TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
TUESDAY, MAY 3, 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. SWEARING IN OF POLICE OFFICERS
2. PROCLAMATIONS:
• BUILDING SAFETY MONTH
• MUNICIPAL CLERKS WEEK
• PEACE OFFICERS MEMORIAL DAY AND POLICE WEEK
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 9-13
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? City of Taft Council/Successor Agency Meeting
Agenda
May 3, 2022
9. MINUTES
April 19, 2022 regular
Recommendation – Approve as submitted.
10. PAYMENT OF BILLS
Warrant# 4/29/22 Check No. 96229-96275 $ 381,473.93
Recommendation – Approve payment of the bills.
11. APPROVE PURCHASE OF 512 NORTH STREET APN 031-080-11, PROPERTY LOCATED IN
THE DOWNTOWN REVITALIZATION AREA
Recommendation – Motion adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TAFT AUTHORIZING THE ACQUISITION OF REAL PROPERTY AND ALSO
AUTHORIZING THE MAYOR, CITY MANAGER, AND/OR ASSISTANT CITY MANAGER TO
EXECUTE THE AGREEMENT AND ALL ESCROW AND OTHER DOCUMENTS NECESSARY TO
COMPLETE TRANSFER OF REAL PROPERTY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
12. APPROVE AGREEMENT WITH A.S.I., INC. FOR ABATEMENT OF ASBESTOS AT 520 NORTH
STREET IN PREPARATION FOR DEMOLITION OF BUILDING
Recommendation – Motion to approve agreement with A.S.I., INC., for abatement of asbestos at 520 North Street Taft, CA and authorize Mayor to execute said agreement.
13. CEASE OF USE OF ANY CITY OWNED MILITARY EQUIPMENT PENDING COMPLETION OF
EVALUATION AND POLICY ADOPTION
Recommendation – Motion of the City Council of the City of Taft mandating cease of use of any City owned military equipment pending completion of evaluation and adoption of use policy. *********************************************************************************************************
CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8 – APN’s 031-070-05, 06, 07 and 08 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(b) – two (2) potential cases
ADJOURNMENT
City of Taft Council/Successor Agency Meeting
Agenda
May 3, 2022
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 April 28, 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 April 28, 2022, at Taft, California.
Signature _________
PROCLAMATION
DECLARING
MAY 2022
BUILDING SAFETY MONTH
WHEREAS, The City of Taft is committed to recognizing our growth and strength depends on the safety and economic value of the homes, buildings and infrastructure that serve our citizens, both in everyday life and in times of natural disaster; and
WHEREAS, our confidence in the structural integrity of these buildings that make up our community is achieved through the devotion of vigilant guardians – building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers and others in the construction industry who work year-round to ensure the safe construction of buildings; and WHEREAS, these guardians are dedicated members of the International Code Council, a United States based organization, that brings together local, state and federal officials that are experts in the building environment to create and implement the highest quality codes to protect us in the buildings where we live, work, worship, play; and
WHEREAS, Building and Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities’ largely unknown guardians of public safety, our local code officials who assure us of safe, efficient and livable buildings that are essential to America’s prosperity; and
WHEREAS, “Prevent, Prepare, Protect. Building Codes Save,” the theme for Building Safety Month 2022, encourages all Americans to raise awareness about the importance of safe and resilient construction, fire prevention, disaster mitigation, energy conservation, water safety, training the next generation, and new technologies in the construction industry.
NOW THEREFORE, BE IT RESOLVED, the City Council for the City of Taft, does hereby declare the month of May 2022 as Building Safety Month to be celebrated by the City of Taft, its employees, residents of all ages, and businesses throughout the community.
Signed and dated this 3rd day of May, 2022
___________________________________
Dave Noerr, Mayor
__________________________________________ _____________________________________ Orchel Krier, Mayor Pro Tem Josh Bryant, Council Member __________________________________________ ______________________________________ Ed Whiting, Council Member Jeff Eveland, Council Member
PROCLAMATION
DECLARING
May 1-7, 2022
“53rd Anniversary of Municipal Clerks Week”
WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and
WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and
WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community; and
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations.
WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk.
NOW THEREFORE, the City Council of the City of Taft, does hereby formally recognize the City of Taft’s local Office of the Municipal Clerk and accordingly hereby declares May 1– May 7, 2022 as Municipal Clerks Week.
Dated this 3rd day of May 2022.
_________________________
Dave Noerr, Mayor
__________________________________ ___________________________________ Orchel Krier, Mayor Pro Tem Josh Bryant, Council Member __________________________________ _________________________________ Ed Whiting, Council Member Jeff Eveland, Council Member
PROCLAMATION
DECLARING
“Peace Officers Memorial Day
and Police Week, 2022”
WHEREAS, In 1962, President John F. Kennedy signed a proclamation which designated May 15 as Peace Officers Memorial Day and the week in which that date falls as Police Week; and
WHEREAS, Peace Officers Memorial Day and Police Week pay tribute to the local, State, and Federal law enforcement officers who serve and protect us with courage and dedication. These observances also remind us of the ongoing need to be vigilant against all forms of crime, especially to acts of extreme violence and terrorism; and WHEREAS, the dedicated members of the Taft Police Department, Kern County Sheriff’s Department and California Highway Patrol play an essential role in safeguarding the rights and freedoms of the citizens of Taft; and WHEREAS, the City of Taft wishes to honor all peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of their duties.
NOW THEREFORE, the City Council of the City of Taft, does hereby formally recognize all Peace Officers for their faithful and loyal devotion to their responsibilities and their dedication to our community. Accordingly the City Council hereby declares May 15, 2022 as Peace Officers’ Memorial Day and May 15 – May 21, 2022 as National Police Week.
Dated this 3rd day of May 2022.
_________________________
Dave Noerr, Mayor
________________________________ __________________________________ Orchel Krier, Mayor Pro Tem Josh Bryant, Council Member _________________________________ ___________________________________ Ed Whiting, Council Member Jeff Eveland, Council Member
TAFT CITY COUNCIL/SUCCESSOR AGENCY
MINUTES
APRIL 19, 2022
__________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.
The April 19, 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 Steven McDaniel.
PRESENT: Mayor Dave Noerr and Mayor Pro Tem Orchel Krier Council Members Jeff Eveland and Ed Whiting
City Manager Craig Jones and City Attorney Jason Epperson City Clerk Yvette Mayfield
ABSENT: Council Member Josh Bryant
1. DRAFT 2022 RTP PRESENTATION BY BEN RAYMOND, REGIONAL
TRANSPORTATION PLANNER FROM KERN COG
DRAFT 2022 RTP Preview Handouts: https://www.kerncog.org/2022-RTP/ (EnglishSpanish)
2. CITIZEN REQUESTS/PUBLIC COMMENTS
There was none.
3. COUNCIL STATEMENTS (NON ACTION)
Mayor Pro Tem Krier said he hoped everyone had a blessed and happy Easter and asked everyone to pray for peace during these times of war in the world.
Mayor Noerr stated he enjoyed his Easter and the beautiful weather it brought. He shared that the intent of the discussion during the Kern COG presentation, is to bring the discussion and its information to people.
4. PLANNING COMMISSION REPORT
Planning Commissioner, Jerry Livingston, reported that at their last meeting they had informational presentations from the Taft Community Garden and Director Staples gave updates on annexation and growth and on Workshop #3 of the Downtown Taft Specific Plan Project.
5. DEPARTMENT REPORTS
There was none.
6. CITY MANAGER STATEMENTS
There was none.
7. CITY ATTORNEY STATEMENTS
There was none
8. FUTURE AGENDA REQUESTS
There was none.
