Agenda — Taft City Council, May 16, 2023

TAFT CITY COUNCIL/SUCCESSOR AGENCY

JOINT REGULAR MEETING AGENDA
TUESDAY, MAY 16, 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 –
• COMMUNITY ACTION MONTH IN KERN COUNTY
• PUBLIC WORKS WEEK

2. CITIZEN REQUESTS/PUBLIC COMMENTS

COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY

THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON MATTERS WITHIN ITS JURISDICTION. STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. COUNCIL MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. PLEASE LIMIT COMMENTS TO FIVE MINUTES.

3. COUNCIL STATEMENTS (NON-ACTION)

4. PLANNING COMMISSION REPORT

5. DEPARTMENT REPORTS

6. CITY MANAGER STATEMENTS

7. CITY ATTORNEY STATEMENTS

8. FUTURE AGENDA REQUESTS
City of Taft Council/Successor Agency Meeting
Agenda
May 16, 2023

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********************************************************************************************************* CONSENT CALENDAR ITEMS 9-17
All items listed on the Consent Calendar shall be considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless a member of the City Council requests specific items to be removed from the Consent Calendar for separate action. Any item removed from the Consent Calendar will be considered after the regular business items. Are there any items on the consent calendar that any member of the public would like to comment on?

9. MINUTES
May 2, 2023
Recommendation – Approve as submitted.

10. PAYMENT OF BILLS
Warrant # 042823 Check No. 97887-97900 $ 272,037.18
Warrant # 042823 Check No. 97901-97917 $ 60,116.82
Warrant # 050523 Check No. 97918-97919 $ 2,195.92
Warrant # 050523 Check No. 97920-97923 $ 40,380.72
Warrant # 051223 Check No. 97924-97935 $ 2,907.35
Warrant # 051223 Check No. 97936-97942 $ 37,151.68
Warrant # 051223 Check No. 97943-97947 $ 21,341.08
Warrant # 051223 Check No. 97948-97960 $ 57,667.18
Warrant # 051223 Check No. 97961-97984 $ 393,150.09
Recommendation – Approve payment of the bills.

11. TITLE VI PLAN UPDATE
Recommendation –

1. Motion to ratify the Cost Proposal with Moore & Associates in the amount of $7,500 and to extend the Professional Services Agreement for the Title VI Plan update for 2023; and

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.

12. APPROVAL OF SPECIAL EVENT PERMIT FOR THE TAFT CHAMBER OF COMMERCE TO HOST THE 15TH ANNUAL RAILS TO TRAILS CAR SHOW ON MAY 20, 2023
Recommendation –

1. Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING SPECIAL EVENT PERMIT NO. 2023-04 AUTHORIZING THE TAFT CHAMBER OF COMMERCE TO HOST THE 15TH ANNUAL RAILS TO TRAILS CAR SHOW ALONG THE TRAIL BETWEEN 4TH AND 10TH STREETS, INCLUDING THE CLOSURE OF SIXTH STREET BETWEEN MAIN STREET AND SUPPLY ROW ON SATURDAY, MAY 20, 2023; and

2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines.

City of Taft Council/Successor Agency Meeting
Agenda
May 16, 2023

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13. ON-CALL PAVEMENT MAINTENANCE CONTRACT EXTENSION
Recommendation –

1. Motion to Authorize the Mayor to sign an agreement with Kern Asphalt Sealing & Paving Co. Inc. for on-call pavement maintenance services as outlined in attached contract; and

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. AGREEMENT WITH CALIFORNIA STATE CONTROLLERS’ OFFICE (SCO) TO PREPARE THE REQUIRED

ANNUAL STREET REPORT
Recommendation –

1. Motion to authorize the Mayor to execute the Professional Services Agreement with California State Controller; and

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.

15. MEASURE A CITIZENS’ OVERSIGHT COMMITTEE FORMATION AND ADOPTION OF GUIDELINES AND DUTIES
Recommendation –

1. Motion to adopt a resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT CALIFORNIA, ESTABLISHING THE MEASURE A CITIZENS’ OVERSIGHT COMMITTEE FORMATION AND SETTING FORTH GUIDELINES AND DUTIES OF THE COMMITTEE; and

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.

16. WASTEWATER TREATMENT PLANT BIOSOLIDS REMOVAL PROJECT 2023 Recommendation –

1. Motion to Authorize the City Manager to Execute a contract with SYNAGRO in the amount not to exceed $315,150 for the biosolids removal project; and

2. The project is exempt from the requirements of the California Environmental Quality Act (CEQA) as set forth in Section 15301 of the CEQA Guidelines (Existing Facilities). The removal of biosolids is a regular maintenance activity of the Taft Wastewater Treatment Facility and involves no expansion of the existing facility.

17. 2023-2024 APPROPRIATIONS LIMIT
Recommendation –

1. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT ESTABLISHING APPROPRIATIONS LIMIT FOR 2023-2024; and

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
May 16, 2023

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*********************************************************************************************************

CLOSED SESSION
A. 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 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 May 11, 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 May 11, 2023, at Taft, California.

Signature _________

PROCLAMATION

DECLARING
MAY 2023

COMMUNITY ACTION MONTH IN KERN COUNTY
Whereas, Community Action Partnership of Kern (CAPK) was established in 1965 and has made essential contributions to individuals and families across Kern County by creating economic opportunities and strengthening communities; and Whereas, CAPK addresses the underlying causes of poverty, alleviates the effects, and promotes dignity and self-sufficiency in the communities we serve; and Whereas, they have delivered over 19.1 million pounds of food across Kern County through the CAPK Food Bank; and
Whereas, CAPK operates the Head Start location in Taft tending to the children within the community and providing a head start to their education.

NOW THEREFORE, the City Council of the City of Taft, does hereby proclaim the month of May, 2023, as Community Action Month in Kern County.

Dated this 16th day of May 2023.
_________________________ Dave Noerr, Mayor
___________________________ ___________________________ Orchel Krier, Mayor Pro Tem Josh Bryant, Council Member ______________________________ _______________________________ Ron Waldrop, Council Member Carlos Chavira, Council Member

PROCLAMATION
declaring
MAY 21 – 27, 2023
“PUBLIC WORKS WEEK”
WHEREAS, public works services provided in our community are a vital and integral part of our citizens’ everyday lives; and
WHEREAS, the support of the community is vital to the efficient operation of public works systems and programs such as building maintenance, streets, fleet maintenance, sewer line maintenance and construction, as well as wastewater treatment; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials.

NOW, THEREFORE, BE IT PROCLAIMED by the City Council of the City of Taft, that we recognize and extend appreciation to our dedicated and skilled staff and hereby proclaim the week of May 21-27, 2023 as Public Works Week in the City of Taft.

AND, BE IT FURTHER PROCLAIMED that the City Council of the City of Taft requests that all citizens and civic organizations acquaint themselves with the issues involved in providing public works services to our community and to recognize the contributions which our public works employees make every day to the health, safety, comfort and quality of life that the citizens of Taft enjoy.

Dated this 16th day of May 2023.
_________________________ Dave Noerr, Mayor
___________________________ ___________________________ Orchel Krier, Mayor Pro Tem Josh Bryant, Council Member ______________________________ ________________________________ Ron Waldrop, Council Member Carlos Chavira, Council Member

TAFT CITY COUNCIL/SUCCESSOR AGENCY

MINUTES
MAY 2, 2023
__________________________________________________________________________________________________________________ The May 2, 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 Pro Tem Orchel Krier at 6:00 PM. The Pledge of Allegiance was led by Council Member Chavira and invocation given by Greg Mudge.

PRESENT: Mayor Pro Tem Orchel Krier
Council Members Josh Bryant, Carlos Chavira and Ronald Waldrop City Manager Craig Jones and City Clerk Yvette Mayfield ABSENT: Mayor Dave Noerr

1. PROCLAMATIONS –
• 54TH ANNIVERSARY OF MUNICIPAL CLERKS WEEK
• PEACE OFFICERS MEMORIAL DAY AND POLICE WEEK
• BUILDING SAFETY MONTH

2. CITIZEN REQUESTS/PUBLIC COMMENTS
Dr. Kathy Orrin, Executive Director of the Taft Chamber of Commerce, shared about the State of the City held in April and about upcoming events.

Rene Adamo from the West Side Recreation and Parks District spoke about the upcoming Derby at the Fox.

Tony Renteria of Bike Bakersfield talked about May being Bike Month and shared about some upcoming events in Taft.

3. COUNCIL STATEMENTS (NON-ACTION)
Council Member Waldrop shared about a former Taft resident who has recently wrote a book and will be coming to Taft in the future for a book signing.

Council Member Bryant reported on the Kern Economic Development Corporation Board meeting that was hosted by Taft and the Valley Wide Special City Selection Committee meeting he attended.

Council Member Chavira spoke about the importance of being informed Americans and shared three quotes.

Mayor Pro Tem Krier talked about the many things going on locally and gave a shout out to the Taft Petroleum Club.

4. PLANNING COMMISSION REPORT
Planning Commissioner, Jerry Livingston, reported that the Planning Commission is continuing to review the Housing Element update to the General Plan.

City of Taft Council/Successor Agency Meeting
Minutes
May 2, 2023

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5. DEPARTMENT REPORTS
Police Chief, Damon McMinn, shared police department statistics for the month of April.

6. CITY MANAGER STATEMENTS
There was none.

7. CITY ATTORNEY STATEMENTS
There was none.

8. FUTURE AGENDA REQUESTS
There was none.
********************************************************************************************* CONSENT CALENDAR ITEMS 9-16
 Krier remove Item 11
Motion: Moved by Bryant, seconded by Waldrop to approve consent calendar items 9,10 & 12-16.

AYES: Krier, Bryant, Chavira, Waldrop
PASSED: 4-0

9. MINUTES
April 18, 2023
Recommendation – Approve as submitted.

10. PAYMENT OF BILLS
Warrant # 042823 Check No. 97843-97851 $ 13,983.42
Warrant # 042823 Check No. 97869-97886 $ 183,859.22
Recommendation – Approve payment of the bills.

12. APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT NEW

ALTERNATIVE FUEL VEHICLE PURCHASE GRANT PROGRAM
Recommendation –

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

CITY OF TAFT APPROVING AND AUTHORIZING AN APPLICATION TO THE SAN

JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT PUBLIC BENEFIT GRANTS

PROGRAM UNDER THE NEW ALTERNATIVE FUEL VEHICLE PURCHASE PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS and City of Taft Council/Successor Agency Meeting
Minutes
May 2, 2023

Page 3 of 4 ends

authorize the sale of the four (4) previously purchased plug in vehicles. (Resolution No. 4182-23)

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.

13. STREET CLOSURES FOR THE 2023 CHAMBER OF COMMERCE CAR SHOW Recommendation –

1. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE STREET CLOSURES FOR THE 2023 CHAMBER OF COMMERCE CAR SHOW (Resolution No. 4183-23); and

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. ACCEPT NOTICE OF RESIGNATION TO THE WEST SIDE MOSQUITO AND VECTOR

CONTROL DISTRICT BOARD
Recommendation –

1. Motion to accept notice of resignation from Roy House and instruct the City Clerk’s office to recruit for the unscheduled vacancy.

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.

15. APPROVAL OF CHANGE ORDER TO THE 2023 POLICE DEPARTMENT INTERIOR

IMPROVEMENT PROJECT FOR CARPET REPLACEMENT IN THE ADJACENT MCCF ENTRY,

ADMINISTRATION AND LOBBY AREAS
Recommendation –

1. Motion to approve the change orders to the 2023 Taft Police Department Interior Improvement Project totaling $56,312.50.

2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) and Section 15378 of the CEQA Guidelines.

