TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
TUESDAY, JUNE 7, 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. PUBLIC HEARING TO RECEIVE PUBLIC COMMENT AND INPUT FOR THE CALTRANS ACTIVE TRANSPORTATION PROGRAM (ATP) - CYCLE 6 APPLICATION
Recommendation – Conduct public comment period to receive input from the public for the City’s ATP Application.
2. 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.
3. COUNCIL STATEMENTS (NON ACTION)
4. DEPARTMENT REPORTS
5. CITY MANAGER STATEMENTS
6. CITY ATTORNEY STATEMENTS
7. FUTURE AGENDA REQUESTS
****************************************************************************************************** CONSENT CALENDAR ITEMS 8-15
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?
8. MINUTES
May 17, 2022 regular
City of Taft Council/Successor Agency Meeting
Agenda
June 7, 2022
Recommendation – Approve as submitted.
9. PAYMENT OF BILLS
Warrant# 5/18/22 Check No. 96329-96338 $ 108,274.38
Warrant# 5/27/22 Check No. 96339-96392 $ 297,938.32
Recommendation – Approve payment of the bills.
10. TREASURER’S REPORT
Recommendation – Motion to receive and file Treasurer’s Report for the Month of March 2022.
11. RESOLUTIONS CALLING FOR A GENERAL MUNICIPAL ELECTION AND REQUEST THE KERN
COUNTY BOARD OF SUPERVISORS TO APPROVE CONSOLIDATION WITH THE STATEWIDE
GENERAL ELECTION
Recommendation –
1. Motion to adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
2. Motion to adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTION CODE.
12. AUTHORIZATION OF SALE OF CITY OWNED PROPERTY AT 324 KERN STREET, TAFT, TO
OWNERS OF THE BUSINESS ON CONTIGUOUS LOT FOR THE PURPOSE OF SITE
IMPROVEMENT TO ADD PARKING FOR SAID BUSINESS
Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE SALE OF PROPERTY LOCATED AT 324
KERN STREET TAFT, CALIFORNIA AND AUTHORIZING THE MAYOR, CITY MANAGER,
AND/OR ASSISTANT CITY MANAGER TO EXECUTE ALL ESCROW AND OTHER DOCUMENTS
NECESSARY TO COMPLETE THE SALE OF REAL PROPERTY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
13. SB-1 CITY OF TAFT PROJECT FOR FISCAL 2022/2023
Recommendation – A motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.
14. ACCEPT THE WORK PERFORMED BY A.S.I., INC. AND APPROVE THE FILING OF NOTICE OF COMPLETION FOR THE ASBESTOS ABATEMENT AT 520 NORTH STREET Recommendation – Motion to accept the completed work by A.S.I., Inc. for the asbestos abatement at 520 North Street and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder.
City of Taft Council/Successor Agency Meeting
Agenda
June 7, 2022
15. ACCEPT BID AND AWARD AGREEMENT IN THE AMOUNT OF $28,100 TO MAG ENGINEERING, INC. FOR THE 520 NORTH STREET TAFT, CA DEMOLITION PROJECT Recommendation – Motion to accept the bid in the amount of $28,100 from MAG Engineering, Inc., approve entering into an agreement for same and authorize the Mayor to execute said agreement.
*********************************************************************************************************
16. CITY OF TAFT CONTRIBUTION TO THE 4TH OF JULY FIREWORKS SHOW Recommendation –
1) Motion to authorize financial contribution to be made to the Taft Chamber of Commerce to assist in funding the “Taft Fireworks Show” in an amount decided by the Council. 2) Motion to authorize the waiver of all fees, the use of city employees and equipment associated with the event.
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 – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Taft Union High School vs. City of Taft
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 June 2, 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 June 2, 2022, at Taft, California.
Signature _________
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: June 7, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
PUBLIC HEARING TO RECEIVE PUBLIC COMMENT AND INPUT FOR THE CALTRANS ACTIVE TRANSPORTATION PROGRAM (ATP) - CYCLE 6 APPLICATION SUMMARY STATEMENT:
Caltrans has issued a Call for Projects for the Active Transportation Program (ATP) Cycle 6.
Per the program guidelines, eligible projects will be selected through a competitive process, should provide a transformative benefit to the community, and must meet one or more of the ATP goals.
The five categories for eligible project types are:
1. Infrastructure Projects
2. Plans
3. Non-infrastructure Projects
4. Infrastructure Projects with Non-infrastructure components
5. Quick-Build Project Phase II Pilot Program
The City is asking for public input to assist with the planning of a competitive application to be submitted to the ATP Program for funding.
RECOMMENDED ACTION
Conduct public comment period to receive input from the public for the City’s ATP Application.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): No
PREPARED BY: Public Works
TAFT CITY COUNCIL/SUCCESSOR AGENCY
MINUTES
MAY 17, 2022
__________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.
The May 17, 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 Council Member Whiting, followed by an invocation given by Pastor Michael Chiaramonte.
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 Bryant
1. PROCLAMATION – PUBLIC WORKS WEEK
2. CITIZEN REQUESTS/PUBLIC COMMENTS
There was none.
3. COUNCIL STATEMENTS (NON-ACTION)
Mayor Pro Tem Krier shared some information he had heard from a border control agent about the border wall.
Mayor Noerr reminded everyone that graduations are getting ready to happen and summer vacation for the kids is upon us, he asked that everyone be extra careful when out and about town.
4. PLANNING COMMISSION REPORT
Planning Commissioner, Jerry Livingston, reported that at their last meeting they went over the feedback from their last Downtown Specific Plan Workshop and expect to have ordinance updates soon. He also stated that they took action to move their June meeting from the first Wednesday of June to the 3rd.
5. DEPARTMENT REPORTS
There was none.
6. CITY MANAGER STATEMENTS
City Manager Jones expressed his appreciation for the public works staff and reminded everyone to be cautious of the construction zones around town.
7. CITY ATTORNEY STATEMENTS
There was none.
8. FUTURE AGENDA REQUESTS
There was none.
******************************************************************************************* City of Taft Council/Successor Agency Meeting
Minutes
May 17, 2022
CONSENT CALENDAR ITEMS 9-14
Motion: Moved by Eveland, seconded by Whiting to approve consent calendar items 9-14.
AYES: Krier, Eveland, Whiting, Noerr
PASSED: 4-0
9. MINUTES
May 3, 2022 regular
Recommendation – Approve as submitted.
