Sanger City Council
May 2, 2024

CONTRACTOR AGREEMENT BETWEEN THE CITY OF SANGER
AND WASTEWATER SOLIDS MANAGEMENT CO, INC.

THIS AGREEMENT is made on May 2, 2024, by and between the CITY OF SANGER , a municipal corporation of the State of California, ( “City”) and Wastewater Solids Management Co, Inc. (“Contractor”).

RECITALS

A. The City wastewater treatment plant has an anaerobic digester that needs immediate rehabilitation and requested quote.

B. Contractor submitted a quote and represented that it is qualified, able, and willing to provide the necessary services under this Agreement.

C. After review and consideration, City desires to enter a contract with Contractor to provide said services.

AGREEMENT

NOW, THEREFORE, the parties incorporate the foregoing recitals and agree as follows:

1. Services. Contractor agrees to perform the services herein set forth at the compensation and upon the terms and conditions herein expressed, and Contractor hereby agrees to perform such services for said compensation, and upon said terms and conditions City hereby authorizes Contractor to commence work.

2. Obligations, duties and responsibilities of Contractor. It shall be the duty, obligation and responsibility of the Contractor, in a skilled and professional manner, to perform, furnish and supply to the City the services and supplies in accordance with the service requirements set forth in EXHIBIT A titled “Sanger Wastewater Facility – Digester Rehabilitation” attached hereto and incorporated by reference.

3. Compensation.

A. Payment. Contractor shall provide an invoice to the City for Services completed. Compensation shall be made for Services identified in the invoice that the City in its sole discretion, concludes has been satisfactorily performed. Payment shall be made within thirty (30) calendar days of receipt of the invoice unless the City notifies the Contractor that a dispute as to the invoice exists. Compensation for this Agreement shall not exceed Two Hundred Fifty-Seven Thousand, Nine Hundred and Sixty Dollars and no cents $257,960.00.

B. Payment Limited to Satisfactory Services. Payments to Contractor by City shall not excuse Contractor from its obligation to replace unsatisfactory deliverables, including equipment, components, materials, or services even if the unsatisfactory character of such deliverables, equipment, components, materials, or Services may not 129

have been apparent or detected at the time such payment was made. Deliverables, equipment, components, materials, and services that do not conform to the requirements of this Agreement may be rejected by City and in such case must be replaced by Contractor without delay at no cost to the City.

C. Withhold Payments. If Contractor fails to provide Services in accordance with Contractor’s obligation under this Agreement, the City may withhold any and all payments due Contractor until such failure to perform is cured, and Contractor shall not stop work as a result of the City’s withholding of payments as provided herein.

D. Audit and Inspection of Records. Contractor agrees to maintain and make available to the City, during regular business hours, accurate books and accounting records relating to its Services. Contractor will permit City to audit, examine, and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records or personnel and other data related to all other matters covered by this Agreement, whether funded in whole or in part under this Agreement. Contractor shall maintain such data and records in an accessible location and condition for a period of not fewer than five years after final payment under this Agreement or until after final audit has been resolved, whichever is later. The State of California or any Federal agency having an interest in the subject matter of this Agreement shall have the same rights as conferred upon City by this Section. Contractor shall include the same audit and inspection rights and record retention requirements in all subcontracts.

4. Effective Date and Term of Agreement. This Agreement shall be effective on May 2, 2024, and shall continue in full force and effect through June 30, 2024, unless otherwise terminated earlier by one of the parties pursuant to Section 7 of this Agreement.

5. Independent Contractor . In the furnishing of the services provided herein, the Contractor is acting as an independent contractor and not as an employee of the City. Contractor acknowledges and agrees that at all times, Contractor or any agent or employee of Contractor shall be deemed at all times to be an independent contractor and is wholly responsible for the manner in which it performs the services and work requested by City under this Agreement. Contractor , its agents, and employees will not represent or hold themselves out to be employees of the City at any time. Contractor or any agent or employee of Contractor shall not have employee status with City, not be entitled to participate in any plans, arrangements, or distributions by City pertaining to or in connection with any retirement, health, or other benefits that City may offer its employees.

Contractor or any agent or employee of Contractor is liable for the acts and omissions of itself, its employees, and its agents. Contractor shall be responsible for all obligations and payments, whether imposed by federal, state, or local laws, including, but not limited to, FICA, income tax withholdings, unemployment compensation, insurance, and other similar responsibilities related to Contractor’s performing services and work, or any agent or employee of Contractor providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between City and Contractor or any agent or employee of Contractor . Any terms in this Agreement referring to direction from City shall be construed as providing for direction as to policy and the result of Contractor’s work only, and not as to the means by which such a result is obtained. City does not retain the right to control the means or the method by which Contractor performs work under this Agreement.
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6. Insurance and Indemnity.

6.1. Indemnification and Waivers. Contractor shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor ’s performance of its obligations under this agreement or out of the operations conducted by Contractor, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this agreement, the Contractor shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

6.2. Insurance . During the term of this Agreement, Contractor shall maintain, keep in force and pay all premiums required to maintain and keep in force liability and property damage insurance. The limits of such policy shall be as required by the City of Sanger. A copy of the City’s requirements for such insurance coverage is attached hereto as EXHIBIT B.

6.3 Survival . The Terms of this section 6 shall survive the termination of this Agreement.

7. Termination.

7.1 This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, Contractor shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.

7.2 City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:

a. An illegal use of funds by Contractor;
b. A failure by Contractor to comply with any material term of this Agreement;
c. A substantially incorrect or incomplete report submitted by Contractor to City.

In no event shall any payment by City or acceptance by Contractor constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of Contractor the repayment to City of any funds disbursed to Contractor under this 131

Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

All notices shall be mailed to the City:

City of Sanger
Public Works
1700 7
th Street
Sanger, CA 93657

To Contractor:

Wastewater Solids Management Co, Inc.

Victoria E. Prince, General Manager
P.O. Box 1387
Lincoln, CA 95648

8. Compliance with Laws.

8.1 Laws Incorporated by Reference. Contractor will comply with all applicable federal, state, and local laws in performing this Agreement. The full text of the laws listed in this Section, including enforcement and penalty provisions, are incorporated by reference into this Agreement. Contractor represents and warrants to the City that it has and will keep in effect during the term of this Agreement all licenses (including but not limited to, the City Sanger business license), permits, and approval of whatever nature which are legally required to perform Contractor’s services.

8.2 Prevailing Wages . Contractor shall comply with State of California prevailing wages laws.

8.3 Conflict of Interest. By executing this Agreement, Contractor certifies that it does not know of any fact which constitutes a violation of Title 9, Chapter 7 of the California Government Code (Section 87100 et seq.), or Title 1, Division 4, Chapter 1, Article 4 of the California Government Code (Section 1090 et seq.), and further agrees promptly to notify the City if it becomes aware of any such fact during the term of this Agreement.

8.4 Proprietary Information. In the performance of Services, Contractor may have access to City’s proprietary or confidential information, the disclosure of which to third parties may damage City. If City discloses proprietary or confidential information to Contractor, such information must be held by Contractor in confidence and used only in performing the Agreement. Contractor shall exercise the same standard of care to protect such information as a reasonably prudent Contractor would use to protect its own proprietary or confidential information.

8.5 Nondiscrimination Requirements . Contractor shall comply with all state and federal laws in the administration of this Agreement. 132

8.6 Alcohol and Drug-Free Workplace. City reserves the right to deny access to, or require Contractor to remove from, City facilities personnel of any Contractor or subcontractor who City has reasonable grounds to believe has engaged in alcohol abuse or illegal drug activity which in any way impairs City’s ability to maintain safe work facilities or to protect the health and well-being of City employees and the general public. City shall have the right of final approval for the entry or re -entry of any such person previously denied access to, or removed from, City faci lities. Illegal drug activity means possessing, furnishing, selling, offering, purchasing, using or being under the influence of illegal drugs or other controlled substances for which the individual lacks a valid prescription. Alcohol abuse means possessing, furnishing, selling, offering, or using alcoholic beverag es, or being under the influence of alcohol.

8.7 Public Records Act. Contractor acknowledges that this Agreement and all records related to its formation, Contractor’s performance of services, and City’s payment are subject to the California Public Records Act, (California Government Code §6250 et seq.). Such records are subject to public inspection and copying unless exempt from disclosure under federal, state, or local law.

9. GENERAL PROVISIONS

9.1 Notices. All notices and communications from the Contractor shall be to Public Works Operations Manager. All written notices shall be provided and addressed as indicated above.

9.2 Assignment. Neither the City nor the Contractor will assign its interest in this Agreement without the written consent of the other.

9.3 Entire Agreement. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written provisions. Any changes to this Agreement requested by either City or Contractor may only be affected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such a writing.

9.4 Attorney’s Fees. In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorney’s fees to the successful party in an amount to be fixed by the Court.

9.5 Governing Law. The laws of the State of California shall govern the rights and obligations of the parties under this Agreement, including the interpretation of the Agreement. If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.

10. Governing Law, Jurisdiction, Venue . The formation, interpretation, and performance of this Agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation, and performance of this Agreement shall be 133

in the County of Fresno.