16. APPROVAL AND ADOPTION OF THE CITY’S SEWER SYSTEM MANAGEMENT PLAN (SSMP) AND THE CITY’S SANITARY SEWER SPILL EMERGENCY RESPONSE PLAN Recommendation –

1. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING AND ADOPTING CITY’S SEWER SYSTEM MANAGEMENT PLAN (SSMP) AND THE CITY’S SANITARY SEWER SPILL EMERGENCY RESPONSE PLAN (Resolution No. 4184-23); and.

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
Minutes
May 2, 2023

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11. REVIEW AND ADOPTION OF A REWARD POLICY FOR CITY OF TAFT Motion: Moved by Bryant, seconded by Waldrop to:

1. Adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF TAFT APPROVING THE ISSUANCE OF A FIVE
THOUSAND DOLLAR ($5,000) REWARD FOR INFORMATION

LEADING TO THE ARREST AND CONVICTION OF ANYONE

CONVICTED OF ARSON AND/OR ANY CRIME AGAINST LOCAL

PROPERTIES THAT JEOPARDIZES PUBLIC SAFETY AND ENDANGERS LIVES (Resolution No. 4181-23); and

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.

AYES: Krier, Bryant, Chavira, Waldrop
PASSED: 4-0
Krier said that he thought it was great that Bryant brought this item forward, and asked if there would be any increments of the $5,000 or lesser amounts offered. City Manager Jones said that there was no incremental breakdown, offered a little more clarification to the process and shared that it is just another tool to assist the police and fire departments in their investigations.

Bryant shared that he requested the item as he doesn’t believe that the City can sit idly by without taking some action to assist and sees this reward as an investment and a win/win for everyone if solid information is received and prosecution is made.

CLOSED SESSION
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Taft Union High School vs. City of Taft  Closed session was cancelled
ADJOURNMENT - With no further business to conduct the meeting was adjourned at 7:18 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

TITLE VI PLAN UPDATE
SUMMARY STATEMENT:

The Federal Transit Administration has developed a comprehensive series of requirements all FTA funding recipients must follow to ensure full compliance with Title VI. Title VI of the Civil Rights Act of 1964 is applied in a manner so as to ensure environmental justice for minority and low-income communities. Per the guidance in FTA Circular C 4702.1B, all FTA transit funding recipients must submit several elements as part of their Title VI program which includes notice to the public, complaint procedures and complaint forms, along with language assistance plan. The plan is required to be updated every three years, so the City can remain eligible to apply for FTA Section 5311 grant funding.

Moore & Associates developed the City’s plan in June, 2017. The plan was updated in June 2020 and now is required to be updated and submitted to Caltrans by August 2023. Currently the City of Taft has a Professional Service Agreement with Moore & Associates and a cost proposal in the amount of $7,500 for the 2023 update the proposal is attached from Moore & Associates. The completed plan will be presented to the city council on June 20, 2023.

RECOMMENDED ACTION

1. Motion to ratify the Cost Proposal with Moore & Associates in the amount of $7,500 and to extend the Professional Services Agreement for the Title VI Plan update for 2023; and

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, Increase to Transit Budget ATTACHMENT (Y/N): Yes – Cost Proposal submitted by Moore & Associates, Inc.

PREPARED BY: Teresa Binkley, Finance Director
April 28, 2023
Ms. Teresa Binkley
Finance Director
City of Taft
209 E Kern Street
Taft, CA 93268
Re: City of Taft Title VI Plan Update
Dear Teresa,
Thank you for the opportunity to submit our firm’s proposal to prepare the captioned document.

As noted in our prior exchanges, the draft 2023 Title VI Plan would be subject to a two-week public review period, to be coordinated by the City. To accomplish this, we recommend a printed copy of the draft Plan be available for public review at city hall during normal business hours. Further, we recommend an appropriate bilingual announcement be included on the City’s website homepage; and bilingual announcements be placed onboard all City transit vehicles.

Moore & Associates would provide the City with appropriate wording as well as artwork.

Following the public review period, the draft Plan (along with any public comments) would need to be adopted by the Taft city council via resolution no later than June 20, 2023. Subsequent to city council action, Moore & associates would assist staff with submission of the final 2023 Title VI Plan to the KernCOG and stats of California.

Preparation of the 2023 Plan will require various transit rider, community stakeholder, and City staff surveying. Moore & Associates would be responsible for design, translation, and production of said surveys. City staff would be responsible for the distribution of the bilingual survey to all persons riding the service within the stipulated survey period.

If selected for this assignment we expect to submit a draft Plan for City staff review on or about May 31, 2023.

Our professional fee to complete this project within the slated time period is seventy-five hundred dollars ($7,500.00).

We look forward to the opportunity of again working with you and your colleagues on this important project.

Should you have any questions regarding our proposal please contact me at [email protected] or 661.755.8845.

Sincerely,
Jim Moore
REVIEWED BY:

CITY CLERK: FINANCE DIRECTOR: CITY MANAGER:

City of Taft Agenda Report
DATE: May 16, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

APPROVAL OF SPECIAL EVENT PERMIT FOR THE TAFT CHAMBER OF COMMERCE TO HOST THE 15TH ANNUAL RAILS TO TRAILS CAR SHOW ON MAY 20, 2023
SUMMARY STATEMENT:

Staff received a Special Event Permit application and letter from Chelsi Perry with the Taft Chamber of Commerce, requesting to host their 15th Rails to Trails Car Show on Saturday, May 20, 2023, along the trail between 4th and 10th Streets. On May 2, 2023, the City Council approved the Encroachment Permit to close 6th Street between Main Street and Supply Row. Set up of the event will begin at 7:00 AM with the car show event beginning at 9:00 AM and concluding at 3:00 PM, with streets reopening and clean-up completed by 4:00 PM.

The event will include vendors selling merchandise, food and drinks, a live band at the Rails to Trails stage, and beer garden. Kathy Orrin and Chelsi Perry with the Chamber of Commerce have met with the Project Assistance Team who have reviewed the plan and addressed all logistical and safety concerns. The Chamber is requesting the Special Event fees be waived consistent with the Memorandum Of Understanding with the City.

Conditions of approval:

1. $2,000,000 liability insurance naming City of Taft as additional insured

2. Trash receptacles

3. Portable chemical toilets

4. Business Licenses for all Chamber approved vendors
RECOMMENDED ACTION:

2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines.

FUNDING SOURCE: N/A
ATTACHMENT (Y/N): Resolution, Chamber of Commerce Letter, Special Event Permit Application, and Site Plan
PREPARED BY: Mark Staples, Director, Planning & Community Development RESOLUTION NO. 4185-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
APPROVING SPECIAL EVENT PERMIT NO. 2023-04 AUTHORIZING
THE TAFT CHAMBER OF COMMERCE TO HOST THE 15TH

ANNUAL RAILS TO TRAILS CAR SHOW ALONG THE TRAIL
BETWEEN 4TH AND 10TH STREETS, INCLUDING THE CLOSURE OF

SIXTH STREET BETWEEN MAIN STREET AND SUPPLY ROW ON
SATURDAY, MAY 20, 2023
WHEREAS, the Taft Chamber of Commerce has submitted a Special Event Permit application, requesting to hold the 15th Annual Rails to Trails Car Show on City property along the trail between 4th and 10th Streets, including live music on the Rails to Trails Stage, on Saturday, May 20, 2023, from 9:00 AM to 3:00 PM; and
WHEREAS, on May 2, 2023, the City Council approved an Encroachment Permit for the closure of 6th Street between Main Street and Supply Row, on Saturday, May 20, 2023, from 7:00 AM to 4:00PM; and
WHEREAS, the Taft Chamber of Commerce requests that all Special Event fess shall be waived consistent with the MOU, dated December 18, 2012, between the City of Taft and the Taft District Chamber of Commerce; and
WHEREAS, The Chamber of Commerce shall be responsible for providing sufficient trash receptacles and portable chemical toilets, and shall clean up all trash and debris at the conclusion of the event; and ensuring all vendors hold business licenses with the City of Taft.

NOW, THEREFORE, BE IT RESOLVED, the Mayor and City Council of the City of Taft, California, approve the special event as follows:

SECTION 1. The City Council hereby makes the following Special Event findings:

1. The operation of the requested special event at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;

2. The proposed site is adequate in size and shape to accommodate the special event without being materially detrimental to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;

3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the special event will or could reasonably be expected to generate; and

4. Adequate temporary parking to accommodate vehicular traffic to be generated by the special event will be available either on site or at alternate locations acceptable to the planning and community development department.

Resolution No. 4185-23

Page 2 of 2 ends

SECTION 2. The City Council hereby approves Special Event No. 2023-04 with the conditions of approval set forth in this resolution as follows:

1. The Special Event is approved for the following times:

Set-up: May 20, 2023 at 7:00 AM
Event time: May 20, 2023 from 9:00 AM to 3:00 PM
Breakdown of event: May 20, 2023 by 4:00 PM

2. The applicant shall provide sufficient evidence of $2,000,000 liability insurance naming City of Taft as additional insured.

3. The applicant shall provide sufficient trash receptacles in the event area and shall remove all trash from the area at the conclusion of the special event.

4. The applicant shall provide sufficient portable chemical toilets in the event area.

5. All vendors of the special event shall have a business license with the City of Taft. No vendor shall be issued a business license without being an applicant authorized vendor.

PASSED, APPROVED, AND ADOPTED this 16th day of May, 2023 ________________________________
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 16th day of May, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
__________________________________
Yvette Mayfield, MMC
City Clerk

4th St.

EAST
NORTH
SOUTH
WEST
Main St.

Supply Row
————— Bike Path —————
Taft Oilworkers
Monument
Registration
Booth
—> Cars —> —>
Stage
<— Cars
Bikes—> Cars —>
DJ
BOOTH
Pathway
Sidewalk
VENDOR

PARKING ONLY
(BEHIND NAPA)
2 Semper Fries/Snowie Shaved Ice 1 ———
6th Street——— ——
6th Street——-

BEST WESTERN
HOTEL
Taft Chamber
Taft Chamber
<— Cars
If you have any questions or to help locate your space on Saturday morning, please call Chelsi Vendor spaces will be marked in orange paint on the grass along the bike path.

May 20, 2023 Schedule of Events
7am-9am: Car Show Registration/Vendor Set Up (by 9am)
10am-12pm: Judging
2pm: Award Winners Announced on the Stage
You may begin setup on Saturday morning at 7am. You can park your car close to your spot to unload, but MUST move to the dirt lot or parking off Supply Row or off Main Street.
(MAP IS NOT DRAWN TO SCALE!)
Taft FFA 4
Taft Car, Truck, and Bike Show
Saturday, May 20, 2023
Rails to Trails—Taft, CA
10th St.

Restrooms
BW
BY

BEER GARDEN
G’s Texas BBQ

VENDOR VENDOR

VENDOR VENDOR
3 Poppi’s Pastrami

CARNIVAL
CARS
CARS

CARSCARS
CARS
CARS
CARS
CARS
CARS
CARS
CARS
ROAD
CLOSED

ROAD CLOSED
Between Main
& Supply Row

TRASH CANS

TRASH CANS
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: May 16, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

ON-CALL PAVEMENT MAINTENANCE CONTRACT EXTENSION
SUMMARY STATEMENT:

The City of Taft currently contracts with Kern Asphalt Paving & Sealing Co., Inc. for on-call pavement maintenance services related to labor and equipment relating to routine pavement maintenance.

Staff recommends a 2-year extension of this agreement extending it to June 30, 2025.

RECOMMENDED ACTION:

1. Motion to Authorize the Mayor to sign an agreement with Kern Asphalt Sealing & Paving Co. Inc. for on-call pavement maintenance services as outlined in attached contract.

