TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
TUESDAY, FEBRUARY 7, 2023
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 6:00 P.M.
Pledge of Allegiance
Invocation
Roll Call: Mayor Noerr
Mayor Pro Tem Krier
Councilmember Bryant
Councilmember Waldrop
Councilmember Chavira
1. PROCLAMATIONS –
• SAFE SURRENDER BABY AWARENESS MONTH
• KERN COUNTY GRAND JURY AWARENESS MONTH
2. REORGANIZATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS Recommendation –
1. Reorganize committees as deemed appropriate.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
3. CITIZEN REQUESTS/PUBLIC COMMENTS
COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY
THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON MATTERS WITHIN ITS JURISDICTION. STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. COUNCIL MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. PLEASE LIMIT COMMENTS TO FIVE MINUTES.
4. COUNCIL STATEMENTS (NON-ACTION)
5. PLANNING COMMISSION REPORT
6. DEPARTMENT REPORTS
7. CITY MANAGER STATEMENTS
8. CITY ATTORNEY STATEMENTS
City of Taft Council/Successor Agency Meeting
Agenda
February 7, 2023
9. FUTURE AGENDA REQUESTS
********************************************************************************************************* CONSENT CALENDAR ITEMS 10-14
All items listed on the Consent Calendar shall be considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless a member of the City Council requests specific items to be removed from the Consent Calendar for separate action. Any item removed from the Consent Calendar will be considered after the regular business items. Are there any items on the consent calendar that any member of the public would like to comment on?
10. MINUTES
January 17, 2022
Recommendation – Approve as submitted.
11. PAYMENT OF BILLS
Warrant # 1/20/23 Check No. 97386-97458 $ 744,906.79
Warrant # 1/23/23 Check No. 97459-97463 $ 855.06
Warrant # 2/03/23 Check No. 97464-97517 $ 273,242.61
Recommendation – Approve payment of the bills.
12. TREASURER’S REPORT
Recommendation - Motion to receive and file Treasurer’s Report for the Month of December 2022.
13. PLANNING DIRECTOR TO ATTEND THE AMERICAN PLANNING ASSOCIATION’S NATIONAL PLANNING CONFERENCE IN PHILADELPHIA, PA, FROM MARCH 31 TO APRIL 4, 2023 Recommendation –
1. Motion to approve travel expenses for the Planning Director to attend the American Planning Association’s National Planning Conference in Philadelphia, PA, from March 31 to April 4, 2023, with approved expenses up to $1,200.00.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
14. PROFESSIONAL SERVICES AGREEMENT WITH HOUSEAL LAVIGNE ASSOCIATES FOR ON-CALL
GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES
Recommendation –
1. Motion to approve the agreement between the City of Taft and Houseal Lavigne Associates, and to authorize the Mayor to execute said agreement.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines. ********************************************************************************************************* City of Taft Council/Successor Agency Meeting
Agenda
February 7, 2023
CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, CRAIG JONES- CITY MANAGER Government Code Section 54956.8 – undisclosed parcel
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(b) – one (1) potential case
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 Deputy City Clerk for the City of Taft; that an agenda was posted on a public information bulletin board located near the door of the Civic Center Council Chamber on February 2, 2023 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 February 2, 2023, at Taft, California.
Signature _________
PROCLAMATION
DECLARING
FEBRUARY 2023
SAFE SURRENDER BABY AWARENESS MONTH
IN KERN COUNTY
Whereas, the Safely Surrendered Baby Law was first implemented in California on January 1, 2001, with the intent to prevent harm and possible death to newborns; and
Whereas, the law’s intent is to save the lives of newborn infants at risk of abandonment by encouraging parents or persons with lawful custody to safely surrender the infant within 72 hours of birth with no questions asked; and Whereas, in Kern County there have been 95 babies Safely Surrendered since 2006; and
Whereas, The Safely Surrendered Baby Coalition, under the coordination of the Department of Human Services, works to educate Kern County residents about this important law.
NOW THEREFORE, the City Council of the City of Taft, does hereby join other cities in proclaiming the month of February, 2023, as Safe Surrender Baby Awareness Month in Kern County.
Dated this 7th day of February 2023.
