Agenda — Taft City Council, September 5, 2023

TAFT CITY COUNCIL/SUCCESSOR AGENCY

JOINT REGULAR MEETING AGENDA
TUESDAY, SEPTEMBER 5, 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. PUBLIC HEARING – AN AMENDMENT OF THE CITY OF TAFT USER AND REGULATORY FEES FOR

VARIOUS CITY SERVICES
Recommendation – Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF TAFT, CALIFORNIA, AMENDING THE SCHEDULE OF USER AND REGULATORY FEES FOR VARIOUS CITY SERVICES, and 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.

2. CITIZEN REQUESTS/PUBLIC COMMENTS

COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY

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

3. COUNCIL STATEMENTS (NON-ACTION)

4. DEPARTMENT REPORTS

5. CITY MANAGER STATEMENTS

6. CITY ATTORNEY STATEMENTS

7. FUTURE AGENDA REQUESTS
********************************************************************************************************* City of Taft Council/Successor Agency Meeting
Agenda
September 5, 2023

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CONSENT CALENDAR ITEMS 8-11
All items listed on the Consent Calendar shall be considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless a member of the City Council requests specific items to be removed from the Consent Calendar for separate action. Any item removed from the Consent Calendar will be considered after the regular business items. Are there any items on the consent calendar that any member of the public would like to comment on?

8. MINUTES
August 15, 2023 Regular and Special
Recommendation – Approve as submitted.

9. PAYMENT OF BILLS
Warrant # 081823A Check No. 98353-98364 $ 54,064.66
Warrant # 081823 Check No. 98365-98405 $ 373,511.85
Warrant # 081823 Check No. 98406-98438 $ 57,408.27
Warrant # 082123 Check No. 98439-98440 $ 550.88
Recommendation – Approve payment of the bills.

10. ACCEPT PROPOSAL AND AWARD THE CITY OF TAFT TRANSIT ELECTRIFICATION PROJECT CML 5193 (045) AGREEMENT TO WALLACE GROUP
Recommendation – Motion to accept proposal and award the City of Taft Transit Electrification Project CML 5193 (045) Agreement to Wallace Group, and to authorize the Mayor to execute said agreement, find that the activity qualifies as a Categorical Exclusion per the National Environmental Policy Act (NEPA) as set forth in Section 23 USC 326, Section 23 CFR 771(d)(9), and 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.

11. AUTHORZING BY RESOLUTION THE USE OF AND APPLICATION FOR $15,378 IN FY 2023-24 FOR

THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM FOR TRANSIT PROJECTS Recommendation – Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVAL OF THE PROPOSED PROJECT LIST FOR THE FY 2023 – 2024 CALIFORNIA SENATE BILL 1-STATE OF GOOD REPAIR PROGRAM, and 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.
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12. ANNUAL MILITARY EQUIPMENT REPORT
Recommendation –

1. Review report

2. Motion to receive and file the Annual Military Equipment Report and 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
September 5, 2023

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CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Potential litigation pursuant to paragraph 2 or 3 of subdivision (d) of Section 54956.9 – one (1) potential case

ADJOURNMENT
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at (661) 763-1222 or [email protected] as soon as possible. Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.

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

That I am the Deputy City Clerk for the City of Taft; that an agenda was posted on a public information bulletin board located near the door of the Civic Center Council Chamber on August 31, 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 August 31, 2023, at Taft, California.

Signature _________
REVIEWED BY:

CITY CLERK: FINANCE DIRECTOR: CITY MANAGER:

City of Taft Agenda Report
DATE: SEPTEMBER 5, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

PUBLIC HEARING – AN AMENDMENT OF THE CITY OF TAFT USER AND REGULATORY FEES FOR

VARIOUS CITY SERVICES
SUMMARY STATEMENT:

On December 6, 2022, the City Council held a public hearing and adopted Resolution No. 4171-22 for a comprehensive update to establish a new User and Regulatory Fee schedule for all City of Taft departments. The new fees went into effect on March 1, 2023. During the transition period and after the effective date, it was found that some fees prior to March 1 did not carry over into the new fee schedule.

In amending the User and Regulatory Fee schedule to include the missing fees, City staff utilized the methodology and analysis prepared by ClearSource Financial Consulting that consulted on the new fees.

In particular, the Building Department found that several fees did not carry over:
- Swimming Pools and Spas
- Sign Permits
- Boarding and Demolition Fees
- Sewer Capacity and Connection Fees
- Plan Review Fees
All of the fees listed above, and other minor fee amendments for Planning, Public Works and Engineering, and Animal Control departments, were adjusted to an amount consistent with ClearSource’s methodology and hourly wage rates established for each department.

There are no proposed changes to fees for the Police Department, Code Enforcement, Administrative, Park and Facility Rentals, Sewer and Refuse Rates. The new and updated fees will become effective on November 1, 2023.

RECOMMENDED ACTION:

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

TAFT, CALIFORNIA, AMENDING THE SCHEDULE OF USER AND REGULATORY FEES FOR VARIOUS

CITY SERVICES

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
Amended User and Regulatory Fee Schedule
PREPARED BY: Mark Staples, Director, Planning & Community Development RESOLUTION NO. 4215-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT,

CALIFORNIA, AMENDING THE ADOPTED SCHEDULE OF USER AND

REGULATORY FEES FOR VARIOUS CITY SERVICES
WHEREAS, user and regulatory fees are established by the City Council; and WHEREAS, the City recently completed a study to identify the cost of providing various user and regulatory services and adopted Resolution No. 4171-22 on December 6, 2022, establishing the Master Schedule of User and Regulatory Fees, effective March 1, 2023; and WHEREAS, the study examined fee-related services provided by the City, the costs reasonably borne by the City in providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services; and WHEREAS, the City Council found that providing these services is of special benefit to applicants both separate and apart from the general benefit to the public; and therefore, in the interests of fairness to the general public, the City desires to better recover the costs of providing these services from applicants who have sought or require the City’s services by revising its schedule of fees; and
WHEREAS, the City Council found that the study provides adequate evidence to conclude that the revised fees do not exceed the cost to provide services for which the fees are charged; and
WHEREAS, the City Council hereby finds that the Master Schedule of User and Regulatory Fees requires amending to include fees for services in current regular use and established in prior editions of the schedule; and
WHEREAS, the City Council desires that annually the City Manager may update the fees based on the annual percentage change in the all-urban Consumer Price Index for Los Angeles-Long Beach-Anaheim, CA (CPI). If the CPI does not change or goes down in a given year, no change shall be made to the fee schedule that year; and WHEREAS, in adopting this Resolution, the City Council is taking action only on those fees for the services, programs or products set forth in the Master Schedule of User and Regulatory Fees, which have been modified from prior resolutions of the City Council. The remaining fees that have not been modified from prior resolutions shall remain in full force and effect.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAFT:

SECTION 1. The City Council hereby finds the recitals set forth above are true and correct.

Resolution No. 4515-23

Page 2 ends

SECTION 2. The City Council hereby adopts the fees, charges, and rates as set forth in the Master Schedule of User and Regulatory Fees, hereby incorporated by this reference.

SECTION 3. Any new or adjusted fees adopted by this Resolution shall go into effect on November 1, 2023.

PASSED AND ADOPTED on this 5th day of September, 2023.