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, Agreement
PREPARED BY: Public Works Department

CITY OF TAFT

PUBLIC WORKS CONTRACT
THIS CONTRACT, made this day of May 16th, 2023, by and between the City of Taft, a political subdivision of the State of California, hereinafter referred to as "City" and Kern Asphalt Paving & Sealing Co., Inc. hereinafter referred to as "Contractor".

This contract is for the following project:
“Taft On-Call Paving Services”
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is hereby agreed as follows:

TERMS & CONDITIONS

1. SCOPE OF WORK:

The work to be performed includes but is not limited to provisions of all equipment, and labor necessary for work to be performed described in the request for “On-Call Paving Services” related to asphalt maintenance.

2. CONTRACT TIME:

This contract extends the original agreement dated April 18, 2017 to June 30, 2025. The Work to be performed under this contract shall be commenced on the date specified by the City and mutually accepted by the contractor.

3. CONTRACT PRICE:

City shall pay Contractor for the full and complete performance of this Contract according to rate sheet submitted by the contractor.

4. PAYMENTS:

Payment shall be made to the Contractor within 60 days of approved submitted invoice to City.

The Contract Price includes allowance for all Federal, State and local taxes and payment of the prevailing wages required by applicable law and/or the General Conditions.

5. AMENDMENT:

This Contract may only be amended by a written amendment which shall require the formal approval of the City Council of the City of Taft. No City officer, agent or representative shall have the authority to amend this Contract.

6. DELAY:

The Contractor specifically acknowledges and agrees that a time extension is its sole remedy for delays caused by the City and agrees to make no claim for additional damages for such delay.

7. NOTICES:

Any notice, demand, request, consent, approval or communication that any party desires or is required to give any other party shall be in writing and either served personally or sent by pre-paid first-class mail. Any such writing shall be addressed as follows:

PROJECT MANAGER
Craig Jones
City of Taft
Public Works Director

PROJECT CONTRACTOR
Kern Asphalt Paving & Sealing Co., Inc.
2000 Norris Road
Bakersfield, CA 93308
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written.

CITY OF TAFT
By___________________________
Dave Noerr
Mayor
ATTEST:
_____________________________
Yvette Mayfield, MMC
City Clerk
KERN ASPHALT PAVING & SEALING CO.,
INC.

By___________________________
Print Name:
(CORPORATE SEAL)

CORPORATE CERTIFICATE
I, ______________________ , certify that I am the Secretary of the Corporation named as CONTRACTOR in the foregoing Contract; that ____________________ , who signed said Contract on behalf of said Corporation is authorized to fully bind the corporation to this Agreement; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. ______________________________
(Secretary)
(CORPORATE SEAL)

GENERAL CONDITIONS

1. CHANGES IN THE WORK:

City may order additions, deletions or revisions in the work which shall be authorized by written change order. Circumstances may occur where Contractor may need to apply for a change in the contract. Such changes must be applied for in writing in advance by Contractor and approved prior to doing of the additional work. Changes in contract price due to change orders shall be established either by (1) unit prices (where bidding was done by unit price), (2) based on the actual cost of the work (including but not limited to all labor and materials) plus an amount not to exceed 15 percent (15%) for overhead and profit together, or (3) by mutual acceptance of a lump sum.

2. CONTRACTOR LIABILITY AND INSURANCE:

Contractor shall be liable for all damages and injury which shall be caused to City or any other property on or in the vicinity of the work or which shall occur to any person or persons or property whatsoever arising out of the performance of this contract. Contractor shall purchase and maintain such commercial general liability and other insurance as is appropriate and/or as may be required in the special conditions, for the work being performed and furnished and which will provide complete protection to City. Said policies shall be payable on a "per occurrence" basis unless City specifically consents to a "claims made" basis. At a minimum Contractor shall provide and maintain a policy of commercial general liability insurance in a combined single limit of two million dollars ($2,000,000.00) and Worker's Compensation Insurance.

Where the services to be provided under this contract involve or require the use of any type of vehicle by Contractor in order to perform said services, Contractor shall also provide comprehensive business or commercial automobile liability coverage including non-owned and hired automobile liability in the amount of one million dollars ($1,000,000.00).

City shall be a named insured and a certificate of insurance and endorsements shall be provided by Contractor prior to commencement of work. Contractor shall also purchase and maintain property insurance upon the work or equipment and supplies stored at the site, if any, to the full insurable value thereof. All policies of insurance shall contain a provision that the coverage will not be canceled, materially changed, or renewal refused until at least thirty (30) days prior written notice has been given to City. If a loss occurs, the above insurance shall be primary.

3. RISK OF LOSS:

Liability for loss or damage to equipment, materials, work completed or services occurring on or off the site shall be the responsibility of Contractor. Liability for completed work shall not be assumed by City until both the work has been completed and City has accepted the work as complete.

4. MATERIALS AND EQUIPMENT:

All material and equipment shall be of good quality and new unless the contract provides otherwise. Whenever materials or equipment are specified or described in the contract documents by using the name of a proprietary item or a particular supplier, it is intended to establish the type, function and quality required. Any substitutions must be expressly consented to by City in advance of installation or use.

Where applicable, Contractor shall deliver all manufacturers’ operating and maintenance instructions to City prior to receipt of final payment.

5. WARRANTY AND CORRECTION PERIOD:

If within one year after the date of completion and City's acceptance of the work or such longer period of time as may be prescribed by law or regulations or by the terms of any applicable special guarantee required by the contract documents any work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instruction, either correct such defective work, or, if it has been rejected by City, remove it from the site and replace it with non-defective work. If Contractor is unable to promptly and properly correct any defective work, City may at its option have the work corrected by such other means as City deems appropriate and hold Contractor liable for all direct, indirect and consequential costs caused by such defective work.

Said warranty shall apply to all work found to be "defective" which is attributable to the quality or quantity of the materials used, the quality of the workmanship or for lack of proper performance under the contract. The warranty obligation shall not limit the City's right to otherwise seek damages in the event of any failure by Contractor to properly perform under this Agreement.

6. PERMITS AND TAXES:

Unless otherwise provided in the special contract provisions, City shall obtain and pay for all construction permits, licenses or other permits necessary to complete the work and shall be liable for all governmental charges, inspection fees, utility connection charges, sales, consumer, use and other taxes.

7. INDEMNIFICATION:

Contractor shall fully indemnify, hold harmless and defend City and its consultants, agents, officers and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential arising out of or resulting from the negligent performance of the work herein or willful misconduct by Contractor.

8. SUSPENSION OF WORK:

City may, at any time and without cause, suspend the work or any portion thereof for a reasonable period of time by notice in writing to Contractor.

9. TERMINATION:

Except as limited by law or regulation, City may terminate this contract upon the occurrence of any one or more of the following events.

A. If Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; B. If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency;
C. If Contractor makes a general assignment of its obligations and/or compensation under this Agreement;
D. If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; E. If Contractor admits in writing an inability to pay its debts generally as they become due;
F. If Contractor persistently fails to perform the work in accordance with the contract documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the time schedule); G. If Contractor disregards ordinances, laws or regulations of any public body having jurisdiction;
H. If Contractor disregards the authority of City's supervisory staff, and, in particular, the Contract Administrator;
I. If Contractor otherwise violates in any substantial way any provisions of the contract documents.

City may, after giving Contractor seven days' written notice, terminate the services of Contractor, exclude Contractor from the site and take possession of the work, incorporate in the work all materials and equipment stored at the site or for which City has paid Contractor but which are stored elsewhere, and finish the work as City may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct, indirect and consequential costs of completing the work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs) such excess will be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to City. When exercising any rights or remedies under this paragraph, City shall not be required to obtain the lowest price for the work performed. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue.

Any retention or payment of moneys due Contractor by City will not release Contractor from liability.

Upon seven days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy, elect to abandon the work and terminate the Contract. In such case, Contractor shall be paid for all work executed and any actual expense sustained.

10. SUPERVISION AND CLAIMS DETERMINATIONS:

10.1 CONTRACT ADMINISTRATOR
City may appoint staff or hire professional services for supervision and administration, at its election. Said person is hereinafter referred to as "Contract Administrator". Upon the appointment of any such Contract Administrator the City shall promptly notify Contract of such action. The Contract Administrator is delegated authority to determine the amount, quality, acceptability and fitness of the work, materials and equipment to be paid for under this contract, to decide for City all questions relative to contract interpretation, to reject or condemn all work or material which does not conform to the terms of this contract and to review and make a final determination on all claims submitted to City. In the absence of an appointment of a Contract Administrator, the City Director of Public Works shall perform these functions.

10.2 WRITTEN CLARIFICATION
If there is an ambiguity in the contract documents, Contractor shall request an interpretation from the Contract Administrator. Contractor Administrator shall issue a written clarification or interpretation. If Contractor believes that a written clarification or interpretation justifies an increase in the contract price or an extension of the contract time and the parties are unable to agree on the amount or extent thereof, Contractor may make a claim therefore.

10.3 CHANGE ORDER
The Contract Administrator may authorize or require variations in the work from the requirements of the contract documents so long as it is in writing. Contractor shall perform the work involved promptly. If Contractor believes that such a change order justifies an increase in the contract price or an extension of the contract time and the City and Contractor are unable to agree as to the amount or extent thereof, Contractor may make a claim therefore.

10.4 UNIT PRICING
If the contract was based on unit pricing, the Contract Administrator will determine the actual quantities and classifications of unit price work. The Contract Administrator's written decisions thereon will be final and binding upon Contractor unless Contractor delivers to Contract Administrator written notice that Contractor disputes said decision and the reasons therefore as required below.

10.5 CLAIM PROCEDURE
For purposes of this paragraph, "claim" shall be defined as set forth in Public Contracts Code Section 20104(b)(2). Claims shall be presented in writing and include the documents necessary to substantiate the claim. Claims must be filed with the Contract Administrator no later than thirty (30) days after the occurrence of the event giving rise thereto or denial of the change order, whichever occurs last. The form of said claims shall be the same as is required by Government Code Sections 910 and 910.2.

10.6 CLAIMS UNDER $50,000
If the claim is under $50,000, City shall respond in writing to Contractor within forty-five (45) days of receipt of Contractor's claim or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to Public Contracts Code Section 20104.2, upon mutual agreement of the City and the Contractor.

The City's written response to the claim, as further documented, shall be submitted to the Contractor within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.

10.7 CLAIMS OVER $50,000
For claims over $50,000 and less than or equal to $375,000, City shall respond in writing to all written claims within sixty (60) days of receipt of the claim, or may request, in writing within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against Contractor.

If additional information is thereafter required, it shall be requested and provided pursuant to Public Contracts Code Section 20104.2, upon mutual agreement of City and Contractor.

The City's written response to the claim, as further documented, shall be submitted to Contractor within thirty (30) days after receipt of the further documentation, or within a period of time no greater than that taken by Contractor in producing the additional information or requested documentation, whichever is greater.

10.8 MEET AND CONFER
If Contractor disputes City's written response, or City fails to respond within the time prescribed above, Contractor may so notify City, in writing, either within 15 days of receipt of City's response or within fifteen (15) days of City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer with such City representatives as the City Council of the City of Taft directs for settlement of the issues in dispute. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute.

10.9 APPEALS TO CITY COUNCIL
If following the meet and confer conference the claim or any portion remains in dispute, if Contractor desires to pursue Contractor's claim/demand for further compensation, Contractor shall be required to file a claim with the City Council of the City of Taft pursuant to procedures set out in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. All claims filed with the City Council of the City of Taft pursuant to the Government Code shall be filed within ninety (90) days of the denial of the original claim by the City representative. The running of the period of time within which a claim under the Government Code must be filed shall be tolled by any period of time utilized by the meet and confer conference. Any lawsuit which Contractor intends to bring with respect to any claim filed pursuant to the Government Code which claim has been denied by City must be commenced not later than six months after the recording of the notice of completion or not later than six months after the date final payment is deposited in the mail or personally delivered, whichever date comes first.

