Agenda — Taft City Council, November 1, 2022

TAFT CITY COUNCIL/SUCCESSOR AGENCY

JOINT REGULAR MEETING AGENDA
TUESDAY, NOVEMBER 1, 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 into the record.
___________________________________________________________________________________________________________________________

REGULAR MEETING
Pledge of Allegiance
Invocation
Roll Call: Mayor Noerr
Mayor Pro Tem Krier
Councilmember Bryant
Councilmember Eveland
Councilmember Whiting

1. PUBLIC HEARING ON COST AND PLACEMENT OF A LIEN ON AN ABATED PROPERTY Recommendation –

1. Conduct hearing regarding Statement of Expense.

2. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF TAFT APPROVING AND CONFIRMING THE COSTS FOR THE ABATEMENT OF THE NUISANCE AT 122 E. KERN STREET, TAFT, CA, APN# 032-072-01-9 IN THE AMOUNT OF $4,237.59.

2. PUBLIC HEARING – ORDINANCE AMENDMENT NO. 2022-05, STREAMLINE PERMITTING OF

ELECTRIC VEHICLE CHARGING STATIONS
Recommendation –

1. Conduct the Public Hearing; and

2. Motion to approve and amend the City of Taft Municipal Code entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING ORDINANCE AMENDMENT NO. 2022-05, AN AMENDMENT OF CHAPTER 1 OF TITLE 5 OF THE TAFT MUNICIPAL CODE

REGARDING STREAMLINE PERMITTING OF ELECTRIC VEHICLE CHARGING STATIONS for first reading by title only and reading of such be waived.

3. CITIZEN REQUESTS/PUBLIC COMMENTS

COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY

THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON MATTERS WITHIN ITS JURISDICTION. STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING City of Taft Council/Successor Agency Meeting
Agenda
November 1, 2022

Page 2 of 3 ends

ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. COUNCIL MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. PLEASE LIMIT COMMENTS TO FIVE MINUTES.

4. COUNCIL STATEMENTS (NON-ACTION)

5. PLANNING COMMISSION REPORT

6. DEPARTMENT REPORTS

7. CITY MANAGER STATEMENTS

8. CITY ATTORNEY STATEMENTS

9. FUTURE AGENDA REQUESTS
**************************************************************************************************** CONSENT CALENDAR ITEMS 10-16

10. MINUTES
October 18, 2022 regular
Recommendation – Approve as submitted.

11. PAYMENT OF BILLS
Warrant # 10/24/22 Check No. 97022-97032 $ 11,846.74
Warrant # 10/28/22 Check No. 97033-97089 $ 311,258.42
Warrant # 10/28/22 Check No. 97089 $ 473.63
Recommendation – Approve payment of the bills.

12. TREASURER’S REPORTS
Recommendation – Motion to receive and file Treasurer’s Reports for the Months of July and August, 2022.

13. ACCEPT BID AND AWARD AGREEMENT IN THE AMOUNT OF $288,922 TO KEN W. SMITH CONSTRUCTION INC. FOR THE CDBG FUNDED NEEDS CENTER BUILDING RENOVATION

PROJECT
Recommendation – Motion to accept the bid in the amount of $288,922 from Ken W. Smith Construction, Inc., for the CDBG funded NEED’s Center Building Renovation Project, approve entering into an agreement for same and authorize the Mayor to execute said agreement.

14. APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) WITH SOROPTIMIST

INTERNATIONAL OF TAFT FOR THE SOROPTIMIST MEMORIAL ROSE GARDEN LOCATED IN

THE DOWNTOWN MINI-PARK
City of Taft Council/Successor Agency Meeting
Agenda
November 1, 2022

Page 3 of 3 ends

Recommendation – Motion to approve the Memorandum of Understanding (MOU) with the Soroptimist International of Taft for the Soroptimist Memorial Rose Garden located in the Downtown Mini-Park and authorize the Mayor to execute the MOU.

15. SETTLEMENT OF LEASE WITH QUADIENT/NEOPOST FOR MAIL MACHINE Recommendation – Motion to approve the settlement agreement with Quadient/Neopost for termination of Lease N19111363 and authorize the Mayor to execute same.

16. AUTHORIZATION TO SIGN INDEMNITY AGREEMENT INDEMNIFYING COUNTY OF KERN REGARDING FY21 STATE HOMELAND SECURITY GRANT
Recommendation – Motion to authorize the Mayor to sign the indemnity agreement indemnifying County of Kern regarding receiving grant assistance for an Emergency Operations Plan update through the FY21 State Homeland Security Grant.
****************************************************************************************************

CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR, CRAIG JONES, CITY MANAGER Government Code 54957.6 – All units
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: In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at (661) 763-1222 or [email protected] as soon as possible. Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.

AFFIDAVIT OF POSTING
I, Darnell Porter, declare as follows:

That I am the 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 October 27, 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 October 27, 2022, at Taft, California.

Signature _________
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

PUBLIC HEARING ON COST AND PLACEMENT OF A LIEN ON AN ABATED PROPERTY SUMMARY STATEMENT:

The property located at 122 E. Kern Street had a nuisance abated. The owner of record has been notified by certified mail and by posting on said property, in accordance with the City of Taft Municipal Code, of the cost incurred during the abatement process. The owner was also notified of the time and place of this Public Hearing on costs whereby Council will hear any objections or protests from the property owner or other interested parties.

If cost of abatement, as submitted or modified, is not paid within 5 days from the date of confirmation, the confirmed Statements of Expense shall constitute a lien against the property and all such costs to be made a personal obligation against the property owner pursuant to Section 38773 of the California Government Code and Taft Municipal Code Section 3-4.5-5 (c) and (d).

RECOMMENDED ACTION

1. Conduct hearing regarding Statement of Expense.

2. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TAFT APPROVING AND CONFIRMING THE COSTS FOR THE ABATEMENT OF THE NUISANCE AT 122 E. KERN STREET, TAFT, CA, APN# 032-072-01-9 IN THE AMOUNT OF $4,237.59.

IMPACT ON BUDGET (Y/N): Yes (revenue when collected)
ATTACHMENT (Y/N): Yes - Resolution
PREPARED BY: Deputy City Clerk
Resolution No. ______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT

APPROVING AND CONFIRMING THE COSTS FOR THE ABATEMENT OF THE NUISANCE AT 122 E. KERN STREET, TAFT, CA, APN# 032-072-01-9 IN THE AMOUNT OF $4,237.59
WHEREAS, the City of Taft has been diligently pursuing the betterment of the community; and WHEREAS, the City of Taft has followed all steps outlined in Section 3-4-9 of the Taft Municipal Code in order to abate nuisance in the community; and WHEREAS, costs have been incurred during the nuisance abatement process and/or demolition of building on said property; and
WHEREAS, the following cost shall constitute a lien upon the property located at and known as 122 E. Kern Street, Taft, CA APN# 032-072-01-9.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Taft approves and confirms the following costs of $4,237.59 and resolves that these costs shall constitute a lien on said property and shall accrue interest in the amount of 6% per annum on the unpaid balance until paid in full.

PASSED, APPROVED AND ADOPTED this 1st day of November 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 1st day of November, 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: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

PUBLIC HEARING – ORDINANCE AMENDMENT NO. 2022-05, STREAMLINE PERMITTING

OF ELECTRIC VEHICLE CHARGING STATIONS
SUMMARY STATEMENT:

On October 8, 2015, and October 8, 2021, the Governor signed Assembly Bill Nos. 1236 (AB 1236) and 970 (AB 970), respectively, which requires local agencies to adopt an ordinance that creates an expedited and streamlined building permit issuance process for electric vehicle charging systems. The original provisions of AB 1236 had required large and small jurisdictions to adopt their local ordinance by September 30, 2016, and 2017, respectively.

The provisions of AB 970 specified the processing and approval timelines based on the number of charging stations proposed with a given permit application. AB 970 also required the permitting documentation and checklists to aid in the streamlined processing of permits.

Cities and counties with a population of less than 200,000 residents are required to adopt an ordinance codifying the two bills by January 1, 2023, publishing the permitting documentation and checklist, and transmitting copies of the ordinance to the Governor’s Office of Business and Economic Development (GO-Biz).

RECOMMENDED ACTION

1. Conduct the Public Hearing; and

REGARDING STREAMLINE PERMITTING OF ELECTRIC VEHICLE CHARGING STATIONS for first reading by title only and reading of such be waived.

IMPACT ON BUDGET (Y/N): N/A
ATTACHMENT (Y/N): Ordinance
Electric Vehicle Charging Station(s) Building Permit Application PREPARED BY: Mark Staples, Director, Planning & Development Services ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TAFT
APPROVING ORDINANCE AMENDMENT NO. 2022-05, AN
AMENDMENT OF CHAPTER 1 OF TITLE 5 OF THE TAFT MUNICIPAL

CODE REGARDING STREAMLINE PERMITTING OF ELECTRIC

VEHICLE CHARGING STATIONS
WHEREAS, California Government Code Section 65800 provide for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities; and WHEREAS, the City of Taft is responsible for continually reviewing and updating the adopted Zoning Ordinance to address changing conditions within the City; and WHEREAS, the City of Taft seeks to protect the health, safety, and welfare of the community by establishing new regulations regarding application processing for electric vehicle charging stations; and
WHEREAS, the State of California adopted Assembly Bill 1236 in 2015 and Assembly Bill 970 in 2021, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and WHEREAS, creation of an expedited and streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles; and WHEREAS, the Planning Commission reviewed and commented on a draft ordinance amendment adding Section 5-1-20 to Chapter 1 of Title 5 of the Taft Municipal Code at its regular meeting on July 6, 2022; and
WHEREAS, the Planning Commission studied and considered the written findings for approval of Ordinance Amendment No. 2022-05, City Staff’s written and oral reports, and all public testimony before making a decision on this request; and WHEREAS, the Planning Commission voted 4-0 to recommend approval of the proposed amendment to the City Council; and
WHEREAS, the City Council studied and considered the written findings for approval of Ordinance Amendment No. 2022-05, City Staff’s written and oral reports, and all public testimony before making a decision on this request; and
WHEREAS, the laws and regulations relating to the preparation and adoption of environmental documents, as set forth in the State Guidelines Implementing the California Environmental Quality Act have been adhered to; and
WHEREAS, the City Council has fully considered this request and the potential environmental effects.

