 10, 2024 and Special City Council Meeting of December 18, 2024.
RECOMMENDATION: Council approve the Minutes of the Regular City Council Meeting of December 10, 2024 and Special City Council Meeting of December 18, 2024. (Enclosure P.10, Action Item)
B. SUBJECT: Warrants #’s 055854-055909.
RECOMMENDATION: Council approve Warrant #’s 055854-055909 as presented. (Enclosure P.16, Action Item)
7. SHERIFF REPORT – Informational Only (Enclosure P.23)
8. CITY MANAGER REPORT – Informational Only
9. CITY ATTORNEY REPORT – Informational Only
10. COUNCILMEMBER COMMUNICATIONS/ANNOUNCEMENTS/AGENDA
ITEMS –
This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to initiate new matters and to request updates, (iii) and to initiate new agenda items.
Under this section the Council may take action only on items specifically agendized and which meet other requirements for actions.
A. SUBJECT: City Council Reaffirmance of Resolution No. 2017-11, Resolution of the City Council of the City of San Joaquin designating the City of San Joaquin a welcoming city for immigrants and refugees, and declaring the city a place of trust and dignity for local immigrants. (Enclosure P. 24)
11. PUBLIC FORUM –
This part of the meeting is for members of the public to address the City Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the City Council of the City of San Joaquin. If you wish to comment on an item which is not on the agenda, you may do so at this time and each speaker is limited to three (3) minutes.
Speakers are asked, but not required, to state their name and address and to use the microphone. The Council is prohibited by law from taking action on items not on the agenda. Discussion shall be limited to referring the item to staff and possible scheduling on a future council agenda.
12. PUBLIC HEARINGS –
13. SAN JOAQUIN PLANNING COMMISSION –
14. OLD BUSINESS –
15. NEW BUSINESS –
A. SUBJECT: Selection of Planning Services Consultant.
RECOMMENDATION: Adopt Resolution No. 2025-01, approving the agreement with Rincon Consultants, Inc. for Planning Services and authorize the City Manager to execute the agreement. (Enclosure P.27, Action Item)
B. SUBJECT: Council to Consider approving resolution 2025-02 to Award Contract to Adams Ashby Group for CDBG and other grant-funding related services and authorizing City Manager to execute agreement.
RECOMMENDATION: Adopt Resolution No. 2025-02, to award Contract to Adams Ashby Group for CDBG and other grant-funding related services. (Enclosure P.42, Action Item)
C. SUBJECT: Seventh Amendment to Employment Agreement with City Manager.
RECOMMENDATION: Consider adopting Resolution No. 2025-03, approving a Seventh Amendment to Employment Agreement with City Manager. (Enclosure P.64, Action Item)
16. CLOSED SESSION –
17. ADJOURN MEETING –
NOTICE OF ADA COMPLIANCE: If you or anyone in your party needs assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g. hearing aids or signing services to make a presentation to the City Council, the City is happy to assist you. Please contact City Office at (559) 693-4311 so such aids or services can be arranged. Request may also be made by email to the City Clerk at [email protected] or mailed to San Joaquin City Hall, P.O. Box 758, San Joaquin, CA 93660. Accommodations should be requested as early as possible as additional time may be required in order to provide the request accommodation is suggested.
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council regarding within 72 hours of the meeting regarding any items on this agenda will be made available for public inspection at the City Clerk’s Office located at City Hall, 21900 Colorado Avenue during normal business hours and on the City’s website at www.cityofsanjoaquin.org
LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official.
Participants and agents are requested to make this disclosure as well.
The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.
CONFLICT OF INTEREST. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure when the item is called and recuse themselves.
CERTIFICATION OF POSTING
I, Matt Flood, City Clerk of the City of San Joaquin, do hereby declare that the foregoing agenda for the regular San Joaquin City Council Meeting of Monday, January 13, 2025 was posted at the following locations: City Hall, 21900 Colorado Avenue, San Joaquin Senior Center, 21991 Colorado Ave (B) and US Post Office 8667 Ninth Street on Friday, January 10, 2025 by 5:00 P.M. *NEXT REGULAR COUNCIL MEETING SCHEDULED TUESDAY, FEBRUARY 4, 2025* January 13, 2025
Successor Agency Successor Agency Meeting
to the Redevelopment Agency of January 13, 2025
of the City of San Joaquin
RECOGNIZED OBLIGATION PAYMENT SCHEDULE
RECOMMENDATION:
It is recommended that the Successor Agency to the Redevelopment Agency of the City of San Joaquin take the following action:
• Adopt Resolution No. SA 2025-01 adopting the Recognized Obligation Payment Schedule 25-26.
BACKGROUND:
The San Joaquin Redevelopment Agency (“Redevelopment Agency”) dissolved in 2012 following the statewide dissolution of California redevelopment agencies. Successor agencies are responsible for winding down former redevelopment agency obligations that began prior to dissolution. Funding for required obligations is requested on an annual basis through a Recognized Obligation Payment Schedule (“ROPS”). The ROPS is subject to approval by the Successor Agency Board, a Countywide Oversight Board, and the California Department of Finance (“DOF”) pursuant to Health & Safety Code (“HSC”) Section 34177.
The ROPS requesting funding for July 1, 2025, through June 30, 2026 (“ROPS 25-26”) is due by February 1, 2024. The adopted ROPS 25-26 must be sent to DOF by February 1, 2025; if it is not transmitted on time, the Successor Agency may be subject to a penalty of $10,000 per day.
Staff has prepared a resolution adopting the ROPS 25-26 for the Successor Agency Board’s consideration, which is attached to this staff report. If it is approved by the Successor Agency Board, staff will transmit it to a Countywide Oversight Board and DOF for review. With their approval, the County Auditor-Controller will be authorized to disperse property tax revenue to pay ROPS obligations due in the upcoming fiscal year.
ANALYSIS:
ROPS Detail
The ROPS has only one enforceable obligation: a Loan Agreement between the City and the Redevelopment Agency dated February 11, 2010 (“City Loan”). The City loaned the former Redevelopment Agency $2,788,814 to make debt service payments and keep the 1 Redevelopment Agency functioning during the economic downturn following the Great Recession. The Successor Agency has been eligible to repay the City loan since it received a Finding of Completion from DOF on March 8, 2013.
The City Loan was amended twice in 2014 to modify the repayment terms on the remaining principal amount of the loan that is allowed to be repaid pursuant to HSC Section 34191.4 ($1,028,723). The City Loan has been repaid through the ROPS since fiscal year (“FY”) 2014-15.
HSC Section 34191.4 sets a maximum annual loan repayment amount. The maximum amount for FY 2025-26 is half of the difference between the amount of Residual Redevelopment Property Tax Trust Funds (“RPTTF”) distributed in FY 2024-25, less the amount distributed in FY 2012-13. The estimated maximum City Loan repayment for FY 2025-26 is approximately $99,323.
Administrative Budget
The administrative cost allowance for each fiscal year cannot exceed 50 percent of the total RPTTF funding distributed to pay enforceable obligations in the preceding fiscal year, less the administrative cost allowance and any loan repayments to the City or County. San Joaquin’s only enforceable obligation is a City Loan repayment, therefore DOF has determined that San Joaquin is ineligible for an administrative cost allowance.
HSC Section 34177(j) requires the Successor Agency to prepare an Administrative Budget and submit it to the Countywide Oversight Board for approval. However, since the Successor Agency is not eligible for an administrative cost allowance pursuant to the formula prescribed by law, no Administrative Budget has been prepared. The Successor Agency will incur administrative costs to prepare the ROPS and administer payments and the City is forced to cover these costs.
Countywide Oversight Board
The Countywide Oversight Board will consider the ROPS 25-26 at its January 23, 2025, meeting. The ROPS must be approved by the Oversight Board before it is submitted to DOF.
FISCAL IMPACT:
Adoption and transmittal of the ROPS are necessary to receive RPTTF to fund the Successor Agency’s financial obligations from July 1, 2025, through June 30, 2026.
CONCLUSION:
This item is submitted for Successor Agency consideration and action. The Countywide Oversight Board will consider the ROPS 25-26 at their January 23, 2025, meeting.
Respectfully submitted,
2 Elizabeth Cabrera
City Manager
City of San Joaquin
ATTACHMENTS:
1. Resolution No. SA 2025-01
2. San Joaquin ROPS 25-26
3 RESOLUTION NO. SA 2025-01
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE SAN
JOAQUIN REDEVELOPMENT AGENCY APPROVING THE
RECOGNIZED OBLIGATION PAYMENT SCHEDULE 25-26 FOR THE
JULY 2025 THROUGH JUNE 2026 PERIOD
WHEREAS, the City of San Joaquin has elected to serve as the Successor Agency to the former San Joaquin Redevelopment Agency (“Successor Agency”) in accordance with the Dissolution Act (enacted by Assembly Bill (“AB”) x1 26, as amended by AB 1484 and Senate Bill (“SB”) 107, and codified in the California Health and Safety Code); and WHEREAS, among the duties of successor agencies under the Dissolution Act is the preparation of a Recognized Obligation Payment Schedule (“ROPS”) for the ensuing twelve-month period for consideration by a countywide oversight board and the California Department of Finance (“DOF”) for purposes of administering the wind-down of financial obligations of the former Redevelopment Agency; and
WHEREAS, the proposed ROPS 25-26 for the twelve-month period from July 1, 2025 through June 30, 2026, attached hereto as Exhibit “A”, has been prepared and is consistent with the provisions of the Dissolution Act and in the format made available by DOF; and WHEREAS, Health and Safety Code Section 34177(j) requires the Successor Agency to prepare a proposed administrative budget and submit it to the Oversight Board for its approval; and WHEREAS, the ROPS 25-26 does not include a proposed administrative cost allowance and therefore an administrative budget for Fiscal Year 2025-26 was not prepared; and WHEREAS, the Dissolution Act requires that the proposed ROPS be approved by to the countywide Oversight Board, transmitted for review to the county auditor-controller, county executive officer, and DOF; and
WHEREAS, the Successor Agency desires to approve the ROPS 25-26 and transmit it to various parties as required by the Dissolution Act.
NOW, THEREFORE, the Successor Agency to the San Joaquin Redevelopment Agency does hereby resolve as follows:
Section 1. Recitals.
The Recitals set forth above are true and correct and incorporated herein by reference.
Section 2. Approval of ROPS.
4 The Successor Agency hereby approves and adopts the ROPS 25-26 covering the period of July 1, 2025, through June 30, 2026, in substantially the form attached hereto as Exhibit A, as required by the Dissolution Act.
Section 3. Posting; Transmittal of ROPS to Appropriate Agencies.
The City Manager is hereby authorized and directed to post a copy of the ROPS on the City’s website and transmit a copy of the ROPS to the offices of the Fresno County Auditor-Controller and the Fresno County Executive Officer upon the Oversight Board’s approval.
The foregoing resolution is hereby adopted this January 13, 2025.
AYES:
NOES:
ABSENT:
ABSTAINED:
APPROVED:
_____________________________
Adam Flores-Cornejo, Mayor
ATTEST:
______________________________
Matt Flood, City Clerk
5 Recognized Obligation Payment Schedule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period Successor Agency: San Joaquin
County: Fresno
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
25-26A Total
(July -
December)
25-26B Total
(January -
June)
ROPS 25-26
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 99,323 $ - $ 99,323 F RPTTF 99,323 - 99,323
G Administrative RPTTF - - -
H Current Period Enforceable Obligations (A+E) $ 99,323 $ - $ 99,323 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
6 San Joaquin
Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstanding
Obligation
Retired
ROPS
25-26
Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$1,011,948 $99,323 $- $- $- $99,323 $- $99,323 $- $- $- $- $- $- 2 Loan
Agreement
between City
of San
Joaquin and
San Joaquin
RDA
City/
County
Loan
(Prior 06/
28/11),
Cash
exchange
02/11/
2010
06/30/2068 City of
San
Joaquin
Repay City of
San Joaquin
for Loan to
Redevelopment
Agency
San Joaquin
Redevelopment
Project Area
1,011,948 N $99,323 - - - 99,323 - $99,323 - - - - - $- 7 San Joaquin
Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution
amount.
2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total
distribution from the County Auditor-Controller
49,657
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
49,657
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $- $-
8 San Joaquin
Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026
Item # Notes/Comments
2 9
SAN JOAQUIN CITY COUNCIL REGULAR MEETING
MINUTES
TUESDAY, DECEMBER 10, 2024
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL
Mayor Julia Hernandez Present
Mayor Pro Tem Adam Flores-Cornejo Present
Councilmember Cristina Covarrubia Present
Councilmember Abel Lua Present
Councilmember Martha Mejia Present
Councilmember Rosa Maria Ramirez Present (Upon Swearing-in on Item 2.1, at 6:10pm)
The Meeting was called to order and the pledge of allegiance led by Mayor Hernandez at 6:00pm.