10.10 DOCUMENTATION
For every claim that Contractor makes, it shall provide the following documentation upon request of City as a condition precedent to consideration of the claim: Contractor's bidding calculations forms, cost estimates, time sheets, trend reports, job cost analysis records, labor records, as-built documents, any other records used by Contractor in arriving at its bid price, and any other documents or records kept by Contractor during the course of construction. In the event that claims are made, Contractor agrees that City shall have the right to conduct a complete audit of the books and records of Contractor relating to this project and any books and records relating to overhead, profit or general office expenses charged to this project.

10.11 CONTRACT ADMINISTRATOR NOT RESPONSIBLE
Notwithstanding the above, Contract Administrator shall not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto and will not be responsible for Contractor's failure to perform or furnish the work in accordance with the contract documents. Contract Administrator shall also not be responsible for the acts or omissions of Contractor or of any subcontractor, any supplier, or any other person or organization performing or furnishing any of the work.

11. PAYMENTS:

11.1 SCHEDULE OF VALUES
The schedule of values established for the work will serve as the basis for progress payments and will be incorporated into a form of application for payment acceptable to City.

Progress payments on account of unit price work will be based on the number of units completed.

11.2 PROGRESS PAYMENT
Once each month City shall cause an estimate to be made covering the work completed as of the date of the estimate. No materials shall be paid for until incorporated into the work. The amount of retention with respect to progress payments will be ten percent (10%).

11.3 AMOUNTS OF PROGRESS PAYMENTS
Prior to completion, progress payments will be in an amount equal to:

11.3.1 NINETY PERCENT (90%) OF COMPLETED WORK. Ninety percent (90%) of the work completed, and

11.3.2 NINETY PERCENT (90%) OF STORED MATERIALS. Where applicable pursuant to the above, ninety percent (90%) of materials and equipment not incorporated in the work but delivered and suitably stored, less in each case the aggregate of payments previously made.

11.3.3 CONTRACT BALANCE. Thirty (30) days after recordation of a notice of completion by the City, City will pay an amount sufficient to increase total payments to Contractor to one hundred percent (100%) of the contract price, less such amounts as City shall determine in accordance with this contract. City reserves the right to retain such funds as it shall determine in accordance with the contract documents to complete the work.

11.3.4 ESCROWED SECURITY ALTERNATION. The Contractor may elect to receive one hundred percent 100% of payments due under this contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with City in accordance with the provisions of Section 4590 of the California Government Code. Securities eligible for investment shall include those listed in Section 16430 of the California Government Code, or bank or savings and loan certificates of deposits. Such securities, if deposited by the bidder, shall be valued by City whose decision on the valuation of the securities shall be final. The bidder shall be the beneficial owner of any securities substituted for money withheld and shall receive any interest thereon. Said deposited funds shall be covered by an escrow agreement in a form approved by the City.

11.4 CONTRACTOR'S WARRANTY OF TITLE
Contractor warrants and guarantees that title to all work, materials and equipment covered by any application for payment, whether incorporated in the project or not, will pass to City no later than the time of payment free and clear of all liens.

11.5 PAYMENT OF PROGRESS PAYMENT
City will submit each progress pay estimate to Contractor. Upon receipt back from Contractor of a signed copy of the pay estimate, City shall process the pay estimate for payment. The amount approved by City will become due thirty (30) days after receipt of the signed progress pay estimate.

Said payment shall be made by City to Contractor unless City has knowledge of claims or liens filed in connection with the work.

11.6 CITY'S RECOMMENDATION OF PAYMENT
By recommending any payment, Contractor cannot conclude that City represents that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the work in the contract documents or that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or City to withhold payment to Contractor.

11.7 CITY MAY REFUSE TO MAKE PAYMENT
City may refuse to make payment of the full amount or any part if, in City's opinion, it would be incorrect to make such payment. City may also refuse to make any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in City's opinion to protect City from loss because:

11.7.1 DEFECTIVE WORK. The work is defective, or completed work has been damaged requiring correction or replacement,

11.7.2 REDUCTION IN PRICE. The contract price has been reduced by written amendment or change order,

11.7.3 REQUIRED CORRECTIONS. Contractor has been required to correct defective work or complete work, or

11.7.4 SUSPENSION OR TERMINATION. Of City's actual knowledge of the occurrence of any of the events enumerated in paragraphs relating to suspension of work and termination.

11.7.5 LIENS OR CLAIMS. City may refuse to make payment of the full amount because claims have been made against City on account of Contractor's performance or furnishing of the work or liens have been filed in connection with the work or there are other items entitling City to a set-off against the amount recommended, but City must give Contractor immediate written notice stating the reasons for such action.

11.8 COMPLETION AND FINAL INSPECTION
When Contractor considers the entire work ready for its intended use, Contractor shall notify City in writing that the entire work is completed. Within a reasonable time thereafter, City and Contractor shall make an inspection of the work to determine the status of completion. If City does not consider the work complete, City will notify Contractor in writing giving the reasons therefor. If City considers the work incomplete, City will prepare and deliver a list of items to be completed or corrected before final payment. Contractor shall immediately take such measures as are necessary to complete or correct the listed items.

11.9 ACCEPTANCE AND FINAL APPLICATION FOR PAYMENT
After Contractor has completed all such measures to remedy deficiencies to the satisfaction of City and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents, property owner's releases and other documents, all as required by the contract documents, and after City has indicated that the work is acceptable, Contractor may make application for final payment. The final application for payment shall be accompanied by all documentation called for in the contract documents, together with complete and legally effective releases or waivers (satisfactory to City) of all liens and stop notices arising out of or filed in connection with the work. In lieu thereof and as approved by City, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the work for which City or City's property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor or supplier fails to furnish are lease or receipt in full, Contractor may furnish a bond or other collateral satisfactory to City to indemnify City against any lien.

11.10 FINAL PAYMENT
If, on the basis of City's review of the final application for payment and accompanying documentation, all as required by the contract documents, City is satisfied that Contractor's obligations under the contract documents have been fulfilled, City will, within ten days after receipt of the final application for payment, process the application for payment. Otherwise, City will return the application to Contractor, indicating in writing the reasons for refusing to make final payment, in which case Contractor shall make the necessary corrections and resubmit the application. Thirty (30) days after presentation to City of the application and accompanying documentation, in appropriate form and substance, or thirty (30) days after recording of a Notice of Completion, whichever date is later, the amount will become due and will be paid by City to Contractor.

11.11 CONTRACTOR'S CONTINUING OBLIGATION
Contractor's obligation to perform and complete the work in accordance with the contract documents shall be absolute. Neither the issuance of a certificate of substantial completion, nor any payment by City to Contractor under the contract documents, nor any use or occupancy of the work or any part thereof by City, nor any act of acceptance by City nor any failure to do so, nor any review and approval of a shop drawing or sample submission, nor the issuance of a notice of acceptability, nor any correction of defective work by City will constitute an acceptance of work not in accordance with the contract documents or a release of Contractor's obligation to perform the work in accordance with the contract documents.

12. ARBITRATION:

For claims under $375,000, City shall have the option of electing arbitration pursuant to Public Contracts Code Sections 10240, et seq. If City does not so elect, the provisions of Public Contracts Code Section 20104 shall apply. For claims which are above $375,000, the arbitration provisions of this contract are voluntary. Neither City nor Contractor shall be required to enter into arbitration for amounts above $375,000.

Written consent of both parties to arbitrate such claims shall be a prerequisite to such arbitration. If the parties agree to arbitrate claims above $375,000, the provisions of Public Contracts Code Sections 10240, et seq. shall be utilized.

13. WORKER'S COMPENSATION CERTIFICATION:

Contractor hereby certifies that Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract.

14. PREVAILING WAGE RATES:

In accordance with the provisions of Section 1770 and 1773 of the Labor Code, the City of Taft has determined the general prevailing rate of wages applicable to the work to be done. These rates are on file in the Department of Transportation. The Contractor shall post a copy of the wage rates on the job site. Pursuant to California Labor Code Section 1775, Contractor shall forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for such work or craft, and said amounts shall be distributed pursuant to the requirements of said Section 1775. Any employee whose type of work is not covered by any of the classified wage rates shall be paid not less than the rate of wage listed for the classification which most nearly corresponds to the type of work to be performed.

15. EMPLOYMENT OF APPRENTICE LABOR:

Reference is hereby made to Section 1777.5 of the Labor Code of the State of California, which regulations shall govern the employment of apprentices on the work, if required by union and to be billed at applicable rate. Compliance with said Section shall be the responsibility of the Contractor.

16. COLLECTIVE BARGAINING AGREEMENTS:

Pursuant to California Labor Code Section 1773.8, Contractor shall pay travel and subsistence payments to any workers covered by applicable collective bargaining agreements which provide for such payments.

17. PAYROLL RECORDS:

Contractor shall be responsible for keeping accurate payroll records as required by California Labor Code Section 1776. Contractor is aware that a penalty of twenty-five dollars ($25.00) per day or portion thereof for each worker may be assessed for noncompliance with said section. Contractor shall forward to City a certified copy of each payroll record within ten days after close of each payroll period. An additional 10% retention may be withheld from any payment due for failure to provide same.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and must be logged in the DIR under Taft Paving Maintenance.

18. EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION:

During the performance of this contract, the contractor agrees to abide by all provisions of Section 1735 of the California Labor Code, as amended, regarding nondiscrimination practices.

19. ASSIGNMENT:

No assignment by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the contract documents.

20. CONFLICT OF INTEREST RESTRICTIONS:

No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspecting, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City who is in any legislative, executive, supervisor, or other similar function in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project.

21. WAIVER OF RIGHTS:

No action or lack of action on the part of City at any time to exercise any right or remedy conferred upon it under this contract shall be deemed to be a waiver on the part of the City of any of City's other rights or remedies.

22. SUCCESSORS IN INTEREST:

City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto; its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the contract documents.

23. SEVERABILITY:

If any provision to this contract is declared or found to be illegal, unenforceable or void, then both parties shall be relieved of all obligations arising under such provisions, and the remainder of this contract shall not be affected by such declaration or finding and each provision not so affected shall be enforced to the fullest extent permitted by law.

24. BOOKS OF RECORD AND AUDIT PROVISION:

Contractor shall maintain on a current basis complete books and records relating to this contract.

Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and records shall be original entry books with a general ledger itemizing all debits and credits for the work on this contract. In addition, Contractor shall maintain detailed payroll records including all subsistence, travel and field expenses, and cancelled checks, receipts and invoices for all items.

These documents and records shall be retained for at least five years from the completion of this contract.

Contractor will permit City to audit all books, accounts or records relating to this contract or all books, accounts or records of any business entities controlled by Contractor who participated in this contract in any way. Any audit may be conducted on Contractor's premises or, at City's option; Contractor shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from City. Contractor shall refund any moneys erroneously charged. If City ascertains that it has been billed erroneously by Contractor for an amount equaling 5% or more of the original bid, Contractor shall be liable for the costs of the audit in addition to any other penalty to be imposed.

25. NOTICE:

Notices shall be given to City at the following location: If to "CITY":

City of Taft
Attn: City Manager
209 E. Kern Street
Taft, California 93268
If to "CONTRACTOR":
____________________________________
____________________________________

26. JURISDICTION AND VENUE:

This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in the City of Taft, California, or if unable to seat venue in the City Taft, venue shall be in the County of Kern, California.

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

AGREEMENT WITH CALIFORNIA STATE CONTROLLERS’ OFFICE (SCO) TO PREPARE THE

REQUIRED ANNUAL STREET REPORT
SUMMARY STATEMENT:

Section 2151 of the California Streets and Highways Code requires the cities to file an Annual Street Report on or before December 1 of each year.