Dave Noerr, Mayor
ATTEST:

Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA }
COUNTY OF KERN }
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 this 5th day of September, 2023, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

Yvette Mayfield, MMC
City Clerk
Master Schedule of User and Regulatory Fees
Effective March 1, 2023*
*Resolution No. 4171-22
Amended September 5, 2023
Effective November 1, 2023
Fees Page
PLANNING FEES 1
BUILDING FEES 3
PUBLIC WORKS ENGINEERING FEES 7
POLICE FEES 10
CODE ENFORCEMENT FEES 11
ANIMAL CONTROL FEES 12
ADMINISTRATIVE FEES 14
PARK AND FACILITY RENTAL FEES 15
SEWER WATES 18
REFUSE RATES 20
City of Taft
Table of Contents
Master Schedule of User and Regulatory Fees
City of Taft

MASTER FEE SCHEDULE - PLANNING FEES
Fixed Fee /
Minimum Fee
Initial
Deposit Charge Basis Note
1 Annexation $5,000 $7,500 Full Cost Recovery - Initial Deposit with Minimum Fee
2 Appeal $500 Fixed Fee
3 Conditional Use Permit - (Without
Negative Declaration)
$1,056 Fixed Fee
4 Conditional Use Permit - (With Negative
Declaration)
$1,760 Fixed Fee
5 Conditional Use Permit - (Amendment to
Existing Permit)
$880 Fixed Fee
6 Development Agreement $3,000 $3,000 Full Cost Recovery - Initial Deposit with Minimum Fee
7 Director's Permit $1,056 Fixed Fee
8 Environmental Review - CEQA Assessment
and Initial Study
$1,500 $1,500 Full Cost Recovery - Initial Deposit
with Minimum Fee
9 Environmental Review - CEQA Negative
Declaration
$7,000 $7,000 Full Cost Recovery - Initial Deposit
with Minimum Fee
10 Environmental Review - Mitigation
Monitoring Plan
$7,000 $7,000 Full Cost Recovery - Initial Deposit
with Minimum Fee
11 Environmental Review CEQA Mitigated
Negative Declaration
$10,000 $10,000 Full Cost Recovery - Initial Deposit
with Minimum Fee
12 Environmental Review - Environmental
Impact Report
$12,500 $12,500 Full Cost Recovery - Initial Deposit
with Minimum Fee
13 Extension of Time $600 $600 Full Cost Recovery - Initial Deposit with Minimum Fee
14 General Plan Amendment $5,000 $10,000 Full Cost Recovery - Initial Deposit with Minimum Fee
15 Lot Line Adjustment $1,500 $1,500 Full Cost Recovery - Initial Deposit with Minimum Fee
16 Map Review - Tentative or Revised Parcel
Map - (4 Lots or Less)
$1,000 $1,000 Full Cost Recovery - Initial Deposit
with Minimum Fee
17 Map Review - Tentative or Revised Tract
Map Review - (5 to 25 Lots)
$3,500 $3,500 Full Cost Recovery - Initial Deposit
with Minimum Fee
18 Map Review - Tentative or Revised Tract
Map Review - (More than 25 Lots)
$5,000 $5,000 Full Cost Recovery - Initial Deposit
with Minimum Fee
19 Map Review - Parcel Map Waiver $1,250 $1,250 Full Cost Recovery - Initial Deposit with Minimum Fee
20 Parcel Merger $1,500 $1,500 Full Cost Recovery - Initial Deposit with Minimum Fee
21 Pre-Application Review $352 Fixed Fee
22 Sign Plan Review - Temporary Sign $44 Fixed Fee
23 Sign Plan Review $176 Fixed Fee
24 Sign Program Review $528 Fixed Fee
Activity Description
City of Taft

MASTER FEE SCHEDULE - PLANNING FEES
Fixed Fee /
Minimum Fee
Initial
Activity Description Deposit Charge Basis Note
25 Site Plan Review $1,760 Fixed Fee
26 Specific Plan Preparation or Amendment $12,500 $12,500 Full Cost Recovery - Initial Deposit with Minimum Fee
27 Special Event Permit - Minor (Up to 200
people)
$528 Fixed Fee [a]
28 Special Event Permit - Major (More than
200 people)
$1,050 Fixed Fee [a]
29 Temporary Use Permit $88 Fixed Fee
30 Temporary Land Use Permit $1,056 Fixed Fee
31 Variance - Minor (per variance requested) $528 Fixed Fee 32 Variance - Major (per variance requested) $880 Fixed Fee 33 Zone Ordinance/Map Amendment $2,500 $5,000 Full Cost Recovery - Initial Deposit with Minimum Fee
34 Planning Staff $176 per hour
35 Building Staff $142 per hour
36 Engineering and Public Works Staff $170 per hour
*** The fees listed above assume a maximum of three iterations to applicant submittal. If more than three iterations are required, review of the fourth and subsequent iterations will be billed at the hourly rates identified above. [a] Base fee does not include costs of special event support personnel that may be required to assist during event preparation, commencement, and tear-down. Any event assistance provided will be billed hourly.

For services requested of City staff which have no fee listed in this Master Fee Schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity:

Overview of Fee Structure
Fees may be either fixed fees, or deposits with a minimum fee amount due. When a fee is deposit-based, the City will collect the initial deposit and bill against that deposit. The minimum total amount charged for deposit-based fees shall be the amount shown in the fixed fee / minimum fee column.

Use of Full Cost Recovery with Minimum Amount Due
For fees collected using Full Cost Recovery with Minimum Amount Due, the City will provide an accounting of internal costs and other related costs (e.g. consultant, County, attorney, etc.), to support any amounts billed in excess of the minimum amount due.

City of Taft

MASTER FEE SCHEDULE - BUILDING FEES
Fee Charge Basis Note
1 HVAC Change-Out - Residential $71 per permit
2 Residential Solar Photovoltaic System - Solar
a) 10kW or less $250 per permit
b) Above 10kW – per kW $15 per permit
3 Commercial Solar Photovoltaic System - Solar
a) 50kW or less $1,000 per permit
b) 50kW – 250kW – Base $1,000 per permit
c) 50kW – 250kW – per kW above 50kW $7 per permit
d) Above 250kW – base $2,400 per permit
e) Above 250kW – per kW $5 per permit
4 Service Panel Upgrade
a) Up to 200 amps $70 per permit
b) Over 200 amps and Under 400 amps $140 per permit
c) Over 400 Amps $210 per permit
5 Water Heater Changeout - Residential $35 per permit
6 Residential Re-Roof per 500 SF (Roof Area) $71
7 Temporary Power Pole $71 per permit
8 Window / Sliding Glass Door - Retrofit / Repair
a) Up to 5 $142 per permit
b) Over 5 See Permit Fee Table per permit
9 Block Wall / Retaining Wall
a) Up to 50 LF $284 per permit
b) each additional 50 LF or fraction thereof $71 per permit 10 Swimming Pools & Spas
a) Spa only $142 per permit
b) Swimming Pool only $568 per permit
c) Swimming Pool & Spa $710 per permit
A. Fees for Commonly Requested and Minor Miscellaneous Building Permit Types. Fees shown in this section (Section A.) include all applicable inspection, and plan review fees. Additional permit processing fees apply.

Additional fees may apply for services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California).

Fee Description
City of Taft

MASTER FEE SCHEDULE - BUILDING FEES
Fee Charge Basis Note
A. Fees for Commonly Requested and Minor Miscellaneous Building Permit Types. Fees shown in this section (Section A.) include all applicable inspection, and plan review fees. Additional permit processing fees apply.

Fee Description
11 All Signs
a) Sign - Wall Mounted Non-Illuminated $71 per permit
b) Sign - Wall Mounted Illuminated $142 per permit
c) Sign - Pylon and Monuments $284 per permit
12 Boarding Fees
a) Boarding Fee - Base $142 Each structure, for up
to 4 openings
b) Boarding Fee - Per Opening $71 Each structure with 5 or more openings
13 Demolitions
a) Foundation Only $142 per permit
b) Residential, 1 to 4 units $426 per permit
c) Residential, 5+ units & Commercial
Properties
$710 per permit
14 Sewer Capacity & Connection Fees
a) 2-Bedroom Residential $568 per permit
b) 3-Bedroom Residential $710 per permit
c) 4-Bedroom Residential $852 per permit
d) 5-Bedroom Residential $994 per permit
e) 6-Bedroom Residential $1,136 per permit
f) 7-Bedroom Residential $1,278 per permit
e) Connection Fee $5 per linear foot of
property frontage
City of Taft

MASTER FEE SCHEDULE - BUILDING FEES
Total Valuation Permit Fee
$1 to $2,000 $142.00
$2,001 to $25,000 $142.00 for the first $2,000 plus $18.52 for each add'l $1,000 or fraction thereof, to and including $1,000
$25,001 to $50,000 $568.00 for the first $25,000 plus $22.72 for each add'l $1,000 or fraction thereof, to and including $1,000
$50,001 to $100,000 $1,136.00 for the first $50,000 plus $11.36 for each add'l $1,000 or fraction thereof, to and including $100,000
$100,001 to $500,000 $1,704.00 for the first $100,000 plus $9.94 for each add'l $1,000 or fraction thereof, to and including $500,000
$500,001 to $1,000,000 $5,680.00 for the first $500,000 plus $5.68 for each add'l $1,000 or fraction thereof, to and including $1,000,000
$1,000,001 and up $8,520.00 for the first $1,000,000 plus $3.41 for each additional $1,000 or fraction thereof over $1,000,000
For permits for new construction, additions, tenant improvements or residential remodels requiring plumbing, electric, or mechanical review, the following percentages shall be added to the base permit fee Mechanical inspection fees = Base permit fee x .10
Determination of Valuation for Fee-Setting Purposes
Project valuations shall be based on the total value of all construction work, including all finish work, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation shall be set by the Building Official. For determining project valuations for new construction, the Building Official may use data published by the International Code Council (ICC) (building valuation data table, typically updated in February and August of each year). The final building permit valuation shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities.

