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needles, blades, tubings, bottles, drugs, patient care items such as linen or personal or food service items from contaminated areas, chemicals, personal hygiene wastes. • Liquid wastes which are not spadeable, usually containing less than fifty percent solids, including food processing wastes, landfill leachate and gas condensate, boiler blowdown water, grease trap and septic tank pumpings, oil and geothermal field wastes, rendering plant byproducts, sewage sludge, and those liquid wastes which may be Hazardous Wastes.
• Radioactive wastes under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code, and any waste that contains a radioactive material, the storage or disposal of which is subject to any other State or federal regulation. • Sewage sludge comprised of residue produced by humans (not industrial), removed from a wastewater treatment facility or septic tank, whether in a dry or semidry form • Wastes designated from time to time by the CalRecycle. 292 of 334
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EXHIBIT C
RATE ADJUSTMENT METHODOLOGY
1. General
Subject to the terms herein, the Contractor may request, but is not entitled, to an annual adjustment of all Rates. Each Rate, excluding special charges, will be subject to a "Rate Adjustment Factor" that is based on a “Consumer Price Index for Trash and Garbage Component” which is annually adjusted.
Changes in Rates are subject to approval with properly noticed protest hearings and the process requires a substantial amount of time. Therefore, the RAF will be based on the data from the previous calendar year as noted in the example below.
2. Calculation
The adjustment to the Rates will be made using the following methodology:
Step 1: Determine the "Rate Adjustment Factor" or "RAF". The RAF shall be the annual percentage change of the CPI for Garbage and Trash Collection, rounded to the nearest tenth percent. The Rate Period will be a 12 -month period based on calendar years, commencing January 1 and concluding December 31.
Reference: Bureau of Labor Statistics, CPI for All Urban Consumers, Garbage and Trash Collection, Series ID: CUUR0000SEHG02
(https://data.bls.gov/timeseries/CUUR0000SEHG02)
For example:
To determine the RAF to be used in calculating Rates for Fiscal Year 2023-2024 (July 1, 2023 – June 30, 2024):
a. Since Fiscal Year 2023-2024 will not be completed at the time when the new Rates are to be calculated, data from Calendar Year 2022 will be used. • Sum of all monthly CPIs beginning with January 2022 and ending with December 2022 / 12 = Annual CPI = 549.334 (see table)
b. Compare to the prior Calendar Year to determine the percentage change in the CPI.
• Sum of all monthly CPIs beginning with January 2021 and ending with December 2021 / 12 = Annual CPI = 522.329 (see table)
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c. Calculate the percentage change to determine the RAF to be used to calculate the Rates for Fiscal Year 2023-2024.
• RAF = ((549.334-522.329) / 522.329) * 100= 5.2%
Step 2: Calculate the adjusted Rate, rounded to the nearest cent, for each Rate as follows , not to exceed 5%.:
Adjusted Rate = Then-current Rate x (1 + RAF)
For example, assuming:
1. Then-current Rate = $50.00
2. Rate Adjustment Factor = 5%
3. Adjusted Rate = $50.00 x (1 + 0.05) = $52.50
Step 3: In the event the RAF is greater than 5%, the percent of increase not applied to the then rate will be carried over to the following year’s rate adjustment.
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Average Annual
Percentage
Change
2021 512.722 517.270 518.505 518.579 516.440 517.202 521.185 524.408 529.934 530.114 529.053 532.538 522.329 2022 533.078 538.313 540.719 542.564 544.546 547.554 548.187 548.706 558.254 561.090 563.816 565.185 549.334 5.2% 294 of 334
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EXHIBIT D
CONTAINER CONTAMINATION PROTOCOLS
CONTRACTOR will make every effort to train drivers to identify contamination and deploy a cart inspector that will conduct periodic route inspections where bins will be checked for contamination. Should the CONTRACTOR identify instances of contamination of black, blue and/or green containers by residential, multi family or commercial customers receiving bin or cart service, it will document the contamination through the use of film or digital photography.
CONTRACTOR will place a non -collection tag on the container explaining the type of contamination present and instructions for removal of the contamination. Once the contamination is removed, the container will be collecte d on the next scheduled pick -up day.