City of Taft Council/Successor Agency Meeting
Minutes
April 19, 2022
******************************************************************************************* CONSENT CALENDAR ITEMS 9-16
Motion: Moved by Whiting, seconded by Krier to approve consent calendar items 9-
16. AYES: Krier, Eveland, Whiting, Noerr
PASSED: 4-0
9. MINUTES
April 5, 2022 regular
Recommendation – Approve as submitted.
10. PAYMENT OF BILLS
Warrant# 4/6/22 Check No. 96158-96161 $ 4,735.04
Warrant# 4/15/22 Check No. 96162-96228 $ 237,997.72
Recommendation – Approve payment of the bills.
11. STREET CLOSURES FOR THE 2022 CHAMBER OF COMMERCE CAR SHOW Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE STREET CLOSURES FOR THE 2022 CHAMBER OF COMMERCE CAR SHOW. (Resolution No. 4141-22)
12. ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE BID AND AWARD THE SB1 - 10TH STREET PEDESTRIAN IMPROVEMENTS & TDA ARTICLE 3 – S. 4TH STREET PEDESTRIAN IMPROVEMENTS – PHASE 1 PROJECT
Recommendation – Motion to accept the lowest responsive and responsible bid, award the project, and to approve a construction agreement with R.C. Becker and Son, Inc. for the SB1 – 10th Street Pedestrian Improvements & TDA Article 3 – S. 4TH Street Pedestrian Improvements – Phase 1 – Project, and to authorize the Mayor to execute said agreement.
13. RESTORATION OF DELETED PUBLIC WORKS MAINTENANCE POSITONS Recommendation –
1. Approve the addition of one (1) Maintenance Leadperson and one (1) Equipment Operator/ Maintenance Worker I/II.
2. Adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT AMENDING THE POSITION CLASSIFICATION PLAN AND ESTABLISHING CORRESPONDING COMPENSATION RATES. (Resolution No. 4142-22)
14. AWARD THREE SAFE AND SANE FIREWORK STANDS FOR 4TH OF JULY, 2022 Recommendation – Motion to award three Safe and Sane Firework stands for July 4, 2022 to the Taft Motorcycle Club, Taft Sportsmen’s Club and West Side Recreation and Park District.
15. FY 2021-2022 FTA SECTION 5311 APPLICATION
City of Taft Council/Successor Agency Meeting
Minutes
April 19, 2022
Recommendation – Motion to adopt resolution entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE FEDERAL FUNDING UNDER FTA SECTION 5311 (49 U.S.C. SECTION 5311) WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION. (Resolution No. 4143-22)
16. FY 2022-2023 FTA SECTION 5311 APPLICATION
Recommendation – Motion to adopt resolution entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE FEDERAL FUNDING UNDER FTA SECTION 5311 (49 U.S.C. SECTION 5311) WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION. (Resolution No. 4144-22)
********************************************************************************************* Closed Session was cancelled.
ADJOURNMENT - With no further business to conduct, the meeting was adjourned at 6:33 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: MAY 3, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
APPROVE PURCHASE OF 512 NORTH STREET APN 031-080-11, PROPERTY LOCATED IN THE
DOWNTOWN REVITALIZATION AREA
SUMMARY STATEMENT:
The city recently attained other properties in the downtown revitalization area. This property is situated in between two properties already owned by the City, and purchasing this property will allow the City to market the full block for economic development. Because this property is located in the downtown area it is considered a preferred location for development. This purchase is considered an investment in not only the community, but also the downtown and follows the city’s vision of downtown revitalization and long term planning goals.
The purchase price of the property is $32,500 plus the City has agreed to pay closing costs.
RECOMMENDED ACTION
Motion adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
AUTHORIZING THE ACQUISITION OF REAL PROPERTY AND ALSO AUTHORIZING THE MAYOR,
CITY MANAGER, AND/OR ASSISTANT CITY MANAGER TO EXECUTE THE AGREEMENT AND
ALL ESCROW AND OTHER DOCUMENTS NECESSARY TO COMPLETE TRANSFER OF REAL PROPERTY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
IMPACT ON BUDGET (Y/N): Yes, General Fund
ATTACHMENT (Y/N): Yes – Resolution and Purchase Sale Agreement PREPARED BY: Office of the City Manager
Resolution No. 4145-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
AUTHORIZING THE ACQUISITION OF REAL PROPERTY AND ALSO
AUTHORIZING THE MAYOR, CITY MANAGER, AND/OR ASSISTANT CITY
MANAGER TO EXECUTE THE AGREEMENT AND ALL ESCROW AND OTHER
DOCUMENTS NECESSARY TO COMPLETE TRANSFER OF REAL PROPERTY,
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
WHEREAS, the City has been encouraged by our economic development consultants to, and has a stated vision of wanting to revitalize the downtown area by providing economic development opportunities; and
WHEREAS, the City recently purchased properties located in the Downtown Revitalization Area to assist with this vision; and
WHEREAS, the City would now like to acquire the property known as 512 North Street APN 031- 080-11-2, which is located in between two city owned properties, for economic development purposes; and
WHEREAS, after negotiations with the property owner for acquisition of this property, a purchase price of $32,500 was an agreed upon purchase price; and WHEREAS, the City Council of the City of Taft has found and finds that it is for the common benefit and in the public’s interest for the City of Taft to acquire said real property and make the property marketable in order to be able to have the property developed, which will produce tax increment for the city and add jobs; and
WHEREAS, the City Council hereby authorizes the Mayor, City Manager, and/or Assistant City Manager to execute all documents necessary for transfer of said real property.
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAFT:
Section 1: The foregoing recitals are incorporated into this Resolution by this reference and constitute a material part of this Resolution;
Section 2: The acquisition of real property located in the City of Taft and known as 512 North Street APN 031-080-11-2 is authorized;
Section 3: Effective immediately upon adoption of this Resolution, the Mayor, City Manager, and/or Assistant City Manager shall have full authority to execute any and all documents necessary to effect and finalize the acceptance and transfer of the real property;
Section 4: This Resolution and each of its provisions shall be immediately effective upon adoption by the City Council of the City of Taft;
Section 5: The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED on this 3rd day of May 2022. ________________________________
Dave Noerr, Mayor
ATTEST:
______________________________
Yvette Mayfield, MMC
City Clerk
Resolution No. 4145-22
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 3rd day of May 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
______________________________
Yvette Mayfield, MMC
City Clerk
REAL PROPERTY PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
THIS REAL PROPERTY PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (“Agreement”) is entered into and is effective as of May 3, 2022 (“Effective Date”) by ARREDONDO ADVENTURES INC., (“Seller”) and CITY OF TAFT, a municipal corporation (“Buyer”).
A G R E E M E N T:
ARTICLE 1.
PURCHASE PRICE
1.1 Real Property Description and Purchase Price. The legal description and assessor’s parcel numbers for the real property which is the subject of this Agreement are included at page 10 of this Agreement, which is hereby incorporated by this reference. All references throughout this Agreement to “Property” or “the Property” shall be to said real property. In the event Closing (as defined below) occurs, the “Purchase Price” for the Property shall be Thirty Two Thousand Five Hundred Dollars ($32,500.00).
ARTICLE 2.
PRE-CLOSING MATTERS
2.1 Opening of Escrow. The term “Opening of Escrow” means the date upon which Escrow Holder has in its possession at least one fully executed original, e-mailed or telecopy counterpart of this Agreement, and accepts this Agreement as its escrow instructions. Escrow Holder shall indicate the date of the Opening of Escrow on Escrow Holder’s Acceptance attached at the end of this Agreement. The parties shall cause the Opening of Escrow to occur not later than five (5) days following the Effective Date
2.2 Delivery of Title Report. Within ten (10) days after Opening of Escrow, Seller shall cause to be delivered by chosen Title Company (“Title Company”) to Buyer a preliminary title report for the Property issued by Title Company (the “Title Report”), which shall serve as Title Company’s commitment to issue at the Closing Date a policy of title insurance for the Property, together with full and complete copies of all documents identified as exceptions therein.
