TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
TUESDAY, APRIL 5, 2022
CITY HALL COUNCIL CHAMBER
209 E. KERN ST., TAFT, CA 93268
________________________________________________________________________________________________________________________________ City of Taft Council Meetings are being held in-person with full capacity seating and are livestreamed at https://www.youtube.com/user/CityofTaft. Public comment can be made in person and also can be received per the following:
• Written comments may be dropped off in the drop box in front of City Hall. • Comments may be emailed to the City Clerk at [email protected]. • Made by phone to the City Clerk’s office at (661) 763-1222. • Public comments will be accepted up until 5:00 PM the day of the meeting. • Any comments received will be read in to the record.
________________________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.
Pledge of Allegiance
Invocation
Roll Call: Mayor Noerr
Mayor Pro Tem Krier
Councilmember Bryant
Councilmember Eveland
Councilmember Whiting
1. PROCLAMATION – NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK
2. PROCLAMATION – DMV/DONATE LIFE CALIFORNIA MONTH IN KERN COUNTY
3. CITIZEN REQUESTS/PUBLIC COMMENTS
COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY
THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON MATTERS WITHIN ITS JURISDICTION. STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. COUNCIL MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. PLEASE LIMIT COMMENTS TO FIVE MINUTES.
4. COUNCIL STATEMENTS (NON ACTION)
5. DEPARTMENT REPORTS
6. CITY MANAGER STATEMENTS
7. CITY ATTORNEY STATEMENTS
8. FUTURE AGENDA REQUESTS
****************************************************************************************************** CONSENT CALENDAR ITEMS 9-15
All items listed on the Consent Calendar shall be considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless a member of the City Council requests specific items to be removed from the Consent Calendar for separate action. Any item removed from the Consent Calendar will be considered after the regular business items. Are there any items on the consent calendar that any member of the public would like to comment on?
9. MINUTES
March 15, 2022 regular
Recommendation – Approve as submitted.
City of Taft Council/Successor Agency Meeting
Agenda
April 5, 2022
10. PAYMENT OF BILLS
Warrant# 3/10/22 Check No. 96044-96048 $ 32,612.86
Warrant# 3/18/22 Check No. 96049-96110 $ 115,348.34
Warrant# 3/22/22 Check No. 96111 $ 1,980.00
Warrant# 4/1/22 Check No. 96112-96157 $ 84,267.76
Recommendation – Approve payment of the bills.
11. TREASURER’S REPORTS
Recommendation – Motion to receive and file Treasurer’s Reports for the Months of January and February 2022.
12. UPDATED AGREEMENT WITH VINCENT GRIFFITH, DBA NATIVE PRODUCTIONS FOR VIDEO
AND LIVESTREAMING SERVICES
Recommendation – Motion to approve updated agreement with Vincent Griffith, DBA Native Productions and authorize Mayor to execute said agreement.
13. LOW CARBON TRANSIT OPERATION PROGRAM (LCTOP) FY2021-22 CERTIFICATIONS AND
ASSURANCES AND AUTHORIZED AGENT FORMS FOR ZERO-EMISSION TRANSIT BUSES AND
RELATED SUPPORT INFRASTRUCTURE PROJECT
Recommendation – Motion to adopt resolution entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TAFT AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND
ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FY2021-22 FOR THE FOLLOWING PROJECT: PURCHASE OF TWO (2) ZERO-EMISSION TRANSIT BUSES AND RELATED SUPPORT INFRASTRUCTURE PROJECT USING $23,493 IN LCTOP FUNDS.
14. FUNDING TO THE TAFT CHAMBER OF COMMERCE FOR THE QUARTER OF OCTOBER 2021 TO DECEMBER 2021
Recommendation – Motion to approve the 25% allocation of the Transient Occupancy Tax to the Taft Chamber of Commerce for the quarter of October 2021 through December 2021.
15. PROGRAM SUPPLEMENT AGREEMENT NO. F024 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 06-5193F15, FOR THE REHABILITATION OF 10TH STREET FROM A STREET TO PILGRIM AVE. PROJECT - RSTPL-5193 (043) Recommendation – Motion to adopt resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. F024 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 06- 5193F15, FOR THE REHABILITATION OF 10TH STREET FROM A STREET TO PILGRIM AVE.
PROJECT – RSTPL 5193 (043), AND AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO SIGN AND EXECUTE THE AGREEMENT.
*********************************************************************************************************
16. PROFESSIONAL SERVICES AGREEMENT WITH SILVER & WRIGHT LLP Recommendation – Motion to approve and authorize the Mayor to sign the attached Professional Service Agreement with Silver & Wright LLP.
City of Taft Council/Successor Agency Meeting
Agenda
April 5, 2022
CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, CRAIG JONES- CITY MANAGER Government Code Section 54956.8 – APN’s 031-070-05, 06, 07 and 08, 031-080-09-12, 13 and 16, 031-080-07 and 08
B. CONFERENCE WITH LABOR NEGOTIATOR, CRAIG JONES, CITY MANAGER Government Code 54957.6 – All units
ADJOURNMENT
AMERICANS WITH DISABILITIES ACT
(Government Code Section 54943.2)
The City of Taft City Council Chamber is accessible to persons with disabilities. Disabled individuals who need special assistance (including transportation) to attend or participate in a meeting of the Taft City Council may request assistance at the Office of the City Clerk, City of Taft, 209 E. Kern Street, Taft, California or by calling (661) 763-1222. Every effort will be made to reasonably accommodate individuals with disabilities by making meeting material available in alternative formats. Requests for assistance should be made five (5) working days in advance of a meeting whenever possible.