Alternatively, customer may call and request pick -up of the container. If the customer requests pick-up of the container within the same collection week an extra collection fee, per the approved rates, will be charged to the customer.
The CONTRACTOR will present evidence of contamination to CITY , where CITY may provide that to the customer.
(1) The first incident of contamination will be treated as an opportunity to educate the customer on appropriate placement of materials. The container will not be collected until contamination is corrected.
(2) Customers will also be informed that CITY will charge a contamination fee, per the approved rates, on the second offense. Customer will be required to correct the contamination before the container may be serviced on the next collection day. (3) Where such evidence was presented to the customer, and CONTRACTOR documents a third instance of contamination, CONTRACTOR is authorized to fine customers per the approved service rates. CONTRACTOR will provide CITY ’s contract manager with written notification of the fine.
Protocol on Container Overfilling
CONTRACTOR will make every effort to ensure the collection of materials does not result in litter.
Overfilled containers can result in litter and are an indication of inadequate service. Where CONTRACTOR identifies instances of overfilling of containers by residential, multi family or commercial customers receiving bin or cart service, it will document the overfilling through the use of film or digital photography.
(1) The first incident of overfilling will be treated as an opportunity to educate the customer on overfilling.
(1a) If the container cannot be collected safely the CONTRACTOR will place a non- collection tag explaining it is overfilled and instructions for how to remedy the container. Once the container is ready for pick -up, the customer may call and 295 of 334
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request pick -up and be charged an additional pick -up fee if customer requires pick-up in the same collection week.
(1b) If the container can be serviced, the CONTRACTOR will pick -up the container, where the photo of the overfilled container will be provided to CITY, where CITY will contact the customer.
(2) The customer will be educated by CITY on the incident of overfilling and may be charged an overage fee on the second offense.
(3) Where such evidence was presented to the customer, and CONTRACTOR documents a third instance of overfilling, CONTRACTOR is authorized to charge an overage fee and deliver the next larger sized container to the customer. The service rate will be adjusted to the rate then in effect for the next larger size container. If a customer requests the CONTRACTOR to dump the extra materials, or contaminated materials, within the same collection week an additional pick -up will be charged. CONTRACTOR will provide CITY ’s contract manager with written notification prior to delivering the next larger size container and adjusted the service rate.
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EXHIBIT E
OPERATIONS PROTOCOLS
1316 “J” Street, Wasco, Ca 93280 (661) 758- 5316
Exhibit E describes the scope and operations for residential recycling collection that American Refuse (AMR) will conduct in the City of Wasco (City).
Residential Recycling Operations
AMR will collect recyclables from residential customers using automated side -loader collection trucks, Residential customers include all single family, duplex, and multi- family residential premises with less than five separate living units. Containers will be collected at least once every week. AMR drivers are trained to safely collect containers and pick up any litter that may result from the collection operations. Container s will be returned to their collection spot upright with lids closed. The recyclables will be taken to an approved processing location where recyclable materials will be sorted by commodity type and sent to end markets.
Holiday Collection
In the even the collection route falls on a Holiday, or a day that the recyclable processing location is closed, the collection route will occur on the next workday. Holidays include New Year’s Day, Thanksgiving Day, and Christmas Day. Additionally, should the processing location be closed, holidays may also include Memorial Day, Fourth of July, Veterans Day, and Labor Day.
Containers
AMR will label all recyclable containers , which will include text and picture summaries of items, as required by SB 1383 Regulation.
AMR will ensure containers are kept in good condition free of charge, unless that container is damaged through the fault or negligence of the residential customers.
Recyclable Materials
Recyclable materials may include, but are not limited to:
• Newsprint
• Corrugated material
• High-grade paper and mixed paper
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• Glass
• Aluminum cans
• Tin cans
• Steel and other types of scrap metals
• PET polyethylene terephthalate containers (“PET”) marked “1” as of the date hereof • high density polyethylene containers (“HDPE”) marked “2” as of the date hereof • Low density polyethylene containers (“LDPE”) marked “4” as of the date hereof • California redemption containers
• Ferrous metals
• Non-ferrous metals
• White paper
• Mixed paper
• Telephone books
This list may be decreased or expanded to accommodate changing market conditions.