2.3 Right of Entry and Indemnification.
2.3.1 Buyer and its officers, agents, employees, consultants or contractors shall have the right to enter upon the Property, subject to scheduling such entry at least 48 hours in advance, for the purposes of conducting such non-invasive inspections or evaluations as Buyer deems appropriate subject to the terms and conditions of this Agreement.
2.3.2 Entry onto the Property and conducting of Tests by Buyer and its agents shall be subject to the following conditions:
(a) Any invasive testing shall require Seller’s prior written approval, which may be given or withheld in Seller’s sole discretion. (b) Buyer shall indemnify, defend and hold the Property, Seller and Seller’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 Buyer or its employees, agents, consultants, contractors or subcontractors while on the Property. The foregoing indemnity shall survive the Closing or the earlier termination of this Agreement. Buyer shall also keep the Property free and clear of any mechanics’ liens, materialmen’s liens and other liens arising out of the activities undertaken by Buyer pursuant to this Section.
(c) Buyer shall immediately repair any physical damage to the Property arising out of the Tests.
(d) Buyer shall: (i) cause all work to be performed with reasonable care; (ii) not create or permit its employees, agents, consultants or contractors to create any hazardous condition on the Property; (iii) repair any damage to the Property caused by Buyer (or its employees, agents, consultants or contractors);
ARTICLE 3.
CLOSING CONDITIONS
3.1 Buyer’s Conditions Precedent. The obligation of Buyer to purchase the Property is subject to satisfaction of each of the conditions set forth below, which conditions are for the sole benefit of Buyer. If these conditions are not satisfied, by written notice to Seller, Buyer may do one of the following: (i) terminate this Agreement and be released from all duties and obligations hereunder, except those which survive the termination thereof, in which event the Deposit (if any) shall be immediately returned to Buyer; or (ii) waive such conditions, in whole or in part, and proceed with the transaction contemplated herein.
3.1.1 Title Policy. On or before the Closing Date, Title Company shall be ready, willing and able to issue to Buyer an ALTA Extended Coverage Owner’s policy of title insurance with such endorsements desired by Buyer (the “Title Policy”).
3.1.2 Performance by Buyer. Buyer shall have performed every act to be performed by it under this Agreement prior to the Closing.
3.1.3 Buyer’s Warranties. On the Closing Date, Buyer shall not be in material breach of any of Buyer’s Representations and Warranties set forth in Article 6 below, and all of Buyer’s representations and warranties contained in Article 6 below have been true and correct when made and shall be true and correct and shall be deemed reaffirmed by Buyer as of the Closing Date.
ARTICLE 4.
CLOSING
4.1 Escrow. The purchase and sale transaction contemplated by this Agreement shall be consummated through the Escrow established by Escrow Holder.
4.2 Closing Date. As used herein, “Closing”, or “Closing Date”, or “Close of Escrow” or “Date of Closing” means the date on which the Deed (as defined below) is recorded in the official records of the county in which the Property is located (the “Official Records”). Unless changed in writing by Buyer, the Closing shall occur on or before the date that is the later of (i) thirty (30) days following the end of the Feasibility Period and (ii) fulfillment of Buyer’s conditions to Closing described in Section 3.1.
4.3 Escrow Instructions and Deliveries.
4.3.1 Seller. Seller shall deliver into Escrow the following (all documents shall be duly executed by Seller and, where required, acknowledged) no less than one (1) business day prior to the Closing Date:
(a) Deed. A Grant Deed in the form reasonably acceptable to Buyer (the “Deed”).
(b) Non-Foreign Certificate. A certificate (the “Non-Foreign Certificate”) from Seller certifying that Seller is not a “foreign person” within the meaning of section 1445(f)(3) of the Internal Revenue Code, as amended, and applicable California law. (c) Evidence of Authorization. Such authorizations and documentation reasonably required by Escrow Holder to evidence the authorization of Seller to sell the Property.
4.3.2 Buyer. Buyer shall deliver into Escrow the following (all documents shall be duly executed by Buyer and, where required, acknowledged) no less than one (1) business day prior to the Closing Date:
(a) Purchase Price. Cash in an amount equal to the Purchase Price, plus closing adjustments for the credits and debits shown on the estimated settlement statement prepared by Escrow Holder.
(b) Authorization–Acceptance Documents. Resolutions, authorizations and executed Certificate of Acceptance documents relating to Buyer as shall be reasonably required by Escrow Holder.
4.3.3 Further Instructions. The parties agree that this Agreement shall serve as Escrow Instructions to Escrow Holder for the transactions contemplated hereunder, and by delivery of this Agreement to Escrow Holder, hereby instruct Escrow Holder to open and complete the Escrow and Closing in accordance with the terms hereof. Buyer and Seller shall deposit with Escrow Holder in a timely fashion all such other funds, documents, supplemental instructions and instruments reasonably approved and necessary to consummate the transactions contemplated by this Agreement prior to the Closing Date.
4.4 Prorations. All real property taxes for the current tax period shall be prorated between Buyer and Seller as of the Closing Date. Seller will pay only assessment liens of record
as of Closing, with Buyer to acquire Property subject to any subsequently arising assessment liens.
If subsequent to the Closing it is determined that the real property taxes were not completely or correctly prorated, the parties shall privately adjust the proration within twenty (20) days of the written request of either party. All other property taxes and related assessments now due, and any delinquent real property taxes and assessments (including any interest and penalties) shall be paid by Seller.
4.5 Closing Costs and Charges. Buyer shall be responsible for all of the following:
County and City transfer taxes and recording fees, all closing costs and escrow fees, and the cost of the Title Policy; Each party shall bear its own legal, accounting, and other professional fees.
ARTICLE 5.
TRANSFER OF TITLE, POSSESSION, AND SELLER’S POST-CLOSING COVENANTS
5.1 Deed. Seller shall convey to Buyer at the Closing fee simple title to the Property, subject to the Permitted Exceptions, current real property taxes not yet due and payable, and any other matters to which Buyer shall agree in writing in Buyer’s sole and absolute discretion on or before the expiration of the Feasibility Period in accordance with the terms of this Agreement.
5.2 Possession. Seller shall deliver possession of the Property to Buyer on the Closing Date, subject to the matters set forth in Section 5.1 above.
ARTICLE 6.
REPRESENTATIONS AND WARRANTIES
6.1 Representations and Warranties to Buyer. Seller hereby makes the following representations and warranties to and for the benefit of Buyer and acknowledges that Buyer’s execution of this Agreement has been made and Buyer’s agreement to purchase the Property from Seller will be made in material reliance by Buyer on these representations and warranties, all of which representations and warranties shall survive the Closing and delivery of the Deed to Buyer:
6.1.1 Code. There is no code violation or other violation of law involving any of the Property.
6.1.2 Litigation. There are no claims or lawsuits, pending or threatened, against Seller relating in any manner to the Property or on account of the surface or subsurface physical characteristics of the Property. Seller has received no notice of any violation, threatened or pending, of any local, state or federal law or regulation affecting the Property.
6.1.3 No Leases. There are no leases, licenses, concessions, or other oral or written agreements affecting the Property that grant to any person or entity the right of occupancy or use thereof, except as disclosed in the Title Report or as are subsequently disclosed by Seller to Buyer in writing, prior to the Closing.
6.1.4 New Agreements. From and after the Effective Date, Seller shall not renew, extend or enter into any new lease or service or management contract, or other agreement that affects the use of the Property or materially modify any existing lease or other agreement affecting
the Property without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed.