_________________________ Dave Noerr, Mayor
___________________________ ___________________________ Orchel Krier, Mayor Pro Tem Josh Bryant, Council Member ______________________________ _______________________________ Ron Waldrop, Council Member Carlos Chavira, Council Member
PROCLAMATION
DECLARING
FEBRUARY 2023
“KERN COUNTY GRAND JURY AWARENESS MONTH”
Whereas, the Grand Jury is one of the oldest government institutions in our jurisprudence, devised to check the excesses of the English monarchy and to ensure the rights of the accused; and
Whereas, the California Constitution, adopted in 1879, provided “that a Grand Jury shall be drawn and summoned at least once a year in each county; and Whereas, the California Grand Jury is an arm of the Superior Court; and Whereas, the Grand Jury acts as the public’s “watchdog” by investigating and reporting on affairs of local government and recommending ways local governments can be more efficient, effective, transparent, and accountable; and Whereas, the Grand Jury is a body of nineteen citizens and is a diverse group of men and women with a wide range of backgrounds and interests who make a commitment to serve a minimum of twenty hours per week for a twelve month term.
NOW THEREFORE, the City Council of the City of Taft, does hereby join other cities in proclaiming the month of February, 2023, as Kern County Grand Jury Awareness Month and encourage all citizens to consider volunteering for the Kern County Grand Jury.
Dated this 7th day of February 2023.
_________________________ Dave Noerr, Mayor
___________________________ ___________________________ Orchel Krier, Mayor Pro Tem Josh Bryant, Council Member ______________________________ _______________________________ Ron Waldrop, Council Member Carlos Chavira, Council Member REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: FEBRUARY 7, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
REORGANIZATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS
SUMMARY STATEMENT:
In 1994, the City Council established several standing committees, each of which has been delegated certain responsibility to review issues within its area of expertise and to make recommendations to the full City Council concerning issues. Per Policy and Procedures Manual Section 101, the City Council traditionally reorganizes every two (2) years after an election has been certified and then Committee appointments are made.
Below are all the committees and the number of council member positions:
1) Finance Committee (2 members – 1 alternate)
2) Personnel/Administrative Committee (2 members – 1 alternate) 3) Public Works Committee (2 members – 1 alternate)
4) Safety Committee (2 members – 1 alternate)
5) Traffic Committee (1 members – 1 alternate)
6) Economic Development Committee (2 members – 1 alternate) Ad Hoc Committees:
Prior Ad Hoc Committees are being dissolved at this time as they were formed in response to requests of former Council Members no longer serving and neither ad hoc had met in over 4 years. If a Council Member would like to form an ad hoc committee in the future to address a local need or concern, a request to do so can be brought during the future agenda requests portion of any meeting.
In addition to the above committees, there are the following:
• League of California Cities Legislative Delegate Program – Legislative Delegate (1 position) • Kern Council of Governments (Kern COG) (1 member – 1 alternate) • City Selection Committee (Mayor serves as the 1 member per Gov. Code) • Valley-Wide Special City Selection Committee (1 member – 1 alternate) • LAFCO - None needed until Taft’s rotation comes back around • Kern Economic Development Corporation Board Member (1 member) CEQA DETERMINATION:
The activity is not subject to the requirements of the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) of the CEQA Guidelines in that the activity is not a project as defined in Section 15378.
RECOMMENDED ACTION
1. Reorganize committees as deemed appropriate.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes – Complete list of committee assignments PREPARED BY: City Clerk
TAFT CITY COUNCIL/SUCCESSOR AGENCY
MINUTES
JANUARY 17, 2023
The January 17, 2023, regular joint meeting of the Taft City Council/Taft Successor Agency, held in the Council Chamber at Taft City Hall, 209 East Kern Street, Taft, CA 93268, was opened by Mayor Dave Noerr at 6:00 PM. The Pledge of Allegiance was led by Mayor Noerr and invocation was given by Greg Mudge.
PRESENT: Mayor Dave Noerr and Mayor Pro Tem Orchel Krier Council Members Carlos Chavira and Ronald Waldrop
City Manager Craig Jones and City Attorney Jason Epperson City Clerk Yvette Mayfield
ABSENT: Council Member Josh Bryant
1. APPOINTMENT OF THE CITY CLERK
Motion: Moved by Krier, seconded by Chavira to appoint Yvette Mayfield to serve as the appointed City Clerk.