Note: For construction projects with permit fees calculated using Section B, additional fees apply for permit issuance. Additional fees may apply for services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). Additional fees apply for plan review, when applicable.

B. Permit Fee for New Buildings, Additions, Tenant Improvements, Residential Remodels, and Mechanical, Electrical, and/or Plumbing Permits Not Identified Elsewhere in This Fee Schedule Plumbing inspection fees = Base permit fee x .10
Electrical inspection fees = Base permit fee x .10
City of Taft

MASTER FEE SCHEDULE - BUILDING FEES
$1 to $2,000 $71
$2,001 to $25,000 $71 plus 9.26
$25,001 to $50,000 $284 plus 11.36
$50,000 to $100,000 $568 plus 5.68
$100,001 to $500,000 $852 plus 4.97
$500,001 to $1,000,000 $2,840 plus 2.84
$1,000,001 and up $4,260 plus 1.70
Note
[b]
[a] Includes up to three plan reviews. The City will bill hourly for additional plan reviews as required.

C. Building Plan Review Fees
d) Alternate Design and Materials Review
(per hour)
e) Excess Plan Review Fee (4th and
subsequent reviews) (per hour)
f) Revisions of Approved Plans (per hour)
$142
$142
$142
Total Valuation Building Plan Review Fee [a]
for the first $2,000
for the first $25,000
per hour
per hour
for each add'l $1,000 or fraction
thereof, to and including $1,000
[b] For identical buildings built by the same builder on the same lot or in the same tract. for the first $50,000
for the first $100,000
for the first $500,000
for the first $1,000,000 for each add'l $1,000 or fraction thereof over $1,000,000
per hour
When applicable, plan review fees shall be paid at the time of application for a building permit.

The plan review fee is in addition to the building permit fee Activity Description Fee Charge Basis
b) Expedited Plan Review
c) Tract Home (Repeat Applications after
1st Permit of Same Production Unit)

1.5x standard plan
check fee
50% of first plan
review fee
for each add'l $1,000 or fraction
thereof, to and including $50,000
for each add'l $1,000 or fraction
thereof, to and including $100,000
for each add'l $1,000 or fraction
thereof, to and including $500,000
for each add'l $1,000 or fraction
thereof, to and including $1,000,000
City of Taft

MASTER FEE SCHEDULE - BUILDING FEES
Fee Note
1 Permit Issuance Fee $40
2 Strong Motion Instrumentation (SMI) Fee Calculation
a) Residential $0.50 or valuation x .00013
b) Commercial $0.50 or valuation x .00028
3 Building Standards (SB 1473) Fee Calculation (Valuation) a) $1 - $25,000 $1
b) $25,001 - $50,000 $2
c) $50,001 - $75,000 $3
d) $75,001 - $100,000 $4
e) Each Add'l $25,000 or fraction thereof Add $1
4 Temporary Certificate of Occupancy (per 30 Days) $142 5 Permit Extension $142
6 Damaged Building Survey (Fire, Flood, Vehicle Damage, Etc.) $248 Other Fees
7 Phased Inspection Fee (per inspection) $71
8 After Hours Inspection (per hour) (2-hour minimum) $170 9 Re-inspection Fee (2nd Time or More) (each) $71 [a]
10 Missed inspection Fee $71
11 Compliance Inspection Fee $142
12 Fees for Services Not Listed in this Fee Schedule (per 1/2 hour) $71 Violation Fees
13 Investigation Fee For Work Done Without Permits
(In addition to applicable permit fees)
equal to
permit fee
Refunds
14 Refunds
a) Fees Erroneously Paid or Collected by the City 100% refund b) Refund of Plan Review Fees - Prior to Plan Review Commencing up to 80% refund c) Refund of Permit Fees - Prior to Inspection Commencing up to 80% refund d) 180 Days After Payment of Fees no refund
15 Building Staff Hourly Fee $142
16 Planning Staff Hourly Fee $176
17 Engineering and Public Works Staff Hourly Fee $170
[a] Reinspection fee applies after the first re-inspection.

D. Other Fees
Activity Description
For services requested of City staff which have no fee listed in this Master Fee Schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity:

City of Taft

MASTER FEE SCHEDULE - PUBLIC WORKS ENGINEERING AND ENCROACHMENT FEES Fixed Fee /
Minimum Fee
Initial
Deposit Charge Basis Note

SPECIALIZED PERMIT PROCESSING
(specialized permits include plan check, permit
issuance, and inspection fees)

1 Utility Service Providers - Connection / Service / Repair up to 100 SF
$255 Fixed Fee
2 Catch Basin / Dry Well / Manhole / Vault / Concrete Pads / Pole Set or Removal (per location)
$255 Fixed Fee
3 Trenching/Excavation for Infrastructure Installation
a) Bell Hole
i) Application Review Fee $85 Fixed Fee
ii) Permit and Inspection Fee (Greater of A or B)
a) Minimum fee per location $255 Fixed Fee
b) Fee per bore / pit / pothole $170 Fixed Fee
b) Street / Trench Cut
i) Application Review Fee $85 Fixed Fee
ii) Permit and Inspection Fee (Greater of A or B)
a) Minimum fee per location $255 Fixed Fee
b) Fee Per 100 SF $170 Fixed Fee
4 Driveway
a) Residential
i) First Approach $200 Fixed Fee
ii) Each Additional Approach $125 Fixed Fee
b) Commercial
i) First Approach $300 Fixed Fee
ii) Each Additional Approach $150 Fixed Fee
5 Curb, Gutter, Sidewalk
a) Residential $200 Fixed Fee [a]
b) Commercial $300 Fixed Fee [a]
6 Other General Temporary Encroachment Permit [b]
a) For Work Expected to Last No More than Two Weeks [b] i) Base Fee - Up to Two Days $255 Fixed Fee
ii) Each Additional Day $85 Fixed Fee
b) For Work Expected to Last More than Two Weeks $1,360 $1,360 Deposit with Minimum Fee
[b]
1 Encroachment Permit - Residential
a) Review Fee $85 [a]
b) Permit and Inspection Fee $85 [a]
2 Encroachment Permit - Minor
a) Review Fee $85 [b]
b) Permit and Inspection Fee $170 [b]
3 Encroachment Permit - Major
a) Review Fee $340 [b]
b) Permit and Inspection Fee - Up to 4 Inspections $680 [b] 7 Agreement for Private Improvements In the Right-of-Way (Permanent Encroachment)
$255 Fixed Fee
Activity Description
City of Taft

MASTER FEE SCHEDULE - PUBLIC WORKS ENGINEERING AND ENCROACHMENT FEES Fixed Fee /
Minimum Fee
Initial
Activity Description Deposit Charge Basis Note

MAP REVIEW, IMPROVEMENT PLAN CHECK AND

INSPECTION

8 Grading and Drainage
a) Plan Review
i) Site < 10,000 SF (gross site area) $680 $680 Deposit with Minimum Fee
ii) Site ≥ 10,000 SF and < .5 Acre (gross site area) $1,020 $1,020 Deposit with Minimum Fee
iii) Site ≥ .5 Acre (gross site area)
a) First Acre $1,360 $1,360 Deposit with
Minimum Fee
b) Each Additional Acre $170 $170 Deposit with
Minimum Fee
b) Permit and Inspection
i) Site < 10,000 SF (gross site area) $340 Fixed Fee
ii) Site ≥ 10,000 SF and < .5 Acre (gross site area) $680 Fixed Fee iii) Site ≥ .5 Acre (gross site area)
a) First Acre $680 Fixed Fee
b) Each Additional Acre $170 Fixed Fee
9 All Other Improvement - Plan Check
a) Engineer's Estimate - Up to $50,000 $680 $680 Deposit with Minimum Fee
b) Engineer's Estimate - Over $50,000 $1,500 3% of Eng.

Cost Est.

Deposit with
Minimum Fee
10 All Other Improvements - Inspection
a) Engineer's Estimate - Up to $50,000 $680 Fixed Fee
b) Engineer's Estimate - Over $50,000 3% of Eng. Cost
Est.