2. SUBJECT: Declaring the Results of the City of San Joaquin Municipal Election Held November 5, 2024.
RECOMMENDATION: Adopt Resolution No. 2024-41, Declaring Results of the Municipal Election Held November 5, 2024.
A motion was made by Mayor Hernandez to approve the item, seconded by Councilmember Lua. Motion passed 5-0.
At 6:03pm, Mayor Hernandez stepped off of the dais and Council, Staff, and the Public shared words of thanks for her 20 years of continuous service on the Council.
Elected Councilmembers were sworn in and at 6:12pm a recess was called for a brief reception. The Meeting was called back to order at 6:20pm.
3. SUBJECT: City Council Annual Reorganization and Oaths of Office (Enclosure P.1-3 Action Item) RECOMMENDATION: That the City Council:
2.1 Conduct the Swearing in Ceremony and Oaths of office for Councilmembers Maria Cristina Covarrubia, Abel Lua, and Rosa Maria Ramirez; ______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org 10 2.2 Approve a minute order making the appointment of Mayor to serve a one-year term;
2.3 Approve a minute order making the appointment of Mayor Pro-Tem to serve oneyear period; and
2.4 Make Appointments of Representatives to Various Committees A. Fresno COG, FCRTA and Fresno County RTMF Agency Board B. Measure G-GPUSD Board
C. San Joaquin Valley Air District Board
D. Measure Q Board
E. Upper Kings Basin IRWMA
A motion was made by Councilmember Mejia to appoint Councilmember Flores-Cornejo as Mayor, seconded by Councilmember Lua. Motion passed 5-0.
A motion was made by Mayor Flores-Cornejo to appoint Councilmember Mejia as Mayor Pro Tem, seconded by Councilmember Lua. Motion passed 5-0.
A motion was made by Councilmember Lua to appoint Mayor Pro Tem Mejia as Fresno COG Alternate (and RTMF Alternate), seconded by Mayor Flores-Cornejo. Motion passed 5-0.
A motion was made by Mayor Pro Tem Mejia to appoint Mayor Flores-Cornejo as the FCRTA Representative and Mayor Pro Tem Mejia as FCRTA Alternate, seconded by Councilmember Lua. Motion passed 5-0.
A motion was made by Mayor Flores-Cornejo to appoint Councilmember Covarrubia as SJV Air District Board Representative with Mayor Flores-Cornejo as Alternate, seconded by Councilmember Lua. Motion passed 5-0.
A motion was made by Councilmember Lua to appoint Mayor Pro Tem Mejia as Upper Kings Basin IRWMA with the City Manager as Alternate, seconded by Mayor FloresCornejo. Motion passed 5-0.
4. APPROVAL OF AGENDA
A motion was made by Councilmember Lua to approve the agenda, seconded by Mayor Pro Tem Mejia. Motion passed 5-0.
5. PRESENTATION
6. PROCLAMATION
7. CONSENT CALENDAR
A. SUBJECT: Minutes of the Regular City Council Meeting of November 5, 2024. 11 RECOMMENDATION: Council approve the Minutes of the Regular City Council Meeting of November 5, 2024.
B. SUBJECT: Warrants #’s 055736-055853.
RECOMMENDATION: Council approve Warrant #’s 055736-055853 as presented. (Enclosure P.15, Action Item)
C. SUBJECT: UC Davis Request to extend their Research Use Agreement No. 22- 00013RUA Through March 2026.
RECOMMENDATION: Council adopt Resolution No. 2024-42, approving an Amendment to the Research and Use Agreement between University of California, Davis and the City of San Joaquin.
D. SUBJECT: Adopt and Recertify the Updated Sewer System Management Plan (SSMP).
RECOMMENDATION: Council adopt Resolution No. 2024-43, adopting and recertifying the updated Sewer System Management Plan (SSMP).
A motion was made by Councilmember Lua to adopt the Consent Calendar, seconded by Mayor Pro Tem Mejia. Motion passed 5-0.
8. SHERIFF REPORT
Deputy Swain provided his report.
9. CITY MANAGER REPORT
City Manager Cabrera provided her report.
10. CITY ATTORNEY REPORT
11. COUNCILMEMBER COMMUNICATIONS/ANNOUNCEMENTS/AGENDA ITEMS Members of the Council shared their reports.
12. PUBLIC FORUM
13. PUBLIC HEARINGS
14. SAN JOAQUIN PLANNING COMMISSION –
15. OLD BUSINESS
12 16. NEW BUSINESS
A. SUBJECT: Council approval on Authorizing Banks to Honor Checks and Warrants when Bearing Certain Signatures of City Officials and Rescinding All Conflicting Resolutions.
RECOMMENDATION: Adopt Resolution No. 2024-44, authorizing Banks to Honor Checks and Warrants when Bearing Certain Signatures of City Officials and Rescinding All Conflicting Resolutions.
A motion was made by Mayor Flores-Cornejo to remove former Councilmember Hernandez from the authorized signers and to keep the rest as currently constituted, seconded by Councilmember Covarrubia. Motion passed 5-0.
17. CLOSED SESSION
18. ADJOURN MEETING
At 6:51pm with no other business remaining before the City Council, a motion was made by Mayor Flores-Cornejo to adjourn, seconded by Mayor Pro Tem Mejia. Motion passed 5-0.
13 ______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org
CITY OF SAN JOAQUIN CITY COUNCIL SPECIAL MEETING
MINUTES
WEDNESDAY, DECEMBER 18, 2024
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE – ROLL CALL
Mayor Adam Flores-Cornejo Present
Mayor Pro Tem Martha Mejia Present
Councilmember Cristina Covarrubia Absent
Councilmember Abel Lua Present
Councilmember Rosa Maria Ramirez Present
The Meeting was called to order and the pledge of allegiance led by Mayor Flores-Cornejo at 11:30am.
2. APPROVAL OF AGENDA
A motion was made by Councilmember Lua to approve the agenda, seconded by Mayor Pro Tem Mejia. Motion passed 4-0 (Absent: Covarrubia).
3. PUBLIC COMMENTS ON THIS AGENDA.
4. NEW BUSINESS
A. SUBJECT: Council consider a subrecipient agreement with the Salvation Army for a hot meal and food distribution program funded by CDBG.
RECOMMENDATION: Council approve the subrecipient agreement with the Salvation Army for a hot meal and food distribution program funded by CDBG and authorize the City Manager to execute all related documents for it on behalf of the City.
A motion was made by Mayor Flores-Cornejo to approve the item, seconded by Mayor Pro Tem Mejia. Motion passed 4-0 (Absent: Covarrubia).
B. SUBJECT: Council consider a subrecipient agreement with the Salvation Army for a Community Program funded by ARPA funds.
RECOMMENDATION: Council approve the subrecipient agreement with the Salvation Army for a Community Program funded by ARPA and authorize the City Manager to execute all related documents for it on behalf of the City.
A motion was made by Mayor Pro Tem Mejia to approve the item, seconded by Councilmember Lua. Motion passed 4-0 (Absent: Covarrubia).
14 C. SUBJECT: Authorizing the use of American Rescue Plan Act Funds for Fiscal Year 2025-2026 and 2026-2027 for qualifying activities.
RECOMMENDATION: Council approve Resolution No. 2024-45, Authorizing the use of American Rescue Plan Act Funds for Fiscal Year 2025-2026 and 2026-2027 for qualifying activities.
A motion was made by Councilmember Lua to approve the item, seconded by Mayor Pro Tem Mejia. Motion passed 4-0 (Absent: Covarrubia).
5. ADJOURN MEETING
At 11:39am with no other business remaining before the City Council, a motion was made by Mayor Flores-Cornejo to adjourn, seconded by Councilmember Lua. Motion passed 4-0 (Absent: Covarrubia).
15 16
EPORT,: Dec 20 24 Friday
UN .... Dec 20 24 Time: 11:03
un By.: Cindy Torres
CITY OF SAN JOAQUIN
Automatic Check Listing/Update
Control Date.: 12/20/24 Cash Account No .. : 999 10110
Invoice Actual
Date Period
Discount Gross
nvoice No Description Due Date Fiscal Tm G/L Account No Amount Check#.: 055860 Check Date.: 12/20/24 Vendor I.D.: ALHOl (SPARKLETTS) 81120124- DRINKING WATER FOR CITY HALL 12/19/24 12-24 A 100 39025 12/20/24 06-25
Check#.: 055861 Check Date.: 12/20/24 Vendor I,D,: AT&T2 (AT&T C41220- TELEPHONE SERVICES FOR 559,693.4311 12/20/24 12-24 A 100 39025 12/20/24 06-25
Check#,: 055862 Check Date.: 12/20/24 Vendor I,D,: BADOO (BADGER METER INC,) 80177844- BEACON SERVICES FOR NOVEMBER 2024 WATER METERS 12/19/24 12-24 A 100 39025 12/20/24 06-25
82, 97
91.04 698.28
Check #.: 055863 Check Date.: 12/20/24 Vendor I,D,: BSKOl (BSK ASSOCIATES ENGINEERS) AH31444- WATER ANALYSIS 12/19/24 12-24 A 100 39025
12/20/24 06-25
208,45
Discount
Amount
.00
.00
.00
.00
PAGE:
ID#:
CTL,:
001
PY-CL
SAN
Net
Amount
82, 97
91. 04
698. 28
208,45
------------------------------------------------------------------------------------------------------------------------------ Check#.: 055864 Check Date.: 12/20/24 Vendor I.D.: CENT4 (CENTRAL SAN JOAQUIN VALLEY RMA) INV0194- 2024/2025 3RD QUARTER LIABILITY INSURANCES 12/19/24 12-24 A 100 39025 12/20/24 06-25
37951,00 ,00 37951. DO
----------------------------------------------------------------------------------------------------------------------------------- Check#.: 055865 Check Date.: 12/20/24 Vendor I.D.: CINOO (CINTAS CORPORATION NO. 2) 44425105- PURCHASE SUPPLIES FOR FIRST AID BOXES 12/19/24 12-24 A 100 39025 12/20/24 06-25
257,49 .00 257.49
------------------------------------ --------------------------- --------------------------------------------------------------- Check#. r 055866 Check Date.: 12/20/24 Vendor I.D.: DEP02 (DEPARTMENT OF PUBLIC HEALTH) 324289- AUTO REPAIR/MAINTENANCE MODEL PLAN 12/19/24 12-24 A 100 39025 12/20/24 06-25
583.00
Check#.: 055867 Check Date.: 12/20/24 Vendor I.D.: DGCOO (DG CALIFORNIA SOLAR, LLC) 910730- INVOICE FOR SOLAR METER ENERGY FOR CITY FACILITIES 12/19/24 12-24 A 100 39025 12/20/24 06-25
6266, 64
Check#.: 055868 Check Date.: 12/20/24 Vendor I.D,: FDAOO (FIRE RISK MANAGEMENT SERVICES) AN.-2025- EMPLOYEES HEALTH, DENTAL, AND VISION INSURANCES 12/19/24 12-24 A 100 39025 12/20/24 06-25
Check#.: 055869 Check Date,: 12/20/24 Vendor I,D,: FR002 (FRONTIER) C41219- TELEPHONE SERVICES FOR 559.693.2051
Check#.: 055870 Check Date.: 12/20/24
21153- REPAIR FLAT TIRE FOR PUBLIC WORKS DEPARTMENTS
21158- REPAIR FLAT TIRE FOR PUBLIC WORKS DEPARTMENTS
12/19/24 12-24 A 100 39025
12/20/24 06-25
Vendor I.D.: GAROO (GARCIA TIRE
12/19/24 12-24 A 100 39025
12/20/24 06-25
12/19/24 12-24 A 100 39025