AFFIDAVIT OF POSTING
I, Darnell Porter, declare as follows:
That I am the Deputy City Clerk for the City of Taft; that an agenda was posted on a public information bulletin board located near the door of the Civic Center Council Chamber on March 31, 2022 at ________ a.m. /p.m., pursuant to 1987 Brown Act Requirements.
I declare under penalty of perjury that the foregoing is true and correct.
Executed March 31, 2022, at Taft, California.
Signature _________
PROCLAMATION
DECLARING
APRIL 2022
DMV/DONATE LIFE CALIFORNIA MONTH
IN KERN COUNTY
WHEREAS, organ, eye, tissue, marrow and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; and WHEREAS, more than 100,000 individuals nationwide and more than 20,000 in California are currently on the national organ transplant waiting list, and on average 17 people die each day while waiting due to the shortage of donated organs; and WHEREAS, a single individual’s donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; and
WHEREAS, the need for donated organs is especially urgent in Hispanic, Latino, and African American communities; and
WHEREAS, deceased organ donors saved more than 40,000 lives last year, the most ever; and
WHEREAS, over seventeen million Californians have signed up with the state-authorized Donate Life California Donor Registry to ensure their wishes to be organ, eye and tissue donors are honored; and
WHEREAS, California residents interested in saving a life through living kidney donation may visit www.LivingDonationCalifornia.org; and
WHEREAS, California residents can sign up with the Donate Life California Donor Registry when applying for or renewing their driver’s licenses or ID cards at the California Department of Motor Vehicles.
NOW THEREFORE, the City Council of the City of Taft does hereby join other cities in proclaiming the month of April, 2022, as DMV/Donate Life Month in Kern County.
Dated this 5th day of April 2022. __________________________________ Dave Noerr, Mayor
_________________________________ _________________________________ Orchel Krier, Mayor Pro Tem Josh Bryant, Council Member _________________________________ _________________________________ Jeff Eveland, Council Member Ed Whiting, Council Member
TAFT CITY COUNCIL/SUCCESSOR AGENCY
MINUTES
MARCH 15, 2022
__________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.
The March 15, 2022, regular joint meeting of the Taft City Council/Taft Successor Agency, held in the Council Chamber at Taft City Hall, 209 East Kern Street, Taft, CA 93268, was opened by Mayor Dave Noerr at 6:00 PM. The Pledge of Allegiance was led by Mayor Noerr, followed by an invocation given by Pastor Michael Chiaramonte.
PRESENT: Mayor Dave Noerr and Mayor Pro Tem Orchel Krier Council Members Josh Bryant, Jeff Eveland and Ed Whiting City Manager Craig Jones and City Attorney Jason Epperson City Clerk Yvette Mayfield
1. LEGISLATIVE UPDATE – SENATOR SHANNON GROVE’S REPRESENTATIVE
2. CITIZEN REQUESTS/PUBLIC COMMENTS
Dr. Kathy Orrin, Executive Director of the Taft Chamber of Commerce, shared about upcoming local events.
3. COUNCIL STATEMENTS (NON ACTION)
Council Member Whiting talked about current oil issues.
Council Member Bryant spoke about his recent gas buying experience and talked about the issues and concerns surrounding the price of fuel.
Mayor Pro Tem Krier spoke on the current administration and its issues and encouraged people to work on being prepared for emergencies.
Mayor Noerr also communicated about the current oil and gas issues and how people are suffering at the pump.
4. PLANNING COMMISSION REPORT
Commissioner Jerry Livingston reported that at their last meeting they had discussion on other potential ways to address accessory dwelling units and will continue discussion of this subject at their next meeting.
5. DEPARTMENT REPORTS
There was none.
6. CITY MANAGER STATEMENTS
City Manager Jones that the City has a couple of pedestrian improvement projects out to bid and that once the pedestrian improvements are brought up to standards, then the City can start addressing paving issues.
7. CITY ATTORNEY STATEMENTS
There was none.
8. FUTURE AGENDA REQUESTS
Mayor Noerr requested a resolution from the Council addressing energy security. The rest of the Council gave unanimous concurrence.
City of Taft Council/Successor Agency Meeting
Minutes
March 15, 2022
******************************************************************************************* CONSENT CALENDAR ITEMS 9-12
Motion: Moved by Bryant, seconded by Whiting to approve consent calendar items 9-
12. AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
9. MINUTES
March 1, 2022 regular
Recommendation – Approve as submitted.
10. PAYMENT OF BILLS
Warrant# 3/04/22 Check No. 95986-96043 $ 199,920.44
Recommendation – Approve payment of the bills.