Fixed Fee
11 Map Review
a) Tentative Map See Planning Fee
Schedule
See Planning
Fee Schedule

b) Final Map
i) Parcel Map $1,020 $1,020 Deposit with
Minimum Fee
ii) Tract Map $1,700 $1,700 Deposit with
Minimum Fee
c) Lot Line Adjustment / Parcel Merger $2,040 $2,040 Deposit with Minimum Fee
d) Certificate of Compliance / Certificate of Correction $680 $680 Deposit with Minimum Fee
e) Monumentation Deposit (Refundable) 100% of
Surveyor Costs
Deposit
12 Site Plan Review $1,020 $1,020 Deposit with
Minimum Fee
City of Taft

MASTER FEE SCHEDULE - PUBLIC WORKS ENGINEERING AND ENCROACHMENT FEES Fixed Fee /
Minimum Fee
Initial
Activity Description Deposit Charge Basis Note

ENGINEERING AND PUBLIC WORKS BUILDING PLAN
CHECK

13 Engineering and Public Works Building Plan Check
a) Alterations/Additions - Residential $85 Fixed Fee
b) New Construction - Single Family Residential $170 Fixed Fee c) New Construction - 2-4 Residential Units $255 Fixed Fee d) New Construction - 5+ Residential Units $680 Fixed Fee e) Alterations/Additions - Non-Residential $170 Fixed Fee f) New Construction - Non-Residential < 20K SF $340 Fixed Fee g) New Construction - Non-Residential ≥ 20K SF $680 Fixed Fee

STREET / ADDRESS RENAMING / VACATION /

EASEMENTS

14 Re-Address Processing $170 Fixed Fee
15 Street Re-Name Processing $510 Fixed Fee
16 Vacation of Public Streets and Easements or
Irrevocable Offers to Dedicate
$1,500 $3,000 Deposit

OVERSIZE LOAD PERMIT / TRAFFIC CONTROL PLAN
REVIEW

17 Oversize Load Permit
a) One-Day $16 Fixed Fee
b) Annual $90 Fixed Fee
18 Traffic Control Plan Review Only
a) Minor (Lane Closures) $85 Fixed Fee
b) Major (Detours) $340 Fixed Fee

SPECIAL FINANCING DISTRICT
19 Special Financing District Formation / Annexation
(e.g. CFD, AD)
$5,000 $10,000 Deposit

ENGINEERING MAPS, PLANS, PROJECT

SPECIFICATIONS

20 Engineering Maps and Plans
a) Aerial Map/Plan/Plot (24" x 36" and larger) $20 Fixed Fee b) Map Research Fee $20 Fixed Fee
21 Project Plans and Specifications
a) General Conditions, Standard Provisions & Details $15 Fixed Fee b) General Conditions, Standard Provisions & Details
(Per Page)
$0.10 Fixed Fee
22 Document Imaging / Reproduction of Microfiche
a) Plan Sheet (per sheet) $2 Fixed Fee
b) 8.5" x 11" or 11" x 17" (per page/sheet) $1 Fixed Fee City of Taft

MASTER FEE SCHEDULE - PUBLIC WORKS ENGINEERING AND ENCROACHMENT FEES Fixed Fee /
Minimum Fee
Initial
Activity Description Deposit Charge Basis Note
OTHER
23 Extension of Time (per extension, if not separately
charged against deposit)
$170 Fixed Fee
24 Plan Revision (per revision, if not separately charged against deposit)
$85 Fixed Fee
25 Excess Plan Review (per hour, if not separately charged against deposit)
$170 Fixed Fee
26 Hourly Rate for Services Not Identified in this Schedule, Other Inspection, Missed/Excess Inspections, Re-

a) In-House Engineering / PW Staff $170 Per Hour
b) Contract Service Support Time & Mat'ls +
15%
Fixed Fee
c) Attorney / Other Professional Services Time & Mat'ls Fixed Fee 27 Appeal See Planning Fee
Schedule
Fixed Fee
28 Failure to Restore Public Improvements as Required (per day)
$150 Per Day
29 Commencing Work Without a Permit or Work Different
than Authorized by Permit
2x fees Double fees
Overview of Fee Structure
Fees may be either fixed fees, or deposits with a minimum fee amount due. When a fee is deposit-based, the City will collect the initial deposit and bill against that deposit. The minimum total amount charged for deposit-based fees shall be the amount shown in the fixed fee / minimum fee column.

Use of Full Cost Recovery with Minimum Amount Due
For fees collected using Full Cost Recovery with Minimum Amount Due, the City will provide an accounting of internal costs and other related costs (e.g. consultant, County, attorney, etc.) to support any amounts billed in excess of the minimum amount due.

Note: Deposit amounts listed are typical minimum amounts. The City reserves the right to request a different deposit (lower or higher) based on complexity of project or frequency of inspections needed. [a] Homeowner improvements involving repair of curb, gutter or sidewalk in right-of-way, fees may be waived by Public Works Director. For combination driveway, curb, gutter, sidewalk permits to be inspected at same time, only use driveway permit for fee calculation.
[b] General encroachment work includes any activity within the public right of way. Fixed fee permit applies to typical utility work with standard WATCH manual traffic control. More complex work requiring additional plan check/traffic control, plan review, testing, and/or inspection, may require additional fees billed hourly per the rates listed in Items 23 through 29 above requires a deposit.

City of Taft

MASTER FEE SCHEDULE - POLICE FEES
Fee Charge Basis Note
1 Permit to Carry a Concealed Weapon
a) Initial Process $100 per permit, plus pass
through of all outside
agency fees

b) Renewal Process $25 per permit, plus pass
through of all outside
agency fees

2 Fingerprinting $30 per set, plus pass
through of all outside
agency fees

3 Reports
a) Accident Report $15 per report
b) Crime Report $15 per report
4 Vehicle Release
a) 30-Day Impound $100 per release
b) Repossession Redemption $15 per repossession [a]
5 Citation Sign-Off $22 per sign-off
6 DUI Response
a) Urine Sample, Breath Test Only $225 per response [b] b) Blood Draw Required at Bakersfield Hospital $325 per response [b] c) Blood Draw Required On-Site Using Nurse $325 per response [b] 7 False Alarm Response
a) First (within a 12-month period) $0 per response
b) Second (within a 12-month period) $0 per response
c) Third (within a 12-month period) $50 per response
d) Fourth and Each Subsequent (within a 12-
month period)
$100 per response
8 Sworn Staff $119 per hour
9 Non-Sworn Staff $84 per hour
[a] Fee set by State of California.
[b] Does not include fees incurred by outside service providers.

Activity Description
For services requested of City staff which have no fee listed in this Master Fee Schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity:

City of Taft

MASTER FEE SCHEDULE - CODE ENFORCEMENT FEES
Fee Charge Basis Note
1 Code Enforcement Violations Resolved/Abated by
the Property Owner

a) After initial notice $0
b) After more than one notice received $125 each
2 Code Enforcement Violations Resolved/Abated by
the City
$325 each, plus external
service provider costs, if
any

3 Code Enforcement $125 per hour
Activity Description
For services requested of City staff which have no fee listed in this Master Fee Schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity:
*** Code enforcement violations include substandard conditions/nuisances linked to buildings, vehicles, weeds, etc.

City of Taft

MASTER FEE SCHEDULE - ANIMAL CONTROL FEES
Fee Charge Basis Note
1 Licensing
a) Dog - Altered - Annual $15 each
b) Dog - Altered - Three Year $30 each
c) Dog - Unaltered - Annual $60 each
d) Dog - Unaltered - Three Year $120 each
e) Penalty if Unpaid within 30 Days $15 each
f) Lost Tag Replacement $5 each
2 Adoption
a) Dog $85 each, plus veterinary
fees

b) Cat $45 each, plus veterinary
fees

3 Redemption $30 each
4 Impoundment
a) Licensed Animal
i) Unaltered First Impound $25
ii) Altered First Impound $15
iii) Second Impound $80
iv) Third Impound and Subsequent Impounds $160
b) Unlicensed Animal
i) First Impound $40
ii) Second Impound $80
iii) Third Impound and Subsequent Impounds $160
c) Dangerous Animals
i) First Impound $100
ii) Second Impound $200
iii) Third Impound and Subsequent Impounds $400
d) Impound Fine for Nonspayed or Unneutered
i) First Impound $35 [a]
ii) Second Impound $50 [a]
iii) Third Impound and Subsequent Impounds $100 [a]
5 Vicious Animal $125 each
6 Food and Care Per Day
a) Dogs and Cats $15 per day
b) Other $30 per day / treatment
Activity Description
City of Taft

MASTER FEE SCHEDULE - ANIMAL CONTROL FEES
Activity Description Fee Charge Basis Note
7 Disposal of Dead Animals Upon Owner's Request
a) Under 100 pounds $30 each
b) 100 pounds or more $60 each
8 Dogs and Cats Released to City by Owner $40 each
9 Kennel Permit $100 each, plus $2 per dog
10 Animal Control Staff $100 per hour

[a] Food and Agriculture Code Sections 30804.7 and 31751.7. These amounts are in addition to impound fees.

