RIVERSIDE PARK REGENERATION 119 Spec No.24-05
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor 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 the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
RIVERSIDE PARK REGENERATION 120 Spec No.24-05
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
RIVERSIDE PARK REGENRATION
Specification No.24-05
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within 180 WORKING days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer.
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may
RIVERSIDE PARK REGENERATION 121 Spec No.24-05
be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for
RIVERSIDE PARK REGENERATION 122 Spec No.24-05
each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this agreement.
1. Notice to Bidders
2. Wage Rates
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
RIVERSIDE PARK REGENERATION 123 Spec No.24-05
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 20____.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________
CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________
CITY CLERK, CITY OF UKIAH
By: ______________________________________________________________
CONTRACTOR
Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________
CITY ATTORNEY, CITY OF UKIAH
RIVERSIDE PARK REGENERATION 124 Spec No.24-05
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor).
Contractor is
_________________________________________________________________________________ ___________________________________________ for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________
RIVERSIDE PARK REGENERATION 125 Spec No.24-05
CITY OF UKIAH
Mendocino County, California
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________________ __________________________________________________________________________________, AS PRINCIPAL, and
__________________________________________________________________________________,
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City”, in the penal sum of dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated __________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______.
In the presence of:
WITNESS:
_________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
RIVERSIDE PARK REGENERATION 126 Spec No.24-05
WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix (Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.
The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal
RIVERSIDE PARK REGENERATION 127 Spec No.24-05
CITY OF UKIAH
Mendocino County, California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________ __________________________________________________________________________, AS PRINCIPAL, and
__________________________________________________________________________ __________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of
dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated _________________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______.
In the presence of:
WITNESS:
____________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
RIVERSIDE PARK REGENERATION 128 Spec No.24-05
WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix (Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.
The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal
RIVERSIDE PARK REGENERATION 129 Spec No.24-05
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond.
11. Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing.
RIVERSIDE PARK REGENERATION 130 Spec No.24-05
CITY OF UKIAH
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, _____________________________________________________________________ __________________________________________________________________, as PRINCIPAL and__________________________________________________________________________ ___________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ___________________________________________________________________________________ _________________________________________________________($____________________), (5 PERCENT OF THE FINAL CONTRACT AMOUNT)
to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the City Of Ukiah dated_________________________
for _________________________________________________________________________________ ____________________________________________________________________________________ WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, _________,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.
Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Surety
Agenda Item No: 14.b.
MEETING DATE/TIME: 5/15/2024
ITEM NO: 2023-3191
AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Resolution Approving a Cash Flow Financing Plan for City Expenditure-Driven Grant-Funded Projects.
DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director PRESENTER: Dan Buffalo, Finance Director
ATTACHMENTS:
1. Reimbursement Reso - Ukiah
Summary: The City has initiated Phase 4 of the Water Recycling Project, supported by a $53.77 million construction grant from the California State Water Resources Control Board. Due to state notification that reimbursements for costs incurred between April and July 2024 might be delayed until August 2024, the City is exploring a resolution that preserves the option to issue short-term, tax-exempt obligations to manage the interim financial needs, estimated between $10 and $15 million.
Background: Phase 4 of the Water Recycling Project is crucial for the City's infrastructure improvements. The potential delay in state reimbursement might create a financial gap, necessitating carrying of project costs during a period when reimbursement funds might be delayed. The potential cash flow issue during these months could pose a significant challenge, requiring the City to explore viable financial strategies to bridge this gap should it become necessary.
Discussion: The proposed resolution is a strategic response to the possible delay in state reimbursements.
By allowing the City to express its intent to potentially use proceeds from tax-exempt obligations, this resolution does not commit the City to issuing debt but maintains the flexibility to reimburse costs of such debt if the City Council chooses this path. This action ensures that the City can manage its cash flow effectively during the critical months of May to July 2024, when expenditures will occur, but reimbursements might be delayed. This approach, recommended by the City's registered municipal financial advisor, NHA Advisors, and supported by bond counsel, complies with IRS regulations and allows the City to secure the lowest possible borrowing costs should debt issuance be necessary.
If reimbursements are delayed, cash flow estimates through August project a deficit cash balance in the City's main operating accounts by July, requiring access to additional capital. Five alternatives have been considered in the event the City needs to draw on financial resources outside its regular operating funds, four of which involve borrowing:
1. Liquidation and use of idle funds in the City's investment portfolio. The portfolio includes $23 million in fixed income securities. The funds are available within 3-5 days, but drawing from the portfolio at this time would cost the loss of interest earnings estimated to be around $300K on a $10 million draw.