Ordinance No. _______
November 1, 2022

Page 2 of 6 ends

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Taft finds and ordains as follows:

1. The proposed amendment is consistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provision of the General Plan; and

2. The proposed amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern; and

3. The proposed amendment is consistent with the purpose and intent of the remainder of this Zoning Ordinance not under consideration; and

4. The potential environmental impacts of the proposed amendment are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts; and

5. The proposed amendment is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines because the Code Amendment will have no significant effect on the environment.

SECTION 1. The City Council approves the addition of Section 5-1-20 to Chapter 1 of Title 5 of the Taft Municipal Code, as follows:
5-1-20: ELECTRIC VEHICLE CHARGING STATIONS:
(A) Purpose and Intent: The purpose of this section is to establish and implement an expedited and streamlined permit review process for electric vehicle charging stations; ensuring the public health and safety while avoiding potential adverse impacts from the installation of said charging stations. This section is also purposed to comply with California Government Code Section 65850.7. (B) Authority: The authority for the review and approval of permits for the installation of electric vehicle charging stations shall be vested with the building official, or their designee.
(C) Application: A building permit application for the installation of an electric vehicle charging station shall be filed with the building department in a manner prescribed by the building official. The provisions of this section shall apply to all new charging stations in the City. Electric vehicle charging systems legally established or permitted prior to the effective date of this section shall not be subject to the provisions of this section, unless physical modifications or alterations are proposed that would materially change the size, type, or components of the station that would require new permitting.

Ordinance No. _______
November 1, 2022

Page 3 of 6 ends

(D) Definitions:

ELECTRONIC SUBMITTAL: Means the utilization of one or more of either electronic mail, the internet, or facsimile submittal of a building permit application and supporting documentation.

ELECTRONIC VEHICLE CHARGING STATION or CHARGING STATION:

Means any level of electric vehicle supply equipment station that is designed and installed in compliance with Article 625 of the California Electric Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID A SPCIFIC ADVERSE IMPACT: Means the inclusion of, but not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for permit.

SPECIFIC ADVERSE IMPACT: Means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed for the date the application was deemed complete.
(E) Expedited Permitting Process: Consistent with Government Code Section 65850.7, the building official shall implement an expedited and streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website. (F) Permit Application Processing:

1. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants.

Verification by the applicant includes, but is not limited to, electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

2. A permit application that satisfies the information requirements in the City’s Ordinance No. _______
November 1, 2022

Page 4 of 6 ends

adopted checklist shall be deemed complete and be promptly processed.

Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue a permit. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the building official determines that the permit application is incomplete, a written correction notice shall be issued to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

3. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentations. The building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

4. An application to install an electric vehicle charging station shall be deemed complete after the applicable time period has elapsed:
a. Five (5) business days after submission of the application, if the application is for at least one (1), but not more than twenty-five (25) electric vehicle charging stations at a single site.
b. Ten (10) business days after submission of the application, if the application is for more than twenty-five (25) electric vehicle charging stations at a single site.
(G) Technical Review:

1. It is the intent of this Ordinance to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official’s authority to address higher priority life-safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this section, the City may require the applicant to apply for a use permit.

2. In the technical review of a charging station, consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

Ordinance No. _______
November 1, 2022

Page 5 of 6 ends

3. An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in subsection F.4 has elapsed and if:
a. If the building official has not administratively approved the application pursuant to Government Code section 65850.7(b); and
b. The building official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have an adverse effect upon the public health or safety, or required the applicant to apply for a use permit pursuant to Government Code section 65850.7(b); and
c. The building official has not denied the permit pursuant to Government Code section 65850.7(c); and
d. An appeal has not been filed to the planning commission pursuant to Government Code section 65850.7(d).
(H) Electric Vehicle Charging Station Installation Requirements

1. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

2. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

Ordinance No. _______
November 1, 2022

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SECTION 2. Recognizing that there is a potential conflict between federal and State law, it is the City Council’s intention that this Ordinance shall be deemed to comply with applicable State Law.

SECTION 3. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.

SECTION 4. This ordinance shall take effect thirty (30) days after the date of its adoption, and within fifteen (15) days after its adoption shall be published at least once in the Daily Midway Driller, a newspaper of general circulation, published and circulated in the City of Taft together with the names of members of the City Council voting for and against same.

PASSED AND ADOPTED on this ______ day of _________, 2022. _________________________
Dave Noerr, Mayor
Attest:
____________________________
Yvette Mayfield, MMC
City Clerk
Approved as to form:
____________________________
Jason Epperson, City Attorney
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 Ordinance had its first reading on ____________________________, and had its second reading on ___________________________, and was passed by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________
Yvette Mayfield, MMC
City Clerk

ELECTRIC VEHICLE CHARGING STATION(S)

BUILDING PERMIT APPLICATION
City of Taft • 209 E. Kern Street • Taft, CA 93268 • (661) 763-3144 • fax (661) 765-2480 Must print legibly, submit (3) sets of building and plot plans. Fill out applicable information. If any section does not apply print N/A.

Date:

Building Address: APN:

Existing Site Location Use: Location of EVCS:
-
EVCS Charging Level: Number of EVCS: Mounting of EVCS Type:

Valuation: Electric Panel Upgrade: Y or N? Rating of Electric Panel:

Property Owner: Email: Phone:

Address: City, State, Zip:

Applicant: Email: Phone:

Address: City, State, Zip:

Contractor: Email: Phone:

Address: City, State, Zip:

State Lic. # Expiration Date: City Lic. #
Architect/Engineer/Designer: Email: Phone:

Address: City, State, Zip:

State Lic. # Expiration Date: City Lic. #
OFFICE USE ONLY Application Received:

Planning Department Review: 1stReview 2nd
Review 3rd Review [ ]Approved [[ ] Denied
Planning Reviewed By:

Building Department Review: 1stReview 2nd Review 3rd Review [ ] Approved [ ] Denied Building Reviewed By: Date:

Comments:

SUBMITTAL CHECK LIST

Please complete the front of this application and the checklist below for the permitting and installation of Electric Vehicle Charging Station(s) (EVCS). The checklist contains the technical aspects of installations and is intended to help expedite permitting and use of electric vehicle charging. Upon the application and checklist being deemed complete, a permit will be issued to the applicant. However, if it is determined that the installation might have a specific adverse impact on public health or safety, additional information will be required before a permit can be issued.:

1. Existing Site Location Use of Electric Vehicle Charging Station(s) (EVCS):
☐ Single-Family Residential ☐ Multi-Family Residential (Apartment or Condominium) ☐ Commercial (Single-Business or Shopping Center) ☐ Mixed-Use ☐ Public Right-of-Way

2. Location and Number of EVCS to be installed:
☐ Garage ☐ Parking Lot ☐ Street Curb-side

3. EVCS Charging Level: ☐ Level 1 (120V) ☐ Level 2 (240V) ☐ Level 3 (480V)

4. Maximum Rating of EV Service Equipment = kW

5. Voltage EVCS = V Manufacturer of EVCS:

6. Mounting of EVCS: ☐ Wall Mount ☐ Pole/Pedestal Mount ☐ Other

7. System Voltage: ☐ 120/240V, 1ϕ, 3W ☐ 120/208V, 3ϕ, 4W ☐ 120/240V, 3ϕ, 4W ☐ 277/480V, 3ϕ, 4W ☐ Other

8. Rating of Existing Main Electrical Service Equipment = Amps

9. Rating of Panel Supplying EVCS (if not directly from Main Service) = Amps

10. Rating of Circuit of EVSE: Amps / Poles

11. AIC Rating of EVCS Circuit Breaker = A.I.C.

12. Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:

Connected Load of Existing Panel Supplying EVCS = Amps
Calculated Load of Existing Panel Supplying EVCS = Amps Demand Load of Existing Panel Supplying EVCS = Amps

13. Total Load (Existing plus EVCS Load) = Amps
*For Single-Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load may be estimated using the “Single-Family Residential Permitting Application Example” in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California:

Community Readiness Guidebook” https://www.opr.ca.gov

14. EVCS Rating Amps x 1.25 = Amps = Minimum Ampacity of EVCS Conductor = # AWG

15. For Single-Family: Size of Existing Service Conductors = # AWG or kcmil - or - Size of Existing Feeder Conductor Supplying EVSC Panel = # AWG or kcmil (or veify with Inspector in the field)

16. Submit two (2) sets of identical plans, drawn to scale, which include the following:
a. A fully dimensioned site plan showing the location of all property lines along with existing and proposed primary structures, accessory structures, and parking area. b. A full set of electrical plans showing the location of the EVCS on a site plan and/or floor plan. Provide an electrical line drawing addressing the checklist items above.

I hereby acknowledge that the information presented is a rue and correct representation of existing conditions at the job site and that any causes for concern as to life safety verifications may require further substantiation of information.

Signature of Permit Applicant: Date:

Electronic signatures will be accepted

TAFT CITY COUNCIL/SUCCESSOR AGENCY

MINUTES
OCTOBER 18, 2022
The October 18, 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 Bryant, followed by an invocation given by Greg Mudge.

PRESENT: Mayor Dave Noerr and Mayor Pro Tem Orchel Krier Council Members Josh Bryant and Ed Whiting
City Manager Craig Jones and City Attorney Jason Epperson City Clerk Yvette Mayfield
ABSENT: Council Member Jeff Eveland

1. CITIZEN REQUESTS/PUBLIC COMMENTS
There was none.

2. COUNCIL STATEMENTS (NON-ACTION)
Council Member Bryant reminded everyone to keep their eye out for their ballots arriving in their mail.