AYES: Krier, Chavira, Waldrop, Noerr
PASSED: 4-0
The oath of office was given to newly appointed City Clerk Mayfield.
2. REORGANIZATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS Recommendation – Reorganize committees as deemed appropriate. It was requested, and the Council unanimously agreed, to table this item until next meeting when the whole Council will be in attendance.
3. CITIZEN REQUESTS/PUBLIC COMMENTS
Edward Herrera representing the Oaxacan Community and Rotary spoke about the Oaxacan community and their upcoming festival.
Valentin Silva, spoke to the Council in Spanish talking about the Oaxacan community, and inviting the Council to their upcoming festival. Juan Carlos interpreted the comments for the group.
4. COUNCIL STATEMENTS (NON-ACTION)
Mayor Pro Tem Krier stated that it was nice to see the Oaxacan community so active and involved and wanting to assimilate and be a part of Taft.
Mayor Noerr shared his hope for the new year and the changes in the House that may be beneficial to everyone to help to work to disseminate the truth.
5. PLANNING COMMISSION REPORT
City of Taft Council/Successor Agency Meeting
Minutes
January 17, 2023
Planning Commissioner Livingston reported that the Commission approved two agenda items requesting extensions of map approvals, one was for a solar project, and one was for a housing project.
6. DEPARTMENT REPORTS
Police Chief, Damon McMinn, gave a report of department statistics for the month of December.
7. CITY MANAGER STATEMENTS
There was none.
8. CITY ATTORNEY STATEMENTS
There was none.
9. FUTURE AGENDA REQUESTS
There was none.
********************************************************************************************* CONSENT CALENDAR ITEMS 10-16
Motion: Moved by Krier, seconded by Waldrop to approve consent calendar items 10-
16. AYES: Krier, Chavira, Waldrop, Noerr
PASSED: 4-0
10. MINUTES
December 20, 2022
Recommendation – Approve as submitted.
11. PAYMENT OF BILLS
Warrant # 12/23/22 Check No. 97270-97349 $ 356,610.78
Warrant # 12/27/22 Check No. 97350-97352 $ 2,336.20
Warrant # 1/6/23 Check No. 97353-97385 $ 64,971.67
Recommendation – Approve payment of the bills.
12. TREASURER’S REPORT
Recommendation - Motion to receive and file Treasurer’s Reports for the Month of November 2022.
City of Taft Council/Successor Agency Meeting
Minutes
January 17, 2023
13. 2ND READING – ORDINANCE AMENDMENT OF TITLE 5 OF THE TAFT MUNICIPAL CODE REGARDING THE ADOPTION OF THE 2022 CALIFORNIA BUILDING CODE Recommendation – Motion to adopt an ordinance amendment entitled AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TAFT APPROVING AN ORDINANCE AMENDMENT, AN AMENDMENT OF TITLE 5 OF THE TAFT MUNICIPAL CODE, TO ADOPT THE 2022
CALIFORNIA BUILDING, RESIDENTIAL, PLUMBING, MECHANICAL, ELECTRICAL,
ENERGY, GREEN BUILDING STANDARDS, AND FIRE CODES, WITH CERTAIN EXCEPTIONS, EDITS AND CORRECTIONS. (Ordinance No. 851-23)
14. UPDATE OF POSITION CLASSIFICATIONS INCLUDED IN THE EMPLOYEE AGREEMENTS Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TAFT UPDATING THE MEMORANDUM OF AGREEMENTS FOR
THE MANAGEMENT SUPERVISORY CONFIDENTIAL GROUP AND THE POLICE MANAGEMENT GROUP. (Resolution No. 4174-23)
15. MONTHLY REPORT FOR KERN COUNTY FIRE STATION 21
Recommendation – Receive and file the monthly report for Kern County Fire station Number 21.
16. RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 23-24) FOR JULY 2023 THROUGH JUNE 2024
Recommendation –
1) Motion to adopt a resolution entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO
THE TAFT COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF TAFT APPROVING
AND ADOPTING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2024, PURSUANT TO THE PROVISIONS SET FORTH IN HEALTH AND SAFETY CODE SECTION 341177(j)(AB 1X 26); (Resolution No. 4175-23) and
2) Direct Staff to present the ROPS 23-24 to the Countywide Oversight Board for approval. ********************************************************************************************* At 6:43PM the meeting was recessed in to closed session.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Santa Barbara Superior Court Case # 1069882 The City Council discussed in closed session the item agendized for closed session discussion and direction was given to staff and negotiators. No other reportable action was taken.
ADJOURNMENT - With no further business to conduct the meeting was adjourned at 7:02 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor
REVIEWED BY:
CITY CLERK: FINANCE DIRECTOR: CITY MANAGER:
City of Taft Agenda Report
DATE: FEBRUARY 7, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
PLANNING DIRECTOR TO ATTEND THE AMERICAN PLANNING ASSOCIATION’S NATIONAL PLANNING CONFERENCE IN PHILADELPHIA, PA, FROM MARCH 31 TO APRIL 4, 2023 SUMMARY STATEMENT:
The Director of Planning and Development Services has been a professional member of the American Planning Association (APA), a member of the Small Town and Rural (STaR) Communities Division, and is responsible for continuing education, training sessions and seminars, in order to benefit him and the jurisdiction he serves. The Director currently serves as the Chair of the STaR Division, which focuses on planning and development issues affecting small town and rural communities.
The Director is requesting authorization to attend the APA’s 2023 National Planning Conference in Philadelphia, PA, from March 31 to April 4, 2023. The full cost of attending the conference, with hotel and per diem costs per the City’s reimbursement policy, would cost well over $2,000. As the Division Chair, the Director is expected to attend the conference. As such, the STaR Division reimburses up to $1,500.00 in costs to attend the conference, which should cover most of the registration and hotel costs.
The Director is requesting approval for up to $1,200.00 to cover additional conference and hotel expenses, mobile workshops, conference events, and meals and incidentals. The Director will be responsible for covering all other expenses to attend the conference including travel (airfare), additional hotel stay, meals, ground transportation, conference sessions, additional workshops with a fee, and other incidentals. Additionally, the Director will not receive overtime pay for traveling to and from Philadelphia and attending the conference on Saturday and Sunday, April 1 and 2, 2023.
RECOMMENDED ACTION:
1. Motion to approve travel expenses for the Planning Director to attend the American Planning Association’s National Planning Conference in Philadelphia, PA, from March 31 to April 4, 2023, with approved expenses up to $1,200.00.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
FUNDING SOURCE: Planning Department Training and Development Budget ATTACHMENT (Y/N): Travel Authorization Cost Summary
APA Conference Registration Rates
Four Points Hotel Rates
PREPARED BY: Mark Staples, Director, Planning & Development Services Employee
Mark Staples
Destination No. of Days Amount
Philadelphia, PA 5 $2,541.62
Description Payment Method Amount
Registration CC $785.00
Air Fare
Lodging CC $1,172.12
Meals $434.50
Mileage
Gasoline
Rental Car
Tips - _______________________
Public Transit
Mobile Workshops CC $150.00
Parking
TOTAL $2,541.62
Departure Date/Time Date/Time
Taft 3/30/2023 3/31/2023
Philadelphia 4/5/2022 4/5/2022
Employee Date Date
Mark Staples 2/8/2023
Department Head Date Date
10415-02000
American Planning Association National Conference, Philadelphia, PA - March 31, April 1-4, 2023 Account No.
Department Position
Planning & Development Services Director
American Planning Association
Four Points City Center
Per Diem
BUDGETED FUNDS AVAILABLE: _______Y______________
COST SUMMARY
Vendor
ITINERARY
American Planning Association
Use the reverse side of this form for reporting actual expenses within 10 working days after your return and submit to your Department Supervisor or City Manager for approval. If using electronic form please attach the Travel Expense Report to the authorization form along with all detail, signed, and coded receipts. Any expense not supported, (excluding tips) will be not be reimbursed or will be required to be repayed if charged on a City credit card.