12/20/24 06-25
26275.39
337.58
& AUTO REPAIR)
17. 00
16. 00
.00 583. 00
, 00 6266.64
.oo 26275.39
.00 337.58
.00 17,00
.00 16.00
----------- ---------- Vendor's Subtotal -----::, 33.00 .00 33.00 -------------------- ----------------------------------------------------- -------------------------------------- ----------------- Check #.' 055871 Check Date.: 12/20/24 Vendor I.D.: GOUOl (GOUVEIA ENGINEERING INC) 16928- PROJECT: 330 .04 SSMP UPDATE 12/19/24 12-24 A 100 39025 471. 98 .00 471, 98 12/20/24 06-25
16929- PROJECT: 340. 13-1 WELL 6 CONSTRUCTION MANAGEMENT 12/19/24 12- 24 A 100 39025 316,50 .oo 316. 50 12/20/24 06-25
16930- PROJECT: 340 .13-2 WELL ADMINISTRATION 12/19/24 12-24 A 100 39025 901.75 .oo 901. 75 12/20/24 06-25
16931- PROJECT: 340 .14-1 WELL 3 & 5 MANGANESE DESIGN 12/19/24 12-24 A 100 39025 '126, so .oo 72 6. 50 12/20/24 06-25
16932- PROJECT: 340.14-2 WELL & 5 MANGANESE CONSTR MGMT 12/19/24 12-24 A 100 39025 1205.83 .00 1205.83 12/20/24 06-25
16933- PROJECT: 340 .14-3 WELL 3 & 5 MANGANESE ADMIN 12/19/24 12-24 A 100 39025 1816.48 .oo 1816.48 12/20/24 06-25
16934- PROJECT: 340. 15-1 WELL 4 & 6 MANGANESE DESIGN 12/19/24 12-24 A 100 39025 78.50 ,00 78,50 12/20/24 06-25
16935- PROJECT: 340 .15-2 WELL 4 & 6 MANGANESE CONSTR MGMT 12/19/24 12-24 A 100 39025 594.68 .oo 594.68 12/20/24 06-25
16936- PROJECT: 340,15-3 WELL 4 & 6 MANGANESE ADMIN 12/19/24 12-24 A 100 39025 1816,46 .00 1816.46 12/20/24 06-25
17 .EPORT.: Dec 20 24 Friday CITY OF SAN JOAQUIN
.UN., .. : Dec 20 24 Time: 11:03 Automatic Check Listing/Update .un By. : Cindy Torres Control Date.: 12/20/24 Cash Account No .. : 999 10110 Invoice Actual
Date Period
Discount Gross nvoice No Description Due Date Fiscal Tm G/L Account No Amount Check#.: 055871 Check Date.: 12/20/24 Vendor I,D.: GOUOl (GOUVEIA ENGINEERING INC) 16937- PROJECT: 345,01 STREETS MISCELLANEOUS
16938- PROJECT: 345.13D HSIPL-5245(020) PED CROSS SAFETY 16939- PROJECT: 375.07 DOLLAR GENERAL MAPPING REVIEW
16940- PROJECT: 385.10 DOLLAR GENERAL IMPROVE PLAN REVIEW 12/19/24
12/20/24
12/19/24
12/20/24
12/19/24
12/20/24
12/19/24
12/20/24
12-24 A
06-25
12-24 A
06-25
12-24 A
06-25
12- 24 A
06-25
100 39025 571.20
100 39025 67,81
100 39025 227.85
100 39025 1058,40
Discount
Amount
. 00
.00
.oo
.00
----------- ---------- H Vendor's Subtotal -----> 9853,94 Check#.· 055872 Check Date.: 12/20/24 Vendor I.D.: HOMOl (HOME DEPOT CREDIT SERVICES) C41219- PURCHASE SUPPLIES FOR CHRISTMAS TREE & PW DEPTS. 12/19/24 12-24 A 100 39025 12/20/24 06-25
728,29
Check #,: 055873 Check Date.: 12/20/24 Vendor I.D,: J.COO (J. COLIN COMPUTING SYS'l'EMS, 38699- PROFESS ION AL SUPPORT SERVICES FOR CITY HALL 12/19/24 12-24 A 100 39025 700.76 12/20/24 06-25
38702- PROFESSIONAL SUPPORT SERVICES 12/20/24 12-24 A 100 39025 790,00 12/20/24 06-25
** Vendor's Subtotal -----> 1490,76
Check#.: 055874 Check Date.: 12/20/24 Vendor I,D,: KER34 (KERWEST INC.) 4717- ADVERT ORDINANCE NO, 24-03 12/20/24 12-24 A 100 39025 12/20/24 06-25
177. 00
Check#. t 055815 Check Date.: 12/20/24 Vendor I.D.: LEOOl (LEOS TIRE SERVICE & WHEEL) #6329- REPAIR TIRE FOR PUBLIC WORKS DEPARTMENTS 12/19/24 12-24 A 100 39025 22 .00 12/20/24 06-25
#6331- TIRE REPAIR FOR PUBLIC WORKS DEPARTMENTS 12/19/24 12-24 A 100 39025 22 .oo 12/20/24 06-25
----------- .. Vendor's Subtotal -----> 44,00
. 00
. 00
INC.)
.00
. 00
.00
.oo
PAGE: 002
ID#: PY-CL
CTL.: SAN
Net
Amount
571. 20
67.81 227.85
1058.40
----------- 9853,94
728.29
700.76
790,00
1490. 76
117. 00
22.00 22. 00
44,00
Check#.: 055816 Check Date.: 12/20/24 Vendor I.D.: METOO {METROPOLITAN TRANSPORTATION COMMISSION) 6AR13686- STREETSAVER ANNUAL SUBSCRIPTION FOR 2/1/25-1/31/26 12/20/24 12-24 A 100 39025 12/20/24 06-25
1000.00
Check#.: 055877 Check Date.: 12/20/24 Vendor I.D.: MONOl (MONTOY LAW CORPORATION) OV.-2024- PROFESSIONAL LEGAL SERVICES 12/19/24 12-24 A 100 39025 12/20/24 06-25
2715. 00
Check#.: 055878 Check Date.: 12/20/24 Vendor I.D.: ~ouoo (MOUNTAIN VALLEY PEST CONTROL) 16810255- PEST CONTROL SERVICES FOR CITY FACILITIES 12/19/24 12-24 A 100 39025 12/20/24 06-25
Check#.: 055879 Check Date,: 12/20/24 Vendor I.D.: PAC02 (PACE SUPPLY CORP) 10018808- PURCHASE SUPPLIES FOR PUBLIC WORKS DEPARTMENTS 12/20/24 12-24 A 100 39025 12/20/24 06-25
Check#.: 055880 Check Date.: 12/20/24 Vendor I.D.: PGEOO {PGE C41220- UTILITIES SERVICES FOR 22599 MANNING AVENUE 12/20/24 12-24 A 100 39025 12/20/24 06-25
Check#.: 055881 Check Date.: 12/20/24 Vendor I.D.: PGEOS (PGE C41219- UTILITIES SERVICES FOR 8599 EIGHTH STREET 12/19/24 12 24 A 100 39025 12/20/24 06 25
275.00
195,74
24,64
1296. 82
.oo 1000. 00
.oo 2775 .oo
275.00
.00 195.14
.00 24,64
.00 1296.82
18 Dec 20 24 Friday CITY OF SAN JOAQUIN
Automatic Check Listing/Update
.EPORT.
.UN,
.un By.
Dec 20 24 Time: 11:03
Cindy Torres Control Date.· 12/20/24 Cash Account No .. : 999 10110 nvoice No Description
Check#.: 055882 Check Date.· 12/20/24
C41219- UTILITIES SERVICES FOR WATER TANK
Invoice
Date
Due Date
--------
Vendor I
12/19/24
12/20/24
Actual
Period
Fiscal Tm
.D.: PGE12
12-24 A
06-25
Discount
G/L Account No
--------------
(PG&E
100 39025
Gross
Amount
5917,42
Check#.: 055883 Check Date.: 12/20/24 Vendor I.D.: RINOO (RINCON CONSULTANTS, INC.) 61819- PROFESSIONAL PLANNING SERVICES 12/19/24 12-24 A 100 39025 12/20/24 06-25
Check JI.: 055884 Check Date.: 12/20/24 Vendor I.D.: ROSOO (RSG, INC,) 12680- RSG 1485-SUCCESSOR AGENCY SERVICES 12/19/24 12-24 A 100 39025 12/20/24 06-25
1148.25
170.00
Check#.: 055885 Check Date.: 12/20/24 Vendor I.D.t SPE04 (SPECIALTY HOSE XPRESS) 84962- PURCHASE HOSE FOR STREET SWEEPER 12/19/24 12-24 A 100 39025 12/20/24 06-25
275.40
Check#.: 055886 Check Date,: 12/20/24 Vendor I.D.: STATS (SWRCB ACCOUNTING OFFICE) 'D0281937- ANNUAL PERMIT FEE FOR '7/1/24 THRO 6/30/25 12/19/24 12-24 A 100 39025 28205.00 12/20/24 06-25
'D02 819 97- ANNUAL PERMIT FEE FOR '7/1/24 THRO 6/30/25 12/19/24 12-24 A 100 3 9025 3945.00 12/20/24 06-25
----------- " Vendor's Subtotal -----> 32150.00
Check#.: 055887 Check Date,: 12/20/24 Vendor I.D.: TSAOl (TSA CONSULTING GROUP) C41219- PAYROLL PERIOD 11/29/24 DEDUCTION FOR RETIREMENT 12/19/24 12-24 A 100 3902S 12/20/24 06-25
1S0.00
Check IL: 0S5888 Check Date.: 12/20/24 Vendor- I.D.: TUR02 {TURBO DATA SYSTEMS, INC) rov. -2024- PROFESSIONAL CITATION SERVICES 12/20/24 12-24 A 100 39025 12/20/24 06-25
Check#.: 0S5889 Check Date.: 12/20/24 Vendor I.D.: ULLOO (ULLOA, LUIS) C41220- BOOT ALLOWANCE FOR PUBLIC WORKS DEPARTMENTS 12/20/24 12-24 A 100 39025 12/20/24 06-2S
340,46
140.86
Discount
Amount
, 00
.oo
.oo
.00
.00
---------- .oo
.00
.00
.00
Check#.: 05S890 Check Date.: 12/20/24 Vendor I.D,: UNIOO {UNITED RENTALS (NORTH AMERICA), INC.) 9S674001- EQUIPMENT RENTAL TO REPAIR LIGHT AT LCCC
Check#.: 055891 Check Date. : 12/20/24
80108594- UNIFORMS SERVICES FOR PUBLIC WORKS DEPARTMENTS -80109761- UNIFORMS SERVICES FOR PUBLIC WORKS DEPARTMENTS -80111348- UNIFORMS SERVICES FOR PUBLIC WORKS DEPARTMENTS 12/20/24 12-24 A 100 39025
12/20/24 06-25
Vendor I,D.: UNI08 {UNIFIRST
12/19/24 12-24 A 100 39025
12/20/24 06-2S
12/19/24 12-24 A 100 39025
12/20/24 06-25
12/20/24 12-24 A 100 39025
12/20/24 06-2S
S49.22
CORPORATION)
156,78
1S6.78
1S6.78
----------- " Vendor's Subtotal -----> 470,34
Check#.: 0S5892 Check Date,: 12/20/24 Vendor I,D.: VIROO (VIRAMONTES, MANUEL} C41220- BOOT ALLOWANCE FOR PUBLIC WORKS DEPARTMENTS 12/20/24 12-24 A 100 39025 12/20/24 06-2S
Check#.: 0S5893 Check Date.: 12/20/24 Vendor I.D.: WESTl (WEST HILLS OIL) 264114- PURCHASE GASOLINE FOR PUBLIC WORKS DEPARTMENTS 12/19/24 12-24 A 100 3902S 12/20/24 06-25
** Total Checks Paid----->
17S.OO
783. 00
132915.98
. 00
.00
.00
.00
---------- .00
.00
.00
.00
PAGE:
ID #1
CTL.:
0 03
PY-CL
SAN
Net
Amount
5917.42
1148. 25
170.00
275.40
28205.00
3945.00
----------- 321S0.00
1S0.00
340.46
140.86
54 9. 22
156,78
156.78
156.78
----------- 470.34
175.00
783.00
13291S.98
19 EPORT,: Dec 20 24 Friday
UN, ... : Dec 20 24 'fime: 11: 03
un By,: Cindy Torres
G/L Account No
--------------
100 20000
105 20000
201 20000 202 20000
205 20000
206 20000
210 20000
280 20000
500 20000
510 20000
871 20000
877 20000
880 20000
999 10110
Ctr G/L Account No
CITY OF SAN JOAQUIN
Automatic Check Listing/Update
General Ledger Accounts Summary for December 20, 2024
Accounting Period is December, 2024
PAGE:
ID JI:
CTL,:
Total Amount Extension FUND Description ACCT Description DEPT Description ------------- 24848.76 24848,76
476,54 25325.30
2422.31 27747.61
1826.51 29574, 12
6213,56 35787.68
200.00 35987.68
6292. 02 42279, 70
440,11 42719. 81
31267,3'1 '1398'1.18
46589.41 120576,59
983.54 121560,13
1299.15 122859.28
10056.70 132915.98
-132915, 98 ,00
GENERAL FUND
REFUSE-COMMERCI
MEAS C/STREET
MEAS C/FLEX
GAS TAX
GAS TAX 2032
LTF STRTS/ROADS
LANDSCAPE MAINT
WATER
SEWER
PUB SAFETY $2M
CYO CDBG
SRF
CASH CLEARING
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Cash-Checking/United
004
PY-CL
SAN
Total Amount Extension FUND Description ACCT Description DEPT Description -------------- ------------- ---------- 210 100 20000 45,83 215 100 20000 383.43
45.83 429.26
GENERAL FUND
GENERAL FUND
Accounts Payable
Accounts Payable
20 REPORT,: Dec 30 24 Monday
RUN. Dec 30 24 Time: 15:03
Run By,: Alondra Bautista
CITY Of SAN JOAQUHl
Automatic Check Listing/Update
Control Date.: 12/30/24 Cash Account No.,: 999 10110
Invoice Actual
Date Period
Discount Gross
Invoice Mo Description Due Date Fiscal Tm G/L Account No Amount Check If,: 055895 Check Date,: 12/30/24 Vendor I.D.: ADAOl (ADAMS ASHBY GROUP, INC,) 6332- LABOR COMPLIANCE WELL # 6 SRF E'UMDING 12/17/24 12-24 A 100 39025 12/30/24 06-25
Check #.: 055896 -Check Date.: 12/30/24 Vendor 1.D.: AT&Tl [AT&T C41230- TELEPHONE SERVICES FOR PUBLIC WORKS 12/30/24 12-24 A 100 39025 12/30/24 06-25
2500.00
48.90 Check #.: 055897 Check Date,: 12/30/24 Vendor I,D.: CALlO (CALIFORNIA WATER SERVICES) 055246-IN- ~lATER & WASTEWATER TREATMENT FACILITY PLANT OPER, 11/30/24 12-24 A 100 39025 12/30/24 06-25