2. Temporary borrowing of existing unspent proceeds from the 2021 lease revenue bonds. These bonds were issued to pay for reconstruction of certain city streets and the underlying water and sewer infrastructure, and construction of a new corporation yard. Many of the unspent proceeds for streets and underlying water and sewer infrastructure have been expended or earmarked for projects already underway. Of the $15 million in bond proceeds allocated for the Corp yard, only $131,821 has been spent so far. It is projected that an
additional $123,000 will be used by the end of the fiscal year, leaving about $14,745,000 of the bond funds available. But in the opinion of the City's registered municipal financial advisor, NHA Advisors, and its bond counsel, there is risk in this strategy because these funds are secured by the general fund and specifically identified in the bond indenture for use in building a new corp yard facility; whereas, the recycled water project and the associated funding grant is the responsibility of the water fund. In effect, the general fund would need to request from the trustee (who currently holds the bonds) a draw for purposes not related to the project for which the bonds are intended and lend these unspent bond proceeds to the water fund for short-term cash flow purposes. Bond counsel has advised caution against this approach.
3. Bank line of credit. Offers the flexibility of accessing funds as needed without drawing the entire amount upfront, potentially reducing overall interest costs if the cash flow gap is shorter than expected. This option is typically quicker to arrange than issuing new bonds, allowing the City to respond rapidly to immediate cash flow needs. However, it may come with higher interest rates compared to other forms of debt, especially if the borrowing extends over a longer period. This option is an unlikely avenue, as banks are currently less interested in offering this.
4. Grant anticipation note/loan/bond. Grant Anticipation Notes (GANs) are specifically designed for scenarios where funding is secured through expected government grants, potentially making them a suitable match for the City's current situation. However, initial talks with rating agencies indicated evaluating such a structure would be problematic as the State Revolving Fund would not commit to, in writing, a guaranteed reimbursement schedule. Further, the underwriter suggested we would effectively need a backup revenue pledge.
5. Water revenue bond. Secured by future revenues from the city's water utility, potentially offering lower interest rates due to the perceived stability of these revenue streams. This option provides a long-term financing solution, which could be advantageous if project delays or cost overruns occur. However, these bonds depend on consistent revenue generation from water services; shortfalls could pose challenges in debt servicing.
Recommendation: Staff recommends that the City Council adopt the reimbursement resolution (Attachment 1), which would preserve the City's ability to issue tax-exempt obligations if necessary to fund costs of the Water Recycling Project during the period of delayed reimbursement. It does not authorize a particular debt issue. If Staff's recommendation later is to do that, Council will have to approve and authorize whatever debt issue is selected. Staff recommends a maximum potential reimbursement of $15 million to ensure any further disruptions to cash flow related to the project are mitigated. This measure is vital for ensuring that the City can continue to meet its project timelines without financial disruption at the lowest cost possible.
A budget amendment is not requested at this time. Such action will be reserved for if and when a debt issue is considered and authorized by the City Council.
Recommended Action: Adopt the Resolution Approving the cash flow financing plan.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: $0
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: Public Works
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
RESOLUTION 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DECLARING ITS
INTENTION TO REIMBURSE EXPENDITURES RELATING TO CAPITAL IMPROVEMENTS
FROM THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS
WHEREAS, the City of Ukiah (the “City”) owns and operates facilities and property for the collection, treatment and distribution of water, including recycled water, in the City’s service area; and
WHEREAS, the City is undertaking capital improvement projects generally referred to as the phase 4 refinements to the water recycling project (the “Project”), and may issue debt for such Project and Project related costs, and to use a portion of the proceeds of such debt to reimburse expenditures made for the Project prior to the issuance of the debt; and WHEREAS, United States Income Tax Regulations section 1.150-2 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain procedures are followed, one of which is a requirement that prior to the payment of any such expenditures, the issuer declares an intention to reimburse such expenditure; and WHEREAS, it is in the public interest and for the public benefit that the City declares its official intent to reimburse the expenditures referenced herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah, as follows:
Section 1. Description of Project. The City Council hereby declares that it reasonably expects the City to issue tax-exempt obligations in one or more series (the “Obligations”) for the purpose of paying some or all of the costs of the Project and related capital improvements.