The SCO used to offer annual training to assist in the preparation of the report, but they discontinued this training. Now they are offering to prepare the city’s report for a fee not to exceed $3,000.

RECOMMENDED ACTION:

1. Motion to authorize the Mayor to execute the Professional Services Agreement with California State Controller.

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, the fee for services will be deducted from our annual funds
ATTACHMENT (Y/N): Yes, Agreement and Contract Information Sheet PREPARED BY: Teresa Binkley, Finance Director
MALIA M. COHEN

CALIFORNIA STATE CONTROLLER
MAILING ADDRESS P.O. Box 942850, Sacramento, CA 94250
SACRAMENTO 3301 C Street, Suite 700, Sacramento, CA 95816 | 916.324.8907 LOS ANGELES 901 Corporate Center Drive, Suite 200, Monterey Park, CA 91754 | 323.981.6802 April 25, 2023
Teresa Binkley
Finance Director
City of Taft
209 East Kern Street
Taft, CA 93268
Dear Ms. Binkley:

The State Controller’s Office, Division of Audits, is available to assist in preparing your fiscal year 2022-23 Annual Street Report on a cost-recovery basis. The estimated cost for our assistance should not exceed $3,000. This preparation fee may be charged to your Special Gas Tax Street Fund.

If you would like our office to provide this service, please complete and return:
 The Contract for Services to Prepare the Annual Street Report; and  The Contract Information Sheet for scheduling assistance.

Please return the above documents by June 16, 2023, to the State Controller’s Office, Division of Audits, Local Government Audits Bureau, by email at [email protected].

Scheduling priority will be given to those who respond promptly. If you have any questions, please email us or contact Lisa Tam at (916) 323-5932.

Sincerely,
Original signed by
JORDAN INABNIT, CPA, Audit Manager
Local Government Audits Bureau
Division of Audits
JI/lt
Enclosures

MALIA M. COHEN

CALIFORNIA STATE CONTROLLER

CONTRACT FOR SERVICES TO PREPARE

THE ANNUAL STREET REPORT
This contract is executed between the State Controller’s Office (SCO), Division of Audits and the City of Taft.

Whereas Section 2151 of the California Streets and Highways Code requires cities to file with the SCO on or before December 1 of each year, an Annual Street Report; and Whereas the SCO is able to furnish and the city wishes to receive the services of the SCO to prepare its report; now therefore, in consideration of the following promises and conditions, the parties hereby agree that:

I. For the fiscal year ended June 30, 2023, the SCO shall assist in the preparation of the city’s report, a non-audit service.

II. The report shall be in the form prescribed by the SCO.

III. The report shall include a statement of all revenues and expenditures concerning city streets, and shall be prepared from the city’s records made available to the SCO.

IV. The report will be prepared from the city’s unaudited records, and no determination shall be made at time of preparation regarding the accuracy of the records or the legality of the expenditures reported herein.

V. The city understands that the report is subject to subsequent review by the SCO and exceptions may be taken at the time regarding the legality of expenditures contained in the report, the accuracy of the records from which the report was prepared, or the accuracy of the report.

VI. The SCO will furnish sufficient personnel to complete the report on or before the report’s filing due date of December 1, 2023, except that the SCO is excused from such date if the city’s accounting records and personnel are not ready for the preparation of the report at the time scheduled by the SCO and the city, or if circumstances beyond the control of the parties prevent completion.

VII. The city understands that this contract does not extend the filing due date of the report, and does not exempt the city from SCO’s withholding of highway users tax fund allocations if the city is delinquent in filing the report, in accordance to Section 2155 of the California Streets and Highways Code.

VIII. The city will designate a management-level individual to be responsible and accountable for overseeing the non-audit service.

IX. The city will establish and monitor the performance of the non-audit service to ensure that it meets management’s objectives.

X. The city will make any decision that involves management functions related to the non-audit service and accept full responsibility for such decisions.

XI. The city will evaluate the adequacy of the services performed and review the completed report for accuracy.

XII. The SCO will furnish one copy of the completed report to the city.

XIII. This contract is subject to the SCO’s charges for services rendered, and such charges shall be computed in accordance with Sections 9210 and 9211 of the State Administrative Manual. Charges shall include both direct and indirect costs, and shall be expressed in dollars per unit time whenever possible.

XIV. Except as provided in paragraph XV, the aggregate cost of services provided under this agreement shall not exceed $3,000.

XV. If unforeseen circumstances develop during the course of the SCO’s preparation of the report and additional time is needed to complete preparation, the parties will confer; and if it is agreed that the preparation of the report is to continue, the SCO is to be compensated for any additional time required. In any case, the SCO shall be compensated for services rendered prior to the development of such unforeseen circumstances.

XVI. The city will pay the SCO for services rendered in a timely manner (including additional time pursuant to paragraph XV) and hereby warrants that funds are available from which payment may be made.

XVII. Either party may terminate this contract by giving seven days written notice. Notice is effective upon receipt. SCO will give notice to the city’s contracting officer or authorized representative.

Notice to SCO may be served by e-mail at [email protected]. During the seven-day period, the SCO may continue with the preparation of the report then in progress.

City of Taft MALIA M. COHEN
California State Controller

Signature: Date:
__________________________________ _________
Signature: Date:
__________________________________ _________
Printed Name:
_______________________________________________

KIMBERLY TARVIN, CPA
Chief, Division of Audits
Title:
_______________________________________________
Address:
_______________________________________________
_______________________________________________
_______________________________________________

MALIA M. COHEN

CALIFORNIA STATE CONTROLLER

ANNUAL STREET REPORT

CONTRACT INFORMATION SHEET
CITY NAME:
________________________________________________________________________________________________

CITY FISCAL OFFICER:

ANNUAL STREET REPORT CONTACT PERSON:

Name: (Mr. or Ms.)
_______________________________________________
Title:
_______________________________________________
E-Mail Address:
_______________________________________________
Telephone Number:
_______________________________________________
Mailing Address:
_______________________________________________
Billing Address (If different from mailing address):
_______________________________________________
_______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ THE ANNUAL STREET REPORT IS DUE ON DECEMBER 1.

AN SCO AUDITOR WILL CONTACT THE CITY TO SCHEDULE THE REPORT PREPARATION UPON RECEIPT OF THE SIGNED CONTRACT.

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

MEASURE A CITIZENS’ OVERSIGHT COMMITTEE FORMATION AND ADOPTION OF

GUIDELINES AND DUTIES
SUMMARY STATEMENT:

In December 2021, the City Council adopted and ratified Ordinance No. 845-21 enacting a transactions and use tax approved by the voters of the City as Measure A. The Ordinance, as adopted, in Section 4-21-15, requires that the City Council form a citizen oversight committee to review revenue and expenditure of funds from the tax.

The attached resolution sets members’ terms, qualifications, duties, and scope of the committee. Once adopted, the City Clerk’s office will set up to implement the Committee and start the recruitment in the fall in order to have all committee members appointed by the end of year to start terms on January 1, 2024.

RECOMMENDED ACTION

1. Motion to adopt a resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT CALIFORNIA, ESTABLISHING THE MEASURE A CITIZENS’ OVERSIGHT

COMMITTEE FORMATION AND SETTING FORTH GUIDELINES AND DUTIES OF THE COMMITTEE ; and

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): Resolution
PREPARED BY: City Clerk
RESOLUTION NO. 4186-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT CALIFORNIA, ESTABLISHING THE MEASURE A CITIZENS’ OVERSIGHT COMMITTEE

FORMATION AND SETTING FORTH GUIDELINES AND DUTIES OF THE

COMMITTEE
WHEREAS, on December 21, 2021, the City Council adopted and ratified Ordinance No. 845- 21 enacting a transactions and use tax approved by the voters of the City as Measure A on the November 2, 2021, Special Election; and
WHEREAS, Ordinance 845-21 as adopted, in Section 4-21-15 requires that the City Council form a citizen oversight committee to review revenue and expenditure of funds from the tax. The members’ terms, qualifications, duties, and scope of the committee shall be established by this Resolution; and
WHEREAS, the City is dedicated to ensuring the efficient and proper use of public funds, including Measure A funds; and
NOW, THEREFORE, BE IT RESOLVED, that a Citizens Oversight Committee be formed in the following manner:

Section 1: The City of Taft Measure A Citizens Oversight Committee (Committee) is hereby established.

Section 2: The Committee shall be composed of five (5) members.

Section 3: The Committee does not have independent legal capacity from the City.

Section 4: The Committee members shall be:
• 18 years of age or older
• May not possess any felony convictions
• Are residents and registered voters within the City of Taft • City Council Members, employees of the City of Taft and their dependents, or any vendor, contractor or consultant of the City are ineligible to serve as members of the Committee.

Section 5: The Committee shall be added to the City’s Conflict of Interest Code and members will be required to file an annual Statement of Economic Interests Form 700 and attend mandatory ethics training.

Section 6: The Committee meetings shall be in compliance with the Ralph M. Brown Act (Government Code Sections 54950-54963).

Section 7: The recruitment and appointment of the members to the Committee shall follow the process set forth in Section 103 of the City of Taft Policies and Procedures Administrative Manual regarding Appointments to Boards and Commissions.

Section 8: Committee Member Terms will be for four (4) years. The first appointed Committee terms will start on January 1, 2024 and at the Committee’s first meeting, members will draw lots to select two (2) members to serve for an additional two (2) year term, and the remaining three (3) members will serve a standard four (4) year term. All successive terms shall be for four (4) years.

Section 9: Regular meetings will be held annually at a date and time agreed upon by members and support staff.

Resolution No. 4186-23

Page 2 ends

Section 10: The Committee is an advisory committee in nature and its scope and duties are as follows:
• Review revenue and expenditure reports prepared by staff as they relate to the receipt and use of Transaction and Use Tax revenue.
• Review the independent audit required by Section 4-21-16. • Provide an annual report to Council on the revenue and expenditure history for the prior annual budget period, including how expenditures align with the priorities set forth in the Ordinance for protecting essential city services and the long-term financial stability of the City.

Section 11: The City Manager, or their designee, will serve as staff Liaison to the Committee. The liaison will be responsible for providing relevant information, including the annual audit and revenue and expenditures, needed for meetings of the Committee.

Section 12: The City Clerk’s office will provide all clerical assistance to the Committee, including preparation, posting and distribution of agendas, meeting minute taking, and ensuring that the requirements of the Brown Act are followed. The City Clerk’s office will also keep the City’s webpage related to the Committee up to date.

MOVED, PASSED AND ADOPTED on this 16th day of May 2023. __________________________________
Dave Noerr, Mayor
Attest:
___________________________________________
Yvette Mayfield, MMC
City Clerk
I, Yvette Mayfield, City Clerk of the Taft City Council, do hereby certify that the foregoing Resolution was duly and regularly adopted by the Taft City Council at a regular meeting thereof held on the 16th day of May, 2023 by the following vote:

AYES: COUNCIL MEMBERS -
NOES: COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS -
ABSTAIN: COUNCIL MEMBERS -
_________________________________
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: May 16, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

WASTEWATER TREATMENT PLANT BIOSOLIDS REMOVAL PROJECT 2023 SUMMARY STATEMENT:

The Taft Municipal Wastewater Treatment Plant’s Pond system has been in service for approximately 5 years since the last biosolid removal. The 5-year accumulation needs removal to keep the system in compliance with state regulations and for proper treatment processes.

The specialized process includes dredging, dewatering, storing and hauling of biosolids to an approved recycling facility. The estimated total amount of sludge to be removed is approximately 160 tons.

The City of Taft and Kern County operate the facility under a Joint Power Agreement with 48% of the cost shared by the County for its use. Kern County Staff has reviewed the proposal and recommend awarding the contract to SYNAGRO in the amount not to exceed $315,150.