9621. 19
Discount
Amount
.oo
.DO
.OD
Check ff,: 055898 Check Date.: 12/30/24 Vendor I.D.: HINOl (HINDERLIER, OELLAMAS & ASSOCIATES) SIN045956- CONTRACT SERVICES-SALES TAX (4TH QUARTER) 12/21/24 12-24 A 100 39025 12/30/24 06-25
Check#,-: 055899 Check Date.: 12/30/24 Vendor I,D,: KER34 (KERWEST INC,) 4727- ADVERT ORDINANCE NO. 24-03 11/13/24 12-24 A 100 39025 12/30/24 06-25
4 728- ADVERT ORDINANCE NO. 24-02 11/13/24 12-24 A 100 39025 12/30/24 0 6-25
Vendor's Subtotal----->
750,00 .DO
177. 00 .DD
203,00 .00
----------- ---------- 380.00 .00
PAGE:
ID U:
CTL.:
001
n-CL
SAl-1
Net
Arr,ount
2500,00
48 .90
9621.19
750,00
177.00
203. 00
----------- 380.00
------------------------------------------------------------------------------------------------------------------------------- Check If.: 055900 Check Date.: 12/30/24 Vendor I.D.: 0Ff01 (ODP BUSHlESS SOLUTIONS, LLC) 292677001- PURCHASE OFE'ICE SUPPLIES FOR CITY HALL 12/12/24 12-24 A 100 39025 164,85 .OD 164 .85 12/30/24 06-25
325531001- PURCHASE OH'ICE SUPPLIES FOR CITY HALL 12/12/24 12-24 A 100 39025 55.80 .DO 55. BO 12/30/24 06-25
----------- ---------- ----------- .. Vendor's Subtotal -----> 220.65 .DD 220.65 ------------------------------------------------------------------------------------------------------------------------------------ Check ff.: 055901 Check Date.: 12/30/24 · Vendor LO.: PECOO (PECK'S PRINTERY) 36147- PURCHASE ADMIN CITATIONS FOR CODE ENFORCEMENT 12/19/24 12-24 A 100 39025 12/30/24 06-25
4 4 4. 92 .DO 444.92
--------------------------------------------------------------------------------------------------------------------------------- Check ff,: 055902 Check Date,: 12/30/24 Vendor I.D.: PGE04 (PGE C41230- UTILITY SERVICES FOR 22394 W MANNING AVE 12/20/24 12-24 A 100 39025 12/30/24 06-25
1438.50 .DD 1438, 50
---------------------------------------------------------------------------------------------------------------------------------- Check#.: 055903 Check Date.: 12/30/24 Vendor I.D.: PGE09 {PGE C41230- UTILITY SERVICES FOR 22001 W MANNING AVE 12/18/24 12-24 A 100 39025 12/30/24 06-25
1638.34 .OD 1638.34
--------------------------------------------------------------------------------------------------------------------------------- Check#.: 055904 Check Date.: 12/30/24 Vendor I.D.: THE04 (THE SALVATION ARMY) 11/30/24- HOT MEALS FOR NOVEMBER 2024 11/30/24 12-24 A 100 39025 12/30/24 06-25
.DD 3038, 4 6
------------------------------------------------------------------------------------------------------------------------------ Check #.: 055905 Check Date.: 12/30/24 Vendor I.D.: WES22 (WEST SIDE PUMP CO) 2090804- PURCHASE SUPPLIES FOR PUBLIC WORKS DEPARTMENT 12/20/24 12-24 A 100 39025 12/30/24 06-25
1222.99 .DD 1222. 99
21 R/JH. De,: 30 24 Time: 15: 03 Automatic Check Listing/Update ID JI: Vt-C:L R•Jn B'/ .. Alondra Bautista General Ledger Acco•Jnts Summary Eo, December 30, 2024 CTL,: S_..Jl Accounting Period is December, 2024 G/1, Account Mo Total Amount Extension fUND Description ACCT Description DE:l?T Description -------------- ------------- ------------- ---------------- ---------------- --------- 100 20000 3105.38 3105.38 GENE:RAL FUMD Accounts l?ayable 105 20000 55, 4 7 3160.85 REfUSE-COHMERCI Accounts Payable 202 20000 131.74 3292.59 MEAS C/fLEY. Accounts E'ayable 210 20000 131. 74 3424 .33 LTf STRTS/ROADS Accounts E'ayable 500 20000 3988.29 7412.62 WATER Accounts Payable 510 20000 8753.89 16166.51 SEWER Accounts Payable 8 66 20000 3483.38 19649.89 (ARE'A)CLfRF Accounts Payable 871 20000 131.75 19781.64 PUB SAFETY $21'1 Accounts Payable 877 20000 131. 74 19913.38 CYO CDBG Accounts E'ayable 880 20000 2500,00 22413.38 SRF Accounts E'ayable 999 10110 -22413.38 , 00 CASH CLEARING Cash-Checking/United 22 HAND CHECKS FOR DECEMBER 2024
VENDOR VENDOR NAME INVOICE DESCRIPTION CHECK NUMBER CHECK DATE PAY EXACTLY FIRST FIRST NATIONAL BANK OMAHA PURCHASE SUPPLIES, ALARMS SERVICES & SUBS 55854 12/9/2024 ' 041.64 RAM04 RAMIREZ, AURELIO RlllMBURSEMENT FOR Y!lARLY IJOOT ALLOWANCE F 55855 1211212024 ' 175.00 VOIDED VOIDED VOIDED 55856 12 112 12024
TEROO TERRIQUEZ,JOSE REIMBURSEMENT FOR YEARt,Y BOOT ALLOWANCE 55857 12/1212024 ' 175.00 AVA04 AVALOS, MARIA REIMBURSEMENT FOR YEARLY BOOT ALLOWANCE 55858 1211212021 $ 136,03 PETTl PETTY CASH PETTY GASH RBnUBST lf34 55859 12112 12024 ' lZ0.85 PG!l07 PG&E UTILITIES SERVICES FOR 8751 MAIN STREET 55894 12 120 12024 $ 501.98 FIRST FIRST NATIONAL BANK OMAHA PURCHASE SUPPLIES, SUBSCRIPTIONS AND ALARMS 55907 1/13/2025 $ 2,605.39 DEL03 DE LAGE LANDEN PINANCIAL SERVICES, INC. !,EASE FOR SHARPIMX-6071 PRINTER AT CITY HALL 55908 1/812025 $ 155.16 Mi\C03 MACIAS, OMAR RlllMBURSEMENT FOR DOOT ALLOWANCE 55909 1/812025 $ 175.00 Area 1 - San Joaquin CAD (Monthly View)
Calls for Service - Per Hour (Not Self-Initiated)
3 3
1 4
2 1 1
2 3
7 3
7 4
6 5 5
14 5
6 4
1 6 6
2 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Time of Day
0 5
10 # of CAD Events
Calls for Service - Type
Call for Service Type # of CAD Events
PATROL CHECKS 48
DIRECTED PATROL CHECK 23
FOLLOW-UP 23
AMBULANCE REQUEST 21
VEHICLE STOP 18
9-1-1 EMERGENCY UNKNOWN 16
CITIZEN ASSIST 9
COPS ACTIVITY IN SCHOOLS 8
AUDIBLE BURGLAR ALARM 6
COMMUNITY CONTACT 5
OTHER AGENCY ASSIST 5
REPORTS 4
VEHICLE CHECK 4
CASE 4
GRAND THEFT AUTO 4
DISTURBANCE 3
FIRE 2
INFORMATION 2
MENTALLY UNSTABLE PERSON 2
MISC. INVESTIGATION 2
CHECK WELFARE 2
COMMERCIAL BURG 2
ADMINISTRATIVE MEETING 2
DETAIL-SPECIAL DETAIL 2
REPOSSESSION 2
VEHICLE BURGLARY 2
NON-INJURY VEHICLE ACCIDENT 2
NON-SPECIFIED FELONY CRIME 1
RESTRAINING ORDER VIOLATION 1
SUSPICIOUS ACTIVITY 1
SUSPICIOUS PERSON 1
SUSPICIOUS VEHICLE 1
VANDALISM 1
VEHICLE NUISANCE 1
COURT 1
CUSTODY ORDER VIOLATION 1
COMMUNITY MEETING 1
ABANDONED VEHICLE 1
ANIMAL COMPLAINT 1
ARMED ROBBERY 1
ASSIGNED FOLLOW UP 1
ATTEMPT PICK UP 1
NO DETAIL VEHICLE ACCIDENT 1
NOISE NUISANCE 1
PETTY THEFT 1
PRIOR PROBLEM 1
PROWLER 1
INJURED PERSON 1
FRAUD 1
FIREWORKS 1
DOMESTIC VIOLENCE 1
Totals 247
Calls for Service - By Day (Not Self-Initiated)
Day of Week # of CAD Events
Sunday 27
Friday 19
Monday 15
Wednesday 14
Tuesday 13
Saturday 10
Thursday 3
Totals 101
Total Calls for Service (Not Self-Initiated)
101
San Joaquin
0 25
50 75
100
# of CAD Events
Shots Fired Calls
Call Type # of CAD Events
Totals
No Results
Total Calls for Service
247
San Joaquin
0 50
100
150
200
# of CAD Events
Traffic Accidents
Call Type # of CAD Events
NON-INJURY VEHICLE ACCIDENT 2
NO DETAIL VEHICLE ACCIDENT 1
Totals 3 19
Total Reports
Generated on January 1, 2025 at 10:24 AM UTC
23 ------
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24 RESOLUTION NO. 2017-11
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN
DESIGNATING THE CITY OF SAN JOAQUIN A WELCOMING CITY FOR
IMMIGRANTS AND REFUGEES, AND DECLARING THE CITY A PLACE
OF TRUST AND DIGNITY FOR LOCAL IMMIGRANTS
WHEREAS, the City of San Joaquin recognizes its long and rich history of immigrants who have contributed to our local economy and have become leaders in agriculture, the military, education, business, healthcare, and other professions; and WHEREAS, the City of San Joaquin is a diverse City with many foreign-born residents undocumented immigrants who face challenges with access to service and safety due to their status; and
WHEREAS, immigrants, refugees, and other newcomers add significantly to the vitality of the state and national economies, with foreign-born workers representing close to 17 percent of the current U.S. labor force, and over 33.4 percent of business owners in California; and will account for over 85 percent of the net growth in the U.S. labor force over the next 20 years; and WHEREAS, the building of a welcoming community is fundamental to a vibrant apd inclusive City of San Joaquin, to assure immigrants, refugees, and other newcomers opportunities for economic security, empowerment, civic engagement, safety, and freedom from discrimination, oppression, and violence; and
WHEREAS, many City of San Joaquin residents have deep concerns about the potential policies and actions by the new federal administration; and WHEREAS, it is important to make clear that we are one community in the City of San Joaquin and all of our children, mothers, fathers, sisters, and brothers, regardless of immigration status, contribute to the social and economic fabric of this City; and WHEREAS, it is important for the City Council to make a statement of support to the immigrant community and for the City to be a place of trust and dignity for immigrants who live and work in our community; and
WHEREAS, ensuring the health, well-being, and civil rights of all people regardless of their immigration status, through a dynamic and responsive process that respects the community's diversity, is a shared responsibility of the City and other public agencies; and WHEREAS, a welcoming community addresses language and cultural access barriers to services and participation in civic life, promotes coordination of services and resources for immigrants and refugees across all systems, champions cultural competence and understanding, and strengthens accountability to maintain the highest quality of services for immigrants and refugee communities; and
25 WHEREAS, a strong community is one that includes people of all backgrounds and invests in all of its people; and
WHEREAS, the City of San Joaquin aspires to be a model for inclusion and equity for all populations, including immigrants, refugees, and other newcomers, through its commitment to support the ongoing inclusion and long-term economic and social integration of newcomers; NOW, THEREFORE, BE IT RESOLVED by the City Council of San Joaquin that the City of San Joaquin:
1. Declares and affirms that the City of San Joaquin is a Welcoming City and declares itself a place of trust and dignity.