Section 2. City Expectations. The City hereby declares that it reasonably expects to pay certain costs of the Project prior to the date of issuance of the Obligations and to use a portion of the proceeds of the Obligations for reimbursement of expenditures for the Project that are paid before the date of issuance of the Obligations. The maximum principal amount of Obligations expected to be issued is $15,000,000.
Section 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.
* * * * * * * * *
PASSED AND ADOPTED by the City Council of the City of Ukiah on __________, 2024 by the following vote:
AYES:
NOES:
ABSENT:
Attachment 1
ABSTAIN:
__________________________
Mayor
ATTEST:
__________________________
City Clerk
Attachment 1
Agenda Item No: 14.c.
MEETING DATE/TIME: 5/15/2024
ITEM NO: 2024-214
AGENDA SUMMARY REPORT
SUBJECT: Discussion and Possible Action Regarding the Cancellation of July 3, 2024, December 4, 2024, and January 1, 2025, Regular City Council Meetings, with the Option for the Mayor and/or City Manager to Call for a Special Meeting on an Alternate Date if Time Sensitive Business Arises.
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Sage Sangiacomo, City Manager
ATTACHMENTS:
None
Summary: Council will consider cancelling the July 3, 2024, December 4, 2024, and January 1, 2025, Regular City Council meetings.
Background: City Council has regular meetings scheduled for the first and third Wednesdays of each month, with regularly scheduled meetings on July 3, 2024, December 4, 2024, and January 1, 2025. Council typically cancels various meetings during the year when there are holiday conflicts and/or are fewer business items to give a break to both the Council and Staff from the heavy meeting schedule maintained throughout the rest of the year and allow time to focus on committee/ad-hoc assignments and project/program implementation.
Discussion: Staff is recommending the cancellation of the July 3, 2024, December 4, 2024, and January 1, 2025, regular meetings, with the option for the Mayor and/or City Manager to call for a special meeting on an alternate date if time-sensitive business arises. Staff will continue to monitor scheduling and will advise at the meeting of any changes and/or needs related to agenda management for Council's consideration.
Recommended Action: Approve the cancellation of the July 3, 2024, December 4, 2024, and January 1, 2025, Regular City Council Meeting, with the option for the Mayor and/or City Manager to call for a special meeting on an alternate date if time sensitive business arises.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
Agenda Item No: 14.d.
MEETING DATE/TIME: 5/15/2024
ITEM NO: 2024-131
AGENDA SUMMARY REPORT
SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Mayor Dueñas and Various Councilmembers
ATTACHMENTS:
1. 2024 City Council Special Assignments and Ad Hocs
Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. If necessary, the Council may consider modifications.
Background: City Council members are assigned to a number of committees and ad hoc activities. These assignments are included as Attachment 1.
Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending business (i.e., public hearings), and not enough time is afforded for reports beyond community activities.
In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the agenda to provide the City Council members an expanded opportunity to report on assignments and modify assignments as necessary.
Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
2024 CITY COUNCIL SPECIAL ASSIGNMENT LIST
LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Broadband Project TBD TBD
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
to evaluate the Request for Proposal (RFP) for the Internet Service Provider (ISP) for the California's Public Utilities Commission (CPUC) Last Mile Broadband
Orozco
Jim Robbins, Grants Manager, 463-6708;
[email protected]
Investment Oversight Committee Varies
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Reviews City investments, policies, and strategies
Crane
Orozco - Alternate
Alan Carter, Treasurer
Dan Buffalo, Director of Finance; 463-6220
[email protected]
Disaster Council
Shall meet a minimum of
once a year at a time and
place designated upon
call of the chair
Place designated upon call of the chair or, if
she/he is unavailable or unable to call such
meeting, the first vice chair and then the City
Manager or her/his designee.
Office of Emergency Management
300 Seminary Ave.
Ukiah, CA 95482
467-5720 - Traci Boyl
Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations.
Orozco
Duenas- Alternate
Traci Boyl, City Manager's Office Management
Analyst; 467-5720; [email protected]
Greater Ukiah Business & Tourism
Alliance (GUPTA)
4th Monday of month,
10 a.m.
200 S School St.
Ukiah, CA 95482
200 S School St.
Ukiah, CA 95482
Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area
Marianne Davison - Community
Services Department Staff
Duenas - Alternate
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Mendocino County Inland Water and
Power Commission (IWPC)
2nd Thursday of month,
6:00 p.m.