10. PAYMENT OF BILLS
Warrant# 5/6/22 Check No. 96276-76279 $ 57,209.11
Warrant# 5/13/22 Check No. 96280-96328 $ 162,620.46
Recommendation – Approve payment of the bills.
11. 2022-2023 APPROPRIATIONS LIMIT
Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TAFT ESTABLISHING APPROPRIATIONS LIMIT FOR 2022-2023. (Resolution No. 4146-22)
12. AGREEMENT WITH CALIFORNIA STATE CONTROLLER OFFICE (SCO) TO PREPARE
THE REQUIRED ANNUAL STREET REPORT
Recommendation – Motion to authorize the Mayor to execute the Professional Services Agreement with California State Controller.
13. FUNDING TO THE TAFT CHAMBER OF COMMERCE FOR THE QUARTER OF JANUARY 2022 TO MARCH 2022
Recommendation – Motion to approve the 25% allocation of the Transient Occupancy Tax to the Taft Chamber of Commerce for the quarter of January 2022 through March 2022.
14. FRANCHISE AGREEMENT – WESTSIDE WASTE MANAGEMENT CO., INC. – AMENDMENT #1 TO SECTION 11.1 COMPENSATION FOR BASIC RESIDENTIAL
SERVICE
Recommendation – Motion to authorize the Mayor to sign the Amendment #1 to the Franchise Agreement between the City of Taft and Westside Waste Management Company, Inc.
********************************************************************************************* At 6:24 PM the regular meeting was recessed to closed session.
CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8 – APN’s 031-070-05, 06, 07 and 08 City of Taft Council/Successor Agency Meeting
Minutes
May 17, 2022
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 6:50 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor
May 17, 2022
Members of City Council
City ofTafr
Reference: Treasurer's Report for the Month of March, 2022 Dear Members of the City Council:
The attached are Treasurer's Investment Fund Summary Report, Cash Receipts & Disbursements Summary Report, and othel supporting documents of the report. The investment Fund Summary Report is presented at fair market value, as well as book value in accordance with Statement No. jl of the Governmental Accounting Standards Board (GASB), Accounting and Financial Reporting for Certain lwestments. As defined, when the Treasurer's Pooled Cash Portfolio is an external pool and must report accordance with GASB 3 1 for fiscal years beginning after June I 5, 1997. The reporting at fair market value is for compliance with GASB 3 I and is not to be used for budgetary purposes, since actual fund values and interest dllocated in the Investment Fund are on an accrued accounting basis according to Generally Accepted Accounting Principles.
The monthly interest earnings from the pooled unrestricted money investments in passboollchecking accounts, certiJicate of deposit, and investment tn U.S. government securities for the month ended March i1, 2022, were $9.621.18 and the restricted money ineestment monthly interest earnings were 542.81. These earnings represented an average net annualized yield of .96%. and .29?5. respectively. For reference, a comparable statement ofinterest earnings on a quarterly basis for the year ending March 31, 2022, is shown at the bottom of the Summary of Receipts & Disbursements report.
The itwestment program generates additional annual operating revenue for the City.
Interest earnings are distributed quarterly to the participating funds in the City's Investment Fund.
Califtrnia Government Code Section 53646 (b)(2) requires a report of "compliance with the stdtement of iwestment policy, or manner in which the investment is not in compliance". At the time of purchase all investments were in compliance with State law and our inyestment policy.
ADMINISTRATION . FINANCE ' PLANNING . PUBLIC WOBKS
209 E. KERN STREET . TAFT, CA 93268
661 t 763-1222 . 661 / 765-2480 FAX
www.cityottaft.org
Califtrnia Government Cofu Section 53646 (b)(3) requires a "statement denoting the ability of the local agency to meet its pool's expenditure requirements for the next six months... ... " To the best of my knowledge, the City's investment fund has sfficient liquidity to meet its obligations for the next s* month's.
It is recommended that you receive and Jile this information.
Very truly yours,
Ben Mangum
City Treasurer
Cc: Teresa C. BinHey, Finance Director
Accountant
stvoll\FINANCE\EXCEL\FUND09\Tres Repod202l-2022\TRS0322.doc
EXHIBIT A
CITY OF TAFT
TREASTJRER'S REPORT. CASH & INVEST ENT SUiIMARY
AS OF T||ARCH, 2022
PERCENT
PORTFOLIO
OF
YIELD TO MATURITY
ATURJTY
OAIE
3lxt oaYs
EOUIVAIENT
345 oaYs
EOUIVALENT
POOLEO O€SIGNATEO ANO OPERAING A&l cAss & rr{vEsTuENTs:
BOOK
VALUE
IIARKET
VALUE
9100 Passboot / Clrectiig Acaouts