2. Urges staff or employees to treat all City residents with respect regardless of immigration status, national origin, race, ethnicity, and/or English proficiency.
3. Promotes the value among all residents of advancing efforts for integrating immigrant and refugee communities, recognizing that a community is strongest when everyone feels welcome.
4. Supports efforts to bring immigrants, refugees, newcomers, and the broader community together to develop policies, programs, and initiatives that build welcoming communities and provide all residents with the knowledge and tools to thrive and fully participate in their communities.
5. Commits to dialoguing with all stakeholders in the City of San Joaquin concerning any potential inequities in the justice system.
6. Commends the work of our local institutions, organizations, and individuals who join in building a climate of trust and support for our immigrant community. ********
[Certification Next Page J
26 CERTIFICATION
The foregoing Resolution No. 2017-11 was passed and adopted at a regular meeting of the City Council of the City of San Joaquin held on May 2, 2017.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Hernandez, Ornelas, Vallejo
0 2 Dhaliwal, Lua
0 ~'-<>-~
Diana Brooks, City ~~ Clerk
MEETING DATE: January 13, 2025
TO: City Council
FROM: Matt Flood, Assistant City Manager
SUBJECT: Selection of Planning Services Consultant
RECOMMENDATION:
That the City Council adopt Resolution No. 2025-01, approve the agreement with Rincon Consultants, Inc. for Planning Services and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY:
City staff released a Request for Proposals (RFP) for Planning Services due to the expiration of the agreement with our current provider of Planning services.
Respondent firms were analyzed for ranking based on their qualifications, experience, work in other communities of like size or means, and the score rendered on their written proposals.
Three firms responded and two of the firms received an interview.
CSG Consultants
Precision Civil Engineering, Inc.
Rincon Consultants, Inc.
Staff is recommending Rincon Consultants, Inc. to be the City Planning Services Contractor due to their technical qualifications and the experience they have in working with communities of similar sizes, as well as the region.
27 RESOLUTION NO. 2025-01
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JOAQUIN APPROVING AN AGREEMENT WITH RINCON
CONSULTANTS, INC. FOR PLANNING SERVICES AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE SAME
WHEREAS, the City of San Joaquin has need of Planning Services provided by a consulting firm; and
WHEREAS, City staff published a Request For Proposals (RFP) notifying qualifying and interested entities of the requirements and process for applying; and WHEREAS, City staff received three responses selected Rincon Consultants, Inc. as the most qualified firm to provide the City Planning services; and WHEREAS, the City desires to enter into an agreement with Rincon Consultants, Inc.:
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Joaquin hereby:
1. Finds that the above recitals are true and correct.
2. Approves the Agreement with Rincon Consulting, Inc. for Planning Services for the City of San Joaquin as set forth in Exhibit A to this Resolution and incorporated by reference.
3. Authorizes the City Manager to execute the Agreement and any other documentation necessary to the Agreement.
4. This resolution is effective upon adoption.
(Certification on next page)
28 The foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin the 13th day of January, 2025 and passed at said meeting by the following vote:
AYES:
NOTES:
ABSENT:
ABSTAIN:
Adam Flores-Cornejo, Mayor
ATTEST:
Matt Flood, City Clerk
29 AGREEMENT BETWEEN
CITY OF SAN JOAQUIN AND RINCON CONSULTANTS, INC.
FOR CONSULTANT PLANNING SERVICES
This agreement is made and entered into effective on January 13, 2025, by and between the City of San Joaquin, a California municipal corporation (hereinafter referred to as “CITY”) and Rincon Consultants, Inc. (hereinafter referred to as “CONSULTANT”).
RECITALS
WHEREAS, CITY desires to obtain consultant services in connection with environmental analysis, land use and planning; and
WHEREAS, CONSULTANT is engaged in the business of furnishing technical and expert services in the fields of environmental analysis, land use and planning, and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, the parties entered an interim agreement regarding planning services on August 15, 2018 and wish enter a longer-term agreement; and WHEREAS, this Agreement will be administered for CITY by City Manager Elizabeth Cabrera.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are part of this Agreement and the terms and conditions hereinafter contained, it is mutually agreed as follows:
1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY services as requested by CITY relating to pursuant to Exhibit “A” which is incorporated herein by reference.
2. Term of Agreement . This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through January 12, 2028 subject to any earlier termination in accordance with this Agreement.
3. Compensation.
CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be pursuant to Exhibit “B,” which is incorporated herein by reference.
4. Termination.
Either party may terminate this Agreement at any time by giving notice of such termination (including the effective termination date) at least thirty (30) calendar days before the effective date 30 2
of such termination. In the event of termination, all finished or unfinished documents, reports, or other materials prepared by CONSULTANT under this Agreement shall become CITY’S property.
CONSULTANT shall be entitled to receive compensation for all satisfactory work completed prior to the effective date of termination.
5. Indemnification.
To the furthest extent allowed by law, CONSULTANT shall indemnify, hold harmless, and defend CITY and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage), and from any and all claims, demands, and actions in law or equity (including reasonable attorney’s fees and litigation expense) that arise out of, pertain to, or related to the negligence, recklessness, or willful misconduct of CONSULTANT, its principals, officers, employees, agents, or volunteers in the performance of this Agreement.
6. Insurance.
(a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit “C” or as may be authorized, and any additional insurance as may be required, in writing by City Manager or her designee at any time and in her sole discretion.
(b) If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT hall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. This phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
7. Nondiscrimination. To the extent required by controlling federal, state, and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran, or veteran of the Vietnam era.
8. Independent Contractor.
In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venture, partner, or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which 31 3
CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof.
9. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party which notice is to be given at the party’s address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice.
Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of mailing thereof.
10. Assignment.
This agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights of obligations under this Agreement without the prior written approval of the City Manager or her designee.
11. Compliance with Law. In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California, and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
12. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.
No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
13. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.
14. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.
15. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. 32 4
16. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
17. Attorneys’ Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.
18. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
19. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement shall be null and void.
20. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
21. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary n this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
************************
CITY OF SAN JOAQUIN, a
a California municipal corporation
RINCON CONSULTANTS INC.
By: By:
Elizabeth Cabrera, City Manager Richard Daulton, Vice President Date: Date:
ATTEST:
33 5
By:
Matt Flood
City Clerk
34 Exhibit “A”
SCOPE OF SERVICES
Consultant Service Agreement between City of San Joaquin and Rincon Consultants, Inc.
Rincon will provide environmental, land use and planning services to the City of San Joaquin.
Throughout the contract period, Rincon contract planning staff will assist City staff with the processing of environmental and planning documents associated with planning permit applications and other as-needed planning tasks, working under general direction of the City Manager.
The specific tasks anticipated to be performed may include, but are not limited to, the following:
• Review planning applications as to completeness
• Meet with applicants to review project needs
• Analyze development projects for compliance with the City's General Plan, other applicable land use plans, Zoning Ordinance, design standards and guidelines, and other policies • Evaluate projects for consistency with environmental regulations and determine requisite CEQA documentation
• Prepare or review CEQA initial studies, negative declarations, notices of exemption, environmental impact reports, NEPA clearances, and related technical documents • Prepare necessary technical analyses and reports as needed for CEQA analysis. This could include but not limited to air quality, biology, cultural resources, noise, hazards assessment, and water quality/availability assessments
• Prepare staff reports, approval/denial findings, resolutions, and conditions of approval for discretionary applications
• Attend and give oral presentations at decision-maker hearings, recommending bodies, special oversight commissions, or other stakeholder organizations • Review City forms, planning documents, and processes and provide an assessment and recommendations for updating, improving, or developing new documents/forms.
Staffing is anticipated to be at the Assistant Planner level for most services. Associate or Senior Planners may field more complicated projects and may assist in providing guidance and quality review. The Project Manager would oversee all aspects of the contract, including quality control, review of deliverables, and guidance and direction to staff.
Assumptions:
1. Work would mainly be conducted at our respective Rincon Offices.
2. Hearings and other on-site activities would be conducted by the Project Manager or the Project Manager’s designee on an as-needed basis. Hearings may be attended virtually by Rincon.
35 7
3. Rincon will be provided adequate timelines to complete the work: generally a four-week turn-around for draft reports upon determining an application complete by Rincon and City staff.
36 EXHIBIT B
Rincon Consultants, Inc.
3 Hourly Billing Rates
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical
and Support Personnel*
Hourly Rate
January 1 –
December 31, 2024
January 1 –
December 31, 2025
January 1 –
December 31, 2026
January 1 –
December 31, 2027
Senior Principal $319 $330 $342 $354
Principal $307 $318 $329 $341
Director $307 $318 $329 $341
Senior Supervisor II $292 $302 $313 $324
Supervisor I $272 $282 $292 $302
Senior Professional II $255 $264 $273 $283
Senior Professional I $238 $246 $255 $264
Professional IV $211 $218 $226 $234
Professional III $196 $203 $210 $217
Professional II $174 $180 $186 $193
Professional I $155 $160 $166 $172
Associate III $130 $135 $140 $145
Associate II $117 $121 $125 $129
Associate I $109 $113 $117 $121
Field Technician $94 $97 $100 $104
Data Solutions Architect $196 $203 $210 $217
Senior GIS Specialist $187 $194 $201 $208
GIS/CADD Specialist II $167 $173 $179 $185
GIS/CADD Specialist I $150 $155 $160 $166
Technical Editor $147 $152 $157 $162
Project Accountant $125 $129 $134 $139
Billing Specialist $107 $111 $115 $119
Publishing Specialist $120 $124 $128 $132
Clerical $107 $111 $115 $119
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400.
Reimbursable Expenses
Direct Cost Rates
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopies – 11” by 17” $0.55 (B/W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles* $150/day
*Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.
37 Hourly Billing Rates
Rincon Consultants, Inc.
Equipment Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Flame Ionization Detector $110
Photo Ionization Detector $82
Hand Auger Sampler $62
Water Level Indicator, DC Purge Pump $46
CAPDash $7,500
Natural Resources Field Equipment
UAS Drone $300
Spotting or Fiberoptic Scope $170
Pettersson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS (Submeter Accuracy) $67
Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station $23
Laser Rangefinder/Altitude $11
Pitfall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (20-foot Boston Whaler or Similar) $800
Multiparameter Sonde (Temperature, Conductivity, Turbidity, DO, pH) with GPS $170 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refractometer (Salinity) or Turbidity Meter $38
Large Block Nets $114
Minnow Trap $98
Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (Photo/Video Camera, Scuba Equipment [Tanks, BCD, Regulators, Wetsuits, etc.])
$57/diver
Marine Field Package (Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$100
Insurance, Hazard, and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C Health and Safety $70/person
38 Exhibit “C”
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of San Joaquin and Rincon Consultants, Inc.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability.
2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 – Any Auto).
3. Workers’ Compensation insurance as required by the California Labor Code and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’S profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability.
Minimum Limits of Insurance
CONSULTANT shall maintain limits of liability not less than”
1. General Liability:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate applying separately to the work performed under the Agreement
2. Automobile Liability
$1,000,000 per accident for bodily injury and property damage
3. Employer’s Liability
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
39 4. Professional Liability (Errors and Omissions)
$1,000,000 per claim/occurrence
$2,000,000 policy aggregate
Umbrella or Excess Insurance
In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Deductibles and Self-Insured Retentions
CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and CONSULTANT shall also be responsible for payment of any selfinsured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.
Other Insurance Provisions
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds.
2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers.
3. CONSULTANT’S insurance coverage shall be primary and no contribution shall be required of CITY.
The Workers’ Compensation insurance policy is to contain, or endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:
1. The “Retro Date” must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT.
40 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 5-year discovery period. This requirement shall survive expiration or termination of the Agreement.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of the Agreement, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days’ written notice by certified mail, return receipt requested, has been given to CITY. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.
Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or authorized by City’s City Manager.
Verification of Coverage
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements re to be received and approved by the City Manager or her designee prior to CITY’S execution of the Agreement and before work commences.
41 STAFF REPORT TO COUNCIL
January 8, 2025
TO: Mayor and Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Council to Consider approving resolution 2025-02 to Award Contract to Adams Ashby Group for CDBG and other grant-funding related services and authorizing City Manager to execute agreement.
Recommendation
Staff recommends Council approve resolution 2025-02 to Award Contract to Adams Ashby Group for CDBG and other grant-funding related services.
Executive Summary
Due to the completion of our contract term with the current firm managing our CDBG portfolio and other grant-related funding, staff put out an invitation to submit proposals and are asking Council to direct staff to move forward with a contract.