11. Waiver. In the event that either party waives any breach of this Agreement, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other term, condition, or obligation.

12. Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to the effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. This Agreement shall be effective upon transmission by any Party to the other parties of a fully signed facsimile copy of the Agreement after the formal approval by the governing body of the City. In case of any conflict, the counterpart maintained by the City shall be deemed to be determinative.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

CITY OF SANGER CONTRACTOR

By: _______________________________ By: _______________________________ Nathan Olson, City Manager

Date: _____________________________ Date: _____________________________

ATTEST:

By: _______________________________
Becky Padron, City Clerk

APPROVED AS TO FORM:

By: _______________________________
Hilda Cantú Montoy, City Attorney

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EXHIBIT A

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A DMINISTRATIVE OFFICE ACCOUNTING OFFICE CORPORATE OFFICE P.O. BOX 430 P.O. BOX 13 8 7 P.O. BOX 1387 YACHATS, OR 97498 LINCOLN, CA 95648 LINCOLN , CA 95648 (541) 547 - 3213 PHONE
(541) 971 - 4571 FAX

April 18, 2024
Mr. Sylvester Perez
City of Sanger
1700 7th St.

Sanger, CA 93657
(559) 876-3952
(559) 875-8770
[email protected]

Dear Mr. Perez:

Thank you for your continued interest in Wastewater Solids Management, Inc. We are a corporation with over 40 years cumulative experience in digester/lagoon cleaning and biosolids management. We are pleased to provide this estimate for the removal of solids from the anaerobic digester at the City of Sanger Wastewater Treatment Facility.

Above all else we are concerned with safety on the job and closely follow the OSHA rules and regulations set forth for maintenance activities. These procedures include lock out/tag out and confined space entry among others.

Attached is a proposal for tank cleaning, options for both pumping and mechanical dewatering, and on-site removal services. The scope of work has been prepared based on the data provided by yourself and Mr. Padilla, however, if there is anything which needs to be corrected, please let me know. Our anticipated project duration is approximately one week of operations for the pumping of the material to your onside drying beds or approximately five weeks of operations for the removal, mechanical dewatering and stockpiling of the material from the structure s onsite. We have assumed sufficient space for staging of equipment adjacent to the tanks as well as sufficient onsite storage/stockpiling space for the liquid (Option 1) or dewatered (Option 2) sludge material . Prevailing wage determinations have been included for both options.

If you have any questions or require any further information, please advise by contacting (541) 547-3213 or ( 916) 425- 0531. We look forward to this opportunity to work with you.

Respectfully submitted,

Victoria E. Prince
General Manager
Wastewater Solids Management Co., Inc.
[email protected]

www.wastewatermanagement.com

Enclosures: quotation / agreement

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– 2 – April 18, 2024

City of Sanger
Request for Proposal
Sanger Wastewater Facility – Digester Rehabilitation

 ESTIMATION DATE : APRIL 18, 2024  Option 1, cleaning and onsite transfer:

Mobilization/Demobilization: $ 4,520.00
Digester Cleaning & Solids Transfer: $ 33,170.00
Project T otal, Option 1: $ 3 7,690.00
Option 2, cleaning, dewatering and onsite stockpiling:

Mobilization/Demobilization: $ 8,510.00
Digester Cleaning & Dewatering $ 249,450 .00
Project T otal, Option 2: $ 257 ,960.00
 Description:

 Option 1: Digester Cleaning & Onsite Transfer:

Wastewater Solids Management Co., Inc. will remove all sludge, grit, sand, rags, plastics, grease and other miscellaneous debris from the digester structure and transfer the material to onsite drying beds utilizing hydraulic, submersible pump technology.

 Option 2: Digester Cleaning & Solids Dewatering:

Wastewater Solids Management Co., Inc. will remove all sludge, grit, sand, rags, plastics, grease and other miscellaneous debris from the digester structure utilizing hydraulic, submersible pump technology. The material will be passed across a 3/16” capture rotary step screen. The screenings material will be washed, compacted and deposited in roll off bins provided by the City of Sanger or their agent for off site disposal under their existing grit/rag disposal contract. The screened sludge material will be transferred to a mixing type tank and fed to a 2.0 m belt press unit. The material will be dewatered with the filtrate being discharged back to the plant at a point designated by plant personnel. The dewatered sludge cake will be stockpiled onsite for disposal by the City of Sanger. WWSMC will hydro- wash the interior of the structures at the City of Sanger Wastewater Treatment Plant utilizing high volume water (300 gpm, 80 psi). Hydro- washing services will remove sludge and other material from the interior surfaces of the digester structure, however, some closely adhered materials may remain upon completion. (Struvite, vivianite, etc.). Wastewater Solids Management Co., Inc. will provide these services with the following provisions:

 Digester Dimensions: 70’ D; 30’ SWD; (0.75 MG/26’ in situ vol.)  Max. vol.: 750,000 gallons; 1,530 WT max dewatered vol.  Minimum top & side accesses: 30” D
 < 6% solids concentration
 Coned bottom surface or sump available
 < 1,000 ft. to staging, processing and filtrate return point  Min. Filtrate Return: 200 gpm; Max Filtrate Conc. 500 mg/L  Prevailing wage determinations included
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– 3 – April 18, 2024

This will include all labor and materials except as listed below.

 City of Sanger or their agent will provide the following:
 150 amps, 480 V, 3 phase power available
 Water available: 300 gpm, 75 psi (#2 or #3 water)
 Remove/replace access hatch covers
 Roll-off bins for transport and disposal of screenings (Option 2 only)  Sufficient staging area for WWSM, Inc. equipment
 Sufficient drying bed space for dewatered sludge cake (Option 2 only)  Equipment for moving dewatered solids away from conveyor area, as needed (Option 2 only - front end loader, backhoe or other)  Equipment for the unloading and placement of WWSM, Inc. equipment (backhoe, grade all, reach lift or other).
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– 4 – April 18, 2024

Integrated Agreement
Between City of Sanger and Wastewater Solids Management Co., Inc.

This agreement with attachments of addends, represents the entire and integrated agreement between City of Sanger and Wastewater Solids Management Co., Inc. and supersedes all prior negotiations, representations or agreements, written or oral. However, the proposal submitted by Wastewater Solids Management Co., Inc. and related documents establish the background and framework in which the contract was prepared and do set f orth the expectations of each party to the contract. This agreement may be amended o nly by written instrument signed by both City of Sanger and Wastewater Solids Management Co., Inc.

Dated this the _18 th _ day of __April _, 20 24

_________________________________ __________________________________ City of Sanger Wastewater Solids Management Co., Inc.

_________________________________ _General Manager ______________ Title Title

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Ex. B – Page 1 of 2

EXHIBIT B

Insurance Requirements for Contractors

Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance

Contractor shall maintain limits no less than:
 $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01.

General liability policies shall be endorsed using ISO forms CG 20 10 and CG 20 37 to provide that the City and its officers, officials, e mployees and agents shall be additional insureds under such policies.
 $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
 Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Maintenance of Coverage
Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Contractor shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endors ements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the 140
Ex. B – Page 2 of 2
Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A - (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Enforcement of Contract Provisions (non estoppel)
Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.

Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Contractor.

Notice of Cancellation
Contractor agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self -insured retentions be eliminated, lowered or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

Timely Notice of Claims
Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.

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RESOLUTION NO. 2024-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER APPROVING A 2023-2024 FISCAL YEAR BUDGET AMENDMENT FOR THE APPROPRIATION OF

FUNDS FOR THE ANAEROBIC DIGESTER PROJECT

WHERAS, the City of Sanger Annual budget requires midyear amendments to adjust the estimated revenues and appropriations to reflect the City’s financial plan; and WHEREAS, the annual budget contains the estimated revenue and appropriations necessary to implement the City Council’s policies, goals and objectives; and WHEREAS, during the fiscal year, unforeseen circumstances, changed economic conditions or spending priorities may require budget adjustments; and WHEREAS, the City Council of the City of Sanger does hereby find that it would be in the best interest of the City to revise the estimated revenues and appropriations; and WHEREAS, a budget amendment appropriating funds in the amount $260,000 is necessary to record the appropriation of the funds for the Anerobic Digester Project.