Civic Center
300 Seminary Avenue
conference room 5
IWPC Staff
P.O. Box 1247
Ukiah, CA 95482
391-7574 - Candace Horsley
Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion
Rodin
Orozco - Alternate
Sean White, Director of Water Resources;
463-5712 [email protected]
North Coast Opportunities (NCO) 4th Wednesday of
month, 2 p.m. Alternating locations - Ukiah and Lakeport Governing Board Chair
North Coast Opportunities
413 North State Street
Ukiah, CA 95482
Assist low income and disadvantaged people to become self reliant Burgess Jake Burgess, Community Services Supervisor;
463-6201
[email protected]
Sun House Guild ex officio 2nd Tuesday of month,
4:30 p.m.
Sun House
431 S. Main St.
Ukiah, CA
431 S. Main Street
Ukiah, CA 95482
467-2836
Support and expand Grace Hudson Museum Duenas
Neil Davis - Alternate
David Burton, Museum Director; 467-2836
[email protected]
Ukiah Valley Basin Groundwater
Sustainability Agency (GSA)
2nd Thursday of month,
1:30 p.m.
Board of Supervisors Chambers; 501 Low
Gap Road
Ukiah, CA
County Executive Office
501 Low Gap Rd., Rm. 1010
Ukiah, CA 95482
463-4441
GSA serves as the Groundwater Sustainability Agency in the Ukiah Valley basin
Crane
Duenas- Alternate
Sean White, Director of Water Resources;
463-5712 [email protected]
MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Selection Committee Called as required by the
Clerk of the Board
BOS Conference Room
501 Low Gap Rd. Rm. 1090
Ukiah, CA
C/O: BOS
501 Low Gap Rd., Rm 1090
Ukiah, CA 95482
463-4441
Makes appointments to LAFCO and Airport Land Use Commission (Mayor - Primary; Vice Mayor - Alternate)
Mayor Duenas
Vice Mayor Crane - Alternate
Kristine Lawler, City Clerk; 463-6217
[email protected]
Economic Development & Financing
Corporation (EDFC)
2nd Thursday of month,
2:00 p.m.
Primarily 631 S. Orchard Street
(location varies)
Executive Director
631 South Orchard Avenue
Ukiah, CA 95482
467-5953
Multi-agency co-op for economic development and business loan program Riley (appointed 12/19/18)
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Library Advisory Board
3rd Wednesdays of
alternate months; 1:00
p.m.
Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Sher
Rodin - Alternate
Kristine Lawler, City Clerk; 463-6217;
[email protected]
Mendocino County 1st District Liaison Monthly; TBD
Civic Center Annex
conference room #5
411 West Clay St.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
To coordinate activities and policy development with the City's 1st District Supervisor
Rodin
Crane- Alternate
Sage Sangiacomo, City Manager;
463-6221; [email protected]
Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m.
Civic Center Annex
conference room #5
411 West Clay St.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
To coordinate activities and policy development with the County's 2nd District Supervisor
Duenas
Rodin - Alternate
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Mendocino Council of Governments
(MCOG)
1st Monday of month,
1:30 p.m.
Board of Supervisors Chambers
501 Low Gap Road
Ukiah, CA
Executive Director
367 N. State Street, Ste. 206
Ukiah, CA 95482
463-1859
Plan and allocate State funding, transportation, infrastructure and project County wide
Duenas
Sher - Alternate
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Mendocino County Airport Land Use
Commission As needed
BOS Conference Room
501 Low Gap Rd., Rm. 1090,
Ukiah, CA
Mendocino County Executive Office
501 Low Gap Rd. Rm. 1010
Ukiah, CA 95482
To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity
Liaisons: Owen/Schlatter
Greg Owen, Airport Manager; 467-2855;
[email protected]
Craig Schlatter, Director of Community
Development; 463-6219;
[email protected]
Mendocino County Local Area
Formation Commission (LAFCO)
1st Monday of month,
9:00 a.m. Board of Supervisors Chambers
Executive Director
200 S. School Street, Ste. 2
Ukiah, CA 95482
463-4470
Required by legislation - planning spheres of influence, annexation, service areas, and special districts
Rodin
Crane - Alternate for both city seat
members on Commission
Craig Schlatter, Director of Community
Development; 463-6219;
[email protected]
Updated: 5/13/2024
ATTACHMENT 1
2024 CITY COUNCIL SPECIAL ASSIGNMENT LIST
MENDOCINO COUNTY
Continued MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Solid Waste Management
Authority (MSWMA)
3rd Thursday of every
other month (varies),
10:00 a.m.