11. 2ND READING - ZONING ORDINANCE AMENDMENT NO. 2021-13, REGARDING
RESIDENTIAL ZONE DISTRICT LAND USE STANDARDS & ACCESSORY DWELLING UNITS
Recommendation – Motion to adopt Ordinance entitled AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TAFT APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-13, AN AMENDMENT OF CHAPTERS 4 AND SECTION 6-12- 23 OF TITLE 6 OF THE TAFT MUNICIPAL CODE REGARDING RESIDENTIAL ZONE DISTRICT LAND USE STANDARDS AND ACCESSORY DWELLING UNITS. (Ordinance No. 846-22)
12. DISPOSAL OF CITY OBSOLETE, UNSAFE AND UNECONOMICAL TO REPAIR
EQUIPMENT
Recommendation – Motion to approve disposing of listed equipment through online auction
*********************************************************************************************
13. AUTHORIZATION OF SALE OF PROPERTY LOCATED AT 233 CALVIN STREET TO
HABITAT FOR HUMANITY GOLDEN EMPIRE FOR THE PURPOSE OF AFFORDABLE
HOUSING
Motion: Moved by Bryant, seconded by Whiting to adopt a resolution entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
AUTHORIZING THE SALE AND TRANSFER OF REAL PROPERTY LOCATED AT 233 CALVIN STREET TAFT, CALIFORNIA, TO HABITAT FOR
HUMANITY GOLDEN EMPIRE FOR THE PURPOSE OF DEVELOPMENT OF
AFFORDABLE HOUSING, AND FURTHERMORE AUTHORIZING THE
MAYOR AND/OR CITY MANAGER TO EXECUTE ALL DOCUMENTS
NECESSARY TO COMPLETE THE SALE OF SAID PROPERTY AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (Resolution No. 4138- 22)
AYES: Krier, Bryant, Eveland, Whiting, Noerr
PASSED: 5-0
City of Taft Council/Successor Agency Meeting
Minutes
March 15, 2022
At 7:01 PM the regular meeting was recessed to closed session and adjourned in honor and memory of Robert “Bob” Colston.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(b) – one (1) potential case The City Council discussed in closed session those items agendized for closed session discussion and direction was given to staff. No other reportable action was taken. .
ADJOURNMENT - With no further business to conduct the meeting was adjourned at 7:46 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
____________________________________________________________________________________________________________ DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
UPDATED AGREEMENT WITH VINCENT GRIFFITH, DBA NATIVE PRODUCTIONS FOR
VIDEO AND LIVESTREAMING SERVICES
SUMMARY STATEMENT:
The City entered in to agreement with Vincent Griffith, DBA Native Productions in July 2011 for the purposes of videoing, editing and airing City Council Meetings on the local television station.
A lot has changed in the way these services are provided since 2011, and since 2020 Mr. Griffith has taken on the videoing and livestreaming of not only the City Council Meetings, but also Planning Commission Meetings. His fee for his services have remained the same since 2011, affected only by the additional fee added for livestreaming equipment in 2020. That said, due to increased inflation Mr. Griffith has notified us of an upcoming fee increase that is scheduled for May 2022. In order to address the fee increase and bring the agreement up-to-date to more accurately reflect the services as provided today, attached is an updated agreement for consideration by Council.
Per the prior agreement, the City paid three hundred ($300) per meeting for videoing and related services (up to three hours). In 2020, the City started paying an additional one hundred ($100) per meeting for livestreaming equipment. The new fee will be four hundred and fifty dollars ($450) per meeting with one hundred and fifty dollars ($150) per meeting for livestreaming equipment.
RECOMMENDATION:
Motion to approve updated agreement with Vincent Griffith, DBA Native Productions and authorize Mayor to execute said agreement.
IMPACT ON BUDGET (Y/N): Yes, General Fund
ATTACHMENT (Y/N): Yes, Agreement
PREPARED BY: City Clerk
1 April 5, 2022
AGREEMENT BETWEEN THE CITY OF TAFT AND VINCENT
GRIFFITH, DBA NATIVE PRODUCTIONS FOR FILMING,
LIVESTREAMING AND EDITING OF CITY COUNCIL AND PLANNING
COMMISSION MEETINGS
THIS AGREEMENT is made and entered into this 5th day of April, 2022 by and between the CITY OF TAFT, a municipal corporation, hereinafter referred to as “City”; and VINCENT GRIFFITH, DBA NATIVE PRODUCTIONS, hereinafter referred to as “Contractor.”
WITNESSETH
WHEREAS, the City desires to have its meetings recorded and live-streamed to the public and subsequently aired on the locally available cable public access channel within the jurisdiction of the City at designated times following these meetings; and WHEREAS, the Contractor is a film and video production professional who is qualified to provide such services.
NOW, THEREFORE, the parties do mutually agree as follows:
1. Engagement of Contractor. The City agrees to engage Contractor, and Contractor hereby agrees to provide the services hereinafter set forth involving filming, livestreaming and editing City Council and Planning Commission meetings.
2. Contracts and Responsibility. The City Manager shall represent the City for the purpose of administering this Agreement. The Contractor shall provide services to the City as set forth in section 3 of this Agreement.
3. Scope of Services. The scope of services provided by Contractor under this Agreement is set forth below:
A. The Contractor shall attend each regular meeting of the City Council and Planning Commission for the purpose of videoing and live-streaming the meetings. The Contractor shall be responsible to edit each meeting video.