NOW THEREFORE, IT IS HERBY RESOLVED by the City Council of the City of Sanger that the Annual Budget be amended as set forth in Exhibit “A” for Revenue Adjustments and Appropriation Adjustments which are attached hereto and incorporated herein by reference and are herby approved, and the Administrative Services Director or his designated staff is hereby authorized and directed to record the appropriate accounting entries. ***************
The foregoing Resolution was considered by the City Council for the City of Sanger, California, at a regular meeting of said Council on the 2
nd day of May 2024 and adopted by the following
vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Rebeca Padron , City Clerk
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EXHIBIT "A"
City of Sanger Accounting Use Only
Fiscal Impact of Proposed Resolution and Budget Adjustment Number:

Budget Adjustment approved by Council
Resolution Number: 2024 - ______
Date: May 2, 2024
Reason for change in appropriation:

Appropriation for Aneraobic Digester Cleaning and Dewatering Project from Sewer Fund Balance Estimated Additional Appropriations:

Fund Dept. Prgm Object Appropriation
Fund Name No. No. No. No. Amount
Sewer Operations Fund 621 070 501 7*** 260,000.00$
Total Requested Appropriation: 260,000.00$
Current 2023-2024 Appropriation: -$
Adjusted Total Appropriation: 260,000.00$
Estimated Revenues Available:

Fund Dept. Prgm Object Est. Revenue
Fund Name No. No. No. No. Amount
Total Estimated Additional Revenue: -$
Current 2023-2024 Estimated Revenue: -$
Adjusted Total Estimated Revenue: -$
Signature _____________________________________________________________Date: ___________________ Director's Signature ________________________________________________ Date: ___________________ Administrative Services Director's Signature _______________________________Date: ___________________ 143
Prepared by: __Greg Tarascou___________ Approved by: _________________________

REVIEW: City Manager: _NCO__ Finance: _______ City Attorney: __HCM____ TYPE OF ITEM: COUNCIL ACTION:  APPROVED  DENIED  NO ACTION _X__ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: May 2, 2024

Agenda Item No.: G-6

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Councilmembers
From: Greg Tarascou, Fire Chief
Subject: School Partner Program with Sanger Unified School District Attachments: Memorandum of Understanding between Sanger Unified School District and the City of Sanger

CONFLICT OF INTEREST:

None.

RECOMMENDATION:

Staff recommends that the City Council approve the agreement bet ween the City of Sanger and the Sanger Unified School District (SUSD) for the School Partner Program and authorize the City Manager to sign the documents on behalf of the City.

EXECUTIVE SUMMARY:

This agreement between the City and SUSD is to facilitate a program where high school students that are currently enrolled into the Valley ROP Urban/Rural Fir efighting Program and Public Safety (Law Enforcement) Program at Sanger High School can work within the Fire and Police Departments during the summer months. This program is funded by SUSD for up to 100 hours per Student Intern to work within the Fire and Police Departments that allows the students to gain valuable work experience during the summer while providing supervised activities to the public.

This contract previously provided for a term of one year, this new contract provides a term of three years.

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BACKGROUND:

The Valley ROP Urban/Rural Firefighting Program was first created in 2010 after an award of over $1.2 million dollars was received by the City through the Federal Emergency Management Agency’s Assistance to Firefighter’s Grant program. This collaboration betw een the City and Valley ROP has grown tremendously, where five different Central Valley high schools participate in the Urban/Rural Firefighting Program held at either Sanger High or Dinuba High School. Since its inception, the Urban/Rural Firefighting Program has provided an avenue for almost two dozen Central Valley high school students careers into the California Fire Service.

Similarly, the Public Service pathway provided by Valley ROP provides students at Sanger High School with an introductory class to law enforcement with the Criminal Justice class at the Junior level and Crime Scene Investigations during their Senior year. These classes are designed to explain the hierarchy and inner workings of the juvenile and adult criminal systems in California and the study of criminal investigative techniques and analysis. To give context, in the Sanger Unified system there were 147 students enrolled into the Criminal Justice program, 63 students in the Crime Scene Investigation program and 16 students in the Urban/Rural Firefighter Program in the 2021-22 school year.

This program is similar to the City’s past Fire Student Intern program. Pre -pandemic, the City hired students from the Valley ROP program to work in the fire station as interns where they would have tasks such as City fire hydrant maintenance but also work within the fire station. When on duty, they would also be placed as a member of the crew for the day, participating in the daily activities of full-time firefighters.

This is like the Fire Department’s Fire Explorer program, where students are allowed to participate in the daily activities, but not allowed to be considered a safety member of the suppression crew and their activities are limited in scope due to safety factors. This proposed program would be consistent with our past Student Intern and Fire Explorer programs. While they are considered extra help, they cannot be used to fill vacant shifts or meet minimum staffing requirements. In the Police Department the interns will be assigned to the property evidence division, assisting Police Officers and staff with cataloguing and with the inventory of property evidence assigned to crime.

REASON FOR RECOMMENDATION:

Not applicable.

FISCAL IMPACT:

This program is funded by SUSD, so no direct costs will be attributed to this program.

ALTERNATIVES:

Do not approve this agreement and the City will not utilize these students.

ACTIONS FOLLOWING APPROVAL:

Upon approval, the agreement will be signed by the City Manager.

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1 Memorandum of Understanding
Between Sanger Unified School District and Industry Partner for School Partner Program.

This Memorandum of Understanding (“MOU”) provides for a cooperative agreement between Sanger Unified School District (“SUSD”) and the City of Sanger (“Industry Partner”) to collaborate on the School Partner Program.

Whereas SUSD and this Industry Partner wish to collaborate to provide youth with a meaningful work-based learning experience for program participants, SUSD and this Industry Partner enter into the following MOU for the period of June 7, 2024 to June 30, 2027
Sanger USD agrees to:
● Provide work-readiness training to support skill building and professionalism. ● Inform high school students of all rules, regulations, of Sanger USD and training site. ● Correlate the job-related classroom instruction with the learning experiences of the training site. ● Assist in the resolution of the student’s school or site-related problems that are affecting the site- related performance of the student.
● Provide the site with a training plan.
● Verify training plan, class relationship, and community site activities. ● Accept the responsibility and status as the legal employer of all students placed in job sites on a non- paid status.
● Provide and maintain worker’s compensation coverage for the high school and/or adult students’ instructional program. Under no circumstances shall the Industry Partner be considered the employer of high school and/or adult students participating in the School Partner Program.

Industry Partner agrees to:
● Provide a meaningful work-based learning experience for youth, including the acquisition of work readiness and job skills as appropriate.
● Provide specific training before allowing student to embark on any task. Continually supervise student. ● Have shift mentor or supervisor complete a skills assessment during and at the end of each student's job shadow or internship or the equivalent.
● Adhere to all applicable federal, state and local laws concerning interns as well as state and federal child labor laws.
● Treat youth at all times as interns as opposed to employees and not allow student to take the place of an employee.

Sanger USD agrees that all students will:
● Be 16 years of age or older and enrolled in a career technical education class. ● Conform to the program rules and regulations established by the school and training site. ● Maintain regular attendance and punctuality in school and on-the-site training. ● Regularly attend the site-related classroom instruction. 146
2 ● Report to site properly groomed and dressed appropriately for the site. ● Report any conflicts, problems or anticipated schedule changes to the Sanger USD instructor. ● Be informed that there is no guarantee of a job at the completion of this training. ● Report immediately any unsafe conditions or injuries to the Sanger USD instructor and Industry Partner.

Class: Urban/Rural Firefighting
Students participating in the Urban/Rural Firefighting Program may engage in the following activities:
● Participate in ride-along with Fire Department
● Learn about the laws & regulations with-in the Fire Department ● Learn and identify tools and equipment used
● Shadow Fire Fighters on calls and in the Stations
● Work in different divisions within the Fire Department

Class: Police Officer Training
Students participating in the Police Officer Training Program may engage in the following activities:

● Participate in ride-along with Police Department
● Learn about the laws & regulations with-in the Police Department ● Lear and Identify Tools and equipment used
● Shadow Police Officers on calls and in the Stations
● Work in different divisions within the Police Department

RELEASE, HOLD HARMLESS AND INDEMNIFICATION
(A) Sanger USD shall defend, indemnify, and hold harmless Industry Partner, its elected and appointed officers, officials, agents, contractors, consultants, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising out of or in connection with the School Partner Program or its negligent failure to comply with any of its obligations cont ained in this MOU (collectively “Claims”), except such loss or damage which was caused by the sole negligence, or willful misconduct of the Industry Partner. Acceptance by the Industry Partner of insurance certificates and endorsements required under this Agreement does not relieve Sanger USD from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any Claims whether or not such insurance policies shall have been determined to apply.
(B) Sanger USD releases the Industry Partner, its officers, officials, agents, and employees of any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorney’s fees, arising out of or in connection with the School Partner Program. 147
3 Sanger USD acknowledges and expressly waives the benefit of California Civil Code Section 1542, which is set forth below, and specifically agrees that the release contained in this MOU shall extend to all claims arising out of transactions which the parties do not know or expect to exist in their favor at this time, and which rise out of or are connected the School Partner Program. California Civil Code Section 1542 provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR

AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,

WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

____________________ ______________
Industry Partner’s Initials Sanger USD’s Initials
Sanger USD acknowledges that the facts and law in relation to this matter and the claims released by the terms of this MOU may turn out to be different from or in addition to the facts or law as now known to each party or its counsel. Sanger USD therefore expressly agrees that the release so given shall be and remain in effect as a full and complete release of the persons and entities released thereby notwithstanding any possibility of new or different facts or law.

(C) By execution of this MOU, Sanger USD acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

Insurance

During the term of this MOU, Sanger USD shall, at its sole costs and expense, carry, maintain, and keep in full force and effect insurance of the types and in the amounts as set forth below:

General Liability
Sanger USD shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. SUSD’s general liability policies shall be primary and shall not seek contribution from the Industry Partner’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that Industry Partner and its officers, officials, employees, and agents shall be additional insureds under such policies.