Mayor Pro Tem Krier talked about the upcoming election and holidays and encouraged everyone to take advantage of local activities.

Mayor Noerr talked about the upcoming holidays and safety over Halloween.

3. DEPARTMENT REPORTS
Chief of Police, Damon McMinn, introduced Dr. Jasmeet Bains to speak on the Fentanyl epidemic.

4. CITY MANAGER STATEMENTS
City Manager Jones thanked Dr. Bains for her presentation.

5. CITY ATTORNEY STATEMENTS
There was none.

6. FUTURE AGENDA REQUESTS
There was none.
********************************************************************************************* CONSENT CALENDAR ITEMS 7-10
Motion: Moved by Krier, seconded by Bryant to approve consent calendar items 7-10.

AYES: Krier, Bryant, Whiting, Noerr
PASSED: 4-0
City of Taft Council/Successor Agency Meeting
Minutes
October 18, 2022

Page 2 of 2 ends

7. MINUTES
October 4, 2022 regular
Recommendation – Approve as submitted.

8. PAYMENT OF BILLS
Warrant # 10/14/22 Check No. 96969-97201 $ 216,032.46
Recommendation – Approve payment of the bills.

9. TREASURER’S REPORT
Recommendation – Motion to receive and file Treasurer’s Report for the Month of June 2022.

10. TERMINATION OF LEASE AGREEMENT WITH TAFT PUBLIC FINANCING AUTHORITY

AND ACCEPTANCE OF PROPERTY TRANSFER
Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE TAFT CITY COUNCIL TERMINATING LEASE AGREEMENT DATED JANUARY 1, 1997 BETWEEN

THE TAFT PUBLIC FINANCING AUTHORITY AND THE CITY OF TAFT AND ACCEPTING

CONVEYANCE OF PROPERTY, ALONG WITH ALL RIGHT, TITLE AND INTEREST IN THE LEASED PROPERTY. (Resolution No. 4166-22)
********************************************************************************************* At 6:40 the meeting was recessed in order to hold the Taft Public Financing Authority Meeting. At 6:42 the meeting reconvened.

At 6:43 PM the regular meeting was recessed to closed session.

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Case # BCL-22-013308 B. CONFERENCE WITH LABOR NEGOTIATOR, CRAIG JONES, CITY MANAGER Government Code 54957.6 – All units
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Taft Union High School vs. City of Taft  The City Council discussed in closed session those items agendized for closed session discussion and direction was given to staff. No other reportable action was taken.

ADJOURNMENT - With no further business to conduct the meeting was adjourned at 7:18 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor

October 25, 2022
Members ofCity Council
City of Taft
Reference: Treasurer ' s Report for the Month ofJuly, 2022 Dear Members ofthe City Council:

The attached are Treasurer' sInvestment Fund Summary Report, Cash Receipts & Disbursements Summary Report, and other 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. 31 ofthe Governmental Accounting Standards Board GASB), Accounting and Financial Reporting for Certain Investments. As defined, when the Treasurer' sPooled Cash Portfolio is an external pool and must report accordance with GASB 31 forfiscal years beginning after June 15, 1997. The reporting atfair market value is for compliance with GASB 31 and is not to be used for budgetary purposes, since actual fund values and interest allocated 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 passbook/ checking accounts, certificate of deposit, and investment in U. S. government securities for the month ended July 31, 2022 were $ 15,92. 96 and the restricted money investment monthly interest earnings were $ 375. 26. These earnings represented an average net annualized yield of 1. 06%, and . 38%, respectively. For reference, a comparable statement of interest earnings on a quarterly basis for the year ending June 30, 2022 is shown at the bottom ofthe Summary ofReceipts & Disbursements report. The investment program generates additional annual operating revenue for the City. Interest earnings are distributed quarterly to the participating funds in the City' s Investment
Fund.

California Government Code Section 53646 ( b)( 2) requires a report of "compliance with
the statement of investment policy, or manner in which the investment is not in compliance ". At the time ofpurchase all investments were in compliance with State law and our investment policy.

ADMINISTRATION • FINANCE • PLANNING • PUBLIC WORKS
209 E. KERN STREET • TAFT, CA 93268
661 / 763- 1222 • 661 / 765- 2480 FAX
www. cityoftaft. org
California Government Code 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 sufficient
liquidity to meet its obligations for the next six month' s.

It is recommended that you receive and file this information.

Very truly yours,
Ben Man
City Treasurer
Cc: Teresa C. Binkley, Finance Director
Accountant
S:\ VoI1\ FINANCE\ EXCL\ FUNDO9\ Tres Report \ 2022-023\ TRS0722. doc

EXHIBIT A

CITY OF TAFT

TREASURER' SREPORT - CASH & INVESTMENT SUMMARY
AS OF JULY, 2022

YIELD TO MATURITY

PERCENT
POOLED DESIGNATED AND OPERATING BOOK MARKET OF MATURITY 360 DAYS 365 DAYS A/ C # CASH & INVESTMENTS: VALUE VALUE PORTFOLIO DATE EQUIVALENT EQUIVALENT 9- 100 Passbook / Checking Accounts
WESTAMERICA BANK $ 2, 082, 157. 35 $ 2, 082, 157. 35 13. 94% NOW 0.2% 0.2% 9- 101 Local Agency Investment Funds ( A)
State Pool Demand Deposits( 365) $ 7, 351, 241. 62 $ 7, 351, 241. 62 49. 21% NOW 0. 32% 0. 32% 9- 103 Certificate of Deposit $ 264, 054. 80 $ 264, 054. 80 1. 77% NOW 0.2% 0.21 % United Security Bank
9- 104 Investment- U.S. Govemment Securities $ 1, 500, 000. $ 1, 500, 000. 10. 04% SEE EXHIBIT D 0. 62% 0. 625% US Bankcorp Piper Jaffray
9- 114 Wells Fargo $ 2, 834, 920. 55 $ 2, 688, 532. 17 18. 98% SEE EXHIBIT D 1. 81% 1. 84% 9- 115 UBS Financial Services, Inc $ 907, 321. 55 $ 863, 565. 32 6. 07% SEE EXHIBIT D 1. 71% 1. 73% OPERATING CASH & INVESTMENTS: $ 14, 939, 695. 87 $ 14, 749, 551. 26 100. 00%

RESTRICTED CASH & INVESTMENTS
10-02 Public Agency Retirement Services ( PARS) $ 2, 718, 239. 01 $ 2, 718, 239. 01 81.6% NOW - 6.2% - 6. 71% 53- 100 Restricted cash - Inmate Welfare Fund $ 79, 653. 08 $ 79, 653. 08 2. 40% NOW 0.2% 0.25% 54- 100 Restricted cash - Inmate Trust Fund $ 11, 579. 18 $ 11, 579. 18 0. 35% NOW 0.2% 0.25% 60- 114 Restricted cash- Escrow Account CDFW $ 0.0 $ 0.0 0.0% NOW 0.2% 0.25% 62- 103 Restricted cash- LCTOP- BUSPASSES $ 2, 526. 48 $ 2, 526. 48 0.8% NOW 0.2% 0.25% 67- 101 Restricted 19 Rev. Refunding Bond Investments $ 0.0 $ 0.0 0.0% 01/7/ 28 0.0% 0.0% US Bank
Security of U. S. Govemment ( 365)
70- 102 Restricted cash- WWTP Construction ( 3386) $ 344, 679. 33 $ 344, 679. 33 10. 38% SEE EXHIBIT D 0. 55% 0. 56% 71- 104 Restricted cash - COP USDA ( 8423) - $ 154, 09. 22 $ 154, 291. 14 4. 64% SEE EXHIBIT D 2. 02% 2. 050% 71- 102 MONIES TO HOLD ACCT OPEN FROM FD 71 ( 3386 $ 10, 026. 83 $ 10, 026. 83 0. 30% TOTAL RESTRICTED CASH & INVESTMENTS: $ 3,20, 753. 1 $ 3,20, 995. 0 100. 00% GRAND TOTAL CASH & INVESTMENTS 18, 260, 449. 00 $18, 070, 546. 31 This report is presented pursuant to the City of Taft' s Investment Policy which was revised by the Taft City Council at its regularly scheduled meeting of JULY 2022 There are sufficient funds to meet the next 6 months' obligations.

A) As allowed by Califomia Govemment Code Section 53646( e), attached Exhibit D & Exhibit E provides the agency current market value as of the reporting date, JULY 31, 2022 Ben Mangum, Treasure Taft

EXHIBIT B

CITY OF TAFT
Treasurer' sReport - Summary of Receipts & Disbursements For the month ending JULY 2022
BALANCE PAID ADJ. BALANCE

AS OF INTEREST TRANSFER TRANSFER AS OF
06/ 30/ 22 RECEIPTS DISBURSEMENTS GAIN ( LOSS) IN ( OUT) 07/ 31/ 22

POOLED DESIGNATED AND OPERATING
CASH & INVESTMENTS:

PASSBOOK/ CHECKING ACCOUNT - WA $ 2, 355, 479. 62 $1, 792, 633. 84 ($2, 065, 997. 84) CETIFICATE OF DEPOSIT/ UNITED SECURITY BANK $ 263, 892. 09 LOCAL AGENCY INVESTMENT FUND $ 7, 337, 504. 28
INVESTMENT- U.S GOVERNMENT SECURITIES $ 1, 500, 000.