B. The Contractor shall, at his sole expense, take all necessary actions and provide all equipment to accomplish his services under this Agreement.
C. The Contractor agrees that Contractor shall not disturb or interfere with the formal activities during Council or Commission meetings.
D. Within five (5) days after the date of each meeting, the Contractor shall provide a downloadable digital record of the meeting at no additional cost to the City for retention by the City.
E. All copyrights to Council and Commission meeting video recordings shall belong to the City.
2 April 5, 2022
F. The Contractor shall provide for airing of meetings on the locally available public access channel at designated times following the regular meetings.
G. Meeting coverage shall be from the call to order gavel to the adjournment gavel and shall not be subject to editorial comment. Idle time, should the meeting be adjourned to a Study Session or to a closed session may be edited from the recording.
H. The Contractor shall not assign this Agreement without the prior written consent of the City.
I. The City, at its discretion, may request that the Contractor video and livestream Special meetings.
4. Term. The duties and obligations of the parties hereto shall commence on April 5, 2022, and continue until terminated by either party as outlined in section 12. In the event this Agreement is terminated, the Contractor shall be entitled to compensation for all services provided prior to such termination.
5. Fee Arrangement. The City agrees to pay Contractor as follows:
A. The City shall pay Contractor the amount of Four Hundred and Fifty Dollars ($450) per meeting (three hour limit) for filming, editing and airing on the locally available cable public access channel and One Hundred and Fifty Dollars ($150) per meeting for live streaming equipment. The Contractor shall submit an itemized invoice monthly to the City for services rendered the prior month at the request of the City.
B. For any matters exceeding three hours, Contractor shall invoice the City at the rate of Fifty Dollars ($50.00) per one-half hour for such excess hours.
C. The City may at times have special projects to engage the Contractor to perform. In these cases, negotiations for project fees will be negotiated on a per project basis.
D. City shall pay Contractor for services rendered under this Agreement within 30 days after receipt of Contractor’s itemized invoice. City shall not be obligated to pay Contractor for services provided for any meeting that is not aired pursuant to section 3F, unless airing is precluded due to no fault of Contractor.
6. Independent Contractor. Nothing in this Agreement shall be construed or interpreted to make Contractor anything but an independent contractor and in all of his activities and operations pursuant to this Agreement, it is understood and 3 April 5, 2022
agreed by the parties hereto that Contractor is not and shall not be considered as or represent itself as an agent of the City.
7. Indemnity. Contractor shall indemnify, defend and hold the City and City’s agents, employees, representatives, officers, directors, managers, successors and assigns harmless from and against any and all actual losses, claims, liabilities, damages, costs and expenses, including, but not limited to, reasonable out of pocket attorneys’ fees and court costs arising out of or resulting from the acts or omissions of Contractor or its employees, agents, consultants, contractors or subcontractors arising out of the performance of the scope of services described herein, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor’s obligations under this section 7 shall survive the termination of this Agreement regardless of which party hereto terminates the Agreement or if said termination is mutual.
8. Attorney’s Fees. If any party to this Agreement commences legal proceedings to enforce any of its terms or for damages for its breach, the prevailing party shall be entitled to recover attorney’s fees, including those incurred on appeal, of any.
9. Governing Law. This Agreement is executed and intended to be performed in the State of California, and the laws of that State shall govern its interpretation and effect.
10. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
11. Entire Agreement. This Agreement represents the entire agreement between the parties and no other agreement, or promise relating to the subject matter of this Agreement which is not contained herein, shall be valid or binding.
12. Termination. This Agreement may be terminated at any time by either party by giving 30 days written notice to the other party at the address listed below:
City: City of Taft
City Manager
209 East Kern Street
Taft, CA 93268
Contractor: Vincent Griffith
Native Productions
504 Ranier Avenue
Taft, CA 93268
4 April 5, 2022
IN WITNESS WHEREOF, the City and the Contractor have executed this agreement as of the date first written above.
CONTRACTOR: CITY:
____________________________ _____________________________ Vincent Lyle Griffith Dave Noerr
Native Productions Mayor
ATTEST:
_____________________________
Yvette Mayfield, MMC
City Clerk
APPROVED AS TO FORM:
_____________________________
Jason Epperson
City Attorney
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
LOW CARBON TRANSIT OPERATION PROGRAM (LCTOP) FY2021-22 CERTIFICATIONS AND
ASSURANCES AND AUTHORIZED AGENT FORMS FOR ZERO-EMISSION TRANSIT BUSES AND
RELATED SUPPORT INFRASTRUCTURE PROJECT
SUMMARY STATEMENT:
The LCTOP was established by California Senate Bill 862 to provide funding, on a formula basis, for operational or capital expansion projects to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. The funds are derived from California’s Capand-Trade Program and are the result of quarterly auctions of emission credits for greenhouse gas emitters regulated under AB 32, California’s Global Warming Solutions Act of 2006. Auction proceeds, known as the Greenhouse Gas Reduction Fund, are then reinvested in various projects to further reduce emissions.