Due to the specialized nature of the project, it is recommended the work be sole sourced as allowed in California Public Resource Code § 40059.

RECOMMENDED ACTION:

1. Motion to Authorize the City Manager to Execute a contract with SYNAGRO in the amount not to exceed $315,150 for the biosolids removal project; and

IMPACT ON BUDGET (Y/N): WWTP Reserve Fund $315,150
ATTACHMENT (Y/N): Task Order Proposal
PREPARED BY: Public Works Department
Version 3/1/2018
Materials Management Agreement
This Agreement made and entered into as of this 8th day of May, 2023__ by and between Contractor and Customer.

C
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Customer Legal Name
Taft, City of
Street Address
209 E. Kern Street
City / Town
Taft
County
Kern
State
CA
Zip Code
93268
C
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R
A
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Synagro Legal Name
Synagro WWT, Inc.

Street Address
3110 Gold Canal Drive Suite E
City / Town
Rancho Cordova
State
CA
Zip Code
95670
T
E
R
M
Commencement Date
May 8, 2023
Expiration Date
December 31, 2023
The “Term” of this Agreement shall be from the Commencement Date up to and including the Expiration Date. This Agreement and any extensions shall automatically renew on a year-to-year basis following expiration of the Term, until Contractor or Customer delivers notice to the other party of its intent to terminate the Agreement. Such notice must be delivered at least 30 days prior to the end of the then-current Term. If Contractor provides Contractor Services to Customer outside of the Term without another written agreement, then such services shall be deemed provided pursuant to the terms of this Agreement (other than the Term) and Customer’s request for or acceptance of Contractor Services shall be deemed consent to the terms of this Agreement. No such provision of services by Contractor shall be deemed an agreement to provide any further services or extend the term of this contract for additional periods.

B
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Customer Contact Name
Craig Jones
Telephone #
(661) 763-1222
Street Number / P.O. Box
209 E. Kern Street
Fax #
(661) 765-2480
Address Contact Person
E-mail Address
City / State
Taft, CA
Zip Code
93268
S
I
G
N
A
T
U
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E
S
FOR CUSTOMER: Date
Signature
Name and Title
FOR CONTRACTOR: Date
Signature
Name and Title
Materials Management Agreement
Materials Management Agreement Page 2 of 7
Version 7/3/2021

SCOPE OF SERVICES AND PRICING APPENDIX
Scope of Service.

TASK 1 – DREDGE, DEWATER, TRANSPORT AND COMPOST BIOSOLIDS AT THE CITY OF TAFT WASTEWATER TREATMENT FACILITY PER PROPOSAL ATTACHED - DATED MAY 1, 2023 TASK 2 – LOAD, TRANSPORT AND COMPOST STOKPILED BIOSOLIDS LOCATED AT THE CITY OF TAFT WASTEWATER TREATMENT FACILITY PER PROPOSAL ATTACHED - DATED MAY 1, 2023 Customer Materials.

Customer Materials shall consist of the following:

Domestic wastewater treatment plant biosolids located in lagoon in liquid form (Taks 1) and stockpiled biosolids (Task 2).

Method of Delivery of Customer Materials. The Customer Material shall be delivered to Contractor in the following manner:

Synagro will extract the solids from the lagoon using a dredge or alternative hydraulic pumping equipment (Task 1).

Synagro will access the material by loading into its semi end dump trailers. “Customer Facility(ies) " shall mean the following locations where Customer Material(s) are generated or stored:

1. City of Taft Wastewater Treatment Facilty located in Taft, CA, Kern County.

Contractor right to refuse loads. If trucks or containers are loaded by Customer or its agents, Contractor has the right to refuse loads that are not within legal weight restrictions, are defective, or are not filled to mutually agreed-upon minimums or maximums.

PRICE
The Agreement Price(s) shall be as follows:

Unit price line items will be billed on the actual units removed per the proposal dated

RATE QUANTITY UNIT SERVICE
$29,280.00 1 Lump Sum Mobilization of equipment and personnel – Task 1 $1,214.60 160 (est’d) Dry ton Dredge dewater, transport and compost wastewater treatment biosolids.- Task 1
$19,630.00 1 Lump Sum Demobilization of equipment and personnel – Task 1 $59.92 1200 (est’d) Wet ton Load, transport and compost stockpiled biosolids – Task 2 Materials Management Agreement
Materials Management Agreement Page 3 of 7
Version 7/3/2021
CPI. All Agreement Prices shall be adjusted as follows:

All Agreement Prices shall be adjusted annually beginning on _____ __, 20__ based on the Non-Seasonally Adjusted Consumer Price Index established by the United States Department of Commerce, Bureau of Labor Statistics, for ______________________________________ with the CPI immediately preceding the Commencement Date being the base index. Said adjustment shall apply to all fees contained herein, and shall be based on the following formula:

New Price = (Price Adjustment) x First Year Agreement Price Current CPI - Base CPI
Price Adjustment = 1 + (---------------------------------) Base CPI
CPI = ______________________.

Base CPI = ______________________.

Once the CPI is available, the price adjustment shall take effect retroactively, where applicable, as of the dates specified above for price adjustments. No New Price shall ever be lower than any existing current Agreement Price in effect immediately before the annual adjustment.

Fuel Surcharge Adjustment
All Agreement Prices shall be adjusted monthly for a fuel surcharge (“Fuel Surcharge Adjustment”) to reflect any increased change in diesel fuel prices, in accordance with the table below, if the cost of retail on-highway diesel fuel (Department of Energy, Energy Information Administration – ____________) is at, or exceeds, $____________ per gallon (Base Price).

The Fuel Surcharge Adjustment will be based on the following chart and the Retail On-Highway Diesel Price – ___________ as published by the U.S. Department of Energy’s Energy Information Administration for _________________________ and will be applied to the then current fixed or unit fee, as applicable. The Fuel Surcharge Adjustment will be no more than once a calendar month beginning with the second calendar month following the Commencement of Services and shall be adjusted as of the first day of each month. Fuel Surcharge Adjustment will then be applied as follows:

Diesel Price $/Gallon -
Note1
Fuel Surcharge
Adjustment %
< $(Base Price) None
Base Price to Base Price plus
$.049

0.5 %
Base Price plus $0.05 to
Base Price plus $0.099

1.0 %
Base Price plus $0.1 to Base
Price plus $.0149

1.5 %
For each $0.05/gallon increase thereafter add 0.5%
EXAMPLE:

Base Price = $3.01 / Gallon
Diesel Price $/Gallon -
Note1
Fuel Surcharge
Adjustment %
≤ $3.00 (Base Price) None
$3.01 - $3.049 0.5 %
$3.05 - $3.099 1. %
$3.10 - $3.149 1.5 %
Note 1 - Fuel Rate based on DOE EIA monthly retail on-highway diesel prices (______) Materials Management Agreement
Materials Management Agreement Page 4 of 7
Version 7/3/2021

GENERAL TERMS AND CONDITIONS

1. Definitions. As used in this Agreement:

A. "Affiliate" shall mean any Person which, directly or indirectly, owns or controls, or is under common ownership or control with, or is owned or controlled by, such Person.

B. "Agreement" shall mean this agreement, and each and
every exhibit, appendix and schedule attached hereto, and by reference made part of this Agreement.

C. "Agreement Price(s)" shall mean any one or, collectively, all the prices to be paid by the Customer to Contractor for Contractor Services.

D. “Authorizations” means all authorizations, permits,
applications, notices of intent, registrations, variances, and exemptions required for the removal, transportation, and land application of Customer Materials in compliance with all Laws.

E. Agreement shall consist of the following documents which Customer acknowledges receiving copies of:

1. The Agreement

2. Scope of Service and Price Appendix

3. General Terms and Conditions
F. "Contractor Facility" shall mean a facility operated or controlled by Contractor or an Affiliate of Contractor.

G. “Contractor Services” shall be those services described in Scope of Service and Price Appendix.

H. "Customer" shall mean the entity identified as Customer in the first paragraph of this Agreement and its permitted successors and assigns.

I. "Customer Material(s)" shall mean the materials generated by or stored at the Customer's Facility which are described in Scope of Service and Price Appendix, Section A. 2. and meet(s) the requirements set forth in Appendix 2.

J. “Governmental Authority” means any governmental
authority including the United States of America and any State, local authority, political subdivision, agency, department, commission, board, bureau, court, tribunal having jurisdiction over this Agreement, Customer Material(s), or Contractor, Customer, or Customer Facility.

K. “Hazardous Materials” means any “petroleum,” “oil,”
“hazardous waste,” “hazardous substance,” “toxic substance,” and “extremely hazardous substance” as such terms are defined, listed, or regulated under Laws.

L. “Intended Use” shall mean any use, placement, or disposal of Customer Materials pursuant to this Agreement including by example, land application, composting, deposit in landfill, or incineration.

M. “Laws” means any Authorization and any applicable federal, state, or local law, rule, regulation, ordinance, order, decision, principle of common law, consent decree or order, of any Governmental Authority, now or hereafter in effect.

N. "Non-Conforming Material(s)" shall mean material(s) which (i) fail(s) to meet the description or characteristics described in Appendices 1and/or 2, or (ii) are Hazardous Materials, or (iii) contain a concentration of polychlorinated biphenyls equal to or greater than 50 milligrams per kilogram of total solids (on a dry weight basis) or (iii) contains PFOA/PFAS levels in excess of any federal or state guidelines or regulations.

O. “Party” shall mean either Customer or Contractor; “Parties” shall mean Customer and Contractor.

P. "Person" shall mean any partnership, corporation,
Governmental Authority, trust, or legal entity, as well as a natural person.

Q. "Term" shall mean the term of this Agreement including any extensions, as provided for in the Agreement.

3. Services.Contractor shall provide Contractor Services to Customer.

4. Price and Adjustments.

A. The Agreement Price(s) for Contractor Services is set forth in Scope of Services and Price.

B. Contractor will have no duty to handle Non-Conforming Materials unless Customer and Contractor mutually agree to terms including cost for the handling of such Non-Conforming Materials on a case-by-case basis. If Contractor discovers material is NonConforming after it takes possession, then Customer shall reimburse all costs and expenses of Contractor in handling such Non-Conforming Material until Customer arranges for removal and transportation of such Non-Conforming Material for appropriate processing and disposal, plus 10% of such costs and expenses.

5. Ownership of Materials. Customer shall retain all title to and ownership of the Customer Material and Non-Conforming Materials.

6. Rejection or Revocation of Acceptance of Materials.

A. Contractor shall have the right to reject any Non-Conforming Material prior to taking possession or revoking its acceptance after taking possession of any Non-Conforming Material, provided that Contractor notifies Customer by telephone or in writing of such rejection of Non-Conforming Materials promptly upon Contractor's discovery thereof. Any such notice of rejection not given initially in writing shall be promptly confirmed in writing to Customer. Contractor shall provide Customer with the documentation used to identify Customer Materials as Non-Conforming, and Customer shall have the right to re-test the Customer Materials.

B. Within twenty-four (24) hours after receipt of notice of rejection of Non-Conforming Material (or such longer period provided that Customer is acting with due diligence). Customer shall in accordance with Laws, arrange for and pay all costs associated with the testing, removal and transport of such Non-Conforming Material for appropriate processing and disposal. If Customer fails to remove NonConforming Material(s) within 10 business days of the date Customer is notified by Contractor, then Contractor shall have the right, but not the obligation, to remove, store, handle, transport, store, process and dispose of Non-Conforming Materials and Customer shall reimburse Contractor for all costs and expenses associated therewith, plus 10% of such costs and expenses.