6.1.5 Hazardous Waste. Except as is been disclosed to Buyer in writing prior to the Effective Date, there are no Hazardous Materials existing or potentially existing in, on, under, around or adjacent to the Property and Seller has not received notice from any local, state or national governmental entity or agency or other source of any hazardous waste condition existing or potentially existing in, on, under, around or adjacent to the Property (“Hazardous Materials”).
For the purposes of this representation, Hazardous Materials shall include but shall not be limited to, asbestos, petroleum products (including gas) and any substance, material, or waste which is or becomes regulated by any local, state or federal governmental authority, including without limitation, the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or the laws of California, as amended from time to time or any other governmental authority.
6.1.6 Authority. Buyer has the authority to enter into this Agreement, and make all representations and warranties, set forth in this Agreement.
6.1.7 No Violation. Neither the execution nor delivery of this Agreement, nor the consummation of the transactions called for or contemplated hereby, will as of the closing, violate any contract, agreement or instrument to which Buyer is a party or bound.
6.1.8 Performance. Buyer shall timely perform and comply with all covenants and agreements, and satisfy all conditions, that Buyer is required to perform, comply with or satisfy under this Agreement.
6.2 Survival of Representations and Warranties. The representations and warranties made pursuant to this Article 6 shall survive the Closing or the termination of this Agreement by Seller or Buyer for a period of not less than three (3) years.
ARTICLE 7.
TERMINATION AND DAMAGES
7.1 Condemnation and Casualty. If before the Closing, either party receives notice of any condemnation or eminent domain proceeding, any proceeding in lieu of condemnation being initiated against the Property, or the damage or destruction of all or part of the improvements located on the Property, the party receiving the notice shall promptly notify the other party in writing of that fact. Upon receipt of said notice, Buyer may elect to terminate this Agreement within ten (10) days from the date that the notice is received, and neither party shall have any further obligations to the other under this Agreement, except those which survive the termination hereof. If Buyer proceeds with the purchase in accordance with the terms of this Agreement, all condemnation and insurance proceeds available to Seller shall be paid to Buyer. If any such proceeds have not been collected as of the Closing, then all rights to those proceeds shall be assigned to Buyer at the Closing.
7.2 Buyer’s Remedies. In the event of a default by Seller under this Agreement, Buyer shall have the right, in addition to any other rights and remedies available to Buyer at law or equity, to either (i) enforce specific performance of this Agreement against Seller consistent with the terms
of this Agreement, provided that Buyer must file its action for specific performance within ninety (90) days following Seller’s default hereunder, or (ii) terminate this Agreement by written notice to Seller prior to or on the Closing Date, and Seller shall reimburse Buyer for all out-of-pocket costs incurred by Buyer with third parties in connection with the Property and this Agreement for which Buyer provides to Seller copies of invoices or other evidence reasonably necessary to substantiate such costs. The foregoing provisions shall survive the expiration or earlier termination of this Agreement.
7.3 No Further Obligation. Except as otherwise provided in this Agreement, in the event this Agreement is terminated neither party shall have any further obligations to the other under or relating to this Agreement.
ARTICLE 8.
MISCELLANEOUS
8.1 Meaning of “Property”. Notwithstanding anything to the contrary, the “Property” to be transferred to Buyer pursuant to this Agreement shall include, to the extent such items are owned and are assignable by Seller as of the Closing (as defined above), all of Seller’s right, title and interest in and to all rights, privileges and easements of any kind appurtenant to the subject land, including without limitation all development rights, land use entitlements, governmental permits, licenses and certificates, leases, air rights, mineral rights, water, water rights, riparian rights and water stock relating to the land and any rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the subject land.
8.2 Survival; Termination. The representations, warranties and agreements of the parties contained or provided for in this Agreement shall survive the Closing and the recordation and delivery of the deed conveying the Property to Buyer and shall be and continue in effect, notwithstanding the fact that any party may waive compliance with any other term, provision or condition of this Agreement.
8.3 Notices. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications required or permitted by the terms hereof to be given to any person or entity (collectively, “Notices”) shall be in writing, and any such Notices shall become effective upon receipt of the recipient. Notices may be delivered via U.S. mail, certified or registered, with appropriate postage prepaid for first-class mail, or delivered by hand or reputable overnight courier that provides tracking information.
Courtesy copies of Notices may be sent via email, so long as the same Notices are also transmitted using mail, hand delivery or overnight courier, but such email transmittal shall not constitute notice evidence of receipt of the delivery of such email is obtained. All Notices shall be directed to the applicable address of such person or entity set forth below, or at such other address as either party shall hereafter designate in writing and deliver to the other in accordance with the provision of this paragraph:
If to Buyer at: Arredondo Ventures Inc.
4410 Wible Road
Bakersfield, CA 93313
Attn: Ali Dhain
Phone: (661) 809-0555
Email: [email protected]
If to City at: City of Taft
209 E. Kern St.
Taft, CA 93268
Attn: City Manager
Phone: (661) 763-1222
Email: [email protected]
8.4 Authority and Execution. Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so, has full right and authority to enter into this Agreement and all of its obligations hereunder.
8.5 Severability. The invalidity or unenforceability of any term or provision of this Agreement or the non-application of any such term or provision to any person or circumstance shall not impair or affect the remainder of this Agreement, and the remaining terms and provisions hereof shall not be invalidated but shall remain in full force and effect and shall be construed as if such invalid, unenforceable, or non-applicable provision were omitted.
8.6 Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing and duly executed as aforesaid. The provisions of this Section 8.6 may not be waived except as herein set forth.
8.7 Headings. The headings of the various Articles and Sections of this Agreement are for convenience of reference only and shall not modify, define or limit any of the terms or provisions hereof or thereof.
8.8 Parties in Interest. The terms of this Agreement shall be binding upon, and inure to the benefit of, the parties to this Agreement and their successors and assigns.
8.9 Counterparts. This Agreement may be executed in one or more counterparts. All such counterparts, when taken together, shall comprise the fully executed Agreement. This Agreement may also be executed by electronic delivery of executed counterpart of this Agreement delivered via email or facsimile. The parties hereto agree that the signature of any party transmitted by email or facsimile with confirmation of transmission shall have binding effect as though such signature were delivered as an original.
8.10 Governing Law. This Agreement shall be governed by and construed in accordance under the laws of the State of California.
8.11 Attorneys’ Fees. In the event of any proceeding brought by either party to enforce the terms of or arising out of this Agreement, the prevailing party shall be entitled to recover all costs and expenses incurred in connection therewith, including reasonable attorneys’ fees.
8.12 Cooperation. Each party hereto will, upon the reasonable request of the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents as may be reasonably necessary in order to fulfill the intents and purposes of this Agreement.
8.13 1031 Exchange. Each party will cooperate with the other to allow each party to effect an exchange qualified for tax deferral under Internal Revenue Code section 1031, provided, such cooperation shall not delay the closing and shall not require or result in any cost, liability or expense to the party so cooperating.
8.14 Amendment. This Agreement may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, modification, extension or discharge is sought.
8.15 Time of the Essence; Dates. Time is of the essence of this Agreement. If any of the dates specified in this Agreement shall fall on a Saturday, Sunday, or holiday, such date shall be deemed to have expired at 5:00 p.m. (Pacific Time) on the immediately next business day, notwithstanding anything to the contrary herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the Effective Date.
Dated: __________________, 2022 Dated: __________________, 2022 ARREDONDO VENTURES, INC. CITY OF TAFT
______________________________ By: ____________________________ Dave Noerr, Mayor
Attest:
_______________________________
Yvette Mayfield, MMC
City Clerk
Approved as to form:
_______________________________
Jason S. Epperson
City Attorney for City of Taft
LEGAL DESCRIPTIONS
THE LAND REFERRED TO HERIN BELOW IS SITUATED IN THE CITY OF TAFT, COUNTY OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOTS 6 AND 7 IN BLOCK 8 OF THE SOUTHERN PACIFIC RAILROAD COMPANY’S
FIRST ADDITION TO MORON (NOW CITY OF TAFT), IN THE COUNTY OF KERN, STATE OF CALIFORNIA, AS PRE MAP FILED MAY 9, 1910 IN BOOK 2 PAGE 1 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL ASPHALTUM, PETROLEUM, COAL OR OTHER MINERALS WITHIN OR UNDERLYING SAID PREMISES.