City of Taft

MASTER FEE SCHEDULE - ADMINISTRATIVE FEES
Fee Charge Basis Note
1 Black & White (8.5" x 11") Copy of Identifiable
Record
$0.25 per single sided page
2 Color Copy or 11" x 17" Copy of Identifiable
Record
$0.50 per single sided page
3 Documents Prepared by Outside Vendor actual cost [a]
4 Prepare Records that Require Data Compilation,
Extraction, or Programming to Produce the
Record
$80 per hour, plus per page
fees as shown above

5 Flash Drive / DVD Provided by City $10 per device
6 Non-Sufficient Funds / Returned Check 25 first transaction; $35 each additional
[b]
7 City Clerk $80 per hour
[a] Pass-through of outside vendor fees.
[b] Fee set by California Civil Code Sec. 1719.

City of Taft

MASTER FEE SCHEDULE - PARK AND FACILITY RENTAL FEES
Fee Charge Basis Note
Veteran's Memorial Park
1 Park Pavillion Rental $45 per day, per rental site
2 Alcohol Use Permit $25 per permit
3 Public Works Maintenance Staff $80 per hour
4 Facility Attendant / Custodial / Janitorial $25 per hour Activity Description
For services requested of City staff which have no fee listed in this Master Fee Schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity:

City of Taft

MASTER FEE SCHEDULE - PARK AND FACILITY RENTAL FEES
Fee Charge Basis Note
1 Council Chamber Rental $40 per hour
2 Conference Room Rental $15 per hour
3 Facility Attendant for After-Hours Facility Rental Overtime Rate 4 Rental and Set-up of City Supplied Laptop and
Projector
$50 each
5 Public Works Maintenance Staff $80 per hour
6 Facility Attendant / Custodial / Janitorial $25 per hour Activity Description
For services requested of City staff which have no fee listed in this Master Fee Schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity:

City of Taft

MASTER FEE SCHEDULE - PARK AND FACILITY RENTAL FEES
Fee Charge Basis Note
1 Processing Fee (non-refundable) $50
2 Rental Fee (minimum 2 hours, event shall not go
past 12 AM)
$100 per hour
3 Deposit without Alcohol (refundable) $250
4 Deposit with Alcohol (refundable) $500
5 Public Works Maintenance Staff $80 per hour
6 Facility Attendant / Custodial / Janitorial $25 per hour Activity Description
*Set up time and clean up time are to be included in total hours reserved. *Set up the day prior to the event, if the facility is available (additional charges will apply).

Oildorado Room (Capacity: 124 inside / 96 Patio)
City of Taft

MASTER FEE SCHEDULE - SEWER RATES
FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25
Date Effective 7/1/2021 7/1/2022 7/1/2023 7/1/2024
Bi-Monthly Rate1
Single-Family Residential ( per Home) $67.91 $74.39 $81.49 $89.27 Multi- Family( per Dwelling Unit) $50.65 $55.48 $60.78 $66.57 Apartments ( per Dwelling Unit) $50.08 $54.86 $60.09 $65.83 Hotels, Motels ( per Room) $31.28 $34.27 $37.54 $41.12
Mobile Home Park( per Space) $62.00 $67.91 $74.39 $81.49 Restaurant and/ or Bars ( Per Seat) $13.50 $14.78 $16.19 $17.74 Service Station& Garages w/ o Car Wash (per
Business)
$139.44 $152.75 $167.32 $183.28
Service Station& Garages w/ Car Wash( per
Business)
$139.44 $152.75 $167.32 $183.28
Car Wash Facilities( per Business) $203.04 $222.41 $243.63 $266.87 Commercial Laundries & Launderettes ( per
Washer)
$22.21 $24.33 $26.66 $29.20
Business Not Classified ( per 5 employees) $52.54 $57.55 $63.04 $69.05 Theater( per 100 seats) $28.37 $31.08 $34.04 $37.29
Offices( per Office) $39.39 $43.15 $47.26 $51.77
Churches ( per Parcel) $62.74 $68.73 $75.29 $82.47
Churches w/ Rectory( per Parcel) $67.91 $74.39 $81.49 $89.27 Hospitals/ Rest Homes/ Prison ( per Bed) $33.96 $37.20 $40.75 $44.63 Schools- Elementary( per Student) $1.69 $1.85 $2.02 $2.22 Schools- High School & College( per Student) $2.61 $2.86 $3.13 $3.43 Swimming Pool ( per 10, 000 Gallons) $1.60 $1.75 $1.92 $2.10 Campground( per Space) $31.28 $34.27 $37.54 $41.12
1 Bi- Monthly rates shown are per parcel unless otherwise indicated by unit shown in parentheses.

Further details of the rates shown in Exhibit A of this section for fiscal year 2021- 22 1 Single- Family Units: $67. 91 per home per bi- monthly period or $407. 46 per home per year. 2 3 Apartments: $50.08 per dwelling unit per bi-monthly period or $300.48 per dwelling unit per year. 4 Hotels And Motels: $31.28 per room per bi-monthly period or $187.68 per room per year. 5 6
7 Service Stations And Garages With Or Without Car Washes: $139.44 per bi- monthly period or $836.64 per year. 8 Car Wash Facilities: $203.04 per business per bi- monthly period or $1, 218.24 per business per year.

Mobile Home Parks: $62.00 per space per bi- monthly period or $372.00 per space per year based on yearly average occupancy in the preceding year.

Restaurants and/ or Bars: $13.50 per seat of seating capacity per bi-monthly period or $81.00 per seat of seating capacity per year, with a minimum of twice the single-family residential rate, but not to exceed 4 times the single- family residential rate.

Multi-Family; Two-, Three-, And Four-Units: $50. 65 per dwelling unit per bi-monthly period or $303. 90 per dwelling unit per year.

City of Taft

MASTER FEE SCHEDULE - SEWER RATES
9 Commercial Laundries And Launderettes: $22.21 per washer per bi-monthly period or $133.26 per washer per year. 10 11
12 Offices: $39.39 per office per bi-monthly period or $236.34 per office per year. 13 Churches: $62.47 per parcel per bi-monthly period or $374.82 per parcel per year. 14 Churches With Rectory: $67.91 per parcel per bi-monthly period or $407.46 per parcel per year. 15 Hospitals/Rest Homes/Prison: $33.96 per bed per bi-monthly period or $139.32 per bed per year. 16 17
18 Swimming Pool: $1.60 per 10,000 gallons per bi-monthly period or $9.60 per 10,000 gallons per year. 19 20
(A)
(B)
(C)
(D)
(E)
(F)
The Council of the City of Taft transfers the function of collection of sewer charge assessments section to the County Tax collector Pursuant to Article 1 ( Section 51500 et. seq.) of Chapter 2, Part 2, division I of Title 5 of the California Government Code to be billed with property taxes. In all other cases, the charges shall be collected from the tenant or property owner by the City on bi-monthly basis, and should the tenant neglect to pay the fee, such fee shall be paid by the property owner or become a lien against the property.

For any special conditions not otherwise provided herein, the City council may investigate and determine a reasonable fee for the sewer service rendered, and its determination shall be final and conclusive. Special charges shall be collected from the tenant or property owner by the City on a periodic basis, and should tenant neglect to pay the fee, such fee shall be paid by the property owner or become a lien against the property.

Penalties: A ten percent( 10%) late charge( or$ 1. 00 whichever is greater) will be added to unpaid bills after thirty days from due date.

Said late charge and additional penalties as specified in the Health and Safety code shall be made on the unpaid balance of the bill.

Connection Fees: Any person, prior to connecting a building lateral to any public sewer which has been constructed at no cost to the abutting property, shall be required to pay a connection charge in addition to any other fees or charges required by the building and plumbing codes of the city and by this chapter. The connection charge for such parcels shall be the sum of five dollars ($5.00) per assessable front foot. Assessable front footage in the case of interior rectangular parcels having a depth equal to or greater than one hundred feet (100') shall be the actual frontage of the parcel on the public street right of way. The assessable front footage for corner parcels, parcels having a depth less than one hundred feet (100') and irregularly shaped parcels shall be a dimension which equitably represents the benefits the parcels received by virtue of the public sewer in relation to that received by similarly situated rectangular parcels.