Waiver

All School Partner Program participants shall execute the waiver attached hereto as Exhibit A, and 148
4 incorporated herein by reference, prior to participating in the Program. Said waiver shall be provided to the Industry Partner, with a copy to Sanger USD.

Termination
This MOU may be terminated at any time in writing by any party for any reason with three days' notice.

This MOU also may be terminated immediately by any party if there is a failure to comply with the terms and conditions outlined in this MOU.

Miscellaneous
This MOU constitutes the entire MOU and understanding between the parties, and supersedes all offers, negotiations and other MOUs concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments to this MOU must be in writing and executed by all parties.

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5 PARTY SIGNATURES TO MOU

I have read all of the provisions outlined in this MOU, and agree to comply with every provision listed herein. I certify that I am authorized to sign agreements on behalf of my business/agency/organization.

Any changes to this contract must be made in writing, and be signed by representatives of both SUSD and Industry Partner.

“Industry Partner” “SUSD”
City of Sanger Sanger Unified School District

By: ________________________________ By: __________________________ _______________, City Manager Dennis Wiechmann, Ed.D., Superintendent

Attest:

By: ________________________________
_____________________, City Clerk

Approved as to form:

By: ________________________________
_____________________, City Attorney

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Summer Internships Program
Exhibit A

PARTICIPANT WAIVER AND RELEASE OF LIABILITY
In consideration of being allowed to participate in the School Partner Program, which includes various activities related to firefighting and police officer training under the auspices of Sanger Unified School District (SUSD) and [Industry Partner Name], the undersigned:

1. Acknowledgment of Risks: Acknowledges, understands, and accepts the risks associated with the activities, including but not limited to bodily injury, psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' actions, inaction, or negligence; conditions related to travel; or the condition of the activity location(s).

2. Assumption of Risk: Willingly agrees to assume all risks that arise out of or relate to the activities, whether described above or not, and whether known or unknown, foreseen or unforeseen.

3. Release and Waiver: Hereby releases, waives, discharges, and covenants not to sue SUSD, its governing board, officers, employees, students, agents, and volunteers ("Releasees") from any and all liability to the undersigned and his/her personal representatives, assigns, heirs, and next of kin for any loss or damages, and any claim or demands on account of any property damage or injury to, or death of, the participant, whether caused by the negligence of the Releasees or otherwise, while the participant is in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with the School Partner Program.

4. Indemnification: Agrees to indemnify and hold harmless the Releasees from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of Releasees or otherwise.

5. Certification of Fitness to Participate: Asserts that the participant is physically fit and has the skill level required to participate in the School Partner Program and that the participant has not been advised otherwise by a qualified medical professional.

6. Consent to Medical Treatment: Authorizes any representative of SUSD or the Industry Partner to consent, on behalf of the undersigned, to any medical or hospital care recommended by a licensed medical professional. Such authorization shall continue while the undersigned has any capacity to participate in the activities unless earlier revoked in writing.

The undersigned agrees to bear the cost of any such treatment.

7. Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, and I fully understand its terms and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. 151
Summer Internships Program

Participant's (Intern) Name (Printed): ___________________________________ Participant's Signature: ______________________________________________ Date: ___________________

If the participant is under the age of 18:

Parent/Guardian Name (Printed): ______________________________________ Parent/Guardian Signature: ___________________________________________ Date: ___________________

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Prepared by: Becky Padron Approved by:

REVIEW: City Manager: NCO Finance: City Attorney: HCM

TYPE OF ITEM: COMMITTEE ACTION:  APPROVED  DENIED  NO ACTION Consent
Informational Item
X Action Item
X Department Report

Public Hearing
Matter Initiated by a Council Member
Other:

Continued to:

For the Meeting of: May 2, 2024

Agenda Item No.: H-1

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: CITY COUNCIL
From: Nathan Olson, City Manager
Subject: Measure S Gang/Drug Prevention/Intervention Services Grant Program Awards Attachments: Grant Application Score Card

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

The Citizen’s Oversight Committee (COC) recommends the City Council select Boys and Girls Club ($30,000), SAM Academy ($10,000), and Set Free Sanger ($60,000) as the approved grant recipients for Measure S Gang/Drug Intervention/Prevention award.

DISCUSSION:

City received six grant applications; four applications were received as complete. The complete applications were from Set Free Sanger , New Skin Tattoo Removal, the Boys & Girls Club, and SAM Academy. The Application Review Committee (ARC) was comprised of Police Chief Greg Garner, COC Secretary Karen James, and COC Member Elizabeth Gonzalez. Each ARC member scored all four applications. The scores were tabulated and discussed during an ARC meeting on February 27, 2024.

The ARC decided to recommend to the Citizen’s Oversight Committee the selection of Set Free Sanger, the Boys & Girls Club, and SAM Academy as the grant award recipients.

Because the combined request from Set Free Sanger ($100,000), Boys & Girls Club ($44,293) and SAM Academy ($43,769) exceeds the $100,000 budget amount for the grant program in 2024- 2025, the ARC recommended $60,000 for Set Free Sanger, $10,000 for SAM Academy, and $30,000 for the Boys & Girls Club.

153

REASON FOR RECOMMENDATION:

The Citizen Oversight Committee makes a recommendation regarding the selection of grant recipients and grant allocation amounts to City Council. City Council considers the recommendation as it finalizes the City’s budget.

ALTERNATIVES

a.) Allocate an equal amount to each qualifying organization; $33,333 each.

b.) Allocate a pro-rata amount to each qualifying organization, based on request amount.

c.) Reject the ARC recommendation in its entirety and create a new award distribution.

ACTIONS FOLLOWING APPROVAL:

.Upon Council approval, contracts subject to the approval of FY 24-25 Budget will be entered with each recipient.
154
2024-2025 Measure S Grant Application Summary Score Sheet What is the focus of the proposed program?
Please mark with an "x" in all applicable lines.

Set Free
Church
New Skin
Tattoo
Removal
SAM Academy Boys & Girls
Club
Prevention X X
Intervention X X
Youth Development X X X
Using a scale of 1-10 with 10 being the most
successful, how successful will the applicant be at
the following?
Set Free
Church
New Skin
Tattoo
Removal
SAM Academy Boys & Girls
Club
Decreasing potential acts of gang-related
violence and retaliatory acts

8.00 3.67 5.33 8.00
Decreasing anti-social behavior 8.00 4.33 5.33 7.67
Increasing the number of service referrals
offered to gang affected at‐risk youth in areas
of counseling, mentoring, education,
employment training and job opportunities
and other assistance related programming.

8.33 4.00 5.33 7.67
Increasing communication with and develop
collaboration between law enforcement,
parole, probation, and community partners
for implementing intervention or prevention
strategies.

6.33 3.00 4.33 8.00
Using a scale of 1-10 with 10 being the most
successful, how successful will the applicant be at
the following?
Set Free
Church
New Skin
Tattoo
Removal
SAM Academy Boys & Girls
Club
Ensuring the program effectively prevents
gang involvement and makes lasting changes
through interventions.

7.3 4.3 4.7 7.7
Ensuring a quality program through the use of
sound practices and involvement of
responsible people and professionals.

8.0 3.7 6.3 8.0
Evaluating the program once delivered
through participant letters, surveys, degree of
community acceptance, and program
evaluations.

5.3 4.3 4.7 8.3
Benefiting the community at large. 4.7 2.0 3.7 5.7
155
In the reviewers best judgment, how well will the
applicant do at the following? Please use the 1-10
rating scale with 10 = best.

Set Free
Church
New Skin
Tattoo
Removal
SAM Academy Boys & Girls
Club
Demonstrates organizational efficiency,
effectiveness, and stability.

8.3 4.0 7.3 8.3
Demonstrates capability to deliver proposed
services.

8.7 5.3 7.7 8.7
Deliver a quality service. 5.3 5.0 7.0 8.3
Pursue realistic, attainable goals with sound
performance measures.

7.7 3.7 5.3 8.3
Collaboratively work with other organizations. 8.3 3.7 6.0 9.3 Utilize existing community services and
facilities.

8.3 1.0 6.0 9.0
Provide a unique service rather than
duplicating a service.

8.3 9.0 8.0 8.0
Demographics Set Free
Church
New Skin
Tattoo
Removal
SAM Academy Boys & Girls
Club
How many Sanger youth will be served? 2,400 250 450 216 What is the level of requested grant funding? 100,000$ 37,000$ 43,769$ 44,293$ What percentage is grant funding of total
operations?
50% 49% 26% 1%
Concerns - the City wishes to avoid the following
situations. Please indicate with an "x" these
conditions exist.

Set Free
Church
New Skin
Tattoo
Removal
SAM Academy Boys & Girls
Club
Rely solely on Measure S Funding.

Funded by a single group and the City. X
Lack collaborative effort(s) in providing services.

Demonstrate limited or insufficient experience in
providing services.

Duplicate existing services.