The allocation request to Caltrans for the Low Carbon Transit Operations Program (LCTOP) toward the future purchase of two zero-emission electric buses along with related support infrastructure will be completed in future years after sufficient funds have been accumulated. This resolution is required to request allocations for this funding from Caltrans. The attached resolution will authorize the City Manager to sign and execute any documents required of the LCTOP program and any amendment thereto with the California Department of Transportation RECOMMENDED ACTION:
Motion to adopt resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FY2021-22 FOR THE FOLLOWING PROJECT: PURCHASE OF TWO (2) ZERO-EMISSION TRANSIT BUSES AND RELATED SUPPORT INFRASTRUCTURE PROJECT USING $23,493 IN LCTOP FUNDS.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes, Resolution, Certifications and Assurances and Authorized Agent Form
PREPARED BY: Teresa Binkley, Finance Director
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND
ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE LOW
CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FY 2021-22 FOR THE FOLLOWING PROJECT: PURCHASE OF TWO (2) ZEROEMISSION TRANSIT BUSES AND RELATED SUPPORT INFRASTRUCTURE PROJECT USING $23,493 IN LCTOP FUNDS
WHEREAS, the City of Taft is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects, and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and
WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and WHEREAS, the City of Taft wishes to delegate authorization to execute these documents and any amendments thereto to Craig Jones, City Manager.
WHEREAS, the City of Taft wishes to implement the following LCTOP project(s) listed above,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft that the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and assurances and the Authorized Agent documents and applicable statutes, regulations and guidelines for all LCTOP funded transit projects.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Taft that Craig Jones, City Manager be authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Taft that it hereby authorizes the submittal of the following project nomination(s) and allocation request(s) to the Department in FY 2021-22 LCTOP funds:
Project Name: Purchase of two (2) zero-emission transit buses and related support infrastructure project.
Amount of LCTOP funds requested: $23,493
Short description of project: Purchase two (2) zero-emission battery-electric buses and related support infrastructure to replace gasoline buses at the end of their useful life Contributing Sponsors (if applicable): Kern Council of Governments RESOLUTION NO:______________
PASSED, APPROVED AND ADOPTED on this 5th day of April, 2022. ________________________________
Dave Noerr, Mayor
ATTEST:
______________________________
Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on the 5th day of April 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
______________________________
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: APRIL 5, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
FUNDING TO THE TAFT CHAMBER OF COMMERCE FOR THE QUARTER OF OCTOBER 2021 TO DECEMBER 2021
SUMMARY STATEMENT:
The City of Taft and the Taft Chamber of Commerce (“Chamber”) entered into an agreement on September 16, 2008 where the City Council recognized the best interest of the City to financially support the Chamber. The City Council agreed to fund the Chamber in the amount of 25% of the actual Transient Occupancy Tax (“TOT”) received and paid quarterly to the Chamber.
The total amount of TOT received by the January 31, 2022 deadline for the quarter of October 2021 through December 2021 were $38,526.54 and the amount to be allocated to the Chamber will be $9,631.64.
RECOMMENDED ACTION
Motion to approve the 25% allocation of the Transient Occupancy Tax to the Taft Chamber of Commerce for the quarter of October 2021 through December 2021.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): No
PREPARED BY: Teresa Binkley, Finance Director
REVIEWED BY:
CITY CLERK
FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: April 5, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
PROGRAM SUPPLEMENT AGREEMENT NO. F024 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 06-5193F15, FOR THE REHABILITATION OF 10TH STREET FROM A STREET TO PILGRIM AVE. PROJECT - RSTPL-5193 (043) SUMMARY STATEMENT:
Through the Kern COG, the City of Taft was allocated $320,408 in Federal funds. These funds are being used for the roadway rehabilitation of 10th Street from A Street to Pilgrim Ave. (See attached project plans)
The 10th St. Rehabilitation from A Street to Pilgrim Ave. project would consist of grinding 3 inches of the roadway and repaving with 3 inches of hot mix asphalt. RSTP projects are required to upgrade all corners to ADA standards. The retrofit of ADA ramps at the intersections and alleys on the east side of A St. was completed under a separate project using CDBG funds; and the County has retrofitted the west corner of At St. and 10th St.
Caltrans is responsible for administering the funds and overseeing project delivery. The City entered into a Master Agreement 06-5193F15 for federally funded local transportation projects with Caltrans effective April 28, 2017. A Program Supplement Agreement has been sent by Caltrans to the City for the construction phase of the aforementioned project. City Council authorization is required to authorize the Mayor and/or City Manager to sign and execute program supplement agreement No. F024 to Administering Agency-State Agreement for FederalAid Project No. 06-5193F15 before the City can be reimbursed for construction work.
Construction for this project is scheduled for the 2022/2023 federal fiscal year.
RECOMMENDED ACTION:
Motion to adopt resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. F024 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 06-5193F15, FOR THE REHABILITATION OF 10TH STREET FROM A STREET TO PILGRIM AVE. PROJECT – RSTPL 5193 (043), AND AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO SIGN AND EXECUTE THE AGREEMENT.
IMPACT ON BUDGET (Y/N): YES – Local match estimated at $41,883 from Highway Users Tax Funds or Capital Reserves.