Business Not Classified: Where the number of workers is 5 or less, $52.54 per bi-monthly period or $315.24 per year, and where the number of workers is more than 5, an additional $10.51 per bi-monthly period or $63.04 per year for each additional worker over 5.

Theaters: $28.37 per 100 seats per bi-monthly period or $170.22 per year, plus $2.84 per 10 seats per bi-monthly period over 100 seats or $17.02 per 10 seats per year over 100 seats.

Sewer Capacity Fees: The sewer capacity fee for all new construction requiring new sewer connection shall be charged at the rate of two dollars eighty five cents ($2.85) per gallon per day or an equivalent single-family dwelling unit charge, and shall be collected as part of the building permit fee. (Ord. 641-96, 6-18-1996, eff. 7-1-1996) Sewer User Charges: The service rates will be billed annually on the County property tax bill for single-family dwellings, duplexes, triplexes, multi-family dwellings, and mobile home parks. In all other cases, the City will bill the owner of each parcel directly on a bi-monthly basis.

Schools/ Elementary: $1.69 per student/faculty/staff per bi-monthly period or $10.14 per student/faculty/staff per year, based on average daily attendance.

Schools/ High Schools And College: $0.89 per student/faculty/staff per month or $10.68 per student/faculty/staff per year, based on average daily attendance.

Commercial Standby Charge: All commercial buildings that are vacant or not conducting day to day business will be charged a rate equal to the minimum residential rates as a standby charge. These charges will be added to the property tax roll and shall be collected at the same time and in the same manner as ordinary city taxes are collected. It is the responsibility of the property owner to notify the city if the building becomes occupied with an operational business, removed or condemned by providing documentation to such and to request to have the charge removed from the property tax roll; any valid refund requested will be equal to the lesser of 12 months or when the building was removed or condemned.

Campground: $31.28 per space per bi-monthly period or $187.68 per space per year, based on average monthly occupancy.

City of Taft

MASTER FEE SCHEDULE - REFUSE FEES
FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25
Date Effective 7/1/2021 7/1/2022 7/1/2023 7/1/2024
Bi-Monthly Rate
Single-Family Residential (per Home) $55.06 $64.78 $76.23 $89.70 Multi- Family (per Dwelling Unit) $55.06 $64.78 $76.23 $89.70

TAFT CITY COUNCIL/SUCCESSOR AGENCY

JOINT REGULAR AND SPECIAL MEETING

MINUTES
AUGUST 15, 2023
The August 15, 2023, regular joint meeting and special meeting of the Taft City Council/Taft Successor Agency, held in the Council Chamber at Taft City Hall, 209 East Kern Street, Taft, CA 93268, was opened by Mayor Dave Noerr at 6:00 PM. The Pledge of Allegiance was led by Mayor Noerr invocation given by Pastor Joey Pittman.

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

1. CERTIFICATE OF COMMENDATION – EDITH LAURIN

2. PUBLIC HEARING ON COSTS AND PLACEMENT OF LIENS ON ABATED PROPERTIES The public hearing was opened at 6:15 PM to receive public input, receiving none, the public hearing was closed.

Motion: Motion by Krier, seconded by Waldrop to adopt the following resolutions and 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.
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT

APPROVING AND CONFIRMING THE COSTS FOR THE ABATEMENT OF THE NUISANCE AT 122 E. KERN STREET, TAFT, CA, APN# 032-072- 01-9 IN THE AMOUNT OF $ 11,971.46. (Resolution No. 4208-23) • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT

APPROVING AND CONFIRMING THE COSTS FOR THE ABATEMENT OF THE NUISANCE AT 130 KERN ST., TAFT, CA, APN# 031-460-21-5 IN THE AMOUNT OF $ 3,358.54. (Resolution No. 4209-23)
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT

APPROVING AND CONFIRMING THE COSTS FOR THE ABATEMENT OF THE NUISANCE AT 329 CENTER STREET, TAFT, CA, APN# 031-020- 01-9 IN THE AMOUNT OF $ 2,307.23. (Resolution No. 4210-23) • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT

APPROVING AND CONFIRMING THE COSTS FOR THE ABATEMENT OF THE NUISANCE AT 401 CENTER ST., TAFT, CA, APN# 031-040-12-4 IN THE AMOUNT OF $ 1,977.07. (Resolution No. 4211-23)
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT

APPROVING AND CONFIRMING THE COSTS FOR THE ABATEMENT OF THE NUISANCE AT 405 CENTER STREET, TAFT, CA, APN# 031-040- 11-6 IN THE AMOUNT OF $ 9,429.20. (Resolution No. 4212-23) • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT

APPROVING AND CONFIRMING THE COSTS FOR THE ABATEMENT OF THE NUISANCE AT 429/431 CENTER ST., TAFT, CA, APN# 031-040- 01-7 IN THE AMOUNT OF $ 8,210.68. (Resolution No. 4213-23) AYES: Krier, Waldrop, Chavira Noerr
PASSED: 4-0
City of Taft Council/Successor Agency Meeting
Minutes
August 15, 2023

Page 2 of 4 ends

3. CITIZEN REQUESTS/PUBLIC COMMENTS
There was none.

4. COUNCIL STATEMENTS (NON-ACTION)
Council Member Waldrop encouraged people to maybe take different routes if possible,to help alleviate congestion with back-to-school traffic.

Council Member Chavira also talked about back-to-school, encouraged parents to have a role in their children’s education and shared some relevant quotes.

Mayor Pro Tem Krier reminded everyone that the children are the future and encouraged local involvement and attendance at Council meetings.

Mayor Noerr also spoke about back-to-school safety.

5. PLANNING COMMISSION REPORT
Planning Commissioner, Jerry Livingston, reported that the Commission is still working on reviewing the Housing Element update.

6. DEPARTMENT REPORTS
Police Chief, Damon McMinn reported on back-to-school traffic congestion and planned police presence during the first days.

7. CITY MANAGER STATEMENTS
There was none.

8. CITY ATTORNEY STATEMENTS
There was none.

9. FUTURE AGENDA REQUESTS
There was none.
********************************************************************************************* CONSENT CALENDAR ITEMS 10-16
Motion: Moved by Krier, seconded by Chavira to approve consent calendar items 10-

16. AYES: Krier, Waldrop, Chavira, Noerr
PASSED: 4-0
City of Taft Council/Successor Agency Meeting
Minutes
August 15, 2023

Page 3 of 4 ends

10. MINUTES
August 1, 2023
Recommendation – Approve as submitted.

11. PAYMENT OF BILLS
Warrant # 072823 Check No. 98305 $ 160,311.00
Warrant # 080423 Check No. 98306-98345 $ 372,028.94
Warrant # 080423A Check No. 98346-98352 $ 9,604.34
Recommendation – Approve payment of the bills.

12. APPROVAL OF STREET CLOSURE FOR THE WEST SIDE RECREATION AND PARK

DISTRICT TRUNK-OR-TREAT EVENT
Recommendation – Motion to adopt a resolution entitled RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT AUTHORIZING THE STREET CLOSURE FOR THE 2023 TRUNK-OR-TREAT EVENT (Resolution No. 4214-23) and 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. MONTHLY REPORT FOR KERN COUNTY STATION 21- JULY 2023 Recommendation – Receive and file the monthly report for July 2023 from Kern County Fire Truck Number 21 and 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. DIETITIAN CONTRACT FOR TAFT COMMUNITY CORRECTIONAL FACILITY Recommendation – Motion to ratify the agreement with Registered Dietitian Barbara A Wakeen, MA, RDN, ID dba Correctional Nutrition Consultants, Ltd. and 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. FRANCHISE AGREEMENT – WESTSIDE WASTE MANAGEMENT CO., INC. – AMENDMENT #2 TO SECTION 11.1 COMPENSATION FOR BASIC RESIDENTIAL SERVICE Recommendation – Motion to authorize the Mayor to sign the Amendment #2 to the Franchise Agreement between the City of Taft and Westside Waste Management Company, Inc. and 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. TRAVEL TO NEVADA FOR THE ANNUAL RIMS CONFERENCE FOR TWO POLICE

DEPARTMENT PERSONNEL
Recommendation – Motion to approve out of state travel for Tanya Spradlin and Jeri Coulter to the Annual RIMS Conference in Stateline Nevada for the week of October 9, to October 13, 2023 and 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
August 15, 2023

Page 4 of 4 ends

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

SPECIAL MEETING

1. APPROVE TRAVEL EXPENSE FOR COUNCIL MEMBER WALDROP TO ATTEND THE

LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND SELECT A VOTING

DELEGATE
Motion: Moved by Noerr, seconded by Krier to approve funds from City Council training budget for registration, meals, transportation, and other incidental expenses for Council Member Waldrop, to attend the 2023 League of California Cities Annual Conference and the League of California Cities Annual Business Meeting in Sacramento, appoint Council Member Waldrop as the Voting Delegate, and 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, Waldrop, Chavira, Noerr
PASSED: 4-0
At 6:33 PM the special meeting was adjourned, and the regular meeting was recessed in order to hold the Annual Taft Public Financing Authority (TPFA) meeting.