Recommendation - What dollar share of the
$100,000 in grant funding does the Application
Review Committee recommend?
Set Free
Church
New Skin
Tattoo
Removal
SAM Academy Boys & Girls
Club
Aggregated Score 111.0 61.0 87.0 121.0 ARC Recommended Award 60,000$ -$ 10,000$ 30,000$ 156
Prepared by: David Brletic Approved by: ________________________

REVIEW: City Manager: _NCO____ Finance: ________ City Attorney: _HCM TYPE OF ITEM: COUNCIL ACTION:  APPROVED  DENIED  NO ACTION ____ Consent
____ Info Item
_X _ Action Item
X Department Report
____ Redevelopment Agency

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: May 2, 2024
Agenda Item No.: H-2

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Council Members
From: David Brletic, Community Development Director
Subject: Planning Commission Appointment
Attachments: Application

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council approve Mayor Frank Gonzalez’ appointment of Jesalyn Harper to the Planning Commission.

EXECUTIVE SUMMARY:

Staff recently received a resignation from the Planning Commission. There is one (1) year remaining on the vacated position. Mayor Frank Gonzalez and Mayor Pro Tem Daniel Martinez interviewed Jesalyn Harper on March 4, 2024. Jesalyn Harper’s application was received during the most recent recruitment that advertised on four different occasions in the Mid Valley Times, The Sanger Scene, the City website and Facebook. Jesalyn Harper meets the residency requirements as stated in the City Code.

Jesalyn Harper will be filling a vacant position with the term expiring in January 2025.

BACKGROUND:

As a means of background, following are the City Code Sections as they relate to the Sanger Planning Commission:

Sanger City Code Sec. 2-156. A planning commission consisting of seven members, all of whom shall be 157

residents of the city, is hereby established. The city council will attempt to achieve a balance of commission members reflecting the ages, sex, ethnic backgrounds and other such factors as the council deems reflected in the composition of the city.

Sanger City Code Sec. 2-157. The members of the Planning Commission shall be appointed by the mayor subject to the approval of each appointment by the city council.

Sanger City Code Sec. 2-158 (a) The term of office of planning commissioners shall be four years. Terms shall expire on the first Thursday in January; (b) Vacancies shall be on a rotation of two positions a year for each of three years with one position vacated in the fourth year. Members whose terms expire shall continue to serve until their successor has been appointed and qualified. If a vacancy occurs other than by expiration of a term, it shall be filled by appointment for the un-expired portion of the term.

REASON FOR RECOMMENDATION:

To fill one of the vacancies on the Planning Commission.

FISCAL IMPACT:

Commissioners are paid $25 per meeting and the Commission meets regularly on the fourth Thursday of the month.

ALTERNATIVES:

The City Council may deny the recommendation of Planning Commissioner appointment by the Mayor and direct staff to reopen a recruitment.

ACTIONS FOLLOWING APPROVAL:

The appointee’s name and contact information will be forwarded to the Secretary of the Planning Commission. An orientation will be scheduled with the newly appointed commissioner and their oath of office will be administered during the first Planning Commission meeting following appointment.

158
159
160
Prepared by: David Brletic Approved by: ________________________

REVIEW: City Manager: _NCO____ Finance: ________ City Attorney: _HCM_______ TYPE OF ITEM: COUNCIL ACTION:  APPROVED  DENIED  NO ACTION ____ Consent
____ Info Item
_X_ Action Item
X Department Report
____ Redevelopment Agency

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: May 2, 2024
Agenda Item No.: H-3

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: City Council
From: David Brletic, Community Development Director
Subject: Appointment to Public Financing Authority Board for the Sanger North Academy Corridor Enhanced Infrastructure Financing District.

Attachments: PFA Board Candidate Application

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council consider an appointment to fill a public member position on the Public Financing Authority Board.

EXECUTIVE SUMMARY:

The City Council adopted Resolution No. 2021- 067 establishing the EIFD and the Public Financing Authority (PFA) to the EIFD to serve as the governing board. The PFA Board is comprised of five members: three members from the City Council and two public members. The current PFA Board consists of City Council appointed Mayor Gonzalez , Mayor Pro Tem Martinez, and Council Member Hurtado, serving as the three City Council members, and James Miser serving as one of the two public members. The second public member position is currently vacant.

BACKGROUND:

November 18, 2021, the City Council adopted Resolution No. 2021- 067, a Resolution of Intention establishing the EIFD and PFA Board. Resolution No. 2021-067 specified that the newly established PFA Board is to be comprised of five members: three members of the City Council and two public members. 161

The City Council originally appointed Past Mayor Ontiveros, Mayor Pro Tem Martinez, and Council Member Hurtado, to serve as the three City Council members on the PFA Board directed staff to recruit for the two public members. From the initial recruitment, one application was received, and the City Council appointed Frank Gonzalez as one of the public members. A subsequent recruitment was held, one application was received, and the City Council appointed James Miser as the second public member.

Upon his election, Mayor Frank Gonzalez vacated t he public member position on the Board and took the Mayor’s position on the Board.

A recruitment was held for the vacated public member position for the PFA Board for the EIFD. The recruitment was open from March 15, 2024 through April 10, 2024. The recruitment was advertised in the Sanger Scene and the Mid Valley Times. One application was received from Pablo Ruiz. On April 15, 2024, Mayor Frank Gonzalez and Councilmember Esmeralda Hurtado interviewed Pablo Ruiz.

Staff recommends the City Council consider appointing Pedro Ruiz to the one remaining public member position for the PFA Board for the EIFD.

REASON FOR RECOMMENDATION:

To fill one of the two public positions to the PFA Board for the EIFD.

FISCAL IMPACT:

No fiscal impact.

ALTERNATIVES:

Do not make appointment of current applicant to serve as public member to PFA Board and direct staff to directly solicit additional applications for consideration.

ACTIONS FOLLOWING APPROVAL:

NA.

162
163
164
Prepared by: Joshua Rogers____ Approved by: ________________________

REVIEW: City Manager: _NCO__ Finance: _______ City Attorney: ___HCM___ TYPE OF ITEM: COUNCIL ACTION:  APPROVED  DENIED  NO ACTION ____ Consent
____ Info Item
_X__ Action Item
_X__ Department Report
____ Redevelopment Agency

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: May 2, 2024
Agenda Item No.: H-4

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and City Council
From: Josh ua Rogers, City Engineer
Subject: Replacement of Existing Sewer Manhole – North and Greenwood Contract Award

Attachment:

1. Contract

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

Staff recommends that the City Council:

1. Award the contract for the project to Emmett’s Excavation, Inc., 1477 Menlo Avenue, Clovis, CA 93611, on a Time and Materials basis, estimated at approximately $89,000.00; and

2. Authorize the City Manager to sign contract documents on behalf of the City.

EXECUTIVE SUMMARY:

The proposed contract would enable the replacement of an existing brick and mortar sewer manhole at the intersection of North and Greenwood Avenues, prior to connecting the new discharge pipeline from the reconstructed sewer lift station at the same intersection. The improvements will e xtend the lifespan of this critical piece of wastewater infrastructure.

BACKGROUND:

A project is currently under way with DG Construction to reconstruct the sewer lift station at the 165

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southwest corner of North and Greenwood Avenues. While the new station is being constructed, the existing station is to remain in place and operable. Part of the new construction plan is the tie -in of a new force main pipeline into the existing sewer manhole in the intersection, which is a confluence of a 15” diameter pipel ine in Greenwood Avenue, a 10” force main from the lift station, and a 21” receiving pipeline in North Avenue. While trenching for the proposed new force main, the area around the existing manhole was exposed by DG Construction in preparation for the futu re tie -in. It was discovered that the manhole, which is likely approximately 70- 80 years old and is built with brick and mortar instead of more contemporary manholes which are comprised of a precast concrete barrel and cone atop a poured- in-place concrete base, has degraded and is leaking. Instead of tying this newly reconstructed lift station facility into a failing manhole, Staff is proposing to reconstruct this manhole now, prior to the new connection. To do so requires working with live sewer lines and traffic. This work can be complicated and requires careful attention and oversight in order to avoid concerns with the existing flows and traffic safety. It requires a temporary bypass of the existing wastewater flows so that the existing manhole can be removed and a new manhole constructed.

After installation of the bypass, a new concrete manhole will be constructed. Since the flows will be bypassed, this will allow for the application of a liner coating inside the manhole, similar to that which is specified for the lift station wet well, which will further extend the lifespan of this piece of infrastructure.

Knowing that this work is time -sensitive, both in relation to the timing of connection for the new lift station project and based on the condition of the existing manhole and the need to act quickly to remediate its condition, Staff reached out to a couple contractors who have done similar types of work on active utility infrastructure and asked for feedback on the feasibility of the work as w ell as the probable cost. One of the contractors weighed in on Staff’s proposal for the method of bypass and manhole construction, but stated that they would not be able to perform any of the work for the City due to their current commitments and availabl e staffing. The second contractor stated that they have a window of availability for the foreseeable future to fit this work in if the City should so choose. They performed a site visit with representatives of the City Wastewater Division, Public Works I nspection, and Construction Management teams and have provided a proposal to do this work on a Time and Material basis. The contractor, Emmett’s Excavation, Inc., has provided a budgetary estimate for the work of approximately $89,000.00. This estimate is attached as Exhibit ‘A’ to the attached contract.

Given the above, it is Staff’s recommendation that the contract be awarded to Emmett’s Excavation, Inc. and that they be authorized to begin work immediately thereafter. City staff will monitor their progress, track their labor, equipment and material costs, and will inspect the completed work.