WESTMERICA BANK 12.73% NOW
49.91% NOW
l_mi6 Now
10.21% SEE OfiIBIT D
19.1{I% SEE EXHIBIT D
6j6% SEE EXHIBIT D
[email protected]!6
o.olzfi
o21%
0.oz|i
0.42!6
1.45%
1.67%
0.02*
o21%
0.021%
0.625%
1.17*
1.@%
91Ol Locd rq6.Et lnv€srnenr Fulds (A)
srre Pool oemrld oepods(36o
$103 C€difcde d Depose
urtted s€oity Be*
$10/t lft€slm€d-lr.S. Go/€mmats€oril,es
US Be|lco.p Pip€rJeflEy
s1,870.170.53
t7.331 ,726.71 $7,331,726_71
s263.725.88 s263.72s EE
s1
$2.819.264.34 32,735.803,14
s904.858.26 *n,7n_69
t14,579,204.25
9115 UBS Fi.rcll S€ftt€s. lrE
OP€RATI'IG CASH & I'A'ESTUE I:i:
rG102
5+100
541@
6G114
62103
67-101
7t>102
71-1U
71-102
EE5IESIESSAEE-USESIUE!tr9
Publc &E rcy R€fiem€nt S€rvlc6 (PARS)
Res[id6d cash - lnmete WellarE Fur*t
Restsctsd casn - hmalo Trust Furd
Rostrlcied ca6rF Esc.o* Accourn COFW
Re$kred c.sE LcToP-BUs PASSES
Re$jcred 19 Rev. R€tnEing Eord lnv€atmorns
US Eank
S€ority of U.S. Gov€rnm€r (365)
R€6tj.l6d caslFWWTP Consbuc{on (3366)
Recaided c.sn - COP USDA (8.123)
7E.94%
2.2i%
0.33%
o.4a%
1.24%
0.m96 01n7tza
0.99%
o.o2*
0.o2f6
0.o2%
0.o2%
0.@%
1.m%
0.o25%
0.025%
0.025%
0.025%
o.o0%
117 $2,E56,201.17
s79,633 22 s79.633.22
t11.792.36 s11,792.36
s17.179.67 s17,179.67
$46,145.69 $.16,145.69
50 00 $0 00
tr411,947_11 $441,9r9.11
s154,427.42
12,22% SEE EXHIBIT O
4.23% SEE EXHtSrr O
o.2a%
't@.(E%
0.01%
1 26%
0.01%
s152.910.78 1.277%
MONIES 10 HOLD ACCT OPEN FROM FO 71 (3.3E€
TOTAL RESTRICTEO CASH & INVESTMENTS:
i18,196,E30.12
10.026.83 s10,026.83
$3,616,136.83 53,617,625.87
This r€F.l ls p.esenl,ad Frsurt to tE Cily ot Ta(s lrw€stn€nt Po&ry sl*n vi6 reds€d by fp Tan Ciy Col.rrd d ils r€gdar, sd€(tl€d mcelhg c, MARCH 2q22 Tn€r€ er€ sulk €nt nftb lo meel the oen 6 moot|s' obigalirts. (A) as a{oc,€d !y G$foo*l Goyernmenl Cod€ Se<rixi $olqe). atlaci€d Efibit D & E$Dn E Fovirss rh€ aq€nq d/nenl €t€l vdtE as of the repodtng dare, MARCH 31 , 2022 11 870.170 53
31,5@,000.@
$14,6a9,749.76
GRAr{o roraL casH a rNvEsrirErlrs _____!1!.!9!Ml9-
CITY OF TAFT
Trca3ure/s Ropo6 - Summary of R€ceipts & DEhursom.nts
For the monltr ending itARCH 2022
02!2UX2
PAID
II{TEREST
ITSBURSEIEi|TS GA|N(LOSSI
TRAI{SFER
RECEIPTS IOUI
-TRANSFER EtlAitcE
A5 OF
IN 04t31122
POOI"ED DE]iE AIED ATO OPERAIING g^tEglllEstI$tlt
PASSE@(THECKiIG ACCOUNT.WA
CENFGAIE OF DEPOGIT/IJNIIEO SECURIIY 8AI{K
I.OC'I]. AGEI{CY INVESIIIENI FUND
INVESTI'EiIT-U.S. @VERiIXEI{I SECURMES
CERNFEqTE OF OEPOqI/WELLS FARGO
C€RTIFICATE OF OEPOSIT/uSS FIMIrc]AL SERVrcES I{C,
t1,191,324.41
1369,792 20
s7,331,7X.71
t1,5d),000 @
s2,810'C2.$
tgaB.762r.29
al ,870.r 70.53
]3.725.88
17,31 ,726.71
11.500,a0.@
12.619 2€a 3a
!94,45a.26
12,025,60420 (!1.3rt6.9a704) 524.56
1156.73
$.345 92
11,0€o.97
(s106.22305)
TOTA! X'OLED DESGIIATED AIID
OPERATIT,IG CASS A NVEsTI'EIITS tr4.r07.53047 S2.025.8Da20 (s1 ,3/6.9a7 041 s9 621.14 50 00 (51G.22305) J1..6€9.749.76
RESTECTEO CAST I ITVESTTEXTS
P1JBIIC AGErcY RMREMENT SERVICES (PARS)
IN ATE WELFARE F!'NO
INXAI! IRUST FUND
ESCROW ACCOU|fi{O€W
LCIPSJS PASSES
2019 REV, REFIINDIiIG BOND. US BANK
WELLS FARGOWWTP COTISTRT'CTICIN
WELLS FARCO{OP USOA
MONTES TO HOLO ACCT O0) FROI' FD 71
IOIAL RfSTRTTEO CISI{ I IIVESTUETTS:
GRAIIO TOTAL CASH T II{VESTUENTII
t2,847,075 35
179,67a.91
t11,727.43
517,a7536
96,13.a.31
lom
t!r1,943.65
t152,909.96
610,02643
(ll,{4231l) {529,€1_84)
{t6r.34) 419.65
t3.t9
$4.31
111-38
tt.956.201 .r7
179.633.22
t11.79eS
t17,179_67
1,16.1a5.@
ao.o
s4a1.947.1t
1r52.910.76
110,026.83
s61 34
$3 {6
50 82
s3 646,964 20 s61 34 {s1.5O3 6a) 349 031 30 00 t0@ t3616136 83 t17,754,,€a.67 $2,@5,86€.54 (S1,34e,49O.72) (t19,767 85) $0 0o (110622305) 518305,8€659 INTEREST EARNEO OURTNG THE CI'RRENT MONTH ENOEO MARCH 31,2021 ARE AS FOILOWSI P@L€O CASH & INVESTMEMIS - WITII . WA
P@IEOCASH! INVESTM€NTS.WTII.US EANK
[email protected] CTSH A INVEST ENTS . WIIH . LA,I,F
P@LEO GASH A NVESTMENTS . vvllH . PTPER JAFRAY
P@IEO CASH & INVESTIIENTS.WT*WEILS FARCO
POOTEO CASH ! INVESTMENT$WTH.U8S FNA|€IAL SERVICE
RESIF|CIED CASH & INVESIUENTS
t4.345 92
i1.093 97
629 349 03i
_€r.9@).
TOTAL
t24.56
s156.73
1o.00
50@
$ 3/(i.92
!1.003 97
___.o?9lE!3r
-{!134t
QUARTERLY SEMLANNUAL
t24 56
9156.73
so 00
som
s0 00
TOIAI s0 00
TOTAL U RESTFTCEO CASH I rl{VEST EmS (EXCfUOlrllG LAlF) iOIAL
QTR ENO]NG
E&!jl.@
OTR, ENONG
JUNE 30 202?
Frscat
YEAR IO OAIE
5o@
50m
s0@
90m
to@
50.@
!o@
QTR. ENOING
sEP 30.2021
OTR ENOING
oEc 31 2021
POOLEO CISH & INVESTU€NTS . vvlTH . WA
POOLEO C/"SH A NVESIUENTS . WTH . U.S. B,\NK
P@LEO CISH & IiI. SITaENTS - WllH - Ll"l.F.
POOLEO CASH & INVESTUEI{IS . wlTH . UNrrED SECUR'IY BAr{ P@IEO CASH A NVESTTENTS . WTH .