CERTIFICATE OF DEPOSITNVELLS FARGO $ 2, 833,62. 5
CERTIFICATE OF DEPOSIT/ UBS FINANCIAL SERVICES INC. $ 907, 128. 40

TOTAL POOLED DESIGNATED AND
OPERATING CASH & INVESTMENTS: $ 15,97, 866. 91

RESTRICTED CASH & INVESTMENTS
PUBLIC AGENCY RETIREMENT SERVICES ( PARS) $ 2, 623, 865. 76 INMATE WELFARE FUND $ 79, 653. 08
INMATE TRUST FUND $ 11, 579. 18
ESCROW ACCOUNT- CDFW $ 0.0
LCTP- BUS PASSES $ 2, 526. 48
2019 REV. REFUNDING BOND - US BANK $ 0.0
WELLS FARGO- WWTP CONSTRUCTION $ 344,95. 73
WELLS FARGO- COP USDA $ 153, 957. 56
MONIES TO HOLD ACCT ( 70) FROM FD 71 $ 10, 026. 83
TOTAL RESTRICTED CASH & INVESTMENTS:

GRAND TOTAL CASH & INVESTMENTS

41. 73 $ 2, 082, 157. 35
162. 71 $ 264, 054. 80
13, 737. 34 $ 7, 351, 241. 62
1, 500, 000.
1, 058.3 $ 2, 834, 920. 55
193.5 $ 907, 321. 55
1, 792, 633. 84 ($2, 065, 997. 84) $15,92. 96
1, 319. 69) $95, 692. 94
283. 60

91. 66

0.0 $ 0.0 $ 14, 939, 695. 87
2, 718, 239. 01
79, 653. 08
11, 579. 18

0.0 2, 526. 48

0.0 344, 679. 33
154, 09. 22
10, 026. 83
3, 226, 004. 62 $ 0.0 ($ 1, 319. 69) $375. 26 $ 0.0 0.0 $ 3,20, 753. 1 18, 423, 871. 53 $1, 792, 633. 84 ($2, 067, 317. 53) $15, 568. 22 INTEREST EARNED DURING THE CURRENT MONTH ENDED JULY 31, 2022 ARE AS FOLLOWS:

MONTHLY QUARTERLY SEMI- ANNUAL
POOLED CASH & INVESTMENTS - WITH - WA $ 41. 73
POOLED CASH & INVESTMENTS - WITH - U. S. BANK $ 162. 71 POOLED CASH & INVESTMENTS - WITH - L.A. IF. $ 13, 737. 34 POOLED CASH & INVESTMENTS - WITH - PIPER JAFRAY $ 0.0
POOLED CASH & INVESTMENTS - WITH -WELLS FARGO $ 1, 058.3 POOLED CASH & INVESTMENTS- WITH- UBS FINANCIAL SERVICE $ 193.5 RESTRICTED CASH & INVESTMENTS $ 96, 068. 20
TOTAL $ 97, 523. 82 $ 13, 737. 34 $ 0.0
QUARTERLY INTEREST EARNING ARE AS FOLLOWS:

POOLED CASH & INVESTMENTS - WITH - WA
POOLED CASH & INVESTMENTS - WITH - U. S. BANK
POOLED CASH & INVESTMENTS - WITH - L.A. IF.

POOLED CASH & INVESTMENTS - WITH - UNITED SECURTIY BAN

POOLED CASH & INVESTMENTS - WITH - MS

POOLED CASH & INVESTMENTS - WITH - UBS

RESTRICTED CASH & INVESTMENTS

TOTAL UNRESTRICED CASH & INVESTMENTS ( EXCLUDING LAIF)
TOTAL
QTR. ENDING QTR. ENDING QTR. ENDING
SEP. 30, 2022 DEC. 31. 2022 MARCH 31, 2023

41. 73 $ 0.0 $ 0.0

0.0 $ 0.0 $ 0.0
13, 737. 34 $ 0.0 $ 0.0
162. 71 $ 0.0 $ 0.0
1, 058.3 $ 0.0 $ 0.0
193.5 $ 0.0 $ 0.0
375. 26 $ 0.0 $ 0.0
1, 830.8 $ 0.0 $ 0.0
15, 568. 22 $ 0.0 $ 0.0

0.0 0.0 $ 18, 260, 449. 00
TOTAL

41. 73
162. 71
13, 737. 34

0.0 1, 058.3
193.5
96, 068. 20
111, 261. 16
QTR. ENDING FISCAL
JULY 30. 2023 YEAR TO DATE

0.0 $ 41. 73

0.0 $ 0.0

0.0 $ 13, 737. 34

0.0 $ 162. 71

0.0 $ 1, 058.3

0.0 $ 193.5

0.0 $ 375. 26

0.0 $ 1, 830.8

0.0 $ 15, 568. 22

EXHIBIT C

CITY OF TAFT

TREASURER' SREPORT - CASH & INVESTMENT SUMMARY

POOLED DESIGNATED, OPERATING CASH, & INVESTMENTS
AS OF JULY 2022
A/ C # POOLED DESIGNATED AND OPERATING
CASH & INVESTMENTS:

BOOK MARKET

VALUE VALUE
9- 100 Passbook / Checking Accounts

WESTAMERICA BANK
NOW" Demand Deposits ( 365)
2, 082, 157. 35 $2, 082, 157. 35
9- 101 Local Agency Investment Funds (A)
State Pool Demand Deposits( 365) $ 7, 351, 241. 62 $7, 351, 241. 62 9- 103 Certificate of Deposit

UNITED SECURITY BANK
264, 054. 80 $ 264, 054. 80
9- 104 Investment- U.S. Government Securities $ 1, 500, 000. $1, 500, 000.

US Bankcorp Piper Jaffray
9- 114 Certificate of Deposit $ 2, 834, 920. 55 $2, 688, 532. 17

WELLS FARGO
9- 115 BOND SECURITY
UBS FINANCIAL SERVICES, INC.
907, 321. 55 $ 863, 565. 32

TOTAL POOLED DESIGNATED AND
OPERATING CASH & INVESTMENTS: $ 14, 939, 695. 87 $14, 749, 551. 26

SUMMARY OF CASH & INVESTMENT BALANCES BY FUNDS

GENERAL FUND

SPECIAL REVENUE FUND

COMMUNITY CORRECTIONAL FACILITY

SEWER FUND

REFUSE FUND

TRANSIT FUND

FEDERAL WWTP

TAFT COMMUNITY DEVELOPMENT AGENCY

WASTEWATER TREATMENT PLANT

FED DOJ DRUG FORFEITURE

UNALLOCATED INTEREST INCOME

EXPENDITURE CONTROL
1, 727, 435. 99)
1, 237, 425. 90
2, 132, 06.3
3, 751, 235. 93
1, 674, 436. 28
1, 880, 126. 93)
5, 452, 115. 07
361, 55. 64
3, 937, 139. 26

0.0 1, 364. 68
PRINT FORMAT: P, TOTAL POOLED DESIGNATED AND
OPERATING CASH & INVESTMENTS: $ 14, 939, 695. 87

CITY OF TAFT
July 31, 2022
BANK

SETTLEMENT
DATE

COST OF CD
MARKET

VALUE OF CD

INTEREST
RATE
TERM

MATURITY
DATE

INTEREST EARNED

IN FISCAL YEAR

INTEREST
PAYS

US GOVERNMENT SECURITIES
FEDERAL FARM CREDIT BANK 3/ 24/020 1, 500, 000. 1, 500, 00. 0. 625% 4 YEARS 4/ 1/ 2024 SEMI- ANNUALLY

WELLS FARGO
BMW BK N AMERICA CD 09/ 18/ 20 50, 000. 45, 606. 50 0. 50% 5 YEARS 9/ 25/025 SEMI- ANNUALLY CITIBANK 05/ 29/ 18 240, 00. 240, 688. 80 3. 25%5 YEARS 6/ 2023 SEMI- ANNUALLY NELNET BANK CD 04/ 13/ 21 100, 00. 90, 539. 00 0. 75%5 YEARS 4/ 15/ 2026 SEMI- ANNUALLY BANK OF BARODA 12/8/8 169, 000. 169, 730. 08 3. 50%5 YEARS 12/ 28/023 SEMI- ANNUALLY BANK HAPOALIM 02/ 28/ 19 240, 00. 239,2. 00 3. 05%5 YEARS 3/ 6/ 2024 SEMI- ANNUALLY BANK OF PRINCETON 06/ 17/ 20 245, 000. 228, 847. 15 0. 55% 4 YEARS 12/ 30/ 224 110. 75 MONTHLY TEXAS EXCHANGE 06/ 17/ 20 245, 000. 232, 985. 20 0. 65% 4 YEARS 6/ 21/024 130. 89 MONTHLY JONESBORO ST BANK 11/6/ 20 140, 00. 126, 672. 00 0. 40% 5 YEARS 11/3/ 2025 46. 03 MONTHLY STATE BANK OF INDIA 11/9/ 20 100, 00. 90,07. 00 0. 55% 5 YEARS 11/ 24/025 SEMI- ANNUALLY LUANA SAVINGS IA 12/ 21/0 250, 00. 225, 312. 50 0. 40% 5 YEARS 12/ 30/ 225 SEMI- ANNUALLY STATE BANK OF INDIA NY 03/1/ 21 100, 00. 90, 406. 00 0. 65% 5 YEARS 3/ 16/ 2026 SEMI- ANNUALLY NEW VALLEY BANK 03/ 22 169, 235. 00 156, 896. 40 1. 70% 5 YEARS 2/5/027 237. 53 MONTHLY EAGLEMARK SVGS BK 03/9/ 22 100, 00. 93, 530. 0 2. 00%5 YEARS 3/ 9/ 2027 SEMI- ANNUALLY GOLDMAN SACHS BK USA CD 09/ 29/1 200, 00. 181, 066.0 1. 05% 5 YEARS 9/ 29/026 SEMI- ANNUALLY CAPITAL ONE BK MCLEAN VA 05/4/ 22 250, 00. 244, 672. 50 3. 05% 5 YEARS 5/ 4/ 2027 SEMI- ANNUALLY DISCOVER GREENWOOD 06/7/ 22 20, 000. 19, 651. 00 3. 15% 5 YEARS 6/ 7/ 2027 SEMI- ANNUALLY COMENITY BANK WILMINGTN 06/ 13/ 22 200, 00. 195, 092.0 3. 15% 5 YEARS 6/ 14/ 2027 517. 81 MONTHLY RESTRICTED:

BANK OF BARODA 12/ 28/ 18 56, 000. 56, 241. 92 3. 50% 5 YEARS 12/ 28/023 SEMI- ANNUALLY FIDELITY GOVERNMENT 12/1/9 570, 012. 48 340, 00. 0. 56% 10 YEARS 6/ 24/029 269. 88 MONTHLY

UBS FINANCIAL SERVICES
COMENITY BANK 07/ 25/ 17 100, 00. 100, 00. 2. 35%5 YEARS 8/ 2/022 193.5 MONTHLY DISCOVER BK 07/ 25/ 18 100, 00. 100, 276. 00 3.5%5 YEARS 8/ 1/ 2023 SEMI- ANNUALLY MORGAN STANLEY 07/ 26/ 19 100, 00. 97, 783. 00 2.3% 5 YEARS 8/ 1/ 2024 SEMI- ANNUALLY STATE BK IL US RT 09/ 25/0 100, 00. 91, 237. 00 0. 50% 5 YEARS 9/ 22/025 SEMI- ANNUALLY GOLDMAN SACHS 08/9/ 21 100, 00. 90, 614. 00 1. 00% 5 YEARS 8/ 18/ 2026 SEMI- ANNUALLY BANK UNITED 12/4/ 21 199, 444. 38 182, 542. 00 1. 45% 5 YEARS 12/ 8/ 2026 QUARTERLY SALLIE MAE BANK UT US 12/5/ 21 200, 00. 189,26. 00 1. 05%3 YEARS 12/5/ 2024 SEMI- ANNUALLY Total Interest Earned $ 1, 506. 04
Maturity Distribution
As of JULY, 2022
Portfolio/ Benchmark
0- 1 1- 2 2- 3 3-4 4-5 > 5
Years Years Years Years Years Years
US Treasuries
Certificates of Deposits
120%
100%
80%
60%
40%

28. 00%
20%

14. 00%
100%

3. 00% 28. 00% 14. 00% 23. 00% 23. 00% 9. 00%
100%
0% Min
0-1
Years
1-2
Years
2- 3
Years

23. 00% 23. 00%
3- 4
Years
4- 5
Years
5 Years
October 25, 2022
Members ofCity Council
City ofTaft
Reference: Treasurer ' s Report for the Month ofAugust, 2022 Dear Members ofthe City Council:

The monthly interest earnings from the pooled unrestricted money investments in passbook/ checking accounts, certificate of deposit, and investment in U. S. government securities for the month ended August 31, 2022 were $ 4, 812. 27 and the restricted money investment monthly interest earnings were $ 564. 72. These earnings represented an average net annualized yield of 1. 06%, and . 38%, respectively. For reference, a comparable statement of interest earnings on a quarterly basis for the year ending August 31, 2022 is shown at the bottom of the Summary of Receipts & Disbursements report. The investment program generates additional annual operating revenue for the City. Interest earnings are distributed quarterly to the participating funds in the City' s Investment Fund.

ADMINISTRATION • FINANCE • PLANNING • PUBLIC WORKS
209 E. KERN STREET • TAFT, CA 93268
661 / 763- 1222 • 661 / 765- 2480 FAX
www. cityoftaft. org
California Government Code 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 sufficient liquidity to meet its obligationsfor the next six month' s.

It is recommended that you receive and file this information.

Very truly yours,
Ben Mangum Mangum
City Treasurer
Cc: Teresa C. Binkley, Finance Director
Accountant
S:\ Vo1l\ FINANCE\ EXCEL\ FUNDO9\ Tres Report\ 2022-03\ TRS0822. doc

EXHIBIT A

CITY OF TAFT

TREASURER' SREPORT - CASH & INVESTMENT SUMMARY
AS OF AUGUST, 2022

YIELD TO MATURITY

PERCENT
POOLED DESIGNATED AND OPERATING BOOK MARKET OF MATURITY 360 DAYS 365 DAYS A/ C # CASH & INVESTMENTS: VALUE VALUE PORTFOLIO DATE EQUIVALENT EQUIVALENT 9- 100 Passbook / Checking Accounts
WESTAMERICA BANK $ 1, 420, 058. 46 $ 1, 420, 058. 46 9.5% NOW 0.2% 0.2% 9- 101 Local Agency Investment Funds ( A)
State Pool Demand Deposits( 365) $ 7, 351, 241. 62 $ 7, 351, 241. 62 51.0% NOW 0. 32% 0. 32% 9- 103 Certificate of Deposit $ 264,90. 01 $ 264,90. 01 1. 85% NOW 0.2% 0.21% United Security Bank
9- 104 Investment- U.S. Govemment Securities $ 1, 500, 000. $ 1, 500, 000. 10. 51% SEE EXHIBIT D 0. 62% 0. 625% US Bankcorp Piper Jaffray
9- 114 Wells Fargo $ 2, 836, 022. 60 $ 2, 695, 071. 53 19. 87% SEE EXHIBIT D 1. 81% 1. 84% 9- 115 UBS Financial Services, Inc $ 902, 885. 61 $ 858,06. 20 6. 33% SEE EXHIBIT D 1. 71% 1. 73% OPERATING CASH & INVESTMENTS: $ 14, 274, 498. 30 $ 14, 089, 467. 82 100. 00%

RESTRICTED CASH & INVESTMENTS
10-02 Public Agency Retirement Services ( PARS) $ 2, 651, 855. 63 $ 2, 651, 855. 63 81. 47% NOW - 6.2% - 6. 71 % 53- 100 Restricted cash - Inmate Welfare Fund $ 79, 653. 08 $ 79, 653. 08 2. 45% NOW 0.2% 0.25% 54- 100 Restricted cash - Inmate Trust Fund $ 11, 579. 18 $ 11, 579. 18 0. 36% NOW 0.2% 0.25% 60- 114 Restricted cash- Escrow Account CDFW $ 0.0 $ 0.0 0.0% NOW 0.2% 0.25% 62- 103 Restricted cash- LCTOP- BUSPASSES $ 2, 526. 48 $ 2, 526. 48 0.8% NOW 0.2% 0.25% 67- 101 Restricted 19 Rev. Refunding Bond Investments $ 0.0 $ 0.0 0.0% 01/7/ 28 0.0% 0.0% US Bank
Security of U. S. Govemment ( 365)
70- 102 Restricted cash- WWTP Construction ( 3386) $ 345, 104. 41 $ 345, 104. 41 10. 60% SEE EXHIBIT D 0. 55% 0. 56% 71- 104 Restricted cash - COP USDA ( 8423) - $ 154,88. 86 $ 154, 382. 6 4. 74% SEE EXHIBIT D 2. 02% 2. 050% 71- 102 MONIES TO HOLD ACCT OPEN FROM FD 71 ( 338E $ 10, 026. 83 $ 10, 026. 83 0. 31% TOTAL RESTRICTED CASH & INVESTMENTS: $ 3, 254, 934. 47 $ 3, 255, 128. 23 100. 00% GRAND TOTAL CASH & INVESTMENTS 17, 529, 432. 77 $17, 344, 596. 05 This report is presented pursuant to the City of Taft' s Investment Policy which was revised by the Taft City Council at its regularly scheduled meeting of AUGUST 2022 There are sufficient funds to meet the next 6 months' obligations.

A) As allowed by Califomia Govemment Code Section 53646( e), attached Exhibit D 8, Exhibit E provides the agency current market value as of the reporting date, AUGUST 31, 2022 Ben Mangum, Trea. urer, City of aft

EXHIBIT B

CITY OF TAFT
Treasurer' sReport - Summary of Receipts & Disbursements For the month ending AUGUST 2022
BALANCE PAID ADJ. BALANCE

AS OF INTEREST TRANSFER TRANSFER AS OF
07/ 31/ 22 RECEIPTS DISBURSEMENTS GAIN ( LOSS) IN ( OUT) 08/ 31/ 22

POOLED DESIGNATED AND OPERATING
CASH & INVESTMENTS:

PASSBOOK/ CHECKING ACCOUNT - WA $ 2, 082, 157. 35 $ 705, 077. 88 ($1, 367, 210. 55) $33. 78 $ 1, 420, 058. 46 CETIFICATE OF DEPOSIT/ UNITED SECURITY BANK $ 264, 054. 80 $ 235.1 $ 264,90. 01 LOCAL AGENCY INVESTMENT FUND $ 7, 351, 241. 62 $ 7, 351, 241. 62 INVESTMENT- U.S. GOVERNMENT SECURITIES $ 1, 500, 000. $ 1, 500, 00.

CERTIFICATE OF DEPOSIT/ WELLS FARGO $ 2, 834,87. 04 $ 1,02. 05 $ 2, 836, 022. 60 CERTIFICATE OF DEPOSIT/ UBS FINANCIAL SERVICES INC. $ 907, 321. 55 $ 3, 441. 23 ($ 7, 877. 1) $902, 885. 61

TOTAL POOLED DESIGNATED AND
OPERATING CASH & INVESTMENTS: $ 14, 939, 662. 36 $705, 077. 88 ($1, 367, 210. 55) $4, 812. 27 $ 0.0 ($ 7, 877. 1) $14, 274, 498. 30

RESTRICTED CASH & INVESTMENTS
PUBLIC AGENCY RETIREMENT SERVICES ( PARS) $ 2, 718, 239. 01 ($ 1, 309. 28) ($65, 074. 10) $ 2, 651, 855. 63 INMATE WELFARE FUND $ 79, 653. 08 $ 79, 653. 08
INMATE TRUST FUND $ 11, 579. 18 $ 11, 579. 18
ESCROW ACCOUNT- CDFW $ 0.0 $ 0.0
LCTP- BUS PASSES $ 2, 526. 48 $ 2, 526. 48
2019 REV. REFUNDING BOND - US BANK $ 0.0 $ 0.0
WELLS FARGO- WWTP CONSTRUCTION $ 344, 679. 33 $ 425. 08 $ 345, 104. 41 WELLS FARGO- COP USDA $ 154, 09. 22 $ 139. 64 $ 154,88. 86 MONIES TO HOLD ACCT ( 70) FROM FD 71 $ 10, 026. 83 $ 10, 026. 83 TOTAL RESTRICTED CASH & INVESTMENTS:

GRAND TOTAL CASH & INVESTMENTS
3,20, 753. 1 0.0 ($ 1, 309. 28) $564. 72 $ 0.0
18, 260, 415.9 $705, 077. 88 ($1, 368, 519. 83) $5, 376. 99 INTEREST EARNED DURING THE CURRENT MONTH ENDED AUGUST 31, 2022 ARE AS FOLLOWS:

POOLED CASH & INVESTMENTS - WITH - WA
POOLED CASH & INVESTMENTS - WITH - U. S. BANK
POOLED CASH & INVESTMENTS - WITH - L.A. IF.