Background
The City of San Joaquin has a contract with the firm Adams Ashby Group for professional services that, have been labelled as an “Economic Development Program”. It consists of the monitoring and management of our CDBG programs, with assistance for other federal and state funding that the City receives.
The current contract was approved in 2020 for three years, with an extension agreed upon by both parties for another two years, making it expire January 2025.
Staff formulated a Request for Proposals and sent it to the various firms we have on file that could provide such services. Staff received two responses and is requesting that Council approve entering in to a contract with Adams Ashby Group.
Staff believe that Adams Ashby Group can provide the best service due to their experience in this space with this City and many others throughout the state.
Staff recommends a contract term of five years which is the maximum term allowed within the CDBG Program guidelines.
42 RESOLUTION NO. 2025-02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN
AWARDING CONTRACT TO ADAMS ASHBY GROUP FOR ECONOMIC DEVELOPMENT
PROGRAM AND OTHER CDBG CONSULTING SERVICES AND AUTHORIZING CITY
MANAGER TO EXECUTE AGREEMENT
WHEREAS, the City of San Joaquin issued a Request for Proposals for consulting services for the Economic Development (ED) Program on November 6, 2024; and WHEREAS, the consulting services will consist of providing professional services associated with the ED Program including the CDBG programs for the City of San Joaquin; and WHEREAS, the following proposals for the ED program were opened at San Joaquin City Hall on December 6, 2024 at 4:30 pm:
1. California Consulting
2. Adams Ashby Group
NOW, THEREFORE, the City Council of the City of San Joaquin resolves as follows:
1. The foregoing recitals are true and correct.
2. The Council approves the agreement with Adams Ashby Group for Economic Development and grant management services
3. The City Manager is authorized to execute the agreement
4. This resolution is effective upon adoption.
The foregoing resolution was duly adopted and passed by the City Council at a Meeting of said Council, held at the San Joaquin Council Chambers on January 13, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Adam Flores-Cornejo, Mayor
__________________________________________
Matthew Flood, City Clerk
City of San Joaquin
43 CITY OF SAN JOAQUIN
CONTRACT FOR SERVICES
This agreement ("Agreement") entered into this 13th day January 2025 by and between the City of San Joaquin, a California municipality, ("CLIENT"), and Adams Ashby Group, Inc. ("CONSULTANT"), on the following terms and conditions:
RECITALS
WHEREAS, CLIENT has determined it is necessary and desirable to secure certain technical and professional services. The scope of work for said services (hereinafter "Project") is attached hereto as Exhibit "A" and is hereby incorporated by reference; and WHEREAS, CONSULTANT is qualified and willing to provide such services pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, IT IS AGREED by and between CLIENT and CONSULTANT as follows:
AGREEMENT
1. INCORPORATION OF RECITALS. The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth herein in full.
2. SCOPE OF SERVICE.
(a) Services to be Furnished. Subject to policy direction and approvals as CLIENT through its staff may determine from time to time, CONSULTANT shall perform the services set forth in Exhibit A attached hereto and incorporated herein by reference. (b) Schedule for Performance. CONSULTANT must perform the services identified in Exhibit A as expeditiously as is consistent with generally accepted standards of professional skill and care and the orderly progress of work. All work will be performed during the term of this Agreement.
(c) Standard of Quality. All work performed by CONSULTANT under this Agreement must be in accordance with all applicable legal requirements and must meet the standard of quality ordinarily to be expected of competent professionals in CONSULTANT'S field of expertise.
(d) Compliance With Laws. CONSULTANT shall comply with all applicable federal, state, and local laws, codes, ordinances, regulations, orders, and decrees.
CONSULTANT represents and warrants to CLIENT that CONSULTANT will, at its own cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for CONSULTANT to practice its profession or are necessary and incident to the lawful prosecution of the services it performs under this Agreement. 44 (e) Reporting. CONSULTANT shall provide regular reports to CLIENT regarding work progress. Grantee reports to be submitted to granting agency shall be provided to CLIENT in a reasonable time to allow for review and corrections prior to submittal to the granting agency in compliance with Section 4.
(f) State Contracts. CLIENT has the following State contracts open. Additional contracts awarded during the term of this contract will be automatically included under this contract.
1. 2018 State Community Development Block Grant, 18-CDBG-12917
2. 2021 State Community Development Block Grant, 21-CDBG-NH-20001
3. COMPENSATION.
(a) Schedule of Payment. The compensation and terms of payment to be paid by CLIENT to CONSULTANT for the services rendered hereunder shall be in accordance with Exhibit B.
(b) Invoicing and Payment. CONSULTANT shall submit monthly invoices identifying the service provided and time allocated to each task performed. The parties shall exercise good faith and diligence in the resolution of any disputed invoice amounts. CLIENT will make payment within 30 days of receipt of invoice. (c) Payment at Termination. CLIENT shall submit final payment for all work performed to the date of termination to CONSULTANT within 30 days of final date of service.
4. PRODUCT REVIEW AND COMMENT. CONSULTANT shall provide CLIENT with copies of each product described in Exhibit A. Upon completion of each product, CONSULTANT shall be available to meet with CLIENT. If additional review and/or revision is required by CLIENT, CLIENT shall conduct reviews in a timely manner.
5. TERM OF AGREEMENT. This Agreement is effective December 25, 2024, and shall expire on December 24, 2029 or as amended pursuant to Section 7, or terminated pursuant to Section 6.
6. TERMINATION.
(a) Termination for Convenience. Either party may terminate this Agreement at any time by giving notice of such termination (including the effective termination date) at least thirty (30) calendar days before the effective date of such termination. In the event of termination for convenience, all finished or unfinished documents and other materials as described in the Scope of Work become the property of City.
The notice will be deemed served and effective for all purposes on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to CONSULTANT at the address indicated in Section 11.
45 (b) Termination for Cause. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), or other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to the specific provisions of this Agreement, dates, dollar amounts, and other information relevant to the decision to terminate for cause.
(c) If CLIENT issues a notice of termination, CONSULTANT shall deliver to CLIENT copies of all writings, whether or not completed, which were prepared by CONSULTANT, its employees, or its subcontractors, if any, pursuant to this Agreement. The term "writings" includes, but is not limited to, handwriting, typewriting, computer files and records, drawings, blueprints, printing, photostatting, photographs, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, symbols, or combinations thereof;
7. AMENDMENTS. Modifications or amendments to the terms of this Agreement must be in writing and executed by both parties to be valid and enforceable.
8. NONDISCLOSURE OF CONFIDENTIAL INFORMATION. CONSULTANT must not, either during or after the term of this Agreement, disclose to any third party any confidential information relative to the work of CLIENT without the prior written consent of CLIENT.
9. DISCLOSURE. CONSULTANT shall provide CLIENT with full disclosure of any other clients that it is currently serving in Del Norte County, including a brief description of the nature of the work being performed. If CONSULTANT initiates service to new clients within Del Norte County during the term of this agreement, CONSULTANT shall disclose such service to CLIENT.
10. INDEPENDENT CONTRACTOR. In the performance of the services in this Agreement, CONSULTANT is an independent contractor and is not an agent or employee of CLIENT.
CONSULTANT, its officers, employees, agents, and subcontractors, if any, have no power to bind or commit CLIENT to any decision or course of action, and must not represent to any person or business that they have such power. CONSULTANT has the right to exercise full control of the supervision of the services and over the employment, direction, compensation, and discharge of all persons assisting CONSULTANT in the performance of said service hereunder.
CONSULTANT is solely responsible for all matters relating to the payment of its employees, including compliance with social security and income tax withholding, workers' compensation insurance, and all other regulations governing such matters.
11. NOTICE. Any notices or other communications to be given to either party under this Agreement must be in writing, delivered to the addresses set forth below, and will be effective, as follows:
46 (a) By personal delivery: Effective upon receipt by the addressee; or (b) By facsimile: Effective upon receipt by the addressee, so long as a copy is provided by certified U.S. mail, return receipt requested, postmarked the same day as the facsimile; or
(c) By certified U.S. mail, return receipt requested: Effective 72 hours after deposit in the mail (except as otherwise provided in Section 6(a)).
CLIENT: CITY OF SAN JOAQUIN
21900 Colorado Avenue
San Joaquin, CA 93660
Attn: City Manager
Phone: (559) 693-4311
FAX: (559) 693-2193
CONSULTANT: ADAMS ASHBY GROUP, INC
1000 Lincoln Rd, H212
Yuba City, CA 95991
Attn: Paul Ashby
Phone: (916) 449-3944
FAX: (916) 449-3934
Either party may change its address for notice purposes by complying with the notice procedures in this Section.
12. OWNERSHIP OF MATERIALS. CLIENT is the owner of all records and information created, produced, or generated as part of the services performed under this Agreement. At any time during the term of this Agreement, at the request of CLIENT, CONSULTANT shall deliver to CLIENT all writings, records, and information created or maintained pursuant to this Agreement. The term "writings" in this Section has the same definition as provided in Section 6(b)(ii). Any forms, software, and/or services provided and created by the CONSULTANT shall remain the property of the CONSULTANT. All documents or work created using these systems shall remain the property of the CLIENT. CLIENT has no rights to any of the CONSULTANTS intellectual property or an invention that may be a result of work performed by CONSULTANT.
13. DUTIES OF THE CLIENT: The CLIENT shall provide the CONSULTANT with all program files, records, and information pertinent to services to be performed hereunder. The CLIENT is responsible for monitoring CONSULTANT for conformity with grant requirements and shall promptly notify CONSULTANT of any fault or defect in the performance of CONSULTANT’S services hereunder.
14. BINDING AGREEMENT. This Agreement binds the successors of CLIENT and CONSULTANT in the same manner as if they were expressly named herein. 47 15. WAIVER.
(a) Effect of Waiver. Waiver by either party of any default, breach, or condition precedent may not be construed as a waiver of any other default, breach, or condition precedent or any other right under this Agreement.
(b) No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof will not affect in any way the right to require such performance at a later time.
16. NONDISCRIMINATION.
(a) In General. CONSULTANT must not discriminate in the conduct of the work under this Agreement against any employee, applicant for employment, or volunteer because of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, medical condition, or physical or mental disability. (b)Compliance With Laws. CONSULTANT must comply with all federal and state antidiscrimination and civil rights laws. (c) Posting Requirements. CONSULTANT agrees to post in conspicuous places, available to all employees and applicants for employment, notices that CONSULTANT will provide an atmosphere for employees, clients, and volunteers that is free from harassment or discrimination on the bases set forth in subsection 16(a).
17. INSURANCE.
(a) Required Coverage. CONSULTANT, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this Agreement the following described insurance coverage:
Policy Minimum Limits of Coverage
(i) Workers' Compensation Statutory
(ii) Comprehensive Automobile Bodily Injury/Property Damage Insurance Services Office, $100,000/300,000 BI each accident form #CA 0001 $25,000 PD
(iii) Errors and Omissions $1,000,000 per claim and $2,000,000 annual aggregate. (Not applicable to this
contract)
(b) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by CLIENT.
(c)Required Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
48 (i) For any claims related to this Project, the CONSULTANT'S insurance coverage will be primary insurance as respects CLIENT, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CLIENT, its officers, officials, employees, or volunteers will be in excess of the CONSULTANT'S insurance and will not contribute to it;
(ii) Each insurance policy required by this Section must be endorsed to state that coverage may not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after giving CLIENT 45 days' prior written notice by certified mail, return receipt requested. (d) Verification of Coverage. CONSULTANT must provide copies of all required insurance declarations, at the CLIENTS discretion, either upon request or prior to commencement of work.
19. WORKERS' COMPENSATION.
(a) Covenant to Provide. CONSULTANT warrants that it is aware of the provisions of the California Labor Code that requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code. CONSULTANT further agrees that it will comply with such provisions before commencing the performance of the work under this Agreement. (b) Waiver of Subrogation. CONSULTANT and CONSULTANT'S insurance company agree to waive all rights of subrogation against CLIENT, its elected or appointed officials, agents, and employees for losses paid under CONSULTANT'S workers’ compensation insurance policy which arise from the work performed by CONSULTANT for CLIENT.
20. INDEMNIFICATION. CONSULTANT shall indemnify, defend and hold harmless CLIENT, its officers, employees, elected officials and agents against and from any and all causes of action, claims, liabilities, obligations, judgments, awards or damages, including attorney’s fees, arising from the negligent or willful misconduct of CONSULTANT, its employees, officers or agents while performing its obligations under this Agreement.
21. CONFLICT OF INTEREST. CONSULTANT shall exercise reasonable care and diligence to prevent any actions or conditions which could result in a conflict with CLIENT'S interest.
CONSULTANT shall immediately notify CLIENT of any and all violations of this Section upon becoming aware of such violation.
22. TIME OF THE ESSENCE. CONSULTANT understands and agrees that time is of the essence in the completion of the work and services described in Section 2.