City of Taft
TRAVEL AUTHORIZATION
This form should be completed in legible handwriting or in Excel using the City's standard template
PURPOSE
City Manager (Required)
Supervisor (If Required)
Arrival
Philadelphia
Taft
APPROVALS
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April 1–4, 2023 | Philadelphia, Pennsylvania
April 26–28, 2023 | Online
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https://secured.bookaahotels.com/booking/payment/9194adf4-ffab-4ea5-82a9-294fcbf1d5c6/ca57ab2a-1dc4-f472-6d57-72d9c7bcbef2?hotelId=54284… 1/1 Guest room, 1 King
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REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: FEBRUARY 7, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
PROFESSIONAL SERVICES AGREEMENT WITH HOUSEAL LAVIGNE ASSOCIATES FOR ONCALL GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES SUMMARY STATEMENT:
The City of Taft has contracted with Houseal Lavigne Associates, since 2020, for Geographic Information System (GIS), replacing services provided by Placeworks. The Planning Director has worked with the Houseal Lavigne GIS staff to update it online mapping catalogue with ESRI, and updated focused economic development maps for use at ICSC retail recruitment events. It is recommended to approve this updated agreement with Houseal Lavigne Associates for oncall services not to exceed $10,000.00 for the fiscal year of 2022-23.
Houseal Lavigne is one of the few private consulting firms working directly with ESRI to advance GIS use in city and county jurisdictions. The City has licensing agreements with ESRI for GIS software and the City’s ESRI online portal ArcGIS Online. Houseal Lavigne will assist the City in hosting a public zoning map online, mapping updates from the Downtown Taft Specific Plan project, will determine needs in upgrading software, GIS files (property data, census data, etc.), and City GIS workstations. Houseal Lavigne is also capable of providing advanced planning projects and services such as producing data and maps towards the development of the upcoming Housing Element update.
RECOMMENDED ACTION:
1. Motion to approve the agreement between the City of Taft and Houseal Lavigne Associates, and to authorize the Mayor to execute said agreement.
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): Yes, up to $10,000 for FY 2022/23 from General Fund ATTACHMENT (Y/N): Professional Services Agreement
PREPARED BY: Mark Staples, Director, Planning & Development Services
AGREEMENT
THIS AGREEMENT (the “Agreement”) made this 7th day of February, 2023, by and between the CITY OF TAFT (“City”) and Houseal Lavigne Associates (“Consultant”),
W I T N E S S E T H
WHEREAS, City wishes to hire Consultant to provide on-call Geographic Information Systems (GIS) support of the maintenance of operation critical datasets and maps, which includes, but is not limited to, a review of the City’s current GIS setup and determine any needs for upgrading software, GIS files (i.e. property data), and workstations, create an interactive webbased GIS mapping application that will provide parcel level information including Zoning, General Plan Land Use, and Assessor information, which the mapping application will include search and navigation capabilities with the ability to click on parcels and have a popup display of information, and creation of a land ownership map identifying land not “privately” owned, such as federal land, county owned land, oil and gas company holdings, update Land Use and Zoning Maps with the approved Downtown Taft Specific Plan, produce maps and information to assist in developing Taft’s updated Housing Element, and provide on-call GIS mapping and data management services as directed, as described in Exhibit “A” attached hereto and by this reference made a part hereof (the “Services”) and Consultant is agreeable thereto under the terms and conditions described hereinafter.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
1. the parties incorporate the foregoing recitals as if fully set forth herein verbatim; and
2. City hereby contracts with Consultant to perform the Services and Consultant agrees to provide the Services under the terms and conditions hereinafter described.
3. Consultant shall provide the Services at a cost not to exceed $10,000.00 commencing upon the execution thereof and terminating on June 30, 2023. Consultant’s compensation shall be calculated based on the number of hours expended by the Consultant charged at the rates more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof. City shall pay Consultant based on invoices submitted by Consultant no more often than monthly. The invoices shall contain a description of the Services performed during the period referred to in the invoice and of the employees performing them, and the number of hours expended, provided, however, that no such invoice shall include charges for Services not yet performed. Each invoice shall contain such other information and documentation as City may reasonably require from time to time. City Manager or his designated representative, shall have the right of reasonable review of each invoice and, at the conclusion of the review, City Manager shall place the matter on the agenda for the next available City Council meeting for consideration by the City Council. Upon approval of each such invoice by the City Council, same shall be paid in the regular cycle of payments made by City for other bills and claims.