POOLED CASH & INVESTMENTS - WITH - PIPER JAFRAY

POOLED CASH & INVESTMENTS - WITH -WELLS FARGO

POOLED CASH & INVESTMENTS- WITH- UBS FINANCIAL SERVICE

RESTRICTED CASH & INVESTMENTS

MONTHLY QUARTERLY SEMI- ANNUAL

33. 78
235.1
1,02. 05
3, 441. 23
64, 509. 38)

0.0 0.0
TOTAL ($ 59, 697. 11) $ 0.0 $ 0.0
QUARTERLY INTEREST EARNING ARE AS FOLLOWS:

POOLED CASH & INVESTMENTS - WITH - WA
POOLED CASH & INVESTMENTS - WITH - U. S. BANK
POOLED CASH & INVESTMENTS - WITH - L.A. IF.

POOLED CASH & INVESTMENTS - WITH - UNITED SECURTIY BAN

POOLED CASH & INVESTMENTS - WITH - MS

POOLED CASH & INVESTMENTS - WITH - UBS

RESTRICTED CASH & INVESTMENTS

TOTAL UNRESTRICED CASH & INVESTMENTS ( EXCLUDING LAIF)
TOTAL
QTR. ENDING QTR. ENDING QTR. ENDING
SEP. 30. 2022 DEC. 31, 2022 MARCH 31. 2023

75. 51 $ 0.0 $ 0.0

0.0 $ 0.0 $ 0.0
13, 737. 34 $ 0.0 $ 0.0
397. 92 $ 0.0 $ 0.0
2, 160. 08 $ 0.0 $ 0.0
3, 634. 38 $ 0.0 $ 0.0
939.8 $ 0.0 $ 0.0
7, 207. 8 $ 0.0 $ 0.0
20, 945. 21 $ 0.0 $ 0.0

0.0 $ 3, 254, 934. 47

0.0 ($ 7, 877. 1) $17, 529, 432. 77
TOTAL

33. 78
235.1

0.0 0.0
1,02. 05
3, 441. 23
64, 509. 38)
59, 697. 11)
QTR. ENDING FISCAL
JULY 30. 2023 YEAR TO DATE

0.0 $ 75. 51

0.0 $ 0.0

0.0 $ 13, 737. 34

0.0 $ 397. 92

0.0 $ 2, 160. 08

0.0 $ 3, 634. 38

0.0 $ 939.8

0.0 $ 7, 207. 8

0.0 $ 20, 945. 21

EXHIBIT C

CITY OF TAFT

TREASURER' SREPORT - CASH & INVESTMENT SUMMARY

POOLED DESIGNATED, OPERATING CASH, & INVESTMENTS
AS OF AUGUST 2022
A/ C # POOLED DESIGNATED AND OPERATING
CASH & INVESTMENTS:

BOOK MARKET

VALUE VALUE
9- 100 Passbook / Checking Accounts

WESTAMERICA BANK
NOW" Demand Deposits ( 365)
1, 420, 058. 46 $1, 420, 058. 46
9- 101 Local Agency Investment Funds ( A)
State Pool Demand Deposits( 365) $ 7, 351, 241. 62 $7, 351, 241. 62 9- 103 Certificate of Deposit

UNITED SECURITY BANK
264,90. 01 $ 264,90. 01
9- 104 Investment- U.S. Government Securities $ 1, 500, 000. $1, 500, 000.

US Bankcorp Piper Jaffray
9- 114 Certificate of Deposit $ 2, 836, 022. 60 $2, 695, 071. 53

WELLS FARGO
9- 115 BOND SECURITY
UBS FINANCIAL SERVICES, INC.
902, 885. 61 $ 858,06. 20

TOTAL POOLED DESIGNATED AND
OPERATING CASH & INVESTMENTS: $ 14, 274, 498. 30 $14, 089, 467. 82

SUMMARY OF CASH & INVESTMENT BALANCES BY FUNDS

GENERAL FUND

SPECIAL REVENUE FUND

COMMUNITY CORRECTIONAL FACILITY

SEWER FUND

REFUSE FUND

TRANSIT FUND

FEDERAL WWTP

TAFT COMMUNITY DEVELOPMENT AGENCY

WASTEWATER TREATMENT PLANT

FED DOJ DRUG FORFEITURE

UNALLOCATED INTEREST INCOME

EXPENDITURE CONTROL
2, 017, 643. 36)
1, 212, 156. 73
2, 041, 906. 65
3, 743, 297. 00
1, 594, 355. 07
1, 921, 860. 5)
5, 397, 106. 05
359, 408. 72
3, 859, 680. 85

0.0 6, 091.9
PRINT FORMAT: P, TOTAL POOLED DESIGNATED AND
OPERATING CASH & INVESTMENTS: $ 14, 274, 498. 30

CITY OF TAFT
August 31, 2022
BANK

SETTLEMENT
DATE

COST OF CD
MARKET

VALUE OF CD

INTEREST
RATE
TERM

MATURITY
DATE

INTEREST EARNED

IN FISCAL YEAR

INTEREST
PAYS

US GOVERNMENT SECURITIES
FEDERAL FARM CREDIT BANK 3/ 24/020 1, 500, 000. 1, 500, 000. 0. 625% 4 YEARS 4/ 1/ 2024 SEMI- ANNUALLY

WELLS FARGO
BMW BK N AMERICA CD 09/ 18/ 20 50, 000. 45, 744. 00 0. 50% 5 YEARS 9/ 25/025 SEMI- ANNUALLY CITIBANK 05/ 29/ 18 240, 00. 240, 458.0 3. 25% 5 YEARS 6/ 2023 SEMI- ANNUALLY NELNET BANK CD 04/ 13/ 21 100, 00. 90,10. 0 0. 75% 5 YEARS 4/ 15/ 2026 SEMI- ANNUALLY BANK OF BARODA 12/8/8 169, 000. 169, 584. 7 3. 50% 5 YEARS 12/ 28/023 SEMI- ANNUALLY BANK HAPOALIM 02/ 28/ 19 240, 00. 239,08. 00 3. 05%5 YEARS 3/ 6/ 2024 SEMI- ANNUALLY BANK OF PRINCETON 06/ 17/ 20 245, 000. 229, 310. 2 0. 55%4 YEARS 12/ 30/ 224 225.0 MONTHLY TEXAS EXCHANGE 06/ 17/ 20 245, 000. 233, 46. 00 0. 65%4 YEARS 6/ 21/024 266. 14 MONTHLY JONESBORO ST BANK 11/6/ 20 140, 00. 127, 094. 80 0. 40% 5 YEARS 11/3/ 2025 93. 59 MONTHLY STATE BANK OF INDIA 11/ 23/0 100, 00. 91, 209. 00 0. 55% 5 YEARS 11/ 24/025 SEMI- ANNUALLY LUANASAVINGS IA 12/ 21/0 250, 00. 226, 145. 00 0. 40%5 YEARS 12/ 30/ 225 SEMI- ANNUALLY STATE BANK OF INDIA NY 03/1/ 21 100, 00. 90, 766. 00 0. 65% 5 YEARS 3/ 16/ 2026 SEMI- ANNUALLY NEW VALLEY BANK 03/ 22 169, 235. 00 157, 501. 60 1. 70% 5 YEARS 2/5/027 482. 98 MONTHLY EAGLEMARK SVGS BK 03/9/ 22 100, 00. 93, 865. 00 2. 00% 5 YEARS 3/ 9/ 2027 SEMI- ANNUALLY GOLDMAN SACHS BK USA CD 09/ 29/1 200, 00. 181, 946. 00 1. 05%5 YEARS 9/ 29/026 SEMI- ANNUALLY CAPITAL ONE BK MCLEAN VA 05/4/ 22 250, 00. 245,82. 50 3. 05%5 YEARS 5/ 4/ 2027 SEMI- ANNUALLY DISCOVER GREENWOOD 06/7/ 22 20, 000. 19, 696. 20 3. 15%5 YEARS 6/ 7/ 2027 SEMI- ANNUALLY COMENITY BANK WILMINGTN 06/ 13/ 22 200, 00. 195,74. 00 3. 15% 5 YEARS 6/ 14/ 2027 1, 052. 88 MONTHLY RESTRICTED:

BANK OF BARODA 12/ 28/ 18 56, 000. 56, 193. 76 3. 50% 5 YEARS 12/ 28/023 SEMI- ANNUALLY FIDELITY GOVERNMENT 12/1/9 570, 012. 48 340, 00. 1. 42% 10 YEARS 6/ 24/029 MONTHLY