23. SEVERABILITY. If any court of competent jurisdiction or subsequent preemptive legislation holds or renders any of the provisions of this Agreement unenforceable or invalid, the validity and enforceability of the remaining provisions, or portions thereof, will not be affected. 49 24. GOVERNING LAW AND CHOICE OF FORUM. This Agreement must be administered and interpreted under California law as written by both parties. Any litigation arising from this Agreement must be brought in the Superior Court of Del Norte County.
25. COSTS AND ATTORNEYS' FEES. If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
26. MISCELLANEOUS PROVISIONS.
(a) Review of Records/Record Retention. CONSULTANT shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until five (5) years after the final payments under this Contract are made to CONSULTANT, or the resolution of any audits or lawsuits, whichever is later. (b) Other Federal and State Regulations. CONSULTANT will comply with all applicable Federal and State overlay requirements, particularly those described in Exhibits "C" of this contract.
(c) Other Insurance Requirements. CONSULTANT will maintain, if legally required, unemployment insurance, disability insurance reasonable to compensate for injuries or damages related to the activities of this Contract.
(d) State and Federal Monitoring. The State of California, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, Office of the Inspector General, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor or Subcontractor which are directly pertinent to this specific contract, for the purpose of making audit, examination, excerpts, and transcriptions from such records including, but not limited to, Contracts, invoices, materials, payrolls, records of personnel, conditions of employment and any other data relating to matters covered by this contract . Such access shall be granted at any time during normal business hours and as often as deemed necessary.
(e) Clean Air and Water Act. CONSULTANT shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, sub-contracts, and subgrants of amounts in excess of $100,000). (f) Energy Policy and Conservation Act. CONSULTANT shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871)
50 Executed by CLIENT and CONSULTANT on this _____ day of January 2025.
CITY OF SAN JOAQUIN:
Elizabeth Cabrera, City Manager
ADAMS ASHBY GROUP, INC:
______________________________
Paul Ashby, Principal Lorie Adams, Principal
APPROVED AS TO FORM:
Hilda Cantú Montoy, City Attorney
51 EXHIBIT A
SCOPE OF WORK
52 H. Scope of Work
As outlined in the Request for Proposal, the City of San Joaquin is seeking assistance with the administration and implementation of their current and future CDBG funded projects and programs. Based on our understanding, the City has an open grant and has also submitted applications that are pending award. Our firm is well qualified and ready to begin working on these contracts immediately to ensure the projects are implemented efficiently and responsibly.
Administration
Once funds are secured, grantees are responsible for complying with many conditions under the grant contract. Following these requirements strictly. will ensure your projects perform efficiently and within state/federal regulations. Projects and programs that are found to be out of compliance run the risk of not being eligible to reapply for grant funds in future years or even having to return funds to the S fate that may have already been spent. Below is a brief summary of the major tasks we would propose to assist your team in administering your CDBG grant contract.
Conduct all required public meetings and hearings
Most granting agencies require public hearings and meetings are held throughout the term of a grant agreement. These meetings are imperative to providing outreach to the community in the process of implementing state and federal funds. Our staff will ensure all notices are provided for publishing prior to deadlines and we will be available to attend. and lead hearings based on the needs of the City. Additionally, our team provides draft Council memorandum and draft resolutions (when required) to assist in training your team on the information needed and required to maintain citizen participation requirements. Many changes have been occurring at the State level regarding public outreach and affirmative marketing of programs.
Adams Ashby Group will assist you team in the development of the LEP (LIMITED ENGLISH PROFICIENCY) Requirements and implementation thereof to assure meeting HUD requirements.
Contract special conditions
Once the City has received an executed contract, staff will take the next steps in Clearing Conditions and submitting the General Conditions Clearance Process. This ensures that all special conditions are met to ensure compliance and funds are available in a timely manner.
Each agency requires its own specific conditions to be met dependent on the program or project. Our team has experience in a variety of requirements, which may include but not be limited to environmental compliance, project timelines, updated cost estimates, relocation plans, program and monitoring guidelines. and more. Additionally, we will stay in close contact with your state representative to ensure strong communication is maintained throughout project/program setup.
Program/ Monitoring Guidelines
The City will be required to establish training and monitoring guidelines for the Subrecipients under the contract. We will update the current program to include the new 2 CFR Part 200 Regulations and we will work with each agency to review the updated manual and provide on-site training with each subrecipient to ensure compliance with CDBG, Federal and State regulations under the contract. Additionally, the City will be required to monitor the subrecipient during the term of the contract. The guidelines have established the process and 53 provided the required forms and letters for implementation of this process. Adams Ashby Group will attend the monitoring and assure staff is maintaining the required records through clearance.
Procurement
The contract provided will require various types of procurement. Adams Ashby Group possesses the necessary resources to fulfill this task for the City. We are aware of the stringent procurement processes that are involved with any state and federal funds and realize the importance of obtaining competitive bids for various projects. We have experience in a variety of procurement fields and will assist with the request for proposal, solicitations, advertisements, and any other procurement issue the City may require assistance.
Program Reporting
A variety of reports are required for compliance with CDBG. The reporting timelines are established on a quarterly, semi-annual and annual basis. Our firm will send out a reminder 15 days prior to the end of the reporting period to ensure late reports do not result. Review of the reports, completing of the reports, or a shared approach will be reviewed as part of our relationship- this will ensure the training process will occur if staff is not yet ready to complete this part of the grant program process. Understanding reports is critical in ensuring a complete management process as much of the data required is collected ongoing throughout the program cycle. We will work c losely with your finance department to ensure all accounting is accurate and be a check and balance for this process.
Maintain all Fiscal Records
The City has the end responsibility of ensuring records and fiscal records are maintained and accurate. Adams Ashby Group will provide staff with a records system that will allow staff to manage these records. Additionally, we will keep a complete secondary set of records to ensure information is available upon request by the funding agency. Fiscal records will be requested and audited on a quarterly basis to ensure all financial data is accurate and recorded. We will additionally provide training and capacity building as needed.
Prepare Public Information File
Each funding source requires a document/recordkeeping system with specific files and forms to be available upon monitoring. It is critical these files are set up and managed from the beginning process - application through final close out. Maintenance of this system will ensure a smooth monitoring with the State or Federal agency. Additionally, the Federal Regulations require grant programs to be a public process. This includes the establishment and maintenance of a public information binder that is available to the public during regular office hours. Our team will work with staff to establish this binder for each program as required by the funding agency. As each program moves forward it is our goal to assist with the process and perform inspections of all required files to ensure consistency and accuracy.
Communication
With any grant program or project, it is critical to have strong coordination and clear communication between City staff and state/federal agencies. As your consultant, we will ensure that all parties involved will be clear of project logistics, tasks, responsibilities, and timelines. This coordination will allow City staff to stay abreast of all programs/projects, without devoting all of their time to such tasks. We work to ensure all emails are cc'd to appropriate 54 individuals, include staff on all correspondence with State and other agencies, and remain timely in our response.
Additionally, our team has developed strong relationships with many state and federal agencies throughout our professional careers. Having this background, will provide the City with an expertise of the intricacies of each program allowing for smoother projects and a bridge for communication should unforeseeable issues arise.
Oversee Equal Opportunity compliance
Each program requires compliance with equal opportunity laws to ensure discrimination has not occurred during the operation of a program. Adams Ashby Group will review all documents, advertising, and collect required data to adequately document compliance with the requirements.
Preparation of program records
Each funding source requires a document/recordkeeping system with specific files and forms to be available upon monitoring. It is critical these files are set up and managed from the beginning process - application through final close out. Maintenance of this system will ensure a smooth monitoring with the State or Federal agency. Additionally, the Federal Regulations require grant programs to be a public process. This includes the establishment and maintenance of a public information binder that is available to the public during regular office hours. Our team will work with staff to establish this binder for each program as required by the funding agency. As each program moves forward ii is our goal to assist as necessary with the process and we will perform Inspection of all required files to ensure consistency and accuracy.
Upon grant expiration, we will also meet with your staff to review the grant c loseout process and what the ongoing responsibilities of the City will be even though the grant is being close out. Such programs as CDBG require efficient record keeping for many years after the grant, as well as other requirements that will ensure your projects are maintained and serviced properly. Our firm will work with your staff and your current CDBG manual to make certain that each role is identified and CDBG expectations are being satisfied.
Monitoring and Audits
Our staff's goal is to build your files so that they are always ready to be monitored by HCD/HUD.
We are well versed in all aspects on monitoring visits and hove been a part of numerous of the past decades. Once the projects are completed, we do our own in-house audit of sorts that utilizes the HCD checklist so that you are in compliance before HCD visits you and reviews files.
We are also a lways available during the monitoring's to be on-site to help this process go smoothly.
Implementation / Activity Delivery
Our firm also provides consulting services that relate to labor compliance and ensuring Davis Bacon requirements are met for your public improvement projects. These requirements are extremely important and we have a staff that is experienced in ensuring compliance and educating contractors/subcontractors of the requirements. Our goal is to assist these contractors in effectuating compliance to ensure the City is protected for future audits and scrutiny by the Deportment of Labor and Department of Industrial Relations. 55 Below we have provided a general scope of work for a public improvement project:
• General Project Tasks
Review/Obtain DIR and DOL wage rates and classifications for job o Conduct craft matching process and provide highest wage rate for payment to contractor/City for CDBG review
Provide all required language for bid package and review all bid documents before publication
Verifying Contractor and Sub contractor Eligibility
Conduct Pre-Bid and Pre-Construction conference meeting and provide labor compliance job handbooks; Conduct training for Contractor and Subs Communicate and coordinate with General Contractor to obtain all certificates and authorization d ocuments for general and subs;
o Obtain Apprenticeship Program Certifications and Registration for General Contractor and all subs; This includes DIR and DOL Certifications and wage rates Complete all required reports to CDBG;
Maintain project file in compliance with funding sources:
• Payroll Reviews and Statement of Compliance
Obtain and review weekly certified payrolls
Obtain and maintain all required reporting documents for the funding sources Ensure compliance prior lo payment
Review construction logs and compare to payrolls submitted for compliance Review interview data a nd compare to payrolls submitted Verify Bona Fide Fringe Benefit plans and CAC payments
Reporting Documents
Section 3 Reports and data collection
Prepare Semi Annual Labor Standards Enforcement Reports , Final Wage Compliance Report
• Employee Interviews
Conduct employee interviews as needed
Mail interviews will also be used to collect trade/wage data from employees Over the years and working with multiple projects, we have developed a system of reporting to ensure compliance with each contractor. As payrolls and compliance documents are reviewed, we issue a Labor Compliance Report (LCR) that tracks the response for each item identified to be out of compliance. This ensures a tracking of each corrective action and response for audit purposes. This also communicates to the agency as well as the contract the issues that may slow payment for the project if not addressed. We make ourselves available as necessary and provide trainings and resources to assist them in reaching compliance as quickly as possible. We have found this has assisted in let time to clear the issues when payment requests come in as it is well tracked and managed.
Another time saver during this process is meeting with the general and sub-contractor's payroll staff at the pre-construction meeting. We request to schedule a lime with these individuals prior to the construction project review to have an in-depth conversation and meet with the staff that will actually be working with the payroll process. This opens the lines 56 of communication and sets forth the CDBG requirements at the beginning and with the correct person. We have found this system engages everyone at the start of the project and helps sustain compliance during the course of the project. We are able to answer questions early and with the complexity of CDBG - we are able to advise them of the variances to other federal projects and avoid the non-compliance.
At the conclusion of the project, our team will audit the labor compliance files, provide tabbed sections for audit ease, and provide the checklist for the file. If the project is selected for an audit our team will be available to answer questions and provide information as requested. We have recently experienced three HUD/HCD audits in our program documents and have been found to be the exceptional standard in project management with no findings or concerns being identified.
I. Knowledge of the City of San Joaquin
Adams Ashby Group. Inc. has been fortunate to work with the City of San Joaquin for over IO years. We have worked on a variety of programs and programs with a specific emphasis on your CDBG program. while securing millions of dollars for your community. The most recent grants we administered on your behalf were for the following:
• 18-CDBG-12917
• 20-CDBG-12059
• 21 -CDBG-NH-20001
• CARES-CDBG-CV Contracts
Water Well #6
Waterline Project
Gang Prevention Program
We hope that we managed these contracts to meet your expectations and believe we met the Sta te requirements for each. Our team believes we have developed a well working relationship with your staff and provide an assistance that is beneficial to your team in developing grant applications, managing reports. preparing staff reports and hearing notices, day to day phone calls and emails, etc. Our goal is to continue to this process with your team for the future CDBG projects that have been funded or are pending funding approval. We our confident that we bring a level of expertise unmatched in our field to these public improvement projects to help your community ensure funds are expended efficiently and timely.