ATTACHMENT (Y/N): YES – Program Supplement Agreement, Resolution, Plans PREPARED BY: Craig Jones – City Manager
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. F024 TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID
PROJECTS NO. 06-5193F15, FOR THE REHABILITATION OF 10TH STREET FROM A STREET TO PILGRIM AVE. PROJECT – RSTPL 5193 (043), AND
AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO SIGN AND
EXECUTE THE AGREEMENT
WHEREAS, the City of Taft entered into a Master Agreement for Federal Funded Projects with the State on 03/28/17 under agreement No. 06-5193F15; and WHEREAS, Program Supplement Agreement No. F024 dated March 23, 2022 provides Federal Funds for the Construction phase of the Rehabilitation of 10th Street from A Street to Pilgrim Ave rehabilitation project; and
WHEREAS, the estimated cost for construction is $362,291.00 and the federal match for this phase per the agreement is $320,408.00 and the local match is $41,883.00; and WHEREAS, the City Council of the City of Taft agrees to terms and conditions of the proposed supplemental agreement; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Taft, does hereby approve Program Supplement Agreement No. F024 for Project No. RSTPL-5193(043) and authorizes the Mayor and/or City Manager to sign and execute the agreement.
PASSED, APPROVED, AND ADOPTED THIS 5th day of April, 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Dave Noerr, Mayor
ATTEST:
Darnell Porter, CMC
Deputy City Clerk
Resolution No. _____
STATE OF CALIFORNIA}
COUNTY OF KERN } SS
CITY OF TAFT }
I, Darnell Porter, Deputy City Clerk of the City of Taft, California, do hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting thereof held on the 5th day of April, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Darnell Porter, CMC
Deputy City Clerk
F024
FOR FEDERAL-AID PROJECTS NO 06-5193F15
0622000001
March 23, 2022
06-KER-0-TAF
RSTPL-5193(043)
5193
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 03/28/2017 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
Taft - 10th Street from A Street to Pilgrim Avenue
Reconstruct and resurface the roadway, upgrade curb ramps, and replace striping.
0.0(MILES)
Estimated Cost Federal Funds Matching Funds
Z906 $32,000.00
Z240 $288,408.00
CITY OF TAFT
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$362,291.00 $41,883.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$320,408.00
Program Supplement 06-5193F15-F024- ISTEA 1Page of 7
03/23/2022
SPECIAL COVENANTS OR REMARKS
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RSTPL-5193(043)
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
Program Supplement 06-5193F15-F024- ISTEA Page 2 of 7
SPECIAL COVENANTS OR REMARKS
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F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
Program Supplement 06-5193F15-F024- ISTEA Page 3 of 7
SPECIAL COVENANTS OR REMARKS
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2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
Program Supplement 06-5193F15-F024- ISTEA Page 4 of 7
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G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
Program Supplement 06-5193F15-F024- ISTEA Page 5 of 7
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of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as Program Supplement 06-5193F15-F024- ISTEA Page 6 of 7
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amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Program Supplement 06-5193F15-F024- ISTEA Page 7 of 7
01 10TH STREET TYPICAL SECTION: A STREET TO PILGRIM AVE. NTS SEE SHEET 3 BHT02
SEE SHEET 3 10th STREET
01 10TH STREET TYPICAL SECTION: A STREET TO PILGRIM AVE. NTS SEE SHEET 4 BHT03
SEE SHEET 2
SEE SHEET 4
SEE SHEET 2 10th STREET
01 10TH STREET TYPICAL SECTION: A STREET TO PILGRIM AVE. NTS BHT04 SEE SHEET 3 SEE SHEET 3 10th STREET
SECTION A-A PLAN 01 ADJUST COVERS TO GRADE NTS 02 --- 03 A= 22 SQFT NTS LIMIT LINE (STOP LINE) --- NTS 04 NTS 05 --- NTS A= 21 SQFT LANELINES (MULTILANE HIGHWAYS) DETAIL 9 Direction of Travel DETAIL 22 Direction of Travel DETAIL 38 Through Traffic LEGEND NO PASSING ZONES - TWO DIRECTION CHANNELIZING LINE CALTRANS STD. PLAN A20A, A20B, A20C, A20D, A20E, A24A, A24D, A24E, (PARTIAL) A=15 SQ FT TYPE IV (L) ARROW TYPE VI ARROW (MODIFIED) BHT05 REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: April 5, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
PROFESSIONAL SERVICES AGREEMENT WITH SILVER & WRIGHT LLP SUMMARY STATEMENT:
City staff recommends the Taft City Council approve an agreement for professional services with attorney firm Silver & Wright LLP to assist with updating the Taft Municipal Code (TMC) sections generally related to property code violations and the nuisance abatement processes. The proposed updated codes will streamline the code enforcement process and ensure the TMC complies with recent law enactments.
The changes will include various sections of the TMC pertaining to penalties for code violations and fines related to building related violations; required hardship waiver for fines; streamlining regulations for public nuisance abatements, weed and rubbish abatement, abandoned and inoperative vehicle abatement, vagrant encampment abatement, and other nuisance abatement provisions across the TMC; regulations on the City’s legislative body’s authority to issue subpoenas; cumulative remedies for enforcement of laws; and other related provisions that promote public health, safety, and welfare within our community.