POOLED CTSH A NVESI'ENIS - wlTH . 'TSU8S
RESIRICTEO CASH & INVESIT'ENTS
156 26
s4,647.50
44,7o2.f3
1271,6
513,91049
5341.81
$1,2$ 39
$4.r2
ao.0o
,1,&102.
5264.67
att,s3.87
t4,795 07
l52.OO
l26a al
trr.687 50
312.!Xt3 39
181a36
13231769
49.527.4
11 ao2 36
t121.41
ao@
t3,479 64
s9.4n '2742333
5,r,39) 41
$n37
ti4,2e2 3A
tta,l!5.4!t
l192rt26
425.2€,7-16
t13,997 61
lla,$4.75
50.@
50 o0 461 9e7 {O
9901.r Ol
EXHIBIT B
OUAiIERLY INTEREST EARNING ARE AS FOLLOU'S:
EXHIBIT C
NC# POOLED DESIGNATED AND OPERATING
CASH & INVESTMENTS:
BOOK
VALU E
i,ARKET
VALUE
9-100 Passbook / Checking Accounts
WESTAMERICA BANK
"NOW' Demand Deposits (365)
9-101 LocalAgency lnvestrnent Funds (A)
State Pool Demand Deposits(365)
9-103 Certiricate of Deposit
UNITED SECURITY BANK
9-'1 04 lnvestment-U.S. Govemment Securities
US Bankcorp Piper Jafftay
9-1 '14 Certificate of Deposit
WELLS FARGO
9-1 15 BOND SECUR!ry
UBS FINANCIAL SERVICES, INC,
$1,870,'170.53 $1,870,170.53
$7 33'l 726.71 $7 331 726.71
$263,725.88 $263,725.88
$1,500,000.00 $1 500,000.00
$2,819,268.38 52 803.44
$904,858.26 $877 777.69
$'14,689,749.76 $14,579,204.25
TOTAL POOLED DESIGNATED AND
OPERATING CASH & INVESTMENTS:
GENERAL FUND
SPECIAL REVENUE FUND
COMMUNIry CORRECTIONAL FACILITY
SEWER FUND
REFUSE FUND
TRANSIT FUND
FEDERAL WWTP
TAFT COMMUNIry DEVELOPMENT AGENCY
WASTEWATER TREATMENT PLANT
FED DOJ DRUG FORFEITURE
UNALLOCATED INTEREST INCOME
EXPENDITURE CONTROL
($2,295,228.29\
1,509,754.88
$2,701,693.08
$3,552,436.28
$'t ,592,441.O7
($1 ,880,323.1 1)
$5 ,1 16 ,121 .29
s342,100.65
M,050,753.91
s0.00
$0.00
$14,689,749.76
PRINT FORMAT: P, TOTAL POOLED DESIGNATED AND
OPERATING CASH & INVESTMENTS:
$0.00
CITY OF TAFT
TREASURER'S REPORT. CASH & INVESTMENT SUMMARY
POOLED DESIGNATED, OPERATING CASH, & INVESTMENTS
AS OF MARCH 2022
SUMMARY OF GASH & INVESTMENT BALANCES BY FUNDS
COST OF CD
MARKET
VALUE OF CD
INTEREST
RATE
TE RM
MATURITY
DATE
SETTLEMENT
DATE
INTEREST EARNED
IN FISCALYEAR
INTEREST
PAYS
CITY OF TAFT
March 31- , 2022
US GOVERNMENT SECURITIES
FEDERAL FARM CREDlT EANK SEIV]I-ANNUALLY
WELLS FARGO
EVERBANK
Blr/lw Bl( N AMERICA CD
AMER]CAN EXPRESS (UT)
CIT BANK
NELNET BANK CD
GOLDTvTAN SACHS (NY)
CAPITAL ONE BANK GA
BANK OF BARODA
BANK HAPOALIM
BANK OF PRINCETON
TEXAS EXCHANGE
JONESBORO ST BANK
STATE BANK OF ]NDIA
LUANA SAV]NGS IA
STATE BANK OF INDIA NY
NEW VALLEY BANK
EAGLEMARK SVGS BK
GOTDMAN SACHS BK USA CD
311t2022
12t28t2023
3t6t2024
1213012024
6t21t2024
11t13t2025
11t24t2025
12130t2025
3t16t2026
2t25t2027
3t9t2027
9t29t2026
04121117
09t18t20
05t15t17
05t29t18
04t13t21
02t28t17
02124117
12t18t18
o2t2Bl19
06117t20
06t17t20
11116t20
11t19t20
12t21t20
03t01t21
03t03t22
03t09t22
09t29121
RESTRICTED:
BANK OF BARODA
FIOELITY GOVERNMENT
12t28t18
12111t19
$ 56,000.00
$ 570,012.48
$ 250,000.00
$ 50,000.00
$ 191,000.00
$ 240,000.00
$ 100,000.00
$ 250,327.50
$ 46,554.50
$ 19'1,555.8'l
$ 245,054.40
$ 92,938.00
412812022
9t25t2025
5t24t2022
4t15t2426
3t24t2024 $ '1,500,000.00 $ 1,500,000.00 0.6250/. 4 YEARS 4t1t2424 5 YEARS
5 YEARS
5 YEARS
5 YEARS
5 YEARS
5 YEARS
5 YEARS
5 YEARS
4 YEARS
4 YEARS
5 YEARS
5 YEARS
5 YEARS
5 YEARS
5 YEARS
5 YEARS
5 YEARS
$ 222,000.00
$ 169,000.00
$ 240,000.00
$ 245,000.00
$ 245,000.00
$ 140,000.00
$ 100,000.00
$ 250,000.00
$ 't00,000.00
$ 169,235.00
$ 100,000.00 $ 200,ooo.oo
$ 100,000.00
$ 100,000.00
$ '100,000.00
$ 100,000.00
$ 100,000.00
$ 199,444.38
$ 200,000.00
$ 222,011.10
$ 173,578.21
$ 244,456.80
$ 232,674.A5
$ 236,655.30
$ 129,460.80
$ 92,962.00
$ 230,560.00
$ 92,697.00
$ 162,632.00
$ 97,015.00
$ 186,696.00
$ 57,517.04
$ 440,000.00
100,531.00
102,342.00
99,845.00
93,127.00
93,327.00
188,708.00
192,546.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2,694.86
250.00
2,310.84
3,910.68
376.03
414.A0
5,'106.00
2,965.60
7,320.00
1,007.86
1 ,1 9'1 .08
371 .29
277.26
501.37
650.00
221.70
1 ,041 .37
5,303.70
't,688.77
1,109.04
500.00
504.11
665.75
SEMI-ANNUALLY
SEIV]I-ANNUALLY
S E I/,]I-AN N UA LLY
SEIVI.AN NUALLY
SEIVI-AN NUALLY
REDEEMED
SEIV]I-ANNUALLY
S E I\,1 I-A N N UAL LY
SEIV]I.ANNUALLY
IVIONTH LY
IV]ONTHLY
I\,1O NTH LY
SEIV]I-ANNUALLY
SEIV]I-ANNUALLY
SEMI-ANNUALLY
I\,{ONTH LY
S E I\4 I-AN N UA LLY
SEI\4I.ANNUALLY
3.50%
0.0'1%
5 YEARS
1O YEARS
12t28t2423
6t24t2029
982.68
36.10 SEIMI.ANNUALLY
[/]ONTH LY
$
$
UBS FINANCIAL SERVICES
COMENITY BANK
DISCOVER B(
MORGAN STANLEY
STATE BK IL US RT
GOLDMAN SACHS
BANK UNITED
SALL E MAE BAN( UT US
07t25117
07t25t18
07 t26t19
09t25t20
08t09t21
12t14t21
12115t21
2.340/o
3.270k
2.200k
0.540/a
1 .070/0
1.43%
1.04%
5 YEARS
5 YEARS
5 YEARS
5 YEARS
5 YEARS
5 YEARS
3 YEARS
812t2022
8t1t2023
8t112024
9t22t2025
8t18t2026
12t8t2026
1211512024
MONTHLY
SEIV]I-ANNUALLY
SEIV]I-ANNUALLY
SEMI-ANNUALLY
SEMI-ANNUALLY
OUARTERLY
SEMI-ANN UALLY
$
$
$
$
$
$
$
$
$
$
$
$
$
Totallnterest Earned 41 400.09
BANK
2.15%
0.50%
2.40%
3.25vo
0.75%
2.30%
3.50%
3.05%
0.55%
0.65%
0A0%
0.55%
a.40%
0.65%
1.70%
2.AO%
1.05%
m
x
-
@
E] =
lVlatu rity Distribution
IJS Treasuries
Cedificates of Deposits
720%
100%
24.OOa/a
rca%
8A%
60%
4A%
2a%
0%
18.00%
18.00% 13.00%
lao%
24_AO%
15.00% 16.00%
16.00%
14.AOok
M.A0%
m
x
-
@
=m
L5.00% I
73.O4%
0-1 7-2 2-3 3-4 4-5 >5