APN: 031-080-11
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
____________________________________________________________________________________________________________ DATE: MAY 5, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
APPROVE AGREEMENT WITH A.S.I., INC. FOR ABATEMENT OF ASBESTOS AT 520 NORTH
STREET IN PREPARATION FOR DEMOLITION OF BUILDING
SUMMARY STATEMENT:
The property located at 520 North Street was recently purchased by the City, as part of a larger land acquisition, for the purposes of economic development. This property has a blighted abandoned medical building that is an identified public nuisance and has been known to be a hangout for vagrants and drug users. The intent of the City has always been to demolish the building to prepare the land for marketing and due to the age of the building, the presence of asbestos was expected.
In order to enter in to an agreement for the demolition of the building, the asbestos needs to be abated. We obtained three bids for the proposed abatement and the lowest responsive and responsible bid came from A.S.I., Inc. in the amount of $28,900.
RECOMMENDATION:
Motion to approve agreement with A.S.I., INC., for abatement of asbestos at 520 North Street Taft, CA and authorize Mayor to execute said agreement.
IMPACT ON BUDGET (Y/N): Yes, General Fund
ATTACHMENT (Y/N): Yes, Agreement
PREPARED BY: City Clerk
CITY OF TAFT
PUBLIC WORKS CONTRACT
THIS CONTRACT, made this 3rd day of May 2022, by and between the City of Taft, a political subdivision of the State of California, hereinafter referred to as "City”, and A.S.I., Inc., hereinafter referred to as "Contractor”.
This contract is for the following project: Asbestos Removal at 520 North Street Taft, CA
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is hereby agreed as follows:
TERMS & CONDITIONS
1. SCOPE OF WORK:
The work to be performed includes but is not limited to provisions of all equipment, materials, and labor necessary for work to be performed for the asbestos abatement at 520 North Street in Taft, California, as described more fully in the Scope of Work attached hereto as Exhibit A, “Scope of Work,” and incorporated here by reference.
2. CONTRACT TIME:
2.1 COMMENCEMENT AND COMPLETION
The Work shall be commenced on the date specified in the City's "Notice to Proceed" and shall be fully completed no later than thirty (20) days thereafter, or such additional time as may have been provided by Change Order, pursuant to the Contract Documents.
2.2 TIME IS OF THE ESSENCE
Time is of the essence. If the work is not completed in the time specified, including such extensions of time as may have been granted for unavoidable delays, the Contractor will be assessed damages for delay in accordance with the liquidated damages provision herein. A determination of whether delays were avoidable or not shall be made by City in its exclusive discretion.
3. CONTRACT PRICE:
City shall pay Contractor for the full and complete performance of this Contract the sum of Twenty Eight Thousand Nine Hundred Dollars ($28,900.00).
The contract price may be adjusted only as provided in the Contract Documents and only upon the express written approval of the City Council of the City of Taft or the City of Taft City Manager and in the event of any such adjustment, the Contractor agrees that the maximum adjustment to be attributable to Contractor’s overhead and profit shall not exceed fifteen percent (15%) of the actual costs to Contractor for any additional work encompassed by any such adjustment, in accordance with the General Conditions.
4. PAYMENTS:
4.1 PROGRESS PAYMENTS
Thirty (30) days after the recording of a Notice of Completion City shall pay Contractor for the full and complete performance of this Contract the sum of $28,900.00.
The Contractor shall submit with the request for payment all receipts, payroll records and other information to substantiate his claims if requested by the City.
4.2 FINAL PAYMENT
Payment in full for the completed project will not be due until at least thirty (30) days after filing of the Notice of Completion with the County Clerk. Acceptance of final payment will be deemed a waiver of all claims except those which were timely made pursuant to the claims provisions of this contract. Final payment shall be made in accordance with the General Conditions of these Contract Documents.
4.3 INVOICE CONTENT
Invoices or applications for payment to the City shall be detailed and shall contain full documentation of all work performed and all reimbursable expenses incurred. Where the scope of work on the contract is divided into various tasks, invoices shall detail the related expenditures accordingly. Labor expenditures need documentation to support time, subsistence, travel and field expenses. No expense will be reimbursed without adequate documentation. This documentation will include, but not be limited to, receipts for material purchases, rental equipment, and subcontractor work.
4.4 ACCEPTANCE OF FINAL PAYMENT AS RELEASE
The acceptance by the Contractor of final payment shall be and shall operate as a release to the City of any and all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and/or neglect of the City or others relating to or arising from the Work, to the full extent authorized by Public Contracts Code Section 7100. No payment, however, final or otherwise, shall operate to release the Contractor of his sureties from any obligations under this Contract or the Performance and Payment Bonds required by this Contract, or the guarantees and warranties required by the Contract Documents, or the bond securing the same.
5. CONTRACT DOCUMENTS:
The contract documents comprise the entire agreement between the parties and may be amended only by a writing signed by both parties or by written change order. The contract documents shall include this contract, scope of work, bidding documents, addenda thereto, all proposals submitted by Contractor, the general conditions attached hereto and special, and/or supplementary conditions issued by the City.
Such documents, collectively referred to as the "Contract Documents,” are hereby incorporated herein by this reference and made a part hereof. Inclusion of a document in the list
above and/or in the definition of “Contract Documents” shall not be interpreted to mean that the absence of such a document shall in any way negate the terms of this Contract or Contractor’s obligations hereunder. Exclusion of any such document shall be in City’s sole discretion.
PERFORMANCE AND LABOR & MATERIAL BONDS:
Pursuant to the provisions of the California Civil Code Section 9550, for projects in excess of Twentyfive thousand dollars ($25,000), the Contractor shall, prior to the performance of any work covered by this Contract, provide to City in such form as may be acceptable to City, a "performance bond" guaranteeing the faithful and timely performance of the work to be performed under this Contact and guaranteeing the work for a period of one full year from the date of the completion of the work (which shall be evidenced by the filing of a notice of completion by City) and a separate "labor and material bond" guaranteeing payment to any laborer, subcontractor and/or material supplier for the work under this Contract. The amount of each of these bonds shall be in accordance with the General Conditions to the Contract.
6. REPRESENTATIONS BY CONTRACTOR:
The Contractor hereby represents that before bidding; Contractor carefully examined the Drawings and Project Manual, Scope of Work, other relevant documents, and visited the Site of the Work and fully informed Contractor as to all existing conditions at the Site and limitations of information provided by the City regarding the Site.
The Contractor further represents that Contractor has satisfied itself as to the nature and location of the Work, the general and local conditions, conditions of the Site, availability of labor, materials on the Site, the kind of equipment needed, the requirements of various trades or crafts needed to perform the Work and all other matters which in any way affect the Work or cost. The Contractor agrees that Contractor’s failure to acquaint itself with all available information concerning conditions shall not relieve Contractor from its bid or its responsibility for estimating properly the difficulties or cost of the Work, or the requirements for any trade, craft or portion of the Work.
The Contractor further represents that the Contract Price shall include everything necessary for the completion of Work and of fulfillment of this Agreement for Construction within the time specified hereby, including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities, and all management, superintendence, labor, and services. The Contract Price includes allowance for all Federal, State and local taxes and payment of the prevailing wages required by applicable law and/or the General Conditions.