At 6:41 PM the meeting was reconvened and at 6:42 the regular meeting recessed to closed session.

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(b) – one (1) potential case B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (a) – Taft Union High School vs. City of Taft C. CONFERENCE WITH LABOR NEGOTIATOR, CRAIG JONES, CITY MANAGER Government Code 54957.6 – All units
 The City Council discussed in closed session those items agendized for closed session discussion and direction was given to staff and negotiators. No other reportable action was taken.

ADJOURNMENT - With no further business to conduct the meeting was adjourned at 7:04 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: September 5. 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

ACCEPT PROPOSAL AND AWARD THE CITY OF TAFT TRANSIT ELECTRIFICATION PROJECT CML 5193 (045) AGREEMENT TO WALLACE GROUP
SUMMARY STATEMENT:

The City was awarded Congestion Mitigation and Air Quality (CMAQ) grant funding for a Transit Electrification Project CML 5193 (045). In order to comply with local, state and federal regulations, and due to limited staffing and expertise, certain services are to be contracted out for the Project.

To accomplish this, the City published a Request for Proposals (RFP) for preliminary engineering, including environmental compliance, design, and bidding assistance for the Project.

No responses were received on the 1st round of the RFP and therefore a 2nd round was solicited.

Only one response was received to the 2nd round, and it was from Wallace Group. The Proposal was reviewed by a four-member review team and found to be comprehensive and responsive to the Project. Per guidelines, the City Manager/Public Works Director then opened the Cost Proposal and entered into negotiations with Wallace Group. The agreed upon total proposed for the services is $329,460.75.

Staff recommends accepting the proposal from Wallace Group and entering into an agreement for the amount of $329,460.75.

RECOMMENDED ACTION
Motion to accept proposal and award the City of Taft Transit Electrification Project CML 5193 (045) Agreement to Wallace Group, and to authorize the Mayor to execute said agreement, find that the activity qualifies as a Categorical Exclusion per the National Environmental Policy Act (NEPA) as set forth in Section 23 USC 326, Section 23 CFR 771(d)(9), and 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.

IMPACT ON BUDGET (Y/N): Yes
ATTACHMENT (Y/N): Yes – Agreement
PREPARED BY: City Manager

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CONSULTANT AGREEMENT
City of Taft Transit Electrification Project
CML 5193 (045)

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows: WALLACE GROUP Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be Erik Rutherford, PE The name of the “LOCAL AGENCY” is as follows: CITY OF TAFT The Contract Administrator for LOCAL AGENCY will be Craig Jones B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated 07/27/2023. The approved CONSULTANT’s Cost Proposal is attached hereto as Attachment “A” and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor, and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel.

CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third-party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this

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AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
CONSULTANT shall provide services to the City including, but not limited to; NEPA coordination and compliance documentation, preliminary engineering, design, engineering, surveying, mapping, as well as incidental services connected to and for the purpose of development and implementation of a Federal-aid, funded project.

The project will require coordination with Caltrans, FHWA, and/or other state, local and federal agencies. Project design shall meet all City Requirements and conform to the City and Caltrans standard specifications, current edition.

CITY will pay for direct project advertisement costs.

B. Project Management
a. The City Manager will serve as the contract manager and direct liaison between the Consultant and Caltrans District 6 Division of Local Assistance. The consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities includes but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City and consultant sub-contractors, and preparing all submissions for the City to submit to Caltrans Local Assistance and/or other agencies.

C. Environmental Compliance

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b. Coordinate with Caltrans Dist. 6 and schedule a field review of the site. c. Perform the site review, survey and study. Prepare and supply all reporting, presentations, documents, and mitigation requirements, etc. necessary to meet current NEPA environmental compliance requirements. Note: Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion.

City staff will prepare the CEQA document.
d. Coordinate with Caltrans Dist. 6 to determine if special studies will be required, i.e., cultural, archeological etc.
e. Prepare, submit, correct, edit and add information for the Exhibit 6-A Preliminary Environmental Study (PES) document and Area of Potential Effects (APE) map, as necessary.

D. Preliminary Engineering
a. Surveys and Mapping – review aerial photos, mapping and perform surveying necessary for preliminary engineering, design, cost estimates, and the level of environmental clearance. b. Prepare a right-of-way certification per Caltrans LAPM Exhibit 13-A or 13-B, as applicable. The project will be constructed in a City owned parcel, no right of way survey is anticipated for this project site.
c. Preliminary Engineering Studies – Develop general project locations and design concepts and related activities needed to establish the parameters for final design such as Geometrics, Geotechnical, Structural, Electrical, etc.
i. Submittals at 30% for Preliminary Engineer’s Report, 60% and 100% at Final Engineer’s Report.
d. Submit preliminary design and preliminary construction cost estimate to the City for review and comment.
e. Prepare exhibits, renderings, drawings and prepare presentations to City Staff and/or City Council.
f. Utility Coordination – Submit improvement plans to utility companies in accordance with their requirements. Coordinate utility relocations, if any, including relocation of utility poles, as needed.
g. Provide geotechnical services with field investigation borings, field samples, lab testing and recommendations for footings, slabs, etc.
h. Provide civil and structural engineering, for a complete design of steel structure to support photovoltaic system, foundations, demolition, asphalt, base improvements, drainage, grading, site improvements, etc.
i. Provide electrical engineering, for complete design of a photovoltaic microgrid system, EV chargers, and related infrastructure items, which can charge a full fleet of EV vans and power the Transit Center building.
j. On behalf of the City, apply for and obtain all required approvals and permits from all governing public agencies for the construction of the project.
k. Assist City in applying for and obtaining utility services and/or relocation of existing utilities necessary for project to be constructed and functional. l. Prepare construction plans, specifications and bidding documents for construction. (utilizing the current Caltrans Standards, as applicable). The Construction Plans, Specifications, Special Provisions and Bid Documents shall be adequate for obtaining construction bids in accordance with all applicable regulations and requirements of the pertinent Local/Federal/State funding entities.
m. Prepare a Preliminary Construction Cost Estimate for the project based on the final design report. The Preliminary Construction Cost Estimate shall be an itemized estimate, include all of the components necessary for the complete construction of the project. n. Provide an electronic copy of the final approved plans and specifications, and a hard copy of the final approved plans and specifications. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format.

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E. Construction Phase Authorization
a. Consultant shall prepare the Request for Authorization to Proceed with Construction package to advance project to construction using procedures outlined in the Caltrans Local Assistance ProceduresManual.

F. Bid Process
a. Assist the City in all aspects of the bidding process with construction and engineering firms, including but not limited:
1) Distribute plans and specifications to Contractors and Plan Rooms 2) Keep Plan holders list
3) Prepare addendums
4) Perform design revisions, additions, answers to questions, RFI’s, etc. 5) Attend and conduct pre-bid and site walk meetings
6) Review three lowest bids and their good faith DBE efforts 7) Prepare bid summary
8) Verify low bidder’s qualifications
9) Make recommendations for awarding the construction contract G. Subsurface Investigations
CONSULTANT has responsibility for making subsurface investigations. Soils testing and any other specialized services will be performed by CONSULTANT and/or their Sub-Consultant.

H. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT.

I. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

J. Checking Shop Drawings
Payment for checking shop drawings by CONSULTANT will be made under separate payment, and are NOT INCLUDED in the AGREEMENT fee.

K. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction will be made under separate payment, and are NOT INCLUDED in the AGREEMENT fee.