As of MARCH, 2022
0-1 't-2 2-3 3-4 4-5 >5
Portfolio/Benchmark Years Years Years Years Years Years l
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: June 7, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
RESOLUTIONS CALLING FOR A GENERAL MUNICIPAL ELECTION AND REQUEST THE KERN COUNTY
BOARD OF SUPERVISORS TO APPROVE CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION SUMMARY STATEMENT:
Attached for Council consideration are two resolutions: 1) Calling and giving notice of the General Municipal Election, and 2) Requesting the Kern County Board of Supervisors approve consolidation with the Statewide General Election to be held on November 8, 2022.
The nomination period will be July 18, 2022 through August 12, 2022 for three (3) Members of the City Council. Should an incumbent elect not to file nomination papers, the closing date will be extended to 5:00 p.m., August 17, 2022, for that specific seat.
The Council Members whose terms expire in December 2022 are Josh Bryant, Jeff Eveland and Ed Whiting.
RECOMMENDED ACTION
1. Motion to adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS
AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
2. Motion to adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAFT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTION CODE.
IMPACT ON BUDGET (Y/N): No, budgeted
ATTACHMENT (Y/N): Yes, Resolutions
PREPARED BY: Office of the City Clerk
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES.
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the election of Municipal Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TAFT, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Taft, California, on Tuesday, November 8, 2022 a General Municipal Election for the purpose of electing three (3) Members of the City Council, for full terms of four (4) years.
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized and instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
SECTION 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
PASSED, APPROVED AND ADOPTED on this 7th day of June, 2022.
Dave Noerr, Mayor
ATTEST:
Yvette Mayfield, MMC
City Clerk
Resolution No. _____________
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 7th day of June, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Yvette Mayfield, MMC
City Clerk
RESOLUTION NO.___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF KERN TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO
SECTION 10403 OF THE ELECTION CODE
WHEREAS, the City Council of the City of Taft called a General Municipal Election to be held on November 8, 2022, for the purpose of the election of three (3) Members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date, and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Kern canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TAFT DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of the election of three (3) Members of the City Council.
SECTION 2. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. That the City of Taft recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Kern.
PASSED, APPROVED AND ADOPTED on this 7th day of June, 2022. ______________________________
Dave Noerr, Mayor
ATTEST:
________________________________
Yvette Mayfield, MMC
City Clerk
Resolution No. _______
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 7th day of June, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
______________________________
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
AUTHORIZATION OF SALE OF CITY OWNED PROPERTY AT 324 KERN STREET, TAFT, TO OWNERS
OF THE BUSINESS ON CONTIGUOUS LOT FOR THE PURPOSE OF SITE IMPROVEMENT TO ADD
PARKING FOR SAID BUSINESS
SUMMARY STATEMENT:
The City owns the property located at 324 Kern Street, which is next to Tacos Y Mariscos Casa Tabares Restaurant. The city owned property is a small lot at just 3,124 square foot and is basically undevelopable in and of itself, however being contiguous to the Tacos Y Mariscos Restaurant, it could add valuable needed parking for the business and the owners of the business are interested in the property for this purpose. Due to the small size of the lot (under 5,000 square foot) and the fact that the land is being purchased by the owner of contiguous property, the land has been found to be exempt surplus land per Government Code 54221(f)(2)(i).
The agreed upon purchase price for the property is $1,500 plus buyer will pay all escrow fees and required development improvement fees. Per the Purchase/Sale Agreement the buyer has agreed to start the process for the lot merger once the escrow closes and have the required improvements completed within one year.
In order to move forward with the sale of the property, the Council will need to 1) make the finding that the lot, due to its size and location contiguous to the buyer, is exempt surplus land under Government Code 54221(f)(2)(i), 2) authorize the sale and authorize the city to enter in to an agreement and open escrow, and 3) authorize signer(s) for execution of the documents required for the sale.