C. Nothing in this section shall be construed to limit Customer’s obligation to indemnify Contractor.

7. Change in Conditions Affecting Quality of Materials.

Customer shall immediately notify Contractor of changes or irregularities related to the creation, processing or conditions that would reasonably be expected to affect the quality, character or composition of Customer Materials. Customer shall promptly furnish to Contractor any information regarding known or suspected changes in the composition or characteristics of the Customer Materials.

8. Record Keeping. Contractor shall maintain records of the Contractor Services to the extent Contractor is required by Law, and further, shall maintain records to the extent specifically set forth in Scope of Services and Price. Customer shall maintain records to the extent Customer is required by Law. Customer shall keep and maintain records showing all data necessary for computation of the invoiced amounts during the term of the Agreement and for eighteen (18) months after the termination of the Agreement. Customer shall, upon reasonable notice from Contractor, allow Contractor to inspect and copy all records reasonably necessary for Contractor to compute the amounts to be invoiced.

9. Terms of Payment. Customer shall pay Contractor the full amount due under any invoice within thirty (30) days of the date of the invoice. Any invoice amount not paid in full within thirty (30) days of the date of the invoice shall bear interest at the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum legally permissible interest rate on any unpaid balance thereof. Interest shall be computed from the date of the invoice.

10. Default Termination.

A. In the event a Party seeks to terminate this Agreement because the other Party has failed to perform one or more of its material obligations hereunder, then the non-defaulting Party shall give a default notice to the defaulting party. Such default notice shall list with reasonable detail the nature of the default. Unless otherwise stated in Subsection B below, a defaulting Party shall have a right to cure a default within 10 days. If the defaulting Party fails to cure the default within 10 days after the receipt of the default notice, then this Agreement may be terminated by the non-defaulting party by delivery of notice of termination, effective on the termination date stated in in such termination notice.

Materials Management Agreement
Materials Management Agreement Page 5 of 7
Version 7/3/2021
B. Notwithstanding any provision herein to the contrary, Contractor may immediately terminate this Agreement upon notice to Customer if:
(i) Customer fails to make full payment within 30 days of any invoice date;
(ii) there is a change in or to the interpretation of any Laws which increases Contractor’s risk or cost, or which
would serve to delay Contractor’s performance of
Contractor Services;
(iii) Contractor reasonably determines that performing
Contractor Services will cause personal injury, or
damage to a Party’s facilities, equipment or operation, or will cause Contractor to be in violation of Laws, or will produce or cause to be produced a process
byproduct that is classified as Hazardous Material(s); or (iv) Customer fails to provide the NANI or NANI Equivalent as provided for in Section 29.A.4.b. of this Agreement.

C. Non-Default Termination
If the Customer has exercises a discretionary right to early termination that is not based on default, the Contractor will be compensated for early termination costs,
including but not limited to, recovery of capital costs, lost profit, demobilization costs, employment
severance payments and cost to terminate
subcontractors and equipment leases.

11. Indemnification.

A. Contractor shall defend, indemnify and hold harmless Customer, its directors, officers and agents from and against any and all claims, suits, actions, proceedings, liabilities, losses, damages, fines, penalties and expenses of every character whatsoever (including, but not limited to, liability for pollution, environmental or natural resource damage or restoration, nuisance, bodily injury, sickness and/or disease, including death, and loss of or damage to property), to the extent proximately caused by Contractor’s negligence or breach of this Agreement. If any such suits, actions or proceedings are threatened or commenced, Customer shall promptly notify Contractor.

B. Customer shall defend, indemnify and hold harmless
Contractor, its partners, directors, officers, employees and agents from and against any and all claims, suits, actions, proceedings, liabilities, losses, damages, fines, penalties and expense of every character whatsoever (including, but not limited to, liability for pollution, environmental or natural resource damage or restoration, nuisance, bodily injury, sickness and/or disease, including death, and loss of or damage to property), to the extent they arise out of: (i) Customer's failure to comply with any of its obligations under this Agreement; (ii) Customer’s delivery of Non-Conforming Material to Contractor; (iii) Contractor’s acceptance, handling, use or application of NonConforming Material; and (iv) any other negligent act or omission or willful misconduct by Customer. If any such suits, actions or proceedings are threatened or commenced, Contractor shall promptly notify Customer.

12. Access. Customer shall provide Contractor access to Customer Facility(ies) as and when requested by Contractor in order to provide Contractor Services. Customer shall bear all costs or fees associated with providing access to Contractor.

13. Compliance with Laws. Unless otherwise specifically provided in this Agreement, Contractor shall comply with Laws directly regulating Contractor Services and Customer shall comply with all Laws imposed upon.

14. Physical Damage Responsibility; Insurance.

A. Contractor shall provide workers compensation insurance for all its employees providing services under this Agreement in accordance with applicable law. Contractor’s liability and out of pocket expenses is capped at the insurance provided in this agreement.

B. Contractor shall provide commercial general liability insurance to cover the liabilities of Contractor arising out of the Contractor Services with limits of one million dollars ($1,000,000) for each claim, one million dollars ($1,000,000) products aggregate and two million dollars ($2,000,000) general aggregate. Such insurance shall provide that coverage shall not be canceled without thirty (30) days prior notice to Contractor and Customer, or ten (10) days’ notice in the event that such coverage is cancelled for non-payment.

Contractor shall provide evidence of said insurance, in the form of an insurance certificate, within thirty (30) days from the date hereof. Said certificate shall name Customer as an additional insured.

C. Contractor shall provide general liability and property damage insurance to cover the liabilities of Contractor arising out of the use of vehicles in in the performance of Contractor Services with a combined single limit of one million dollars ($1,000,000), with an umbrella policy of five million dollars ($5,000,000).

15. Force Majeure. Neither Party shall be liable to the other Party for breach or for failure or delay in the performance of its obligations hereunder caused by any act or occurrence beyond its reasonable control, including, but not limited to: fires; floods; strikes (except any strikes involving a Party’s personnel); a change in Federal, State, or local law or ordinance; orders or judgments of any Federal, State or local court, administrative agency or governmental body; change in permit conditions or requirements; accidents; extreme weather conditions including, for example, hurricanes, tornadoes, unusually high amounts of precipitation, unusual extremes of temperature or wind, or unusually extended periods of adverse weather conditions; acts of war, aggression or terrorism (foreign or domestic); equipment failure (other than due to the inadequate maintenance thereof); and acts of God. It is specifically understood that, without limitation, none of the following acts, events or circumstances shall constitute an act or occurrence beyond a Party’s reasonable control: (i) reasonably anticipated weather conditions normal for the region in which the work is performed or (ii) any failure to pay any sums in accordance with the terms of this Agreement. Whenever the provisions of this Section are believed to apply, the Party relying thereon shall give prompt notice to the other Party of the circumstances, the basis for applicability of this Section and the time required to cure such breach or delay and Contractor and Customer shall use reasonable best efforts to agree on appropriate mitigating actions under the circumstances. This provision provides performance (including schedule) and financial relief if a Force Majeure event interferes with the Contractor’s performance

16. Representation of Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver and perform this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.

17. Survival of Obligations. Notwithstanding the expiration or sooner termination of this Agreement, any duty or obligation which has been incurred and which has not been fully observed, performed and/or discharged, and any right, conditional or unconditional, which has been created and has not been fully enjoyed, enforced and/or satisfied, shall survive such expiration or termination until such duty or obligation has been fully observed, performed and/or discharged and such right has been fully enjoyed, enforced and/or satisfied.

18. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and verbal, between the Parties with respect to the subject matter hereof.

19. Counterparts. This Agreement may be executed in counterparts, which together shall constitute one and the same contract. The Parties may execute more than one copy of this Agreement, each of which shall constitute an original.

20. Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties thereto and their successors and permitted assigns. The Agreement may not be assigned by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed, except that Contractor may assign performance and/or collection to an Affiliate of Contractor without the consent of Customer.

Materials Management Agreement
Materials Management Agreement Page 6 of 7
Version 7/3/2021

21. Modification. This Agreement may not be amended, altered or modified except in writing signed by the Parties hereto.

22. Governing Law, Venue Selection. This Agreement shall be governed by and construed under the laws of the State of California.

23. No Third Party Liability. Neither this Agreement nor any Subcontract is intended to give rise to or recognize any third party beneficiary to this Agreement.

24. Partial Invalidity. If any provision of this Agreement is determined to be invalid, illegal or unenforceable for any reason, that provision shall be deleted from this Agreement and such deletion shall in no way affect, impair, or invalidate any other provision of this Agreement, unless it was material to the consideration for the performance required. If a provision is deleted which is not material to such consideration, the remaining provisions shall be given the force and effect originally intended.

25. Consent to Breach Not Waiver. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented. No consent by any Party to, or waiver of, a breach by the other Party shall constitute consent to, waiver of, or excuse of any other different or subsequent breach. No course of conduct or series of dealings shall constitute a waiver hereunder.

26. Notice. Except as otherwise specifically provided in this Agreement, all notices must be given in writing sent by recognized overnight courier or registered or certified US mail, postage prepaid, return receipt requested, addressed listed on the first page and with an additional copy of any notice to Contractor sent to:

Synagro WWT, Inc.
435 Williams Court, Suite 100
Baltimore, MD 21220
Attn: Legal Manager
Notice shall be sent to the referenced persons and addresses unless the Parties are otherwise notified in writing of a change in the name or address of the person to be notified.

27. Consequential Damages. In no event shall Contractor, its affiliated corporations and Affiliates or its and their directors, officers, employees or any of its subcontractors be liable for any incidental, indirect, special, punitive, economic or consequential damages, suffered or incurred by Customer or any of its agents or contractors as a result of Contractor’s performance or non-performance of services pursuant to this Agreement. In no event shall Contractor’s liability hereunder exceed the value of the payments to Contractor under this Agreement, regardless of legal theory.

28. Drafting Responsibility. Neither Contractor nor Customer shall be considered the drafter of this Agreement, and any ambiguities herein shall not be construed against either Contractor or Customer, both having participated in the drafting of this Agreement.

29. Customer Materials. Customer represents and warrants the following with respect to the quality of Customer Materials:

A. Biosolids.

1. Hazardous Materials. Customer will not provide Hazardous Materials to Contractor.

2. Polychlorinated Biphenyls. Customer Materials shall not contain a concentration of polychlorinated biphenyls (PCB’s) equal to or greater than 50 milligrams per kilogram (dry weight basis), nor shall Customer Materials violate more stringent state or local standards, where applicable.

3. Suitability of Materials for Intended Use. All Customer Materials are suitable for their Intended Use and the qualities and characteristics of Customer Materials meet or exceed the minimum requirements under Laws for Intended Use.

4. Land Application of Biosolids. If land application is an Intended Use of Customer Materials, the following shall apply:
a. Customer agrees to provide Contractor with Customer
Materials that meet federal, state and local land application criteria at the time they are released to Contractor. Where Contractor Services include pathogen reduction requirements and/or vector attraction reduction, Customer is not obligated to meet pathogen and/or vector attraction reduction requirements. b. Customer shall provide Contractor documentation that Customer’s biosolids meet 40 CFR PART 503, state and local land application quality criteria with respect to the three biosolids quality criteria (i.e. metals content, pathogen reduction requirements, and vector attraction reduction requirements) unless Contractor has specifically agreed otherwise as part of the Contractor Services described below.