Identifying Contaminated or Overfilled Recyclable Containers Should a driver identify that a non -recyclable material has been included in the container (recycling, organic material and/or solid waste), they will note this contamination through a cart - tag. The cart -tag will provide information to the customer regarding the type of contamination present in the container. Should the driver identify that the contamination is significant they may place a ‘non-collection’ tag on the container. In this case the container will not be collected until customer corrects problem.
AMR will:
Conduct the periodic lid flips to assess contaminates and overfilled containers. 298 of 334
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Tag the containers that are overfilled and/or
contaminated and notify the City. The City will
be respo nsible for appropriately fining the
customer for contamination or overfilled
containers. Additionally, the City may choose to
notify their drivers not to collect organic
containers that have contamination present.
Provide the City and customer with
photographic evidence of the reason the carts
were tagged.
Conduct random audits of containers to
ensure compliance with SB 1383 mandated lid flipping.
Track this outreach and container tagging activity and provide these reports to the City on a Quarterly basis.
The complete container tagging protocol has been detailed in Exhibit D of the Agreement.
Outreach and Education
AMR will prepare a Community Relations Plan that will provide a summary of the outreach and education materials that will be delivered to residential customers for the year. This Community Relations Plan will be delivered to the City no later than April 1
st of each year. The plan will include all necessary outreach required for the residential customers for compliance with SB 1383. This may include lid lifting and cart tagging programs, presentations, brochures, and flyers. N ecessary outreach and educational materials will be bilingual (English and Spanish).
An example of the types of programs that may be included in this plan are provided below:
Outreach to customers to inform them of the roll-out of the new collection programs. This initial outreach should happen in collaboration with the City, so customers are aware how the two operations are working together.
Providing blue 96 -gallon recycling container, with a graphic rich label explaining what materials are acceptable in the recycling container and what are considered contaminants.
Provide information via our website, quarterly newsletters and tri -fold flyers to residents to inform them of recycling and other waste related information, such as bulky item collection opportunities.
Provide a range outreach items, above the containers, clear picture heavy labels on the bins/containers, flyers for residents which provide information about acceptable and not acceptable items. This outreach would be multi-lingual.
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Local Office
AMR will maintain a local office that will be open to the public from 8:00 am to 4:00 pm, Monday through Friday, where customers can pay bills, receive information about the solid waste service offerings, and discuss any concerns or questions. Our office staff will be professional and friendly, where bilingual service representatives can also be made available to customers.
Billing
The City will bill customers directly for solid waste services, including recyclable collection. The City will pay AMR, minus the franchise fees, every 30 days for the previous month’s services. The franchise rate is set at 10% of AMR service rates to the City.
Compliance and Reporting
American Refuse will assist the City in its reporting requirements for AB 341, AB 939, AB 1594, and AB 1826. AMR tracks cart tagging, service level information, and outreach programs through our company software , which is designed to capture specific data per customer and produce specialized reports. The system allows for “comments” to be added on a per customer basis, which becomes useful in the collecting data for each new customer. For example, notes can be reviewed for a non-compliant customer to determine how many times they have been contacted, the form of each contact (email, phone call, or personal visit) and what additional measures have been taken to aid in diversion programs mandated by the State. Customized reports may be run, where the program can detail customer’s information by service level for organics and/or recycling, as needed for the City’s Annual Report.
Notably software can:
Run individual data/reports per customer
Track all non-compliant customers for targeted outreach measures Provide instant recording of customer accounts
Track customer’s service levels for organic and recyclables Export all reports into Excel for ease of electronic submission and data analysis.