L. Documentation and Schedules
The CONSULTANT shall document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

M. Deliverables and Number of Copies
The CONSULTANT shall provide an electronic copy of the final approved plans and specifications, and a hard copy of the final approved plans and specifications. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format. If requested, additional copies shall be provided at reproduction cost.

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ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on September 5, 2023, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on September 5, 2024, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.

C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.

D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

CITY OF TAFT
209 E. Kern Street
Taft, CA 93268
E. The total amount payable by LOCAL AGENCY shall not exceed $329,460.75.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL

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AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The

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request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3)

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months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

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In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price.

If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such

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equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY,

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the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT. c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code.

The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

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3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of

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apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR

LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

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G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26).

To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

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CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 7.00 %. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2:

Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible

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E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation.

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• CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement.

CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher

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• Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1
st
-tier subconsultant
• Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to

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monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant

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portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: No later than the 10th of the month following the month of any payment(s), the CONSULTANT must submit an invoice for payment along with Exhibit 9-F: Monthly Disadvantaged Business Enterprise (DBE) Payment to the Caltrans Business Support Unit at [email protected]. Provide a copy to the LOCAL AGENCY administering the contract.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance:

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The City requires a minimum of Two Million Dollars ($2,000,000) Professional Liability Insurance, and General Liability Insurance; One Million Dollars ($1,000,000) Automobile Liability Insurance, and Workers' Compensation Insurance.

B. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.

2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.

3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.

C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

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ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and the Public Works Director, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

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Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information,

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or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

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B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY.

The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.]

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all

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solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.

Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.

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(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is

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necessary to make clear the purpose of Title VI.)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);

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• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.

Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be affected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

Wallace Group
Erik Rutherford, PE ,Project Manager
612 Clarion Ct.

San Luis Obispo, CA 93401
LOCAL AGENCY:

City of Taft
Craig Jones , Contract Administrator
209 E. Kern Street
Taft, CA 93268

Page 31 of 31 ends

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES
CITY OF TAFT CONSULTANT: WALLACE GROUP
_______________________ ___________________________
Dave Noerr, Mayor
Date: Date:

Attest: ________________________
Yvette Mayfield, MMC
City Clerk
Attachment "A"

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: SEPTEMBER 5, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

AUTHORZING BY RESOLUTION THE USE OF AND APPLICATION FOR $15,378 IN FY 2023- 24 FOR THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM FOR TRANSIT PROJECTS SUMMARY STATEMENT:

The City of Taft is an eligible project sponsor and may receive State Transit Assistance funding from the State of Good Repair Account (SGR) now or sometime in the future for transit projects. The statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations.

The city submitted a project list which included the replacement of rolling stock with electric vehicles and related infrastructure, but the list can be updated or modified as Transit needs change.

RECOMMENDED ACTION: Motion to adopt a resolution entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF TAFT APPROVAL OF THE PROPOSED PROJECT LIST FOR THE FY 2023 – 2024 CALIFORNIA SENATE BILL 1-STATE OF GOOD REPAIR PROGRAM and 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.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes – Resolution
PREPARED BY: Teresa Binkley, Finance Director
RESOLUTION NO. 4516-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVAL OF THE PROPOSED PROJECT LIST FOR THE FY 2023 – 2024 CALIFORNIA SENATE BILL 1 -STATE OF GOOD REPAIR PROGRAM
WHEREAS, the City of Taft is an eligible project sponsor and may receive State Transit Assistance funding from the State of Good Repair Account (SGR) now or sometime in the future for transit projects; and
WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 1 (2017) named the Department of Transportation (Department) as the administrative agency for the SGR; and
WHEREAS, the Department has developed guidelines for the purpose of administering and distributing SGR funds to eligible project sponsors (local agencies); and WHEREAS, the City of Taft wishes to delegate authorization to execute these documents and any amendments thereto to the City Manager, Human Resources/Assistant City Manager, Finance Director; and
WHEREAS, in order to qualify for the SB1-SGR funding allocation, the City of Taft is required to submit a proposed project list of California Department of Transportation (Caltrans) on an annual basis and for FY 2023-2024, City of Taft propose to fund the Replacement of Rolling Stock with Electric Buses and related infrastructure; and
WHEREAS, the City of Taft wishes to authorize the use of, and application for $15,378.00 in fiscal year 2023-2024 SB1-SGR funding to be used for the Replacement of Rolling Stock with Electric Buses and related infrastructure.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Taft authorize the use of, and application for $15,378.00 in fiscal Year 2023-2024 SGR funding to be used for the Replacement of Rolling Stock with Electric Buses and related infrastructure.

PASSED, APPROVED AND ADOPTED on this 5th day of September, 2023. _________________________________
Dave Noerr, Mayor
Attest:
_____________________________________
Yvette Mayfield, MMC
City Clerk
RESOLUTION NO: 4516-23

Page 2 of 2 ends

STATE OF CALIFORNIA }
COUNTY OF KERN }SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft, California, do hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting thereof held on the 5th day of September, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_____________________________________
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: SEPTEMBER 5, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

ANNUAL MILITARY EQUIPMENT REPORT
SUMMARY STATEMENT:

On September 30, 2021, AB 481 was signed into law to address the funding, acquisition, and use of military equipment. AB 481 requires adoption of a military equipment use policy by the Council, which happened on July 19, 2022 by Ordinance 847-22.

AB 481 requires that the law enforcement agency with the approved Military Equipment Use Policy submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body annually for review, as long as the equipment is available for use.

The attached report has been completed to meet the requirements of AB 481 and is now being submitted to the Council for review.

RECOMMENDED ACTION

1. Review report

IMPACT ON BUDGET (Y/N): Yes
ATTACHMENT (Y/N): Yes, Annual Military Equipment Report PREPARED BY: Chief of Police

POLICE CODE ENFORCEMENT ANIMAL CONTROL
The Taft Police Department
Celebrating 100 Years
1910 to 2010
Annual Military Equipment Report
Assembly Bill 481 (“AB 481”), codified at Sections 7070 through 7075 of the California Government Code, requires law enforcement agencies to obtain approval from their governing bodies of military equipment use policies before purchasing, raising funds for, or acquiring military equipment. This initial policy must be passed via ordinance, then reviewed and renewed by the governing body each year. AB 481 provides an expansive definition of “military equipment” that includes many items which law enforcement agencies use, deploy, and obtain on a regular basis. The law enforcement agency is required to return annually to provide a military equipment report (“Annual Report”) to the governing body and the public at large. The law enforcement agency is also required to host a community engagement meeting for members of the public to attend.

A Military Equipment Use Policy (“Policy”) governing the use of items that are deemed “military equipment” is required under AB 481. On July 19, 2022, the Taft City Council adopted a military equipment use policy, by Ordinance 847-22. Since then, the Taft Police Department has successfully maintained the military equipment in accordance with the policy. This Annual Report has been prepared in accordance with Government Code Section 7072(a). The Taft City Council will provide an open forum for the public on October 17, 2023, in the City Council Chambers, located at 209 E. Kern, Taft, CA.

The following constitutes the Taft Police Department’s Annual Report:
(1) 2006 AM General Armored Humvee
(a) Use of Equipment: None
(b) Concerns and Complaints Received: None.
(c) Internal Audit Results and Response: None.
(d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs): Approximately $500.00 (I) Funding source for FY 23-24: General Fund.
(e) Quantity: 1
(f) Future Acquisition Plans: None
(2) 2006 AM General Humvee
(a) Use of Equipment: Not used.
(b) Concerns and Complaints Received: None.
(c) Internal Audit Results and Response: None.

POLICE CODE ENFORCEMENT ANIMAL CONTROL
(d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs): Approximately $500.00. (i) Funding source for FY 23-24: General Fund.
(e) Quantity: 1
(f) Future Acquisition Plans: None.
(3) 2008 BAE Systems Armored MRAP
(a) Use of Equipment: Not used.
(b) Concerns and Complaints Received: None.
(c) Internal Audit Results and Response: None.
(d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs): Approximately $600.00. (i) Funding source for FY 23-24: General Fund.
(e) Quantity: 1
(f) Future Acquisition Plans: None.
(4) Firearms: M16A1, 556. Caliber Semi-automatic rifles. (a) Use of Equipment: Not used.
(b) Concerns and Complaints Received: None.
(c) Internal Audit Results and Response: None.
(d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs): $0.00. (I) Funding source for FY 23-24: N/A
(e) Quantity: 7
(f) Future Acquisition Plans: None.

Taft City CouncilSeptember 5, 2023

Taft City Council
September 5, 2023