The outcome of the process will be to provide greater efficiency for the City of Taft’s code enforcement efforts, enhance transparency, clarity, and ease of reference for the public concerning the City’s code enforcement authority and process, and continued compliance with State laws.
RECOMMENDED ACTION
Motion to approve and authorize the Mayor to sign the attached Professional Service Agreement with Silver & Wright LLP.
IMPACT ON BUDGET (Y/N): Yes (estimated cost FY 21/22 $15,000 FY 22/23 $35,000) ATTACHMENT (Y/N): Yes (Agreement with rates)
PREPARED BY: Office of the City Manager
1 AGREEMENT BETWEEN SILVER & WRIGHT, LLP
AND THE CITY OF TAFT
FOR SPECIAL COUNSEL LEGAL SERVICES
1. PARTIES AND DATE.
This agreement (“Agreement”) is made and entered into on April ___, 2022 by and between the CITY OF TAFT (“City”), and SILVER & WRIGHT LLP, a California limited liability partnership engaged in the practice of law in the State of California (“Law Firm”). Law Firm and the City are sometimes individually referred to herein as “Party” and collectively as “Parties.” In consideration of the mutual promises set forth herein, the parties agree to the terms of this Agreement as set forth herein.
2. RECITALS.
2.1 The City wishes to engage the services of Law Firm to provide special counsel legal services as described in this Agreement. Law Firm wishes to provide all such services and has the necessary expertise and competency to provide such services.
3. TERMS.
3.1 Scope of Services. Law Firm shall provide legal advice, representation and assistance to the City as assigned to Law Firm. Law Firm shall report on a regular basis to the City regarding matters assigned to Law Firm, and shall handle matters subject to the input, oversight and direction of City staff, including City Attorney, and City Council or designee.
3.2 Responsibilities of Attorneys and Client. Law Firm shall fully cooperate with the City and will keep the City and its staff informed of the status and progress of all pending matters and all legal matters of importance with which Law Firm is involved. Law Firm will manage and control the delivery of all legal services described hereunder in a professional, competent, and cost-effective manner. The City agrees to provide all information and documentation necessary for the attorneys at Law Firm to perform their obligations under this Agreement.
Partner Valerie Escalante Troesh shall serve as the Law Firm contact and supervising counsel to the City. For the City, the City Manager, unless otherwise notified by the City, shall serve as primary contact.
3.3 Compensation. For all legal services provided in this Agreement, the City will pay Silver & Wright the following:
• $270 per hour for attorneys; and
• $135 per hour for paralegals and law clerks.
These fees shall increase by three percent annually on July 1, beginning on July 1, 2023, to offset rising costs.
3.4 Cost Reimbursement. The City shall reimburse Law Firm for all out-of-pocket 2 expenses incurred by Law Firm in providing legal services under this Agreement, including charges for printing and copying expenses at $.16 for black and white copies and $.60 for color copies, postage, research, litigation costs, courier and messenger services and automobile mileage at the current IRS rate for travel on behalf of the City. Costs shall be subject to a ten percent administrative fee to offset third party administration and costs. However, no separate charge shall be made by Law Firm for secretarial or word processing services.
3.5 Statements and Billing. Law Firm shall submit monthly invoices to the City indicating attorney fees and costs incurred for the legal services provided under this Agreement.
The monthly invoice shall describe the nature of the work performed, the attorney performing the work and the time spent for each task as well as the nature of any reimbursable expenses incurred.
Upon the request of and as directed by the City, Law Firm shall generate separate invoices pertaining to specific accounts, matters and/or departments. The City shall process and cause such invoices to be paid promptly, typically within thirty (30) days of receipt. If no attorneys’ fees or costs are incurred for a particular month, or if they are minimal, the statement may be held and combined with that for the following month.
3.6 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of the attorneys at Law Firm were a substantial inducement for the City to enter into this Agreement. Therefore, Law Firm shall not contract with any other person or entity to perform, in whole or in part, the legal services required under this Agreement without the written approval of the City. In addition, neither this Agreement, nor any interest herein, may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily, or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City.
3.7 Conflicts of Interest. Law Firm shall comply with all applicable laws and professional rules and standards relating to any known conflict of interest involving the City and matters upon which Law Firm is providing legal services under this Agreement. Law Firm shall not reveal confidential information of the City except with the consent of the City Council or as otherwise required by law. Law Firm shall notify the City of any conflict of interest related to matters upon which it is providing legal services under this Agreement upon discovery of any such conflicts. In the event that such conflict is not or cannot be waived or resolved, City shall retain legal counsel and Law Firm shall assist and cooperate with legal counsel retained by the City on the matter for which the conflict arose.
A. Law Firm represents that neither Law Firm for any of its attorneys or other persons employed by Law Firm have any material financial interest, direct or indirect, in any contract or decision made by or on behalf of City that may be affected by the services to be provided to City pursuant to this Agreement, other than a financial interest that is similar, in all material respects, to the interests of the general public.
B. If Law Firm or an attorney or other person employed by Law Firm acquires such an interest while this Agreement remains in effect, Law Firm will immediately disclose such interest to the City, and the interested individual shall not participate in or influence the performance of the services to be provided to the City pursuant to this Agreement.