7. AMENDMENT:
This Contract may only be amended by a written amendment which shall require the formal approval of the City Council of the City of Taft or a signed writing by the City of Taft City Manager. No other City officer, agent or representative shall have the authority to amend this Contract.
8. DELAY:
The Contractor specifically acknowledges and agrees that a time extension is itssole remedy for delays caused by the City, and agrees to make no claim for additional damages for such delay. Contractor shall be entitled to a price adjustment with such time extension Change Order, but such price adjustment shall be limited to Contractor’s direct additional costs to perform the Contract, subject to the General Conditions, and subject to verification by the City.
Processing of Submittals, Clarifications and other information by the City within the time specified in the Contract Documents shall in no event constitute a City-caused delay.
9. NOTICES:
Any notice, demand, request, consent, approval or communication that any party desires or is required to give any other party shall be in writing and either served personally or sent by pre-paid first-class mail. Any such writing shall be addressed as follows:
CITY PROJECT CONTRACTOR
Craig Jones, A.S.I., Inc.
City Manager Kevin O’Malley
209 E. Kern Street 2130 E. Brundage Lane
Taft, CA 93628 Bakersfield, CA 93307
I0. LIQUIDATED DAMAGES:
If the Work is not completed by Contractor in the time specified in Section 2 of the Agreement for Construction, or within any period of extension authorized pursuant to a duly issued Change Order, Contractor acknowledges and admits that the City will suffer damage, and that it is impracticable and infeasible to fix the amount of actual damages. Therefore, it is agreed by and between the Contractor and the City that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, a sum equal to one-half of one percent of the contract price, or the sum of One Hundred dollars ($100.00), whichever is greater, for each calendar day of delay until the Work is completed and accepted, and that both Contractor and Contractor's surety shall be liable for the total amount thereof, and that the City may deduct said sums from any monies due or that may become due to Contractor, prior to determining the final amount due to Contractor.
This liquidated damages provision shall apply to all delays of any nature whatsoever, save and except only delays found by the City Council of the City of Taft to be unavoidable pursuant to the General Conditions, or time extensions granted in writing by the City Council of the City of Taft.
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written.
CITY OF TAFT
By: ____________________________________
Dave Noerr, Mayor
ATTEST:
______________________________________
Yvette Mayfield, MMC
City Clerk
CONTRACTOR
By _____________________________
Official Title ____________________
License Number _________________
(CORPORATE SEAL)
CORPORATE CERTIFICATE
_ ____________________________________ , certify that I am the Secretary of the Corporation named as CONTRACTOR in the foregoing Contract; that _______________________, who signed said Contract on behalf of said Corporation is authorized to fully bind the corporation to this Agreement; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.
____________________________________
(Secretary) (CORPORATE SEAL)
GENERAL CONDITIONS
1. CHANGES IN THE WORK:
City may order additions, deletions or revisions in the work which shall be authorized by written change order. Circumstances may occur where Contractor may need to apply for a change in the contract. Such changes must be applied for in writing in advance by Contractor and approved prior to doing of the additional work. Changes in contract price due to change orders shall be established either by (1) unit prices (where bidding was done by unit price), (2) based on the actual cost of the work (including but not limited to all labor and materials) plus an amount not to exceed 15 percent (15%) for overhead and profit together, or (3) by mutual acceptance of a lump sum.
2. BONDS:
A. For projects involving more than $25,000 the contractor shall furnish two bonds each in the amount of 100 percent (100%) of the contract price, one as security for the faithful performance of the work, and the other as security for the faithful payment and satisfaction of all persons furnishing materials and performing labor for the project. The labor and materials bonds shall remain in effect until the recording of a Notice of Completion. The performance bond shall remain in effect until the running of the warranty period. The bonds shall be issued by a corporation duly licensed to transact surety business in California. The bonds must be executed by a duly licensed surety company and accompanied by a certified copy of the authority to act and shall be on the form provided by City.
B. In the event of a default by contractor, City shall notify contractor of the specifics of the default and shall extend a reasonable time to contractor to cure same or to pay such damages as City may reasonably assess under the terms of the Public Works Contract. City shall not release the bonds or security until contractor has fully performed under the contract. If contractor fails to promptly cure any breach or to pay such damages as may have been reasonably assessed after notification of the breach and/or of the assessment of damages, City shall proceed to sell the securities and/or make demand on the bonds.
D. City reserves the right to accept or to reject the tender of any bond or security as being sufficient to protect the interest of the City.
3. CONTRACTOR LIABILITY AND INSURANCE:
Contractor shall be liable for all damages and injury which shall be caused to City or any other property on or in the vicinity of the work or which shall occur to any person or persons or property whatsoever arising out of the performance of this contract. Contractor shall purchase and maintain such commercial general liability and other insurance as is appropriate and/or as may be required in the special conditions, for the work being performed and furnished and which will provide complete protection to City. Said policies shall be payable on a "per occurrence" basis unless City specifically consents to a "claims made" basis. At a minimum Contractor shall provide and maintain a policy of commercial general liability insurance in a combined single limit of two million dollars ($2,000,000.00) and Worker's Compensation Insurance.
Where the services to be provided under this contract involve or require the use of any type of vehicle by Contractor in order to perform said services, Contractor shall also provide
comprehensive business or commercial automobile liability coverage including non-owned and hired automobile liability in the amount of one million dollars ($1,000,000.00).
City shall be a named insured and a certificate of insurance and endorsements shall be provided by Contractor prior to commencement of work. Contractor shall also purchase and maintain property insurance upon the work or equipment and supplies stored at the site, if any, to the full insurable value thereof. All policies of insurance shall contain a provision that the coverage will not be canceled, materially changed, or renewal refused until at least thirty (30) days prior written notice has been given to City. If a loss occurs, the above insurance shall be primary.
4. RISK OF LOSS:
Liability for loss or damage to equipment, materials, work completed or services occurring on or off the site shall be the responsibility of Contractor. Liability for completed work shall not be assumed by City until both the work has been completed and City has accepted the work as complete.
5. MATERIALS AND EQUIPMENT:
All material and equipment shall be of good quality and new unless the contract provides otherwise. Whenever materials or equipment are specified or described in the contract documents by using the name of a proprietary item or a particular supplier, it is intended to establish the type, function and quality required. Any substitutions must be expressly consented to by City in advance of installation or use.
Where applicable, Contractor shall deliver all manufacturers’ operating and maintenance instructions to City prior to receipt of final payment.
6. WARRANTY AND CORRECTION PERIOD:
If within one year after the date of completion and City's acceptance of the work or such longer period of time as may be prescribed by law or regulations or by the terms of any applicable special guarantee required by the contract documents any work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instruction, either correct such defective work, or, if it has been rejected by City, remove it from the site and replace it with nondefective work. If Contractor is unable to promptly and properly correct any defective work, City may at its option have the work corrected by such other means as City deems appropriate and hold Contractor liable for all direct, indirect and consequential costs caused by such defective work. Said warranty shall apply to all work found to be "defective" which is attributable to the quality or quantity of the materials used, the quality of the workmanship or for lack of proper performance under the contract. The warranty obligation shall not limit the City's right to otherwise seek damages in the event of any failure by Contractor to properly perform under this Agreement.
7. PERMITS AND TAXES:
Unless otherwise provided in the special contract provisions, Contractor shall obtain and pay for all construction permits, licenses or other permits necessary to complete the work and shall be liable for all governmental charges, inspection fees, utility connection charges, sales, consumer, use and other taxes.
8. INDEMNIFICATION:
Contractor shall fully indemnify, hold harmless and defend City and its consultants, agents, officers and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential arising out of or resulting from the negligent performance of the work herein or willful misconduct by Contractor.
9. SUSPENSION OF WORK:
City may, at any time and without cause, suspend the work or any portion thereof for a reasonable period of time by notice in writing to Contractor.