AMR will track all tons managed by AMR and provide the City with the recovery rates of those streams that AMR collects and manages. Using our software , AMR will ensure that tonnages collected, recycled, and/or composted, will be clearly and transparently tracked and reported to the City. These tonnages are tracked via weight tickets, where trucks cross over scales before entering each facility. These weight tickets are entered into the system by type (recyclable route, organics route, etc.). AMR tracks its own facility recycling rate by using the total outbound tonnage reports. These outbound tonnage reports are used to determine the facility’s recycling rate and can be applied to the inbound weight ticket tonnage. For materials that are managed by other sites, AMR will work closely with t he facility to ensure transparency so that ton -per-ton and the final destination of all products is known and reported to the City. 300 of 334
.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Charlie Fivecoat, Chief of Police
DATE: February 7, 2023
SUBJECT: Adopt a Resolution authorizing the City Manager or designee to execute Agreements and or Applications with Local, State, and Federal Agencies required for the Creation of the Wasco Police Department, Implement the transition plan of law enforcement services from the Kern Co unty Sheriff Contract to the City, and Authorize the related Wasco Police Department accounts/sub-accounts, budget amendments and or Budget Appropriations.
Recommendation:
Staff recommends City Council
1) Adopt a resolution authorizing the City Manager or designee to execute Agreements and or Applications with Local, State, and Federal Agencies required for the Creation of the Wasco Police Department, Implement the transition plan of law enforcement services from the Kern County Sheriff Contract to the City, and Authorize the related Wasco Police Department accounts/sub-accounts, budget amendments and or Budget Appropriations.
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
STAFF REPORT
City of Wasco
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Discussion:
As directed by the City Council, the staff is moving forward with establishing our local Police Department. O n October 18, 2022, City Council adopted Resolution 2022- 3812 establishing the City of Wasco Police Department start -up team and approving new positions. Since then , the City has hired a Chief of Police and is making significant progress on creating the foundation and policy and researching the required local, state, and federal requirements to start up the Wasco Police Department.
As part of the creation and establishment of a new Police Department, the City is required to file paperwork with local, state, and federal agencies to obtain authorization to operate a Public Safety Answering Point (PSAP) 911 Dispatch Center, Peace Officer Standards, and Training (POST) Accreditation, and or coordinate with these agencies.
Staff is requesting authority to execute and file such documents as needed.
Concurrent with approving the City of Wasco start- up team, Council appropriated a start-up budget and authorized creation of a Police Department within the City’s General Fund. A chart of accounts did not exist with creation of this accounting department, but is evolving as start -up work continues. City policy allows the City Manager to transfer funds between accounts _within_ departments, but does not specifically authorize creation and funding of new accounts. Staff is requesting authority to create and fund appropriate accounts within the Police Department budget.
Fiscal Impact:
Funding required for specific agreements and authorizations as outlined in this report will be covered by the existing start-up budget or will be presented to Council for approval on a future agenda. The creation of new accounts/sub -accounts within the Police Department of the General Fund will have no budget impact. No further budget action is required with approval of this item.
Attachments:
1. Resolution 2022-3812
2. Resolution
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RESOLUTIONNO. 2022 - 3812
A RESOLUTIONOF THECITYCOUNCIL OF THECITYOF WASCO APPROVING A POLICE
DEPARTMENTSTART-UPPOSITION, JOB DESCRIPTIONAND PAY RANGE, AMENDEDSALARY
SCHEDULE, CALPERSSAFETYPLAN, AND BUDGETAPPROPRIATIONS
WHEREAS, the City Council wishes to establish a City of Wasco Police Department start- up team; and,
WHEREAS, three new positions and Salary Schedule pay ranges are required for the start- up team, including Chief of Police, Police Lieutenant, and Police Department Records Administrator assigned to the Police Department; and
WHEREAS, in order to meet CalPERSrequirements for publicly available pay schedules, the City Council must approve a salary schedule for all City positions (including elected and appointed positions), independent from the salary schedules included in the memorandum of understanding with employee groups or employment agreements; and WHEREAS, Title 2. § 570.5 of the California Code of Regulations establishes certain requirements for a publicly available pay schedule, and the City of Wasco must comply with Government Code § 20636(B)(1) and Title 2, § 570.5 of the California Code of Regulations; and
WHEREAS, the Legacy CalPERSSafety contract for Wasco uses a 2% at 55 formula and a PEPRA New Members for Police at 2% at 57 the CalPers Safety group is to be confirmed/ modified; and,
WHEREAS, the appropriation of $ 600,000.00 ARPA Funds to the new Police Department division of the General Fund is required to cover compensation, equipment, and expenses for the remainder of FY2022-2023.