UBS FINANCIAL SERVICES
COMENITY BANK REDEEMED REDEEMED REDEEMED REDEEMED 5 YEARS 8/ 2/022 386.0 REDEEMED DISCOVER BK 07/ 25/ 18 100, 00. 100, 228. 00 3.5%5 YEARS 8/ 1/ 2023 1, 661. 23 SEMI- ANNUALLY MORGAN STANLEY 07/ 26/ 19 100, 00. 97, 831. 00 2.3% 5 YEARS 8/ 1/ 2024 1, 090. 96 SEMI- ANNUALLY STATE BK IL US RT 09/ 25/0 100, 00. 91, 510. 0 0. 50% 5 YEARS 9/ 22/025 SEMI- ANNUALLY GOLDMAN SACHS 08/9/ 21 100, 00. 91, 029.0 1. 00% 5 YEARS 8/ 18/ 2026 495. 89 SEMI- ANNUALLY BANK UNITED 12/4/ 21 199, 444. 38 183, 350. 0 1. 35% 5 YEARS 12/ 8/ 2026 QUARTERLY AMERICAN EXPRESS 08/3/ 22 100, 00. 99,55. 00 3.5% 2 YEARS 8/ 5/ 2024 SEMI- ANNUALLY SALLIE MAE BANK UT US 12/5/ 21 200, 00. 189, 448. 00 1. 00%3 YEARS 12/5/ 2024 SEMI- ANNUALLY Total Interest Earned $ 5, 755. 17
Maturity Distribution
As of AUGUST, 2022
Portfolio/ Benchmark
0- 1 1- 2 2- 3 3- 4
Years Years Years Years
4-5
Years
5 Years
US Treasuries
Certificates of Deposits 2. 00%
100%

30. 00%
100%

12. 00% 22. 00% 21. 00% 13. 00%
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

ACCEPT BID AND AWARD AGREEMENT IN THE AMOUNT OF $288,922 TO KEN W.

SMITH CONSTRUCTION INC. FOR THE CDBG FUNDED NEEDS CENTER BUILDING

RENOVATION PROJECT
SUMMARY STATEMENT:

In May of 2021 the City applied for our allotment of CDBG Corona Virus Relief funds in the amount of $344,004 in order to partner with the local NEEDS Center and fund a building renovation project. This project will fund renovations to the building to help them better, more safely, serve their clientele. The City has since entered in to a Subrecipient Agreement with the NEEDS Center for the Project which outlines the NEEDS Centers role in the project and the city’s management of the Project.

A competitive bid package was put out by the City in August 2022 for the Project. Three responses were received, ranging from $288,922 to $349,900 and a copy of the bid sheet is attached. The grant budget is $344,004 so the Project will be totally covered by grant funds.

Ken W. Smith Construction, Inc. was the apparent low bidder.

After a review of the bids, staff recommends accepting the bid from Ken W. Smith Construction, Inc. and awarding the contract for the Project.

RECOMMENDED ACTION
Motion to accept the bid in the amount of $288,922 from Ken W. Smith Construction, Inc., for the CDBG funded NEED’s Center Building Renovation Project, approve entering into an agreement for same and authorize the Mayor to execute said agreement.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes – Bid Sheet and Agreement
PREPARED BY: City Clerk/Grant Administrator

AGREEMENT

CITY OF TAFT

CDBG NEEDS CENTER PROJECT
CDBG GRANT #20-CDBG-CV2-3-00222
This Agreement, made and entered into this 1st day of November 2022, at Taft, California, by and between the CITY OF TAFT referred to as the "OWNER", and Ken W. Smith Construction Inc. hereinafter referred to as the "Contractor."
WHEREAS, the Contractor, as will appear by reference to the records of the Proceedings of the OWNER, was duly awarded the Contract for the Work hereinafter mentioned.

NOW, THEREFORE, IT IS HEREBY AGREED THAT:

ARTICLE 1 - Witness to, that for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by said OWNER, and under the conditions expressed in the two bonds, bearing even date with these present, and hereunto annexed, said Contractor agrees with said OWNER, at its own cost and expense, to do all the work and furnish all materials, except such as are mentioned in the Contract Documents to be furnished by the OWNER, necessary to construct and complete in good, workmanlike and substantial manner for the below described work in accordance with the Contract Documents as listed herein and are by such reference made a part hereof.

The work is comprised of, but not limited to, in general, the demolition, preparation and construction of building improvements and associated appurtances in the City of Taft.

ARTICLE 2 - The said OWNER hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, and administrators.

ARTICLE 3 - The said Contractor agrees to receive and accept the price stated in the preceding Bid Sheet as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the said OWNER and for all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and for well and faithfully completing the Work, and the whole thereof in the manner and according to the requirements of the Contract Documents therefore, and the requirements of the Engineer under their terms, to wit. In accordance with Section 10261 of the California Public Contracts Code, Owner will retain 5% of the Contract Amount from each approved progress payment, until final completion and acceptance of the Project. Final Completion with respect to release of retention shall be defined as 35 calendar days following the date that Notice of Completion is filed with the County Recorder and no liens have been filed.] [In accordance with Public Contract Code section 9203, Retention will be released when the Contractor has achieved Final Completion of the Work as defined in Article 15 of the General Conditions and has fully performed its obligations under the Contract Documents.

ARTICLE 4 - This contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this contract exist between the parties.

This contract can be modified only by an agreement in writing signed by both parties. It is also expressly agreed by and between the parties hereto that the Contract Documents shall consist of:

1. Notice Inviting Bids

2. Instructions to Bidders

3. Signed Proposal Form

4. Experience Qualifications Form

5. Bid Schedule including acknowledged addenda, if any

6. Contractor's Licensing Statement

7. List of Subcontractors

8. List of Suppliers

9. Bid Security Form and Bid Bond

10. CDBG Debarment Certification Form

11. Non-Collusion Affidavit

12. Affirmative Action Form

13. Proof of Worker’s Compensation Insurance

14. One photocopy of each license required by these Instructions to Bidders

15. Certificate of Liability Insurance and Endorsement

16. Construction Work Plan

17. Project Agreement

18. Performance Bond

19. Payment Bond

20. Notice Intent of Award

21. Notice to Proceed

22. CDBG Contract Change Order Transmittal Form

23. Contract Change Order

24. Work Directive Change

25. Notice of Completion

26. Consent of Surety - Request for Adjustment of Retainage

27. Consent of Surety - For Final Payment

28. Unconditional Waiver and Release upon Final Payment

29. General Conditions

30. Supplementary General Conditions

31. Technical Specifications (not applicable)

32. Plans as listed on the coversheet of the Project Plans

33. Addenda numbers 1 to 6, inclusive

34. Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto

35. HUD Section 3 Compliance Attachments

36. HUD-4010 Federal Labor Standards Provisions (attached to Agreement)

37. Wage Determination Lock-In Notice (attached to Agreement) There are no Contract Documents other than those listed in this Article 4. The Contract Documents may only be amended by Change Order as provided in Article 11 of the General Conditions.

ARTICLE 5 - Contractor agrees to commence work pursuant to this Contract on the date specified in the Notice to Proceed, and to diligently prosecute the same to completion within the time stipulated in the INSTRUCTIONS TO BIDDERS, Article 2.

ARTICLE 6 - The Contractor shall defend, indemnify and save harmless the OWNER, its officers, agents and employees from any and all claims, demands, damages, costs, expenses or liability occasioned by the performance or attempted performance of the provisions hereof.

ARTICLE 7 - If either party becomes involved in arbitration or litigation arising out of this contract or the performance of it, the court or tribunal in such arbitration or litigation or in a separate suit shall award reasonable costs and expenses of arbitration and litigation, including expert witness fees and attorney fees, to the prevailing party or parties.

ARTICLE 8 - 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 monies that may become due and monies 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.

OWNER and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

IN WITNESS WHEREOF, OWNER and Contractor have caused this Agreement to be executed the day and year first above written.

CITY OF TAFT CONTRACTOR
__________________________________ ___________________________________ By: Dave Noerr, Mayor By:
[CORPORATE SEAL]
Attest Attest
Address for giving notices Address for giving notices
209.E. Kern St. 10721 Rio Mesa Drive
Taft, CA 93268 Bakersfield, CA 93308
License No.

HUD-4010 (06/2022)
Previous editions are obsolete. Page 1 of 5 ref. Handbook 1344.1 HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
(1) MINIMUM WAGES
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place, where it can be easily seen by the workers. (ii) Additional Classifications.
(A) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor, the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division (“Administrator”), Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget (“OMB”) under OMB control number 1235-0023.) (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.)
HUD-4010 (06/2022)
Previous editions are obsolete. Page 2 of 5 ref. Handbook 1344.1 (D) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) (2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The U.S. Department of Labor shall make such disbursements in the case of direct Davis-Bacon Act contracts. (3) Payrolls and basic records.
(i) Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.

Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1235-0023 and 1215-0018) (ii) Certified Payroll Reports.
(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

HUD-4010 (06/2022)
Previous editions are obsolete. Page 3 of 5 ref. Handbook 1344.1 Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S.

Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.) (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR

5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; and
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph (a)(3)(ii)(b).
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.

HUD-4010 (06/2022)
Previous editions are obsolete. Page 4 of 5 ref. Handbook 1344.1 If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed, unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract.
(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1) through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of Eligibility.
(i) By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

HUD-4010 (06/2022)
Previous editions are obsolete. Page 5 of 5 ref. Handbook 1344.1 (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment (e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802. (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.

B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum set by the U.S.

Department of Labor at 29 CFR 5.5(b)(2) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the clause set forth in subparagraph B(2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs B(1) through (4) of this paragraph.

C. HEALTH AND SAFETY
The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: November 1, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) WITH SOROPTIMIST

INTERNATIONAL OF TAFT FOR THE SOROPTIMIST MEMORIAL ROSE GARDEN LOCATED

IN THE DOWNTOWN MINI-PARK
SUMMARY STATEMENT:

In March of 2000 the City entered into an agreement with the Soroptimist International of Taft for the purpose of allowing them to construct, establish and maintain a memorial rose garden in the Downtown Mini-Park. The Soroptimists have done just this and performed maintenance to the garden since then.