REASON FOR RECOMMENDATION:

Award of the contract will allow the City to proceed with the project.

FISCAL IMPACT:

The estimated cost for this work is $102,300, as detailed below:

• Construction - $89,000
• Construction Management/Inspection/Testing/Admin - $ 13,300

This work is proposed to be funded from Sewer Enterprise Reserve funds.

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ALTERNATIVES:

None recommended.

ACTIONS FOLLOWING APPROVAL:

The contract will be executed and the work will be started once materials have been procured.

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ATTACHMENT 1

168

CONTRACT

THIS CONTRACT, is made by and between Emmett’s Excavation , I nc., hereinafter called the Contractor, and the City of Sanger, hereinafter called the Owner.

W
I T N E S S E T H:

The Contractor and the Owner, for the consideration hereinafter stated, agree as follows:

1. S
COPE OF WORK.

The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, teamsters, draymen and laborers required for the

North and Greenwood Sewer Manhole Reconstruction

as shown on the plans prepared by Yamabe & Horn Engineering, Inc., in strict compliance with the Plans, Drawings and Specifications therefor e prepared by the Owner and other Contract Documents relating thereto.

2. C
ONTRACT DOCUMENTS .

The term Contract includes all “Contract Documents” which include the following:

A. Wage Scale (Prevailing Wages)
B. Standard Specifications ¹
C. Standard Plans
D. Contractors Budget Estimate hereto attached as Exhibit ‘A’ E. This Contract

In the event of a conflict between this Contract and any portion of the Standard Specifications or Special Provisions, to the extent of such conflict, this Contract shall control.

3. COM
PENSATION.

The Owner agrees to pay the Contractor for the performance of the Contract on a Time and Material basis. The budget is estimated at approximately $89,000.00, as indicated in Exhibit ‘A’.

¹ This Contract shall be subject to the Claims Reso lution Process under Public Contract Code Section 9204 which is effective January 1, 2017; contrary language in Standard Specifications is superseded by said Section 9204.

169
It is understood that said budget is based upon the estimated quantities of mate rials to be used as set forth in the Proposal; and upon completion of the project, the final contract price shall be revised, if necessary, to reflect the true quantities used at the actual price thereof.

4. S
USPENSION OF THE WORK.

A. G eneral : The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Owner. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Owner except as otherwise provided in subsection 7C.

B. A
rchaeological and Paleontological Discoveries : If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer.

Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. T he Contractor shall be entitled to an extension of time and compensation in accordance with Section 7.

5. T
ERMINATION OF THE CONTRACT FOR DEFAULT .

A. G eneral : If, prior to the acceptance of the Work, the Contractor:

(1) Becomes insolvent, assigns its assets f or the benefit of its creditors, is unable become due, or is otherwise financially unable to complete the Work; (2) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) Disregards written instructions from th e Engineer or materially violates provisions of the Contract Documents;
(4) Fails to prosecute the Work according to the schedule approved by the Engineer; (5) Disregards laws or regulations of any public body having jurisdiction; or (6) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the Owner will consider the Contractor in default of the Contract.

B. N
otices : Notices and other written communications regarding default between the Contractor, the Owner, and the Surety shall be transmitted as follows:

(1
) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall 170
be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or

(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.

Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsign ed, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

C. N
otice to Cure: The Owner will issue a written notice to cure the default to the Contractor and its Surety. The Contrac tor shall commence satisfactory corrective actions within 5 Working Days after receipt.

D. Notice of Termination for Default: I f the Contractor fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the Board that the Contractor be found in default of the Contract and upon such finding by the Board:
(1) W
ill terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) May use any materials, equipment, tools, or other facilities furnished by the Contractor to secure and maintain the Work site; and
(3) May furnish labor, equipment, and materials the Owner deems necessary to secure and maintain the Work site.

The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.

6. T
ERMINATION OF THE CONTRACT FOR CONVENIENCE.

The Owner may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the Owner.

A. N
otice : The Owner will issue a written notice of termination for convenience as follows:
(1) Personal delivery, with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or
(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing. 171
Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

B. C essation of Work: Upon receipt, the Contractor shall immediately cease work, except work the Contractor is directed to complete by the En gineer or required to complete for public safety and convenience. The Contractor shall immediately notify Subcontractors and suppliers to immediately cease their work.

C. Payment:

The Contractor will be paid without duplication for:
(1) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
(3) Reasonable expenses directly attributable to termination.

The Contractor shall submit a final termination settlement proposal to the Owner no later than 90 days from the effective date of termination, unless extended, in writing, by the Owner upon written request by the Contractor.

If the Contractor fails to submit a proposal, the Owner may determine the amount, if any, due the Contractor as a result of the termination. The Owner will pay the Contractor the amount it determines to be reasonable. If the Contractor disagrees with the amount determined by the Owner as being reasonable, the Contractor shall provide notice to the Owner within 30 Days of receipt of payment. Any amount due shall be as later determined by arbitration, if the Owner and the Contractor agree thereto, or as fixed in a court of law.

7. DE
LAYS AND EXTENSIONS OF TIME.

A. General: If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of Contract time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in Subsection 7C of this Contract. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor, or equipment, required Extra Work, or other specific events as may be further described in the Special Provisions.

No extension of time will be granted for a delay caused by the Contrac tor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and the approved construction schedule.

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If delays beyond the Contractor’s control are cause by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Owner.

The Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in Subsection 7C of this Contract.

If delays beyond the Contractor’s control are caused solely by action or inaction of the Owner, such delays will entitle the Contractor to an extension of time per subsection B of this Contract.

B. E
xtensions of Time: Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work.

C. Payment for Delays:

Pursuant to Public Contract Code Section 7102, the Contractor will be compensated for damages incurred due to delays for which the Owner is responsible.

Such actual costs will be determined by t he Engineer. The Owner will not be liable for damages which the Contractor could have avoided by any reasonable mans, such as judicious handling of forces, equipment or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer.

D. Written Notice and Report :

If the Contractor desires payment for a delay as specified in subsection C above or an extension of time, it shall file with the Engineer a written request and report of cause within 30 Days after the beginning of the delay. The request for payment or extension must be made at least 15 days before the specified completion date.

Failure by the Contractor to file these items within the times specified will be considered grounds for refusal by the Owner to consider such a request.

8. COMPLETION, ACCEPTANCE, AND WARRANTY.

A. Completion: The Contractor shall submit a written assertion that the Work has been completed. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract Documents, the Engineer will set forth in writing the date the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect and maintain the Work and to which liquidated damages will be computed.

B. Acceptance: Acceptance will occur after all of the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract, the Engineer will recommend to the Board that the Contractor’s performance of the Contract be accepted.

C. Warranty:

The Work shall be warranted by the Contractor against defective materials and workmanship for a period of 1 year. The warranty period shall start on the date the Work was completed as determined by the Engineer.

The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as 173
approved by the Engineer in writing.

All warranties express or implied, from subcontractors, manufacturer, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Owner, and such warranties shall be delivered to the Engineer prior to acceptance of the Contractor’s performance of the Contract.

The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make suc h replacement or repairs within the time specified in the notice, the Owner may perform the replacement or repairs at the Contractor’s expense. If the Contractor fails to reimburse the Owner for the actual costs, the Contractor’s Surety shall be liable for the cost thereof.

9. IN

DEMNIFICATION
To the maximum extent permitted by Civil Code Section 2782 et seq ., Owner shall not be liable for, and Contractor shall defend, indemnify, and hold harmless Owner and its officers, agents, engineers, architects, consultants, employees and volunteers (collectively “Owner Parties”), against any and all claims, deductibles, self -insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively referred to as “Claims”), which arise out of or are in any way connected to the work covered by this Contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, sub-contractors, licensees or servants, including, without limitation, Claims caused by the concurrent negligent act, error or omission, of Owner Parties.

However, Contractor shall have no obligation to defend or indemnify Owner Parties against Claims caused by the active negligence, sole negligence or willful misconduct of Owner Parties.

This indemnification shall apply to all liability, as provided for above, regardless of whether any insurance policies are applicable, and insurance policy limits do not act as a limitation upon the amount of the indemnification to be provided by the Contractor.

10. I
NSURANCE.

Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this Contract, the following -described insurance coverage, insuring not only Contractor and its subcontractors, if any, but also, with the exception of workers’ compensation and employer’s liability insurance, the Owner, its officers, agents, and employees of each of them:

A. MINIMUM SCOPE OF INSURANCE

Coverage shall be at least as broad as:

(1) Insurance Services Office Commercial General Liability coverage (Occurrence form CG 0001).

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(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

(3) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.

(4) Pollution Liability Insurance shall be provided for liability arising out of sudden, Accidental and gradual pollution and remediation. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

B. MINIMUM LIMITS OF INSURANCE

Contractor shall maintain limits no less than:

(1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this product / location or the general aggregate limit shall be twice the required occurrence limit.

(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

(3) Employer’s Liability: $2,000,000 per accident for bodily injury or disease.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS

Any deductible or self-insured retentions must be declared to and approved by the Owner.