Houseal Lavigne Associates Professional Services Agreement February 7, 2023 2 a. In addition to the compensation payable to Consultant, City agrees to pay certain costs that may be incurred by Consultant (the “Costs”). These Costs may include hardware, software, peripherals and procured services, provided, however, that no Costs shall be incurred without City’s prior written consent. All Costs billed in any invoice shall be itemized and describe how Costs were incurred and include copies of receipts where applicable. City shall have the right of reasonable review and approval of the Costs.
4. Consultant shall complete the Services of individual Services within the time frames agreed upon by the City and Consultant from time to time during the course of this Agreement.
5. Consultant shall indemnify, defend and hold the City, its officers, Councilmembers, employees, representatives, directors, managers, successors, and agents harmless from and against any and all losses, claims, liabilities, costs and expenses, and damages, including, but not limited to, reasonable out of pocket attorney’s fees and court costs arising out of or resulting from any act or omission by or on behalf of Consultant. Notwithstanding the foregoing, to the extent that City provides Consultant with information, records, or other documents necessary or convenient for Consultant to complete the Services, Consultant may rely on the accuracy and completeness of same (except as otherwise advised by the City in writing) and Consultant shall have no liability for same to the extent that they are incomplete or inaccurate.
6. Without limiting Consultant’s obligations under Paragraph 5 of this Agreement, Consultant shall obtain and maintain during the life of this Agreement:
a. comprehensive liability insurance coverage, including premises – operations, products/completed operations, broad form property damage and blanket contractual liability, in an amount not less than $1 million per occurrence, automobile liability for owned, hired, and non-owned vehicles; and
b. such workers compensation insurance as required by statute.
Consultant shall provide City with appropriate certificates of insurance and endorsements for all of the foregoing in which City, its officers, Councilpersons, employees, and agents are named as additional insureds and specifically designating all such insurance as “primary,” excluding professional liability insurance, and providing further that same shall not be terminated nor coverage reduced without ten (10) days prior written notice to City.
7. Consultant shall not assign its interest herein or any part thereof and any attempted assignment shall be void. All documents, reports, information, data, exhibits, maps, tables, charts, and all other matters generated by Consultant shall be the property of City and shall be delivered to City upon demand without additional costs or expense to City. In the event Consultant needs to access City files in the performance of its Services, Consultant shall first receive authorization from the City Manager to do so.
Houseal Lavigne Associates Professional Services Agreement February 7, 2023 3 8. Either party may terminate this Agreement at any time by giving the other party ten (10) days prior written notice, provided that in such event Consultant shall be entitled to payment for those eservices rendered through the date of termination, provided satisfactory to City.
9. All notices required to be given under this Agreement or by law shall be in writing and shall be deemed received by the party to whom directed if personally served or if faxed, emailed, or when deposited in the United States mail, postage prepaid, first class, faxed or emailed or addressed as follows:
If to City: If to Consultant:
City Manager Houseal Lavigne Associates
209 E. Kern Street Robert Kain
Taft, California, 93268 188 W. Randolph St., Suite 200
Fax – (661) 765-2480 Chicago, IL 60601
[email protected] [email protected]
Any party may change its address or fax number by giving notice to the other party in the manner herein described.
10. Time is of the essence with regard to each covenant, condition and provision of this Agreement.
11. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
12. This Agreement constitutes the entire Agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto.
13. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
14. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorneys’ fees and actual costs.
15. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached with the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.
16. Notwithstanding any provision to the contrary, this Agreement shall not become effective and shall not be binding as to any party until all of the parties have executed this Agreement.
Houseal Lavigne Associates Professional Services Agreement February 7, 2023 4 17. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
18. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and not be affected, impaired, or invalidated thereby.
19. City and Consultant each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.
20. Consultant agrees to take all reasonable measures to protect City’s computer systems from computer viruses including, without limitation, installation and maintenance of the latest versions of anti-virus software. Any computer virus existing as of the date of this Agreement may be removed by Consultant at City’s request and at City’s sole cost and expense.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.
CITY OF TAFT Houseal Lavigne Associates, “Consultant”
____________________________ ________________________________ Dave Noerr, Mayor John Houseal, Principal/Owner
ATTEST:
______________________________
Yvette Mayfield, City Clerk
APPROVED AS TO FORM:
______________________________
Jason Epperson, City Attorney