The Soroptimists have recently reached out and asked to modify that agreement since the dynamics of their general membership have changed over the years, with members aging and finding it harder to do the work required and newer members being busy with family and jobs.

They have proposed the following changes to the agreement: 1) they will perform two planned “Days of Service”, to work at the park. One in the Spring and one in the Fall; 2) weed and plant new plants as needed; and 3) most importantly, they will maintain the Memorial Plaque. The daily maintenance will revert back to the City.

The attached MOU outlines this updated understanding between the City and the Soroptimist regarding the rose garden.

RECOMMENDED ACTION
Motion to approve the Memorandum of Understanding (MOU) with the Soroptimist International of Taft for the Soroptimist Memorial Rose Garden located in the Downtown MiniPark and authorize the Mayor to execute the MOU.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes, MOU
PREPARED BY: Office of the City Manager

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TAFT

AND SOROPTIMIST INTERNATIONAL OF TAFT
This Memorandum of Understanding is made and entered into by and between the City of Taft, a municipal corporation, hereinafter referred to as “CITY” and Soroptimist International of Taft, a California not-for-profit corporation, hereinafter referred to as “SOROPTIMIST” each of whom agree as follows:

WHEREAS, CITY is the owner of certain property located at 412 Center Street, Taft, CA (APN 031- 050-14) commonly known as the Downtown Mini-Park; and
WHEREAS, SOROPTIMIST wishes to continue to utilize that portion of said property that currently contains the Soroptimist Memorial Rose Garden.

NOW, THEREFORE, CITY is willing to permit SOROPTIMIST to continue to utilize that portion of said property for the Soroptimist Memorial Rose Garden and CITY and Soroptimist further agree as follows:

1. CITY hereby continues to grant SOROPTIMIST a non-exclusive license to utilize that portion of the property for the Soroptimist Memorial Rose Garden.

2. SOROPTIMIST may install appropriate signage as determined by CITY upon the property for the purpose of identifying sponsorship of the rose garden.

3. CITY retains the right to require SOROPTIMIST to enclose rose garden with appropriate fencing as determined by CITY should CITY deem it in the public interest to do so.

4. SOROPTIMIST will 1) perform two planned “Saturday Days of Service” to work in the park, one in Spring and one in Fall; 2) weed and plant new plants as needed; and 3) maintain the Memorial Plaque.

5. CITY will provide all other required maintenance for the property.

6. Both CITY and SOROPTIMIST agree to indemnify, defend and hold harmless the other party and its governing board, officers, officials, employees, and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of, or any way related to, the negligence or willful misconduct of the other party.

7. Either CITY, or SOROPTIMIST, may cancel this MOU with 30-day written notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this 1st day of November, 2022.

CITY OF TAFT SOROPTIMIST INTERNATIONAL OF TAFT
__________________________________ __________________________________ Dave Noerr, Mayor Deborah Woodson, President
Attest:
__________________________________
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: November 1, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

SETTLEMENT OF LEASE WITH QUADIENT/NEOPOST FOR MAIL MACHINE SUMMARY STATEMENT:

The City of Taft had a lease agreement with Quadient/Neopost for a mail machine and postage services for the Taft Modified Community Correctional Facility (MCCF). (Lease N19111363) This settlement agreement is for the premature termination of the lease agreement for the postage machine due to the closure of the Taft Modified Community Correctional Facility

RECOMMENDED ACTION
Motion to approve the settlement agreement with Quadient/Neopost for termination of Lease N19111363 and authorize the Mayor to execute same.

IMPACT ON BUDGET (Y/N): Cost of the settlement agreement is $10,000 which is offset by reduction in original payment terms
ATTACHMENT (Y/N): Settlement Agreement
PREPARED BY: Lonn Boyer, Director of Human Resources/Assistant City Manager

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: November 1, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

AUTHORIZATION TO SIGN INDEMNITY AGREEMENT INDEMNIFYING COUNTY OF KERN REGARDING FY21 STATE HOMELAND SECURITY GRANT
SUMMARY STATEMENT:

The FY21 State Homeland Security Grant received by the County of Kern Office of Emergency Service includes allocations to purchase equipment and services for the City and all grant funded procurement is administered through the Kern County Fire Department for this grant.

As required by County Counsel and as done in previous years, indemnity agreements are required for the City of Taft’s use of all procured equipment and services.

RECOMMENDED ACTION
Motion to authorize the Mayor to sign the indemnity agreement indemnifying County of Kern regarding receiving grant assistance for an Emergency Operations Plan update through the FY21 State Homeland Security Grant.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes – Indemnity Agreement
PREPARED BY: City Manager

Page 1 of 4 ends

AGREEMENT NO. _______________________________

INDEMNITY AGREEMENT
THIS AGREEMENT is made and entered into on _______________________ by and between the CITY OF TAFT, a municipal corporation (“City”), and the COUNTY OF KERN, a political subdivision of the State of California (“County”). City and County may be referred to individually as “Party” and collectively as “Parties”.

RECITALS
WHEREAS, County is the annual recipient of funds from the Governor’s Office of Emergency Services to support and provide for the purchase of equipment, planning and training related to public safety (“Grant Funds”); and WHEREAS, the equipment, training and planning services funded with the Grant Funds may be to support other jurisdictions within Kern County, including the City of Taft, based on selection of projects most deserving of the grant funds; and WHEREAS, the City of Taft has requested assistance through the County to utilize Grant Funds to update the City’s Emergency Operations Plan (“EOP”) to improve City’s preparedness to implement a coordinated and effective disaster response capability of City resources; and
WHEREAS, in exchange for the County administration of purchasing processes described below to support the City’s process to update its EOP, the City desires to hold harmless and indemnify County from any claims and/or litigation arising out of the City’s use of the updated EOP.

NOW, THEREFORE, incorporating the foregoing recitals herein, the Parties mutually agree as follows:

1. PROJECT. The name of the project in the FY21 State Homeland Security Grant for this project is the Kern Op Area Emergency Operations Plans Update Project, with an initial budgeted allocation of $135,000.  City jurisdictions included in this project are Taft, Tehachapi and Shafter.  Actual cost for consulting services to assist updates of City EOPs will be determined through a competitive bid process administered by County.  Should the grant allocation for this project be insufficient to fund the project costs as determined through the competitive bid process, this project may be deleted entirely or reduced in scope as needed.
 County will develop a Request for Bid document, administer the evaluation

Page 2 of 4 ends

process to develop recommendation of proposer best suited to support project, develop the contractual document for County Board of Supervisor approval, and administer payments to vendor as contractually required  The bid, contracting and payment processes will be done in accordance with Kern County Policies and Procedures.
 Each participating City will designate a knowledgeable representative to provide review and input for development of the Request for Bid document, to serve on the Selection Committee to evaluate all proposals received by County for this project.
 Each participating City will designate a knowledgeable point of contact to coordinate input, review and comment as needed by the selected consultant to support the project objectives.
 Each participating City will conduct final review and acceptance of plan document on behalf of the City.
 Each participating City will advise County of acceptance of plan deliverable to support County administration of payment to selected consultant.

2. INDEMNITY. City agrees to indemnity, defend and hold harmless County and County’s agents, board members, elected and appointed officials and officers, employees, volunteers, and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgements, costs, fines and expenses (including, but not limited to reasonable attorneys’ fees, costs of staff time, and investigation costs) of whatever kind or nature, which arise out of or are in any way connected with the City’s use of the updated Emergency Operations Plan and any act or omission of the City of Taft or City’s officers, agents, employees, independent contractors, sub-contractors of any tier, law enforcement partners or authorized representatives arising out of, connected with, or caused by the use of the updated Emergency Operations Plan. Without limiting the generality of the foregoing, the same shall include injury or death to any person or persons, damage to any property, regardless of where located, including the property of County, and any workers’ compensation claim or suit arising from or connected with the above referenced use of the subject updated Emergency Operations Plan performed pursuant to this Agreement by or on behalf of the City of Taft or City’s officers, agents, employees, independent contractors, sub-contractors of any tier, law enforcement partners or authorized representatives.

3. SELF INSURANCE. City self-insures as a matter of normal business practice, and will continue to self-insure for the term of this Agreement in at least the minimum amounts necessary to meet reasonable risks. City shall forward documentation to the County that demonstrates that the City self-insures as a matter of normal business practice before receiving any equipment purchased with the Grant Funds.

Page 3 of 4 ends

4. AMENDMENT. The provisions of this Agreement may be modified only by mutual agreement of the parties. No modifications shall be binding unless it is in writing and signed by the party against whom enforcement of the modification is sought.

5. COMPLIANCE WITH LAW. The Parties shall observe and comply with all applicable local, state and federal laws, ordinances, rules and regulations now in effect or hereafter enacted.

6. SIGNATURE AUTHORITY. Each Party has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been fully authorized and empowered to enter into this Agreement.

7. INDEPENDENT CONTRACTORS. In the performance of the services under this Agreement, the Parties shall be, and acknowledge that they are in fact and law, independent contractors and not agents or employees of the other. Each has, and shall retain, the right to exercise full supervision and control over the manner and methods of providing services under this Agreement. Each retains full supervision and control over the employment, direction, compensation and discharge of all persons assisting in the provision of services under this Agreement and shall be solely responsible for payment of wages, benefits and other compensation, compliance with all occupational safety welfare and civil rights laws, tax withholding and payment of employment taxes whether federal, state or local, and compliance with any and all other laws regulating employment.

REMAINDER OF PAGE INTENTIONALLY BLANK

Page 4 of 4 ends

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.
“CITY” “COUNTY”

CITY OF TAFT COUNTY OF KERN
By: ___________________________ By:_______________________

DAVE NOERR
Mayor
APPROVED AS TO FORM:

County Counsel
By:_______________________

Deputy County Counsel

Taft City CouncilNovember 1, 2022

Taft City Council
November 1, 2022