At the option of the Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. OTHER INSURANCE PROVISIONS

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

(1) The Owner, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Owner, its officers, offi cials, employees, agents or volunteers.
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(2) For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the Owner, its officers, officials, employees, agents and volunteers. Any insurance or self -insurance maintained by the Owner, its officers, officials, employees, agents or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Owner, its officials, employees, agents or volunteers.

(4) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

(5) Each insurance policy required by this clause shall be endorsed to state the coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Owner.

E. ACCEPTABILITY OF INSURERS

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less the A:VII.

F. VERIFICATION OF COVERAGE

Contractor shall furnish the Owner with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Owner.

All endorsements are to be received and approved by the Owner before work commences.

As an alternative to the Owner’s forms, the Contractor’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

G. SUBCONTRACTOR

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Contractors Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities.

The policy shall not contain “x”, “c” or “u” exclusions.

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Certificates of such insurance shall be filed with the Owner concurrently with the execution of this Contract or, with Owner’s approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the Owner.

11. W
ORKERS COMPENSATION.

Contractor represents that he or she has secured the payment of Worker’s Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker’s Compensation Insurance is in effect and providing that the Owner will receive ten (10) d ays written notice of cancellation. If the Contractor self -insures Worker’s Compensation, Certificate of Consent of self-insured shall be provided the Owner.

12. D
EFECTIVE MATERIALS; DEFECTIVE WORK .

Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twenty four (24) months after date on which the completed project is accepted by the Owner, the undersigned agrees to reimburse the Owner, upon demand, for its expenses incurred in restoring said work to the c ondition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the Owner, to replace any such mat erials and to repair said work completely without cost to the Owner so that said work will function successfully as originally contemplated.

The Owner shall have the unqualified right to make any needed replacement or repairs after a written notice to cur e has been served upon the Contractor and a reasonable time to cure has expired. In the event the Owner elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made within a reasonable time after the receipt of demand from the Owner. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the Owner shall be entitled to all costs and expenses, including attorney’s fees, reasonably incurred by reason of the said failure or refusal.

13. L
ABOR STANDARDS.

A. General: Contractor agrees that construction work shall be subject to the provisions of state and local regulations. In particular, Contractor agrees to comply with all applicable Labor Code requirements whether or not expressly stated herein.

B. Wages:
(1) G
eneral : The Contractor and each subcontractor engaged in the work shall pay each employee an amount not less than the rate established for each trade or occupation listed by the Director of the Department of Industrial Relations, State of California. An employee whose type of work is not covered by any of the classified wage rates shall 177
be paid not less than the rate of wage listed for the classification which most nearly corresponds to the type of work to be performed.
(2) S tate : The Owner has obtained from the Department of Industrial Relations the general prevailing rate of wages in the vicinity of the work to be performed under this Contract.

These wage rates are maintained on file by Owner at its principle office and will be made available to any interested party upon request.
(3) Enforcement:

These wage rates shall be enforced under Sections 1770 through 1780 of the California Labor Code. The Contractor shall be liable for forfeitures or penalties incurred from noncompliance with Labor Code provisions. (4) Payroll Records: E
ach Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the work on the Project. Such records shall be certified and available for inspection at all reasonable hours at the principal place of the Contractor as required by Labor Code Section 1776. Cer tified payrolls shall be submitted weekly to Owner c/o Yamabe and Horn Engineering Inc. Electronic certified payrolls shall also be submitted weekly directly to the Labor Commissioner, Division of Labor Standards Enforcement.

C. Preference for Resident Labor :

Whenever possible in the employment of labor for
performance of the work, the Contractor shall give preference to qualified persons residing within the general area of the work.

D. Hours of Labor: P
ursuant to the Labor Code, eight hours of labor shall const itute a legal day's work. The Contractor or any subcontractor shall not require any more than eight hours of labor in a day from any person employed in the performance of the work under this Contract except for authorized work as provided under paragraph Subsection E below.

Failure of the Contractor to perform the work in accordance with this policy of the State of California shall be deemed a failure to comply with the provisions of this Contract.

E. Overtime Work: I
n accordance with Labor Code Section 1813, the Contractor shall as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty -five ($25.00) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which said worker is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of Labor Code Sections 1810-1815.

Overtime and shift work may be established as a regular procedure by the Contractor with r
easonable notice and written permission of the Owner. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 p.m. and 7:00 a.m. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.
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Contractor agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays and weekdays between the hours of 6:00 p.m. and 7:00 a.m. Costs of overtime inspection will cover engineering, inspection, general supervision and overhead expenses which are directly chargeable to the overtime work. Contractor agrees that Owner shall deduct such charges from payments due the Contractor.

F. A
pprentices: The Contractor and subcontractors shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements m
ay be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship Standards and its branch offices.

G. C ompliance with SB 854: California Labor Code: Contractor represents that it has complied and will continue to comply with all applicable registration and disclosure requirements of SB 854 and acknowledges the following:
(1) N
o contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]
(2) No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
(3) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
(4) No bid proposals will be accepted nor any contract entered into with a contractor without proof of registration described above.
(5) Contractor must post any job site notices required by regulation. It is the Contractor’s responsibility to know the current regulations.
(6) Contractor must furnish electronic certified payroll records to the Division of Labor Standards Enforcement (“Labor Commissioner”) as required. The Contractor is responsible for checking with the Department of Industrial Relations for any notices regarding this requirement.

14. L
AWS, REGULATIONS AND PERMITS.

A. General: The Contractor shall give the notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the work. The Contractor shall be liable for violations of the law in connection with work provided by the Contractor.

If the Contractor observes that the drawi ngs, specifications are at variance with any laws, 179
ordinances, rules or regulations, the Contractor shall promptly notify the Engineer in writing of such variance. The Owner shall promptly review the matter and, if necessary, shall issue a change order or take any other action necessary to bring about compliance with the law, ordinance, rule or regulation in question. Contractor agrees not to perform work known to be contrary to any laws, ordinances, rules, or regulations.

B. P
ermits and Licenses : Unless o therwise specified herein, permits and licenses from governmental agencies which are necessary only for and during the prosecution of the work and the subsequent guarantee period shall be secured and paid for by the Contractor.

Permits and licenses of regulatory agencies which are necessary to be maintained after completion of the guarantee period shall be secured and paid for by the Owner.

C. Patents and Royalties :

The costs involved in fees, royalties or claims for any patented invention, article, process or method that may be used upon or in a manner connected with the work under this Contract or with the use of completed work by the Owner, shall be paid by the Contractor. The Contractor and Contractor's sureties shall protect, defend, and hold Owner together with Owner's officers, agents and employees, harmless against any and all demands made for such fees or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this Contract, the Contractor shall, if requested by the Owner, furnish acceptable proof of a proper release from all such fees or claims.

Should the Contractor, agent, employee or any of them be enjoined from furnishing or us
ing any invention, article, material or plans supplied or required to be supplied or used under this contract, the Contractor shall promptly pay such royalties and secure the requisite licenses; or, subject to acceptance by the Owner, substitute other articles, materials or appliances in lieu thereof which are of equ al efficiency, quality, finish, suitability and market value to those planned or required under the Contract. Descriptive information of these substitutions shall be submitted to the Engineer for determination of general conformance to the design concept and the construction Contract. Should the Owner elect to refuse the substitution, the Contractor agrees to pay such royalties and secure such valid licenses as may be requisite for the Owner, Owner's officers, agents and employees or any of them, to use s uch invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.

15. C
ALIFORNIA LAW AND VENUE.

The terms of this Contract shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and to be performed in California. In the event any part of this Contract shall be held to be invalid, void, or otherwise unenforceable for any reason, the Contract shall be modified rather that voided, if possible, in order to achieve the intent of the parties to the extent possible and in any event, all other provisions of this Contract shall remain valid and enforceable.

16. M
UTUAL NEGOTIATION.

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Contractor acknowledges that the provisions herein have been mutually negotiated and neither party shall be construed to be the drafter of this Contract.

17. AT
TORNEY’S FEES .

In the event of litigation concerning this Contract the prevailing party shall be awarded reasonable attorney fees and costs of suit, in addition to appropriate compensatory damages or other relief ordered for the benefit of the prevailing party.

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IN WITNESS WHEREOF, the parties have executed this Contract this _____________ day of ______________________, 2024.

CITY OF SANGER EM
METT’S EXCAVATION, INC.
(OWNER) (CONTRACTOR)

By: B
y:

Nathan Olson, City Manager

T itle:

Approved as to Form:

___________________________________
Federal Taxpayer I.D. No.

Hilda Cantu Montoy, City Attorney
182
EXHIBIT ‘A’

Budgetary Estimate for the Work
183
Prepared by: Becky Padron, City Clerk/Deputy Personnel
Officer
Approved by: ________________________

REVIEW: City Manager: _NCO_____ Finance: _______ City Attorney: __HCM____ TYPE OF ITEM: COUNCIL ACTION:  APPROVED  DENIED  NO ACTION __ _ Consent
____ Info Item
__X_ Action Item
__X _ Department Report
____ Redevelopment Agency

____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________

For the Meeting of: May 2, 2024
Agenda Item No.: H-5

CITY OF SANGER

REPORT TO THE CITY COUNCIL

To: Mayor and Council M embers
From: Nathan Olson, City Manager
Subject: Assistant City Manager Position (ACM)
Attachments: Resolution No. 2024-18
Job Description

CONFLICT OF INTEREST:

None known.