Willits Council Chambers
Solid Waste Director
3200 Taylor Drive
Ukiah, CA 95482
468-9710
County-wide Solid Waste JPA Crane
Sher - Alternate
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Mendocino Transit Authority (MTA)
Board of Directors
Last Wednesday of
month, 1:30 p.m.
Alternating locations - Ukiah Conference
Center or Fort Bragg, or Point Arena
Executive Director
241 Plant Road
Ukiah, CA 95482
462-1422
County-wide bus transportation issues and funding Sher
Duenas - Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 [email protected]
Mendocino Youth Project JPA Board of
Directors
3rd Wednesday of
month, 7:45 a.m. 776 S. State Street Conference Room
Mendocino Co. Youth Project
776 S. State Street, Ste. 107
Ukiah, CA 95482
707-463-4915
Targets all youth with a focus on drug and alcohol prevention, healthy alternatives and empowering youth to make healthy choices Cedric Crook, Police Chief
Duenas - Alternate
Cedric Crook, Police Chief; 463-6771;
[email protected]
Russian River Flood Control District
(RRFCD) Liaison
1st Monday of month,
5:30 p.m.
151 Laws Ave.,Suite D
Ukiah, CA
151 Laws Ave., Ukiah, CA 95482;
[email protected]; 462-5278
Proactively manage the water resources of the upper Russian River for the benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources;
463-5712 [email protected]
Ukiah Players Theater Board of
Directors
3rd Tuesday of month,
6:00 p.m
1041 Low Gap Rd
Ukiah, CA 95482
462-1210
1041 Low Gap Rd
Ukiah, CA 95482
462-1210
To oversee the activities, organization and purpose of the Ukiah Players Theater
Greg Owen, Airport Manager
(appointed 12/19/18)
Kristine Lawler, City Clerk; 463-6217
[email protected]
Ukiah Unified School District (UUSD)
Committee Quarterly 511 S. Orchard, Ste. D
Ukiah, CA 95482
511 S. Orchard
Ukiah, CA 95482
Information exchange with UUSD Board Chair, Mayor, Superintendent, and City Manager
Duenas
Rodin - Alternate
Sage Sangiacomo, City Manager
Cedric Crook, Police Chief
Sage Sangiacomo, City Manager; 463-6221
[email protected]
REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Great Redwood Trail Agency Bi-monthly, 3rd
Thursdays, 10:30 a.m. Various Locations - announced
419 Talmage Road, Suite M
Ukiah, CA 95482
463-3280
Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region
Rodin
Duenas - Alternate
Neil Davis, Community Services Director
467-5764 [email protected]
League of California Cities Redwood
Empire Legislative Committee
Prior to Division
Meetings, meets 3x in
person and then via
conference call
Various locations that are announced
Redwood Empire League President;
Public Affairs Program Manager
(916) 658-8243
Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento
Duenas
Orozco - Alternate
Sage Sangiacomo, City Manager; 463-6221
[email protected]
Russian River Watershed Association
(RRWA)
4th Thursday of month,
9:00 a.m. (only 5 times a
year)
Windsor Town Hall
Russian River Watershed Association
2235 Mercury Way, Suite 105
Santa Rose, CA 95407
[email protected]
707-508-3670 (message only)
Consider issues related to Russian river - plans projects and funding requests
Rodin
Sher - Alternate
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Northern California Power Agency
(NCPA) - Commission
4th Thursday of month,
9:00 a.m. (see NCPA
calendar)
Roseville, CA
and other locations
651 Commerce Drive
Roseville, CA 95678
916-781-4202
Pool of State and local power utilities developing and operating power generation, providing scheduling and related energy services and providing regulatory and legislative support.
Crane - Commissioner
Sher - City Council Alternate
Sauers - Alternate and Commissioner in
absence of Commissioner Crane
Cindi Sauers - Electric Utility Director;
463-6286 [email protected]
Northern California Power Agency
(NCPA) – Lodi Energy Center (LEC)
Appointment
2nd Monday of month,
10:00 AM
Lodi, CA and other locations
651 Commerce Drive
Roseville, CA 95678
916-781-4299
Committee oversees the operation, maintenance and expenditures of the LEC 300 MW generating project.
Sauers – Project Participate
Appointee
Cindy Sauers, Electric Utility Director,
463-6286, [email protected]
Transmission Agency of Northern
California (TANC)
4th Wednesday of
month, 10 a.m. 35 Iron Point Circle Suite 225 Folsom, CA 35 Iron Point Cir #225
Folsom, CA 95630
916-852-1673; [email protected]
Provide electric transmission to its Member utilities through transmission line ownership or contract arrangements.