This information is to be supplied to Contractor using a Notice and Necessary Information (“NANI”) form or NANI Equivalent within 45 days after the end of the Customer’s monitoring period based on the biosolids testing frequency in 40 CFR 503.16. “NANI Equivalent” shall mean lab results which clearly show the three biosolids quality criteria are met (e.g. metal test results, fecal coliform test results, SOUR test results). If Customer has more than one Customer Facility, a NANI Form or NANI Equivalent is required for each Customer Facility at which Contractor Services are being provided. If Customer uses more than one treatment process within Customer
Facility, (for example, customer produces anaerobically digested and lime stabilized biosolids) a NANI form or NANI Equivalent is required for each treatment process used by the Customer. If Customer has stored biosolids in more than one location/structure within Customer Facility produced over different time periods or tested separately due to its unique characteristics or Customer’s desired sampling program, a NANI form or NANI Equivalent are required for each Customer Facility storage location/structure. Contractor shall have the right to rely upon any information or certification provided by Customer and shall not have any independent duty to
investigate or inquire regarding the subject matter of
Customer’s certification or of the information which Customer provides to Contractor. Where Contractor Services include pathogen reduction requirements, the NANI Form or NANI
Equivalent provided Customer is not required to document compliance with pathogen reduction requirements by Law.

Where Contractor Services include vector attraction reduction, the NANI Form or NANI Equivalent provided by Customer is not required to document compliance with vector attraction reduction requirements.
c. If Customer fails to provide the NANI Form or NANI
Equivalent when required by Law, Contractor shall have the immediate right, but not the obligation, to suspend or terminate Contractor Services or this Agreement. Customer shall be liable for all additional costs and expenses arising out of such suspension or termination.
d. Contractor will land apply Customer Materials based on the most current NANI Form or NANI equivalent test results provided to the Contractor.

5. Disposal of Biosolids into Landfill. Where Customer
Materials are to be disposed of in landfill(s), Customer Materials must meet the requirements in 40 CFR Part 258 (e.g., pass paint filter test and be non-hazardous per 40 CFR Part 261) and any applicable state requirements
B. Industrial Residuals:

1. Hazardous Materials. Customer will not provide Hazardous Materials to Contractor.

4. Cadmium. Customer will provide Contractor with the total cadmium (Cd) concentration of the residuals in milligrams per Materials Management Agreement
Materials Management Agreement Page 7 of 7
Version 7/3/2021
kilograms (mg/kg) dry weight with the frequency required by Laws.

5. Disease Vectors. Customer Materials shall not attract disease vectors that endanger public health.

6. Disposal of Biosolids into Landfill. Where Customer
Materials are to be disposed of in landfill(s), Customer Materials must meet the requirements in 40 CFR Part 258 (e.g., pass paint filter test and be non-hazardous per 40 CFR Part 261) and any applicable state requirements.

C. Additional Customer Materials (if any):

30. Ethics Reporting. In the event that you become aware of unethical or illegal behavior by any Synagro employee, please report such behavior to Synagro through its thirdparty hotline at 888-577-9486. Reports may be anonymous. You may also report it on-line at EthicsPoint - Synagro Technologies.

YOUR PARTNER FOR A CLEANER, GREENER WORLD
435 Williams Court, Suite 100
Baltimore, MD 21220
www.synagro.com
May 1, 2023
Jason Nordine
Wastewater System Manager
Kern County Public Works
Wastewater Division
4101 Kimber Ave
Bakersfield, CA 93307
Dear Mr. Nordine
Synagro WWT, Inc. is pleased to provide the following proposal to remove stockpiled biosolids, dredge, dewater, transport and compost the dewatered biosolids cake from the Taft, California Wastewater Treatment Facility. Our scope of work includes the following:

Task 1
- Mobilization and set up of equipment to perform the dredging, dewatering loading, transport, and end use of the sludge accumulated in the wastewater treatment ponds. - Dredging of liquid sludge from treatment pond and transfer to dewatering lay down area. - Dewatering of liquid sludge to approximately 20% solids (cake form) and depositing sludge in temporary staging area.
- Loading of dewatered sludge cake into end dump trailers for transport to Synagro owned and operated compost facility (either Liberty Compost or South Kern Industrial Center. - Breakdown and demobilization of all equipment.

Task 2
- Loading, transport and composting of the dried, stockpiled biosolids currently being stored on the Taft plant site.

Other terms and conditions
- Synagro will pay not less than the general prevailing rate of wages as determined by the California Department of Labor, Department of Industrial Relations. - Synagro will dredge the pond to within approximately 6” of the pond bottom or to the agreed upon contract quantity, whichever is first achieved.
- Synagro will provide its own temporary power in the form of a portable generator. - Synagro will provide its own temporary sanitary facilities. - Synagro will operate up to 12 hours per day, 6 days per week. - Synagro will require up to 200 gpm water supply – potable or non-potable.

YOUR PARTNER FOR A CLEANER, GREENER WORLD
Pricing, Measurement and Payment
Synagro’s pricing for the above services is as follows:

Task 1
Line Item Unit of Measure Units Unit Price Extended Price Mobilization Lump Sum 1 $ `29,280.00
Dredge, dewater, transport
and compost Taft, CA
biosolids
Dry ton 160 $1,214.60 $194,336.00
Demobilization Lump Sum 1 $ 19,630.00
Total – Task 1 $$243,246.00
Task 2
Load transport and
compost stockpiled
biosolids
Per ton 1,200 $59.92 $ 71,904.00
This proposal is strictly non-binding until such time that Synagro and Kern Sanitation enter into a mutually acceptable agreement and is subject to Synagro’s standard terms and conditions. If you have any questions or require further information, please call me at 650-219-6380.

Very truly yours,
John Pugliaresi
John Pugliaresi
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
2023-2024 APPROPRIATIONS LIMIT
SUMMARY STATEMENT:

The City Council must annually establish a spending limit for the coming fiscal year as a requirement of Proposition 4, which was adopted in 1979 and modified June 5, 1990, when voters approved Proposition 111.

Beginning with the 1990-91 appropriations limit, the annual adjustment factors changed. Instead of using the lesser of California Per Capita Income or U.S.C.P.I. to measure inflation, each city may choose:

1. The growth in the California Per Capita Income, or the growth in the non-residential assessed valuation due to new construction within the city.

2. Instead of using only the population growth of the city, each city may choose to use the population growth within its county.

These are both annual elections.

The decision as to which of the options to select must be done by a recorded vote of the City Council. The data necessary to calculate the increase in the non-residential assessed valuation for FY 2023-2024 is not available from the County Assessor's Office until late July or August 2022; however, the valuation for FY 2023-2024 is available.

It is recommended that the City adopt its 2023-2024 appropriations limit using the alternative factor of non-residential assessed valuation for the inflationary adjustment. The computation shows that the City's inflationary adjustment factor is 1.002217% and the appropriation limit for 2023-2024 fiscal year is $6,615,0978 (see attached worksheet).

RECOMMENDED ACTION

1. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT ESTABLISHING APPROPRIATIONS LIMIT FOR 2023-2024.

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, setting 2023-2024 operating expenditure level.

ATTACHMENT (Y/N): Yes, Appropriation Limit Worksheet and Resolution PREPARED BY: Teresa Binkley, Finance Director
RESOLUTION NO. 4187-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT
ESTABLISHING APPROPRIATIONS LIMIT FOR 2023-2024
WHEREAS, cities are required to establish appropriations limits pursuant to Proposition 111 each fiscal year; and
WHEREAS, appropriations limits are developed based upon base year 1986-87 appropriations; and WHEREAS, the 1986-87 appropriations for the City of Taft have been set at $2,308,812; and WHEREAS, the City chooses the percentage change in California non-residential assessed valuation as a basis for computing the appropriation limit; and
WHEREAS, the City chooses as an adjustment factor the growth in the County population; and WHEREAS, based upon state formulas, the 2023-2024 appropriation limit is 1.002217% above the 2022-2023 limit.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft that the City Council hereby establishes the appropriation limit for the 2023-2024 fiscal year at $6,615,097.

PASSED, APPROVED AND ADOPTED on this 16th day of May, 2023. ________________________________
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 16th day of May 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________________
Yvette Mayfield, MMC
City Clerk
CITY of TAFT
Article XIIIB Appropriations Limit
Fiscal Year 2023-2024
Appropriations Limit
A. Last Year's Limit 6,600,418
B. Adjustment Factors:

1. Population % 1.000007

2. Inflation % 1.002217
Total Adjustment % 1.002224
C. Annual Adjustment $ 14,679
D. Other Adjustments:

Lost Responsibility (-)
Transfer to private (-)
Transfer to fees (-)
Assumed Responsibility (+)
Sub-total 0
E. Total Adjustments 14,679
F. This Years Limit 6,615,097
Adjustment Factor Calculation:

Population:

City -0.56%
County 0.07%
Inflation:

Per capita personal income 4.44%
Non-Residential Assessed Valuation 22.17%
S:\Vol1\FINANCE\123R5\BUDGET\2023-2024\Appropriations\GANNWKS6.xls/USING NON-RESIDENTIAL CITY of TAFT
Article XIIIB Appropriations Limit
Fiscal Year 2023-2024
Appropriations Limit
A. Last Year's Limit 6,718,209
B. Adjustment Factors:

1. Population % 0.999944

2. Inflation % 1.000444
Total Adjustment % 1.000388
C. Annual Adjustment $ 2,606
D. Other Adjustments:

Lost Responsibility (-)
Transfer to private (-)
Transfer to fees (-)
Assumed Responsibility (+)
Sub-total 0
E. Total Adjustments 2,606
F. This Years Limit 6,720,815
Adjustment Factor Calculation:

Population:

City -0.56%
County 0.07%
Inflation:

Per capita personal income 4.44%
Non-Residential Assessed Valuation 22.17%
S:\Vol1\FINANCE\123R5\BUDGET\2023-2024\Appropriations\GANNWKS6.xls/USING PER CAPITA PERSONAL INCOM CITY of TAFT
Article XIIIB Appropriations Limit
Fiscal Year 2023-24
Population Changes per
State of Caliofrnia, Department of Finance Report
Worksheet #5
City County
Population Change Population Change
01/01/92 6,133 561,540
01/01/93 6,193 0.98% 565,524 0.71%
01/01/94 6,180 -0.21% 590,883 4.48%
01/01/95 6,542 5.86% 612,823 3.71%
01/01/96 6,594 0.79% 624,695 1.94%
01/01/97 6,659 0.99% 628,216 0.56%
01/01/98 6,894 3.53% 639,798 1.84%
01/01/99 8,958 29.94% 648,398 1.34%
01/01/00 9,141 2.04% 658,935 1.63%
01/01/01 8,904 -2.59% 685,811 4.08%
01/01/02 8,929 0.28% 687,552 0.25%
01/01/03 8,978 0.55% 702,873 2.23%
01/01/04 8,962 -0.18% 724,883 3.13%
01/01/05 9,052 1.00% 753,070 3.89%
01/01/06 9,147 1.05% 779,869 3.56%
01/01/07 9,161 0.15% 801,678 2.80%
01/01/08 9,228 0.73% 817,517 1.98%
01/01/09 9,117 -1.20% 827,173 1.18%
01/01/10 9,264 1.61% 839,587 1.50%
01/01/11 9,321 0.62% 846,883 0.87%
01/01/12 8,906 -4.45% 850,006 0.37%
01/01/13 8,911 0.06% 857,882 0.93%
01/01/14 8,942 0.35% 873,092 1.77%
01/01/15 9,456 5.75% 874,264 0.13%
01/01/16 9,405 -0.54% 886,507 1.40%
01/01/17 9,492 0.93% 895,112 0.97%
01/01/18 9,482 -0.11% 905,801 1.19%
01/01/19 9,430 -0.55% 916,464 1.18%
01/01/20 8,680 -7.95% 917,553 0.12%
01/01/21 7,142 -17.72% 914,193 -0.37%
01/01/22 7,011 -1.83% 909,813 -0.48%
01/01/23 6,975 -0.51% 907,476 -0.26%
01/01/24 -100.00% -100.00%
01/01/25 -100.00% -100.00%
S:\Vol1\FINANCE\123R5\BUDGET\2023-2024\Appropriations\Gann worksheet 5 population changes update annually 2023- 2024.xls

Taft City CouncilMay 16, 2023

Taft City Council
May 16, 2023