RECOMMENDATION:

That the City Council adopt Resolution No. 2024-18 approving an updated job description and setting a new salary range for the Assistant City Manager position.

EXECUTIVE SUMMARY:

The Assistant City Manager position was first established in 2011 and filled from D ecember 2011 through April 2013. Although the position was not eliminated from the City’s classification list, the position has not been funded or filled for several years. As such, no current salary range for the position exists. Staff now wishes to fund and fill the Assistant City Manager position.

BACKGROUND:

The Assistant City Manager job responsibilities will include oversight of the Administrative Services Departments, Risk Management, Recreation, and IT. This position will have a span of control of approximately 1:14.

The ACM will directly oversee all aspects of the previous responsibilities of the Administrative Services Director. The council requested adding a Director to recreation in FY25 budget . Current staffing in recreation doesn’t warrant a director. Recreation currently consists of 3 FT positions and 1 PT position. 184

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Investments in recreation should come at the entry level to improve services and customer experience.

Recreation had previous oversite by Public Works and it wasn’t very efficient due to the amount of shear demand coming from the PW department. Lastly, the ACM will oversee IT. IT is critical for a successful dispatch to have in -house IT involved from the beginning. Th e city will also be converting financial software packages over the next 18 months and in-house support is much needed for this as well.

REASON FOR RECOMMENDATION:

In accordance with the City Code, Council is required to approve and set the salary range for positions.

FISCAL IMPACT:

The estimated impact to the 2023-24 FY budget is a cost avoidance of $56,400 per annum on salary only (benefits not included) based on midrange steps for an ACM and non-filling of the ASD and Recreation Directors.

ALTERNATIVES:

Not approve and the city will search for an Administrative Services Director

ACTIONS FOLLOWING APPROVAL:

If approved, staff will fill the new position.

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RESOLUTION NO. 2024-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER ESTABLISHING A

SALARY RANGE FOR ASSISTANT CITY MANAGER POSITION AND APPROVING AN

UPDATED JOB DESCRIPTION

WHEREAS, Section 46-2 (3) empowers the City Manager to prepare or cause to be prepared position classification plans and revisions subject to approval by the City Council; and

WHEREAS, an Assistant City Manager position was established in 2011; and

WHEREAS, no salary range for the Assistant City Manager position currently exists; and

WHEREAS, the City Manager has recommended that a salary range for the position be established and the job description be updated to include oversight of the Administrative Services Department, Recreation Department, and the City’s Information Technology (“Exhibit A”).

NOW THEREFORE, the City Council of the City of Sanger resolves as follows:

1. The foregoing recitals are true and correct.

2. The Assistant City Manager job description attached as Exhibit A is approved.

3. The following monthly salary range for the Assistant City Manager position is approved:

Step 1 Step 2 Step 3 Step 4 Step 5
$12,410 $13,031 $13,683 $14,367 $15,085

* * * * * * * * * * * * * * * * *

The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 2
nd day of May 2024 and approved by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

__________________________________________
Rebeca Padron, City Clerk
186

CITY OF SANGER

ASSISTANT CITY MANAGER/ADMINISTRATIVE SERVICES DIRECTOR

DEFINITION

To participate in the formulation, development and implementation of citywide policy; to plan, organize, staff, direct, develop and control programs and functions assigned of Finance, IT Risk Management, and Recreation; to provide leadership and policy direction to assigned departments and to department heads and managers; to foster cooperative working relationships with City departments and with intergovernmental and regulatory agencies and various public and private groups; to provide highly responsible and complex professional assistance to City management staff; and to perform related work as required.

Receives general administrative direction from the City Manager.

Exercises supervision over management, supervisory, professional, technical, and clerical staff.

EXAMPLES OF DUTIES
Essential responsibilities and duties may include, but are not limited to, the following:

1. Serve as a member of the City Manager’s Executive Team Staff, involved in the formulation and execution of citywide policies and long and short-term strategies.

2. Assist the City Manager in planning, organizing and directing the services and activities of City departments and programs; relieve the City Manager of day -to-day routine associated with governmental operations of the City.

3. Assume full management responsibility for all services and activities of the Finance Department including utility billing, accounts payable, payroll, business licenses, purchasing, and oversee the preparation of the annual City budget.

4. Receive and approve payroll information including payroll warrants and warrants for taxes and deductions.

5. Provide leadership and direction to assigned departments or divisions.

6. Monitor and account for all City debts; transfer City funds to and between accounts as needed.

7. Participate in annual City audits; meet and confer with auditor; compile all necessary information; research and explain areas of concern.

8. Assume responsibility for the adequate and accurate maintenance of City accounting records; prepare financial statements and cost reports.

9. Assume responsibility for the City’s budget process; analyze expenditures and revenues for budgetary purposes; prepare annual budget documents for submittal to the City Manager and City Council; prepare and submit monthly expenditure and revenue reports for all City funds.

10. Negotiate contracts and agreements; coordinate with legal counsel and City department representatives to determine City needs and requirements for contractual services.

11. Contribute to the overall quality of the City’s services by developing, reviewing, and implementing policies and procedures to meet legal requi rements and City needs; monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; assess and monitor the distribution of work, support systems, and internal reporting relationships; identify opportunities for improvement; direct the implementation of change.

12. Explain and interpret City programs, poli cies, and activities; negotiate and resolve sensitive, significant, and controversial issues.
187
Assistant City Manager / Administrative Services Director (continued)

13. Exhibit a service orientation toward internal and external customer s and maintains productive working relationships.

14. S
upervise staff to include: prioritize and assign work; c onduct performance evaluations; ens
ure staff
is trained; ensu
re employees follow policies and procedures; ma
intain a safe working environment;
and, make
hiring, termination, and disciplinary recommendations.

15. E
nsure compliance with applicable Federal, state, and local laws, regulations, codes, and/or standards.

16. Serve as a liaison with internal departments, officials, external organizations and public representatives.

17. Appear before City Council, public agencies, business and civic groups and other organizations in the presentation and discussion of assigned city functions, departments and related proposals, projects and policies, meetings, etc.

18. Recommend and implement policies and procedures to improve operational effectiveness and enhancements to services or programs.

19. Prepare cost estimates and budget recommendations. Monitors and controls expenditures.

20. Assist in planning and the development of short and long term goals. Coordinate operational and program efforts in alignment with goals and objectives related to assigned area of responsibility.

21. Serve as City Manager upon the request, or absence, of the City Manager.

22. Perform duties of the City Treasurer.

23. Perform related duties as required.

DESIRABLE QUALIFICATIONS

Knowledge of:
• Operations, services, and activities of a municipality. • Modern and best management principles and practices of municipal government administration. • Theories, principles, practices and methods of supervision, training and performance evaluation. • Principles and practices of municipal budgeting and finance. • Generally accepted accounting principles.
• Principles and practices of contract administration.
• Principles and practices of program development and administration. • Methods and techniques of auditing.
• Principles and practices of payroll administration.
• Principles of effective public relations and inter-relationships with community groups and agencies, private businesses and other levels of government.
• Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases. • Principles of business letter writing and basic report preparation. • Pertinent federal, state, and local laws, codes and regulations Ability to:
• Provide effective leadership and consultation to department directors, managers, and other City staff and coordinate a variety of program activities.
• Oversee and participate in the management of a comprehensive financial management program. 188
Assistant City Manager / Administrative Services Director (continued) • Observe and problem solve organizational challenges, technical policies and procedures associated with city activities. Advise the City Manager of alternative courses of action and recommendations. • Exercise independent judgement in the performance of a variety of complex and difficult administrative duties.
• Manage and/or supervise all City accounting functions. • Understand the organization and operation of the City and of outside agencies, as necessary to assume assigned responsibility.
• Participate in auditing activities.
• Establish and maintain effective working relationships with those contacted in the course of work. • Independently prepare clear and concise administrative reports. Communicate clearly and concisely, both orally and in writing.
• Prepare and administer large program budgets.
• Interpret, explain and enforce department policies and procedures. • Identify and respond to community and City Council issues, concerns and needs. • Interpret and apply Federal, State and local policies, laws and regulations. • Attend meetings at irregular hours.

MINIMUM QUALIFICATIONS

Any combination of experience and education that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

E
xperience:

Six years of progressivel y responsible personnel, finance , administrative or staff experience in municipal government, with at least three years experience in the office of a City Manager.

Education:

A Bachelor’s degree from an accredited college or university with major course work in public or business administration, finance, accounting or a closely related field. A Master’s degree in public or business administration or related field is highly desirable.

License:

Possession at time of appointment and continued maintenance of a valid California Driver’s License.

PHYSICAL CHARACTERISTICS AND WORKING ENVIRONMENT
Office environment; exposure to computer screens.

Essential and marginal functions may require maintaining physical condition necessary for sitting for prolonged periods of time.

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Proposed Monthly Salary Range:

Step 1 Step 2 Step 3 Step 4 Step 5
$12,410 $13,031 $13,683 $14,367 $15,085

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