RECOMMENDED ACTION
Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE SALE OF PROPERTY LOCATED AT 324 KERN STREET TAFT, CALIFORNIA AND
AUTHORIZING THE MAYOR, CITY MANAGER, AND/OR ASSISTANT CITY MANAGER TO EXECUTE ALL
ESCROW AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE OF REAL PROPERTY, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes – Resolution and Purchase Sale Agreement PREPARED BY: City Clerk
Resolution No. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE SALE OF PROPERTY LOCATED AT 324 KERN STREET TAFT, CALIFORNIA
AND AUTHORIZING THE MAYOR, CITY MANAGER, AND/OR ASSISTANT CITY
MANAGER TO EXECUTE ALL ESCROW AND OTHER DOCUMENTS NECESSARY
TO COMPLETE THE SALE OF REAL PROPERTY, AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the City of Taft owns real property located at and commonly known as 324 Kern Street, Taft, California; and
WHEREAS, the City Council of the City of Taft has found and finds that it is for the common benefit, interest, and convenience of the City of Taft to sell said real property as per Government Code Section 37350; and WHEREAS, the owner of the property next to this parcel wants to purchase the property to expand the parking for their business and have made an offer to purchase said property in its “as-is” condition for $1,500 and pay all closing costs for the purchase; and
WHEREAS, the buyer has also agreed to have the parcel merged with their current business property and make the required improvements to the property; and
WHEREAS, the City Council finds this parcel of land to be exempt surplus land per Government Code Section 54221(f)(2)(i) as it is less than 5,000 square foot in size and is being sold to the owner of contiguous land; and
WHEREAS, it is keeping within the government code, convenient and in the interests of the City of Taft to permit the sale of the property and authorize the Mayor, City Manager, and/or Assistant City Manager to execute all documents necessary for the sale 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 sale of real property located at and most commonly known as 324 Kern Street, Taft, California for $1,500 with the buyer paying all closing costs, is hereby 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 sale 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 7th day of June 2022. ________________________________
Dave Noerr, Mayor
ATTEST:
______________________________
Yvette Mayfield, MMC
City Clerk
Resolution No._____________
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 7th day of June 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
______________________________
Yvette Mayfield, MMC
City Clerk
PURCHASE SALE AGREEMENT
324 KERN STREET
TAFT, CALIFORNIA 93268
APN# 031-140-23
This agreement is entered into this _______ day of ________ 2022 by and between the City of Taft (“Seller” “City” herein) and Andres Tavares and Eva Guadalupe Jimenez (“Buyer” herein) for the purchase of property located at 324 Kern Street, Taft, California, Assessor’s Parcel Number 031-140-23.
RECITALS
A. Seller is the owner of certain real property located at 324 Kern Street Taft, California and more particularly described on the attached Exhibit A (“Property”).
B. Buyer desires to acquire the Property and Seller desires to sell the Property to Buyer on the terms and conditions contained in this Agreement. Seller is selling Property and Buyer is purchasing Property for the sole purpose of merging the property with the Buyers currently owned contiguous commercial property to improve and provide additional parking for the existing business use.
AGREEMENT
1. PURCHASE AND SALE. Pursuant and subject to the terms and conditions contained in this Agreement, Seller agrees to sell Property to Buyer and Buyer agrees to purchase said Property from Seller. Buyer and Seller agree that the Recitals above are material terms incorporated into the obligations contained in this Agreement, and that a breach of said Recitals shall constitute a material breach of this Agreement.
2. CONDITIONS ON PURCHASE.
A. As a condition of this purchase, the Buyer shall submit a lot merger application, with documents prepared by a licensed professional, to the City to merge this property with buyer’s contiguous property at 330 Kern Street (APN 031-140- 24). Buyer is purchasing the property for the specific purpose of expanding their commercial property to add needed parking for the existing business.
B. Buyer is solely responsible to pay all fees associated with the purchase including the fees for the lot merger process.
C. Buyer agrees to have plans, prepared by a licensed professional, for the property improvement to the City for review and approval within 120 days of escrow closing on the purchase. Work on the improvements shall be started withing 180 days of escrow and completed within one (1) year of close of escrow.
D. At no time shall the property be used for storage of any kind, whether closed or open, e.g.; seatrains, cars, sheds, etc.
3. PURCHASE PRICE. The Buyer agrees to purchase the property as-is for a sales price of one thousand five hundred dollars and no/100 ($1,500.00).
4. ESCROW.
A. Opening of Escrow. Buyer shall open an escrow (“Escrow”) with the escrow company of their choice upon a mutual execution of the Agreement and Buyer and Seller shall deliver a fully executed copy of this Agreement to Escrow Holder.
B. Closing Date. For purposes of this Agreement, the “Close of Escrow” for this purchase shall mean the date on which a grant deed conveying such Property to Buyer is recorded in the official records of Kern County, California.
5. SELLER’S REPRESENTATIONS AND WARRANTIES/CONDITION OF PROPERTY.
A. Authority. Seller represents and warrants to buyer that (i) it is the Owner of the Property and has the legal power, right and authority to enter into this Agreement and the instruments referenced in this Agreement, and to consummate the transactions contemplated in this Agreement; (ii) all requisite action has been taken by Seller in connection with the entering into of this Agreement and the instruments referenced in this Agreement, and the consummation of the transactions as contemplated in this Agreement, (iii) no consent or approval from any other person, entity, board or governmental authority with respect to Seller’s entering into this Agreement and performing it’s obligations hereunder is required, which has not been obtained, and (iv) Seller is not subject to federal , State or other tax withholding in connection with the sale of the Property pursuant to this Agreement.
B. Encumbrances. Seller represents and warrants to Buyer that there are no leases, options to purchase, rights of first refusal or contracts for lease or sale of the Property, that no possessory or use rights exist with respect to the Property.
C. Hazardous Materials Representations. Seller here represents and warrants that (i) Seller has not released any Hazardous Materials (as defined below) on the Property, and (ii) Seller has no actual knowledge of any release of any Hazardous Materials on the Property, (iii) Seller has no actual knowledge of the existence of any Hazardous Materials on the Property, (iv) Seller has not received any notice of any violation of any law, ordinance, rule, regulation or order of any governmental authority pertaining to the Property, and (v) Seller has no knowledge of any obligations relating to Hazardous Materials affecting the Property that are outstanding or that have not been met. For purposes of this Agreement, the term “Hazardous Materials” shall mean any and all of those materials, substances, wastes, pollutants, contaminants, by-products, or constituents which have been determined to be injurious to health or the environment, including without limitation those designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, and any other materials, substances, wastes, pollutants, contaminants, byproducts or constituents requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
D. No Suits. Seller hereby represents and warrants that it has no knowledge of any existing or pending action, suit or proceeding against or affecting all or any
portion of the Property and it has not received any written threat or claim against or affecting all or any portion of the Property.