EXHIBIT B
TERMS OF PAYMENT
CONSULTANT shall bill at an hourly rate up to and not exceeding the percentages calculated based on the grant award as listed below. An addendum will be provided for each awarded State Contract during the contract term. State Contracts already existing will be negotiated through completion and an addendum will be provided. Hourly rates are reviewed annually and may be adjusted not to exceed 10%.
57 F. Cost Proposal
We are providing an outline of our rates and standard costs based on the expected contracts. 2024 Cost Schedule Hourfv Rate
Principal $125.00
Support S tatf $85.00
We provide project contracts on a flal rate monthly billing for the period of the project schedule. If additional work is requested, it would be b illed on o Time and Materials basis using the above hourly rote schedule. No travel or additional charges ore being proposed. All costs are included in the amounts provided in the cost proposal and hourly rote. Should there be a delay in the construction of the project the Labar Compliance/Section 3 item would not be billed until the project was ready to move forward. General Administration would be billed for the full term of the contract with no delays or pausing. The final closeout billing would occur al the time of closeout for the contract or at the final expenditure dote. This cost covers all costs for closeout processes and audits.
All projects, programs. and awards will be proposed on project-by-project basis. For the current project under award, we would propose the following:
CDBG Contract (typical cost)
Project Administration and Implementation:
General Administration: $2.500 per month (fla t rote for the term of the project) Labor Compliance/Section 3: $3.000 per month (60 days after contract executions with the Slate)
Closeout Billing: $10,000 al the end of the project term • All project costs are within the allowance of the grant funding Grant Application(s)
Gront applications will be negotiated prior to application preparation should the City wish to seek funding for future project(s)/Progrom(s). Application development and coordination vary depending on the funding source. Special reports, environmentals and other supportive analysis ore excluded from the cost estimates provided below.
A list of standard applications is provided below far reference:
CDBG OTC Application: $5,000 - $8,500
CDBG Planning Grant Application: $3,500
CDBG Service Application: $5,000 - $7,500
USDA Project Applications: $8,500-12,500
HOME Program Applications: $3,500
HOME Project Applications: $12.500
Other Applications: $4,000. $12,500
Other Services provided at additional costs:
Income Survey, Environmentals, o ther reports and assessments not included in the standard process of a contract.
EXHIBIT C
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
REQUIRED CONTRACT LANGUAGE
FEDERAL TERMS AND CONDITIONS:
During the performance of the contract, the Contractor must agree to comply with all applicable Federal laws and regulations including but not limited to the following:
AFFIRMATIVE ACTION:
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the United States Department of Housing and Urban Development (HUD) and subject to 24 CFR 85.36(e). The CITY hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged, minority and women's business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Minority and women-owned and operated businesses encouraged to apply.
SECTION 3:
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the HUD, Community Development Block Grant Program, and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and moderate income persons residing within the project area and that the contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the area of the project. Regulations for implementing the Section 3 clause are contained in 24 CFR 135, as amended, and as specified in the project specifications.
NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
EQUAL OPPORTUNITY:
58 During the performance of this Contract, the Contractor agrees as follows:
1. The Contractor with comply with Executive Order 11246 of September 24, 1965 entitled Equal Employment Opportunity as amended by Executive Order 11375 of October 1967 as supplemented in Department of Labor regulations (41 CFR chapter 60).
2. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City Setting forth the provisions of this nondiscrimination clause.
3. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
8. The Contractor shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed.
Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such 59 form, as the Secretary of Labor may prescribe.
9. Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract.
10. Whenever the Contractor or subcontractor has a collective bargaining agreement or other Contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information.
11. The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require.
12. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
CONFLICT OF INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF
CONTRACTORS, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS: Pursuant to
24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one (1) year thereafter. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this Section. 60 INSURANCE: Maintenance, if so
required by law, unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the grant activity(ies) or any part of it.
DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISE FEDERAL REGULATORY REQUIREMENTS UNDER 24 CFR 85.36(e): The
Contractor will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.
1. Affirmative steps shall include:
i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; v. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
COPELAND “ANTI-KICKBACK” ACT (18 U.S.C. 874):
Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).
COMPLIANCE WITH ALL FEDERAL LABOR STANDARD PROVISIONS: Contractor shall comply with all provisions contained in the form HUD-4010, Federal Labor Standards Provisions.
COMPLIANCE WITH SECTIONS 103 AND 107 OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327-330):
Contractor will comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). Requires the contracting officer to insert the clauses set forth in 29 CFR part 5, Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) REQUIREMENTS AND REGULATIONS PERTAINING TO DATA AND DESIGN:
All data and design and engineering work created under this Agreement shall be owned by the City and shall not be subject to copyright protection. The rights to any invention which is developed in the course of this Agreement shall be the property of the City.
REQUIREMENTS AND REGULATIONS PERTAINING TO REPORTING:
The City, State CDBG, HUD and the Comptroller General of the United States or any of their duly authorized representatives shall be granted access to any books, documents, papers and records of Contractor which are directly pertinent the contract.
COMPLIANCE WITH CLEAN AIR ACT AND CLEAN WATER ACT:
61 Contractor shall comply with all applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h).
1. Contractor shall comply with all applicable standards, orders and requirements issued under Section 508 of the Clean Air Act (33 U.S.C. 1368).
2. Contractor shall comply with Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15).
COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT (Pub. L. 94-163, 89 Stat. 871):
The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163,89 Stat. 871).
D/MBE/WBE IMPLEMENTATION GUIDELINES:
The following information, as applicable, shall be retained by Contractor and produced upon request by General Services if determined by General Services to be necessary to establish the bidder's "good faith efforts" to meet the Disadvantaged/Minority/Women Business Enterprise (D/M/WBE) requirements.
1. The names and dates of advertisement of each newspaper, trade paper, and minorityfocus paper in which a request for D/M/WBE participation for this project was placed by the bidder.
2. The names and dates of notices of all certified D/M/WBEs solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the D/M/WBEs were interested.
3. The items of work for which the bidder requested subbids or materials to be supplied by D/M/WBEs, the information furnished interested D/M/WBEs in the way of plans, specifications and requirements for the work, and any breakdown of items of work into economically feasible units to facilitate D/M/WBE participation. Where there are D/M/WBEs available for doing portions of the work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work available for D/M/WBEs to bid on.
4. The names of D/M/WBEs who submitted bids for any of the work indicated in (3) above, which were not accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. If the reason for rejecting the D/M/WBE bid was price, give the price bid by the rejected D/M/WBE and the price bid by the selected subcontractor or supplier.
5. Assistance that the bidder has extended to D/M/WBEs identified in (4) above to remedy the deficiency in their sub-bids.
6. To find a D/M/WBE certified firm, you may call (916) 445-3520, go on-line to:
http://www.dot.ca.eov/hq/bep, or via mail at: D/M/WBE Listing for County, CalTrans - Publications Distribution Unit, 1900 Royal Oaks, Sacramento, CA 95815-3800.
AUDIT, RETENTION AND INSPECTION OF RECORDS:
The Contractor agrees that the (City/County), the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. The Contractor agrees to provide any relevant information requested and shall permit the (City/County), the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing 62 employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with California Public Contract Code (PCC) Section 10115 et seq., Government Code (GC) Section 8546.7 and 2 CCR 1896.60 et seq.
The Contractor further agrees to maintain such records for a period of five (5) years after final payment under this Agreement, and that on or before the end of the five (5) year audit/retention period, the Consultant shall release and deliver to the (City/County) all original records and related documentation.
63 REPORT TO COUNCIL
CITY COUNCIL MEETING OF JANUARY 13, 2025
TO: Mayor and Council
FROM: Hilda Cantú Montoy, City Attorney
SUBJECT: Seventh Amendment to Employment Agreement With City Manager RECOMMENDATION:
Council is asked to consider and determine whether to adopt Resolution No. 2025-03 approving a Seventh Amendment to Employment Agreement with City Manager.
SUMMARY:
The City Manager’s Employment Agreement includes provisions for cashing out accrued vacation subject to the maximum cash out under the Personnel Rules and Regulations. The City Manager has requested a one-time cash out of 80 hours.
Brown Act Announcement:
As required by the Brown Act (Government Code § 54953 (c) (3)), prior to taking action on this item, the Council must publicly announce a summary of the action being considered.
Announcement by Mayor–
If adopted, the proposed resolution will approve the Seventh Amendment to Employment Agreement with City Manager effective January 14, 2025, as follows:
The City Manager is authorized a one-time cashout of 80 hours for the pay period ending on January 17, 2025.
ATTACHMENTS:
1. Resolution approving Seventh Amendment to Employment Agreement With City Manager.
a. Exhibit A: Seventh Amendment to Employment Agreement with City Manager 64 RESOLUTION NO. 2025-03
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JOAQUIN APPROVING A SEVENTH AMENDMENT TO
EMPLOYMENT AGREEMENT WITH CITY MANAGER
WHEREAS, On July 1, 2016, the City and City Manager entered a two-year At-Will Employment Agreement (“Agreement”); and
WHEREAS, the Agreement has been amended as follows: First Amendment on July 1, 2018; Second Amendment on July 1, 2019; Third Amendment on July 1, 2021; Fourth Amendment on July 1, 2022; Fifth Amendment on July 1, 2023; Sixth Amendment on July 1, 2024; and
WHEREAS, the City Council wishes to authorize a request by the City Manager for a onetime vacation cashout; and WHEREAS, the City Council and City Manager desire to amend the Agreement to effectuate the request.
NOW, THEREFORE, the City Council of the City of San Joaquin hereby resolves as follows:
1. The above recitals are true and correct.
2. The City Council approves the Seventh Amendment to Employment Agreement with City Manager attached hereto as Exhibit A and incorporated by reference.
3. This resolution is effective immediately upon adoption.
The foregoing resolution was adopted at a regular meeting of the City Council of San Joaquin held on the 13th day of January 2025, and adopted at said meeting by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The forgoing resolution is hereby approved.
___________________________________
Adam Flores-Cornejo, Mayor
________________________________________
Matt Flood, City Clerk
65
SEVENTH AMENDMENT
TO EMPLOYENT AGREEMENT WITH CITY MANAGER
The City of San Joaquin (“City”) and Elizabeth Cabrera (“City Manager”) (collectively referred to as “Parties”), agree to enter into a Sixth Amendment to Employment Agreement as follows:
RECITALS
WHEREAS, City and Elizabeth Cabrera (former name Elizabeth Nunez) entered into an Employment Agreement (“Agreement”) effective July 1, 2016; and WHEREAS, the parties entered into a First Amendment to the Agreement, effective July 1, 2018; and
WHEREAS, the parties entered into a Second Amendment to the Agreement, effective July 1, 2019; and
WHEREAS, the parties entered into a Third Amendment to the Agreement, effective July 1, 2021; and
WHEREAS, the parties entered into a Fourth Amendment to the Agreement, effective July 1, 2022; and
WHEREAS, the parties entered into a Fifth Amendment to the Agreement, effective July 1, 2023; and
WHEREAS, the parties entered into a Sixth Amendment to the Agreement, effective July 1, 2024; and
WHEREAS, the parties desire to enter a Seventh Amendment to Agreement to authorize a one-time cash-out of vacation.
AGREEMENT
1. The foregoing recitals are true and correct and incorporated by reference.
2. Section 6c of the Agreement provides as follows:
VACATION: City Manager shall accrue vacation at a rate of 13.34 hours per month up to a maximum accrual of two hundred hours. Manager’s monthly accrual shall be prorated to take into account any time that she is in an unpaid status. Nunez shall be allowed to use vacation leave and cash out 80 hours in the same manner as other City employees under the City’s Personnel Rules and Regulations.
Notwithstanding the foregoing, Nunez will be allowed to cash out up to two 66
hundred hours which were accrued through June 30, 2022. Beginning July 1, 2022, City Manager will be subject to the two hundred hour accrual and will be subject to the maximum cash out under the Personnel Rules and Regulations.
3. Notwithstanding the language in Section 6c of the Agreement, the City Council authorizes Employee to take a one-time cash out of 80 hours for the pay period ending on January 17, 2025.
4. Except as amended by this Seventh Amendment, all terms and conditions of the Employment Agreement shall continue in full force and effect.
5. This Seventh Amendment to Employment Agreement and the terms herein shall be effective on January 14, 2025.
IN WITNESS WHEREOF, the City of San Joaquin has caused this Agreement to be executed on its behalf by its Mayor and duly attested by its City Clerk, and Elizabeth Cabrera has signed and executed this Seventh Amendment to Employment Agreement on the day and year written below.
CITY OF SAN JOAQUIN
_____________________________
Adam Flores-Cornejo, Mayor
Date: ________________________
CITY MANAGER
_____________________________
Elizabeth Cabrera, City Manager
Date: ________________________
ATTEST:
_____________________________
Matt Flood, City Clerk
APPROVED AS TO LEGAL FORM:
_____________________________
Hilda Cantú Montoy, City Attorney
67