10. TERMINATION:
Except as limited by law or regulation, City may terminate this contract upon the occurrence of any one or more of the following events.
A. If Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; B. If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency;
C. If Contractor makes a general assignment of its obligations and/or compensation under this Agreement;
D. If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; E. If Contractor admits in writing an inability to pay its debts generally as they become due;
F. If Contractor persistently fails to perform the work in accordance with the contract documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the time schedule); G. If Contractor disregards ordinances, laws or regulations of any public body having jurisdiction;
H. If Contractor disregards the authority of City's supervisory staff, and, in particular, the Contract Administrator;
I. If Contractor otherwise violates in any substantial way any provisions of the contract
documents.
City may, after giving Contractor seven days' written notice, terminate the services of Contractor, exclude Contractor from the site and take possession of the work, incorporate in the work all materials and equipment stored at the site or for which City has paid Contractor but which are stored elsewhere, and finish the work as City may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct, indirect and consequential costs of completing the work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs) such excess will be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to City. When exercising any rights or remedies under this paragraph, City shall not be required to obtain the lowest price for the work performed. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability.
Upon seven days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy, elect to abandon the work and terminate the Contract. In such case, Contractor shall be paid for all work executed and any actual expense sustained.
11. SUPERVISION AND CLAIMS DETERMINATIONS:
11.1 CONTRACT ADMINISTRATOR
City may appoint staff or hire professional services for supervision and administration, at its election. Said person is hereinafter referred to as "Contract Administrator". Upon the appointment of any such Contract Administrator the City shall promptly notify Contract of such action. The Contract Administrator is delegated authority to determine the amount, quality, acceptability and fitness of the work, materials and equipment to be paid for under this contract, to decide for City all questions relative to contract interpretation, to reject or condemn all work or material which does not conform to the terms of this contract and to review and make a final determination on all claims submitted to City. In the absence of an appointment of a Contract Administrator, the City Director of Public Works shall perform these functions.
11.2 WRITTEN CLARIFICATION
If there is an ambiguity in the contract documents, Contractor shall request an interpretation from the Contract Administrator. Contractor Administrator shall issue a written clarification or interpretation. If Contractor believes that a written clarification or interpretation justifies an increase in the contract price or an extension of the contract time and the parties are unable to agree on the amount or extent thereof, Contractor may make a claim therefore.
11.3 CHANGE ORDER
The Contract Administrator may authorize or require variations in the work from the requirements of the contract documents so long as it is in writing. Contractor shall perform the work involved promptly. If Contractor believes that such a change order
justifies an increase in the contract price or an extension of the contract time and the City and Contractor are unable to agree as to the amount or extent thereof, Contractor may make a claim therefore
11.4 UNIT PRICING
If the contract was based on unit pricing, the Contract Administrator will determine the actual quantities and classifications of unit price work. The Contract Administrator's written decisions thereon will be final and binding upon Contractor unless Contractor delivers to Contract Administrator written notice that Contractor disputes said decision and the reasons therefore as required below.
11.5 CLAIM PROCEDURE
For purposes of this paragraph, "claim" shall be defined as set forth in Public Contracts Code Section 20104(b)(2). Claims shall be presented in writing and include the documents necessary to substantiate the claim. Claims must be filed with the Contract Administrator no later than thirty (30) days after the occurrence of the event giving rise thereto or denial of the change order, whichever occurs last. The form of said claims shall be the same as is required by Government Code Sections 910 and 910.2.
11.6 CLAIMS UNDER $50,000
If the claim is under $50,000, City shall respond in writing to Contractor within forty-five (45) days of receipt of Contractor's claim or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to Public Contracts Code Section 20104.2, upon mutual agreement of the City and the Contractor.
The City's written response to the claim, as further documented, shall be submitted to the Contractor within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.
11.7 CLAIMS OVER $50,000
For claims over $50,000 and less than or equal to $375,000, City shall respond in writing to all written claims within sixty (60) days of receipt of the claim, or may request, in writing within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against Contractor.
If additional information is thereafter required, it shall be requested and provided pursuant to Public Contracts Code Section 20104.2, upon mutual agreement of City and Contractor.
The City's written response to the claim, as further documented, shall be submitted to Contractor within thirty (30) days after receipt of the further documentation, or within a period of time no greater than that taken by Contractor in producing the additional information or requested documentation, whichever is greater.
11.8 MEET AND CONFER
If Contractor disputes City's written response, or City fails to respond within the time
prescribed above, Contractor may so notify City, in writing, either within 15 days of receipt of City's response or within fifteen (15) days of City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer with such City representatives as the City Council of the City of Taft directs for settlement of the issues in dispute. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
11.9 APPEALS TO CITY COUNCIL
If following the meet and confer conference the claim or any portion remains in dispute, if Contractor desires to pursue Contractor's claim/demand for further compensation, Contractor shall be required to file a claim with the City Council of the City of Taft pursuant to procedures set out in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. All claims filed with the City Council of the City of Taft pursuant to the Government Code shall be filed within ninety (90) days of the denial of the original claim by the City representative. The running of the period of time within which a claim under the Government Code must be filed shall be tolled by any period of time utilized by the meet and confer conference. Any lawsuit which Contractor intends to bring with respect to any claim filed pursuant to the Government Code which claim has been denied by City must be commenced not later than six months after the recording of the notice of completion or not later than six months after the date final payment is deposited in the mail or personally delivered, whichever date comes first.
11.10 DOCUMENTATION
For every claim that Contractor makes, it shall provide the following documentation upon request of City as a condition precedent to consideration of the claim: Contractor's bidding calculations forms, cost estimates, time sheets, trend reports, job cost analysis records, labor records, as-built documents, any other records used by Contractor in arriving at its bid price, and any other documents or records kept by Contractor during the course of construction. In the event that claims are made, Contractor agrees that City shall have the right to conduct a complete audit of the books and records of Contractor relating to this project and any books and records relating to overhead, profit or general office expenses charged to this project.
11.11 CONTRACT ADMINISTRATOR NOT RESPONSIBLE
Notwithstanding the above, Contract Administrator shall not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto and will not be responsible for Contractor's failure to perform or furnish the work in accordance with the contract documents. Contract Administrator shall also not be responsible for the acts or omissions of Contractor or of any subcontractor, any supplier, or any other person or organization performing or furnishing any of the work.
12. PAYMENTS:
12.1 CONTRACTOR'S WARRANTY OF TITLE
Contractor warrants and guarantees that title to all work, materials and equipment covered
by any application for payment, whether incorporated in the project or not, will pass to City no later than the time of payment free and clear of all liens.
12.2 CITY MAY REFUSE TO MAKE PAYMENT
City may refuse to make payment of the full amount or any part if, in City's opinion, it would be incorrect to make such payment, including, without limitation, if Contractor’s work has been deficient in any manner. City may also refuse to make any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in City's opinion to protect City from loss because:
12.2.1 DEFECTIVE WORK. The work is defective, or completed work has been damaged requiring correction or replacement,
12.2.2 REDUCTION IN PRICE. The contract price has been reduced by written amendment or change order,
12.2.3 REQUIRED CORRECTIONS. Contractor has been required to correct defective work or complete work, or
12.2.4 SUSPENSION OR TERMINATION. Of City's actual knowledge of the occurrence of any of the events enumerated in paragraphs relating to suspension of work and termination.
12.2.5 LIENS OR CLAIMS. City may refuse to make payment of the full amount because claims have been made against City on account of Contractor's performance or furnishing of the work or liens have been filed in connection with the work or there are other items entitling City to a set-off against the amount recommended, but City must give Contractor immediate written notice stating the reasons for such action.