E. AS-IS PURCHASE WAIVER. EXCEPT AS EXPRESSLY SET FORTH IN THIS
AGREEMENT, IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT
MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR
REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY.
6. BUYER’S REPRESENTATIONS AND WARRANTIES.
A. Authority. Buyer represents and warrants to Seller that (i) it has the legal power, right and authority to enter into this Agreement and the instruments referenced in this Agreement, and to consummate the transactions contemplated in this Agreement; (ii) all requisite action (corporate, trust, partnership or otherwise) has been taken by Buyer in connection with the entering into of this Agreement and the instruments referenced in this Agreement, and (iii) no consent of any other party to Buyer’s entering into this Agreement and performing its obligations hereunder is required, which has not been obtained.
B. Funds. Buyer also represents and warrants to Seller that Buyer has funding in place for the cost of development of the property upon close of escrow.
C. Conditions on Improvements. Buyer represents and warrants that all work required of Buyer to perform in Section 2.C shall be performed and completed within one (1) year of the date of the close of escrow.
7. CLOSE OF ESCROW.
A. Delivery of Documents and Payment. At or prior to the Close of Escrow, all of the following shall occur:
i. Seller shall deposit into Escrow separate grant deed for Property, properly executed and acknowledged by Seller in Buyer’s favor (“Grant Deed”) subject only to the Approved Title Exceptions as defined below, which Grant Deed shall be recorded in the Official Records on the Closing Date.
ii. Buyer shall deposit into Escrow the required Funds for closing.
8. CLOSING COSTS. Buyer agrees to pay all costs relating to the purchase.
9. NOTICES. All Notices or other communications relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail.
The parties shall be addressed as follows:
To Seller: City of Taft
Attention: City Manager
209 E. Kern Street
Taft, CA 93268
To Buyer: Andres Tavares
Eva Guadalupe Jimenez
7 Victor Street
Taft, CA 93268
10. MISCELLANEOUS.
A. Entire Agreement. This Agreement, including the attached Exhibit, contains the entire agreement between the parties pertaining to the subject matter of the transaction completed in this Agreement, except for the Grant Deed for the Property. No change in, modification of or amendment to this Agreement shall be valid unless set forth in writing and signed by all of the parties subsequent to the execution of this agreement.
B. Successors. Neither party shall assign the Agreement without the prior written consent of the other party.
C. Severability. In the event any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall be effective only to the extent of such determination and shall not prohibit or otherwise render ineffective any other provision of this Agreement.
D. Exhibits. The attached Exhibit is incorporated by reference. In the event of a conflict between this Agreement and the Exhibits, this Agreement shall control.
E. Governing Law. This Agreement shall be construed and enforced in accordance with the applicable laws of the State of California.
F. No Brokers. Each part hereto represents to the other that it has not dealt with, and is not aware of, any broker or other person or entity who may be entitled to a commission or other compensation as a result of the transaction contemplated hereby.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
SELLER: BUYER:
CITY OF TAFT
_______________________________________ _______________________________________ Dave Noerr, Mayor Andres Tavares
ATTEST:
________________________________________
Yvette Mayfield, MMC Eva Guadalupe Jimenez
City Clerk
APPROVED AS TO FORM:
________________________________________
Jason S. Epperson
City Attorney
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: June 7, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
SB-1 CITY OF TAFT PROJECT FOR FISCAL 2022/2023
SUMMARY STATEMENT:
SB-1 requires that all projects proposing to use SB-1 funding are named in the budget and acknowledged by resolution to be considered for funding. The city has a Pavement Management Plan and has worked to prioritize and improve the pavement condition throughout the city using various funding sources including the city’s general fund. This project will prioritize 10th Street from Kern Street to A Street for road surface re-construction.
Fiscal Year 2021/ 2022 apportionment estimate: $ 212,606 Project: 10th Street Asphalt Overlay Project
Cost Estimate: $725,000 Multi-program funded project (Local, HUTA, RSTP, and SB-1)
RECOMMENDED ACTION
A motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1:
THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.
IMPACT ON BUDGET (Y/N): N
ATTACHMENT (Y/N): Resolution
PREPARED BY: Public Works Department
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of The City of Taft are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Taft must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Taft, will receive an estimated $212,606 in RMRA funding in Fiscal Year 2022-23 from SB 1; the city wishes to establish a new multi-year project to resurface a portion of 10th Street in Taft.
WHEREAS, this is fifth year in which the City of Taft is receiving SB 1 funding and will enable the city to continue its pedestrian and transportation maintenance improvements along 10th Street from Kern Street to A Street, for the traveling public; and WHEREAS, the city used an Pavement Management plan to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the city maintain and rehabilitate roadways throughout the city this year and many similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of Taft’s streets and roads are in an poor condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an at risk condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure.
City Council/Successor Agency
Resolution No. _______
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Taft, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following proposed project will be funded in-part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues in addition to HUTA, RSTP and local funding.
10th Street Asphalt Overlay Project; Grind and replace asphalt Location: 10th street from Kern Street to Pilgrim Street Useful life 5-10 years
Project start date: January 3, 2022- Project completion July 31, 2023 PASSED, APPROVED AND ADOPTED this 7th day of June 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 7th day of June, 2022.
AYES: COUNCIL MEMBERS:
NAYS: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
ACCEPT THE WORK PERFORMED BY A.S.I., INC. AND APPROVE THE FILING OF NOTICE OF COMPLETION FOR THE ASBESTOS ABATEMENT AT 520 NORTH STREET SUMMARY STATEMENT:
The City Council awarded a Contract to A.S.I., Inc. on May 5, 2022 in the amount of $28,900.00 for the abatement of asbestos at 520 North Street in preparation of the demolition of the building. The asbestos abatement has now been completed and a Notice of Completion now needs to be filed.
RECOMMENDED ACTION
Motion to accept the completed work by A.S.I., Inc. for the asbestos abatement at 520 North Street and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes – (Notice of Completion)
PREPARED BY: City Clerk
Recording Requested By:
FBO
CITY OF TAFT
When Recorded Mail to:
City of Taft
209 E. Kern St.
Taft, CA 93268
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of Taft
3. The FULL ADDRESS of the OWNER is 209 E. Kern Street Taft, CA 93268
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee. (if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:
Names Addresses
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Names Addresses
7. A work of improvement on the property hereinafter described was COMPLETED May 31, 2022
8. The work of improvement completed is described as follows: Removal of asbestos containing material according to survey
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: A.S.I., Inc.