Crane
Sauers - Alternate
Cindi Sauers - Electric Utility Director;
463-6286 [email protected]
STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Diversity and Equity TBD Virtual Meeting Room
(link to be created)
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management
Analyst; 467-5720; [email protected]
Fire Executive Committee
2nd Tue, every other
month beginning in
January; 5:00 p.m.
Ukiah Valley Conference Center,
200 S. School Street
Ukiah, CA
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
[email protected]
Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/Sher
Doug Hutchison, Fire Chief; 463-6263;
[email protected]
Countywide Oversight Board to the
RDA Successor Agencies
4th Thursday of January,
4:00 p.m.; meets annually
Ukiah Valley Conference Center,
200 S. School Street
Ukiah, CA
City of Ukiah
ATTN: City Clerk
300 Seminary Ave.
Ukiah, CA 95482
Oversee and direct the Successor Agencies of the former redevelopment agencies
Crane
Dan Buffalo, Director of Finance; 463-6220
[email protected]
Kristine Lawler, City Clerk; 463-6217,
[email protected]
Water Executive Committee
(Ukiah Valley Water Authority)
1st Tue of each month
at 6:00 p.m.
Ukiah Valley Conference Center,
200 S. School Street
Ukiah, CA
City of Ukiah
ATTN: Sean White
300 Seminary Ave.
Ukiah, CA 95482
Oversight of UVWA; set annual budget for the combined water system; Manage rates and collect levies; modify existing water rights for the provision of water service; mediation and dispute resolution; Crane/Orozco
Sean White, Director of Water Resources;
463-5712 [email protected]
Updated: 5/13/2024
COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT
Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-629586 [email protected]
Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer; 463- 6280 [email protected]
Advance Planning & Policy for Sphere of Influence
(SOI), Municipal Service Review (MSR), Annexation,
Tax Sharing, Detachment, and Out of Area Service
Agreements
Crane/Rodin
Craig Schlatter, Community Development Director
463-6219 [email protected]
UVSD/ City Relations
Ad hoc committee to address specific issues with the Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current Operating Agreement, and cost sharing
Crane/Orozco
Dan Buffalo, Director of Finance;
463-6220 [email protected]
Sean White, Water Resources Director
463-5712 [email protected]
Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer; 463- 6280 [email protected]
Complete Streets Rodin/Crane
Tim Eriksen, Public Works Director/City Engineer; 463-
6280 [email protected]
Shannon Riley, Deputy City Manager
467-5793 [email protected]
Neil Davis, Community Services Director
467-5764 [email protected]
Special Districts (Water District Consolidation) Orozco/Crane Shannon Riley, Deputy City Manager 467-5793 [email protected]
Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer 463-6284 [email protected]
Mendocino County Courthouse Project and Reuse Sher/Orozco Shannon Riley, Deputy City Manager 467-5793 [email protected]
Climate Action Plan
Will coordinate with the Community Development Director to identify and assign representation to each of the identified categories, and also coordinate with the Community
Development Director and the Climate Action Plan Working Group related to other outreach efforts during the development of the draft municipal Climate Action Plan related to the 2040 General Plan
Sher/Duenas
Craig Schlatter, Community Development Director
463-6219 [email protected]
City's 150-Year Anniversary Planning Orozco/Rodin Shannon Riley, Deputy City Manager 467-5793 [email protected]
Zoning Reform
(previously was the Community Development Fee Review
ad hoc)
function is to explore creation of a new ministerial zoning permit and identify additional zoning streamlining and reform efforts to provide better and more consistent development outcomes
Crane/Orozco
Craig Schlatter, Community Development Director
463-6219 [email protected]
Community Health Needs Assessment (CHNA)
Steering Committee
assist in the creation of the 2025 CHNA Report for the
communities served by the three Adventist Health hospitals in Mendocino County. providing insight, identifying, gathering and analyzing the health needs of our community. Additionally Rodin/Sher
Jeremy Malin, NP
Director of Community Health Analytics
Adventist Health Howard Memorial
Adventist Health Ukiah Valley
Adventist Health Mendocino Coast
978-289-3330; [email protected]
Parks & Recreation Special District Exploration Rodin/Orozco Neil Davis, Community Services Director 467-5764 [email protected]
2024 AD HOC COMMITTEES
Updated: 4/19/2024