12.3 COMPLETION AND FINAL INSPECTION
When Contractor considers the entire work ready for its intended use, Contractor shall notify City in writing that the entire work is completed. Within a reasonable time thereafter, City and Contractor shall make an inspection of the work to determine the status of completion.
If City does not consider the work complete, City will notify Contractor in writing giving the reasons therefor. If City considers the work incomplete, City will prepare and deliver a list of items to be completed or corrected before final payment. Contractor shall immediately take such measures as are necessary to complete or correct the listed items.
12.4 ACCEPTANCE AND FINAL APPLICATION FOR PAYMENT
After Contractor has completed all such measures to remedy deficiencies to the satisfaction of City and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents, property owner's releases and other documents, all as required by the contract documents, and after City has indicated that the work is acceptable, Contractor may make application for final payment. The final application for payment shall be accompanied by all documentation called for in the contract documents,
together with complete and legally effective releases or waivers (satisfactory to City) of all liens and stop notices arising out of or filed in connection with the work. In lieu thereof and as approved by City, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the work for which City or City's property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor or supplier fails to furnish are lease or receipt in full, Contractor may furnish a bond or other collateral satisfactory to City to indemnify City against any lien.
12.5 FINAL PAYMENT
If, on the basis of City's review of the final application for payment and accompanying documentation, all as required by the contract documents, City is satisfied that Contractor's obligations under the contract documents have been fulfilled, City will, within ten days after receipt of the final application for payment, process the application for payment. Otherwise, City will return the application to Contractor, indicating in writing the reasons for refusing to make final payment, in which case Contractor shall make the necessary corrections and resubmit the application. Thirty (30) days after presentation to City of the application and accompanying documentation, in appropriate form and substance, or thirty (30) days after recording of a Notice of Completion, whichever date is later, the amount will become due and will be paid by City to Contractor.
12.6 CONTRACTOR'S CONTINUING OBLIGATION
Contractor's obligation to perform and complete the work in accordance with the contract documents shall be absolute. Neither the issuance of a certificate of substantial completion, nor any payment by City to Contractor under the contract documents, nor any use or occupancy of the work or any part thereof by City, nor any act of acceptance by City nor any failure to do so, nor any review and approval of a shop drawing or sample submission, nor the issuance of a notice of acceptability, nor any correction of defective work by City will constitute an acceptance of work not in accordance with the contract documents or a release of Contractor's obligation to perform the work in accordance with the contract documents.
12.7 ARBITRATION:
For claims under $375,000, City shall have the option of electing arbitration pursuant to Public Contracts Code Sections 10240, et seq. If City does not so elect, the provisions of Public Contracts Code Section 20104 shall apply. For claims which are above $375,000, the arbitration provisions of this contract are voluntary. Neither City nor Contractor shall be required to enter into arbitration for amounts above $375,000. Written consent of both parties to arbitrate such claims shall be a prerequisite to such arbitration. If the parties agree to arbitrate claims above $375,000, the provisions of Public Contracts Code Sections 10240, et seq. shall be utilized.
13. WORKER'S COMPENSATION CERTIFICATION:
Contractor hereby certifies that Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with
such provisions before commencing the performance of the work of this contract.
14. PREVAILING WAGE RATES:
In accordance with the provisions of Section 1770 and 1773 of the Labor Code, the City of Taft has determined the general prevailing rate of wages applicable to the work to be done. These rates are on file in the Department of Transportation. The Contractor shall post a copy of the wage rates on the job site. Pursuant to California Labor Code Section 1775, Contractor shall forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for such work or craft, and said amounts shall be distributed pursuant to the requirements of said Section 1775. Any employee whose type of work is not covered by any of the classified wage rates shall 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.
15. EMPLOYMENT OF APPRENTICE LABOR:
Reference is hereby made to Section 1777.5 of the Labor Code of the State of California, which regulations shall govern the employment of apprentices on the work. Compliance with said Section shall be the responsibility of the Contractor.
16. COLLECTIVE BARGAINING AGREEMENTS:
Pursuant to California Labor Code Section 1773.8, Contractor shall pay travel and subsistence payments to any workers covered by applicable collective bargaining agreements which provide for such payments.
17. PAYROLL RECORDS:
Contractor shall be responsible for keeping accurate payroll records as required by California Labor Code Section 1776. Contractor is aware that a penalty of twenty-five dollars ($25.00) per day or portion thereof for each worker may be assessed for noncompliance with said section. Contractor shall forward to City a certified copy of each payroll record within ten days after close of each payroll period. An additional 10% retention may be withheld from any payment due for failure to provide same.
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) 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)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
18. EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION:
During the performance of this contract, the contractor agrees to abide by all provisions of Section 1735 of the California Labor Code, as amended, regarding nondiscrimination practices.
19. ASSIGNMENT:
No assignment by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the contract documents.
20. CONFLICT OF INTEREST RESTRICTIONS:
No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspecting, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City who is in any legislative, executive, supervisor, or other similar function in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project.
21. WAIVER OF RIGHTS:
No action or lack of action on the part of City at any time to exercise any right or remedy conferred upon it under this contract shall be deemed to be a waiver on the part of the City of any of City's other rights or remedies.
22. SUCCESSORS IN INTEREST:
City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto; its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the contract documents.
23. SEVERABILITY:
If any provision to this contract is declared or found to be illegal, unenforceable or void, then both parties shall be relieved of all obligations arising under such provisions, and the remainder of this contract shall not be affected by such declaration or finding and each provision not so affected shall be enforced to the fullest extent permitted by law.
24. BOOKS OF RECORD AND AUDIT PROVISION:
Contractor shall maintain on a current basis complete books and records relating to this contract. Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and records shall be original entry books with a general ledger itemizing all debits and creditsfor the work on this contract. In addition, Contractor shall maintain detailed payroll records including all subsistence, travel and field expenses, and cancelled checks, receipts and invoices for all items. These documents and records shall be retained for at least five years from the completion
of this contract. Contractor will permit City to audit all books, accounts or records relating to this contract or all books, accounts or records of any business entities controlled by Contractor who participated in this contract in any way. Any audit may be conducted on Contractor's premises or, at City's option; Contractor shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from City. Contractor shall refund any moneys erroneously charged. If City ascertains that it has been billed erroneously by Contractor for an amount equaling 5% or more of the original bid, Contractor shall be liable for the costs of the audit in addition to any other penalty to be imposed.
25. NOTICE:
Notices shall be given to City at the following location:
If to "CITY":
City of Taft
City Manager
209 E. Kern Street
Taft, California 93268
If to "CONTRACTOR":
A.S.I., Inc.
Kevin O’Malley
2130 E. Brundage Lane
Bakersfield, CA 93307
26. JURISDICTION AND VENUE:
This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in the City of Taft, California, or if unable to seat venue in the City Taft, venue shall be in the County of Kern, California.
Exhibit A
Scope of Work is detailed in the attached Proposal received from A.S.I., Inc.
Initial Contractor Authorized Representative: initial.
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
____________________________________________________________________________________________________________ DATE: MAY 3, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
CEASE OF USE OF ANY CITY OWNED MILITARY EQUIPMENT PENDING COMPLETION OF
EVALUATION AND POLICY ADOPTION
SUMMARY STATEMENT:
In September 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address acquisition and use of military equipment. AB 481 requires a Military Equipment Use Policy be adopted by all agencies that have military equipment. The Taft Police Department currently has an inventory of military equipment and is currently evaluating the equipment and drafting a policy for the use of said equipment. It is the intent of the Department to complete the evaluation, draft the policy and post for the required public hearing. None of this equipment will be used until such time as the public hearing process and policy adoption is completed.
RECOMMENDATION:
Motion of the City Council of the City of Taft mandating cease of use of any City owned military equipment pending completion of evaluation and adoption of use policy.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): No
PREPARED BY: Chief of Police