10. The street address of said property is: 520 North Street Taft, CA 93268 APN: 031-080-12
11. The property on which said work of improvement was completed is in the City of Taft, County of Kern, State of California, and is described as follows:
Removal of asbestos containing material according to survey June 7, 2022 (Mayor)
Date Dave Noerr – City Mayor
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Mayor of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
June 7, 2022 - City of Taft (Mayor)
Date and Place Dave Noerr – City Mayor
SUBSCRIBED AND SWORN TO before me on
Yvette Mayfield, MMC, City Clerk
City of Taft
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: June 7, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
ACCEPT BID AND AWARD AGREEMENT IN THE AMOUNT OF $28,100 TO MAG ENGINEERING, INC. FOR THE 520 NORTH STREET TAFT, CA DEMOLITION PROJECT SUMMARY STATEMENT:
A competitive bid package was put out by the City on April 28, 2022 for demolition of city owned structure at 520 North Street. Five responses were received, ranging from $28,100 to $72,168 and a copy of the bid sheet is attached. MAG Engineering, Inc. was the apparent low bidder.
After a review of the bids, staff recommends accepting the bid from MAG Engineering, Inc. and awarding the contract for the demolition.
RECOMMENDED ACTION
Motion to accept the bid in the amount of $28,100 from MAG Engineering, Inc., approve entering into an agreement for same and authorize the Mayor to execute said agreement.
IMPACT ON BUDGET (Y/N): Yes, General Fund
ATTACHMENT (Y/N): Yes – Bid Sheet and Agreement
PREPARED BY: City Clerk
CITY OF TAFT
PUBLIC WORKS CONTRACT
THIS CONTRACT, made this day of June 7, 2022, by and between the City of Taft, a political subdivision of the State of California, hereinafter referred to as "City,” and MAG Engineering, Inc, hereinafter referred to as "Contractor.”
This contract is for the following project:
Demolition of structure located at 520 North Street, Taft, California.
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 demolition and cleaning of real property located at 520 North Street, 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 of Award to Contractor" and shall be fully completed no later than fifteen (15) working 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 $28,100.00.
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
Progress payment will be made, on a percentage basis (45-50-5), upon completion and final of the permit by the inspector. The five percent (5%) retention will be released 30 days after the recording of the Notice of Completion with the County Recorder.
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. In the case of ambiguity or conflict, the documents shall be given the following priority:
This Agreement
Contract Drawings
Technical Specifications
Duly issued Addenda
General and/or Special Conditions
Supplementary conditions, if any
Duly issued Clarifications and Field Orders
Duly issued Work Authorizations
Duly issued Change Orders
Supplemental Drawings issued pursuant to Article 4 of the General Conditions Initial Submittals approved pursuant to Article 3 and all other submittals approved pursuant to the General Conditions.
Contractor's Bid Proposal, Contractor's Guarantee and Bond Designation of Subcontractors
Performance Bond
Payment Bond
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 , Twenty-five 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
Craig Jones, City Manager
209 E. Kern Street
Taft, CA 93628
PROJECT CONTRACTOR
MAG Engineering, INC
Marco A. Gonzalez
1117 K Street
Sanger, CA 93657
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 credits for 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":
MAG Engineering, INC
Marco A. Gonzalez
1117 K Street
Sanger, CA 93657
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
Initial Contractor Authorized Representative: initial.
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
CITY OF TAFT CONTRIBUTION TO THE 4TH OF JULY FIREWORKS SHOW SUMMARY STATEMENT:
The Taft Chamber of Commerce is requesting assistance from the City of Taft to support the annual 4th of July Fireworks Show. The Chamber has asked the City Council to consider a financial contribution be made to the show since the show will serve a public benefit to city residents. They also asked the Council to consider waiving any city fees including in-kind support. In-kind support would include the use of Taft Police and City Public Works Department’s personnel and equipment for traffic control before, during and after the event to ensure a safe event for all.
Last year, Council approved a donation to the Taft Chamber of Commerce in the amount of $5,000 for the 2021 community fireworks display and voted unanimously to waive any fees including in-kind support.
RECOMMENDED ACTION
1) Motion to authorize financial contribution to be made to the Taft Chamber of Commerce to assist in funding the “Taft Fireworks Show” in an amount decided by the Council. 2) Motion to authorize the waiver of all fees, the use of city employees and equipment associated with the event.
IMPACT ON BUDGET (Y/N): From General Fund Reserves
ATTACHMENT (Y/N): Yes; Sponsorship letter/form from Chamber PREPARED BY: Office of the City Manager
Taft Chamber of Commerce - 400 Kern Street, Taft, CA 93268 – (661) 765-2165 May, 2022
Dear Taft Fireworks Donor,
We need you! The Taft Chamber enters the 10th year of organizing and fundraising for the Taft Fireworks Show. We invite you to participate this year in the largest community event of the year.
Our show is funded entirely by community donations and there is no charge for our residents to attend the show. We want to thank you, our past supporters and donors, who make this event possible. We encourage your participation for another year of a fantastic fireworks show.
This event will be held on the Rails to Trails and will feature a vendor fair, bounces houses, and of course, fireworks! The size and length of our fireworks display is dependent on the support from our community fundraising.
In addition to connecting with supporters, we will be collecting donations in our “Fund the Fireworks” campaign days of May 6th, June 3
rd
, and June 24th at the corner of 4th and Kern Streets. We will organize volunteers and rely on the assistance from Kern County Fire Department, Hall Ambulance, City of Taft, Taft Police Department, and the Kern County Sheriff for increased visibility and donations.
All contribution will be recognized on the event flyer, banners, and media recognition. Thank you for your continual support of Taft. Consider making a donation today! Questions? Call us! Sincerely,
Dr. Kathy Orrin Chelsi Perry
Executive Director Event & Membership Coordinator
____ Title Show Sponsor: $5,000
____ Platinum Sparkler: $2,500
____ Gold Sparkler: $1,500
____ Silver Sparkler: $1,000
____ Friend of the Fireworks: $500
____ Friend of the Fireworks: $250
____ Friend of the Fireworks: $100
____ Individual Donor: ________
YES! I want to support the Taft Fireworks Show!