C. In addition to the prescriptions regarding conflicts of interest imposed on attorneys by the California Business and Professions Code and by Rule 1.7 of the California Rules 3 of Professional Conduct, Law Firm agrees that unless waived in writing by the City, neither Law Firm nor any attorney employed by Law Firm shall represent clients before any board, commission, committee or department of City or represent a client adverse to City for a period of one (1) year from the date of completion of the services to be provided to City pursuant to this Agreement or the early termination of the Agreement as provided for in Section 3.10.
3.8 Return of Files. At the conclusion of this Agreement, any original files transmitted to Law Firm by the City for the work performed under this Agreement for the City shall be made available to City. Law Firm will be entitled to make copies of the client files. At the conclusion of this Agreement, (whether or not City takes possession of the client files), Law Firm shall have no further responsibility with regard to such documents.
3.9 Independent Contractor. No employment relationship is created by this Agreement.
Law Firm shall perform all legal services required under this Agreement as an independent contractor of the City, except that at all times providing services under this Agreement, Law Firm’s employees and agents shall be acting as public officials. Notwithstanding the foregoing, for purposes of any legal claims against Law Firm arising from its provision of services to the City, Law Firm shall be entitled to all defenses provided by law to City officials, attorneys and prosecutors, and to City’s statutory duties to the office of city prosecutor/attorney pursuant to Government Code section 825 for providing a defense, hold harmless, and full indemnity to Law Firm for actions within the scope of its engagement hereunder and shall survive expiration of this Agreement. This shall not in any way create a duty for the City for actions or claims adjudged to be due to Law Firm’s gross negligence. Law Firm agrees to provide indemnity to the City for any claims adjudged to be due to Law Firm’s gross negligence.
3.10 Term; Termination of Agreement. The term of this Agreement shall commence on the Effective Date set forth in this Agreement and shall continue in full force and effect until terminated as provided herein. City or Law Firm may terminate this Agreement at any time, with or without cause, on thirty (30) days’ written notice to the other party. In the event of such termination, Law Firm shall comply with all provisions of the Rules of Professional Conduct for the termination of a client relationship and the City shall pay Law Firm professional fees and costs, in accordance with this Agreement, for all services provided and costs incurred through the date of termination of this Agreement. The City agrees to execute, upon request, a stipulation in such form as to permit Law Firm to withdraw as attorneys of record in any legal action then pending.
Law Firm shall cooperate to transition representation to a new attorney or firm in an expedient manner and make available to the City, or to counsel designated by the City, all documents and records of the legal services provided to the City and shall assist to the fullest extent possible in the orderly transition of all pending matters to the City’s new counsel. If City does not take possession of the client files within sixty (60) days of termination of this Agreement, City agrees that Law Firm may dispose of the client files without further notice.
3.11 Arbitration. In the event of any dispute between the parties, such dispute shall be submitted to binding arbitration to the maximum extent permitted by law. In the event the parties are unable to agree upon an arbitrator, an arbitrator shall be selected through the rules of the American Arbitration Association. The arbitrator shall have the authority to set procedures and discover in the arbitration. In any such matter, the prevailing party shall be entitled to recover its reasonable costs and attorney’s fees. This section shall survive the expiration of this Agreement. 4 3.12 Insurance Coverage. Law Firm shall carry errors and omissions insurance of not less than One Million Dollars ($1,000,000) per year in the aggregate, and any additional insurance required by the State of California. Law Firm shall furnish to the City proof of insurance required by this Agreement upon request, and shall notify the City of any changes to the insurance.
3.13 Amendment; Modification. This agreement may be modified through a written instrument signed by both parties or by an oral agreement to the extent it is carried out.
3.14 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
3.15 Time of Performance; Efficiency of Services; Cooperation. The services of Law Firm shall be performed expeditiously in light of the purposes of this Agreement. Law Firm shall follow all procedures as established by the City consistent with its duties. Law Firm shall work cooperatively with appropriate City staff and keep them informed on all matters of importance as they arise.
3.16 Non-Discrimination. In the performance of this Agreement, Law Firm shall not discriminate against any employee or applicant for employment because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, marital status, age, sexual orientation, or medical condition.
3.17 Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement: (1) shall be deemed effective unless it is in writing and signed by City; (2) shall be deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy; or (3) shall be deemed to constitute a continuing waiver unless the writing expressly so states.
3.18 Governing Law and Interpretation. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without regard to conflict of law principles. The section captions and headings in this Agreement have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.
3.19 Severability. If any portion or all of this Agreement is held to be unenforceable for any reason, the remainder of that provision and the remainder of the Agreement shall remain in full force and effect.
3.20 Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
To Law Firm: Silver & Wright LLP
3 Corporate Park
Suite 100
Irvine, CA 92606
5 (949) 385-6431
(Fax) (949) 385-6428
Attn: Chief Operating Officer
To City: City of Taft
209 E. Kern St.
Taft, CA 93268
(661) 763-1222, Ext. 111
Attn: City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
CITY OF TAFT
By: ____________________________ Dated: April _____, 2022 Dave Noerr
Mayor
SILVER & WRIGHT LLP
By: ____________________________ Dated: April _____, 2022 Matt Silver
Partner/Co-Owner