NOW THEREFOREBEITRESOLVEDby the City Council of the City of Wasco, SECTION1: the City Council of the City of Wasco approves three new positions, Chief of Police, Police Department Records Administrator, and Police Lieutenant, and the Salary Schedule pay ranges.
SECTION 2: the City Council authorizes the City Manager or his designee to start the recruitment process for the Chief of Police.
SECTION3: the City Council authorizes the City Manager or his designee to solicit additional CalPERSSafety plans.
SECTION4: the City Council authorizes the City Manager or his designee to appropriate ARPA Funds to the new Police Department division in the General Funds. o0o-
DocuSign Envelope ID: 0093A406- 87BC- 40E0- 84BA- 7F1158CFC2FA 303 of 334
I HEREBYCERTIFYthat the foregoing Resolution No. 2022 - 3812 was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on October 18, 2022, by the following vote:
COUNCIL MEMBERS:
AYES: REYNA, PALLARES, GARCIA, LYNCH, MARTINEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
GILBERTOREYNA
MAYOR of City the Wasco
Attest: _______________
MARIA O. MARTINEZ
CITYCLERKand ExOfficio Clerk of
the Council of the City of Wasco
DocuSign Envelope ID: 0093A406- 87BC- 40E0- 84BA- 7F1158CFC2FA 10/ 19/ 2022
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RESOLUTION NO. 2023 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE AGREEMENTS AND OR APPLICATIONS WITH LOCAL,
STATE, AND FEDERAL AGENCIES REQUIRED FOR THE CREATION OF THE WASCO POLICE
DEPARTMENT, IMPLEMENT THE TRANSITION PLAN OF LAW ENFORCEMENT SERVICES FROM THE
KERN COUNTY SHERIFF CONTRACT TO THE CITY, AUTHORIZE THE RELATED WASCO POLICE
DEPARTMENT ACCOUNTS/SUB-ACCOUNTS, BUDGET AMENDMENTS AND OR BUDGET
APPROPRIATIONS
WHEREAS, the City Council wishes to establish a City of Wasco Police Department; and
WHEREAS, as part of the creation and establishment of a new Police Department, the City is required to file paperwork with local, state , and federal agencies to obtain Public Safety Answering Point (PSAP) 911 Dispatch Center, Peace Officer Standards and Training (POST) Accreditation, and or coordinate with these agencies; and WHEREAS, Council appropriated a start -up budget and authorized creation of a Police Department within the City’s General Fund but a chart of accounts did not exist with creation of this accounting department and Staff is requesting authority to create and fund appropriate accounts and sub-accounts within the Police Department budget.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wasco as follows:
SECTION 1: Approves the creation of a Wasco Municipal Police Department.
SECTION 2: Authorizes the City Manager or designee to execute Agreements and or Applications with Local, State, and Federal Agencies required for the Creation of the Wasco Police Department, Implement the transition plan of law enforcement services from the Kern County Sheriff Contract to the City, and authorize the related creation and funding of Police Department accounts/sub -accounts, Budget amendments and or Budget Appropriations.
SECTION 3: A uthorizes the City Manager or designee to take any and all other steps necessary or reasonably related to carrying out the intent of the City Council in adopting this Resolution.
-o0o-
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I HEREBY CERTIFY that the foregoing Resolution No. 2023. - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 7, 2023, by the following vote:
COUNCIL MEMBERS: MARTINEZ, GARCIA, MEDINA, REYNA, SALDAÑA AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
VINCENT MARTINEZ,
MAYOR of the City of Wasco
Attest:
__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Nancy Vera, Human Resources Manager
DATE: February 7, 2023
SUBJECT: Adopt A Resolution Ratifying the Executed Engagement Letter with Attorney Sean Gibbons of Freeman Mathis & Gary for Legal Services.
Recommendation:
Staff recommends the City Council:
1) Adopt a Resolution Ratifying the Executed Engagement Letter with Attorney Sean Gibbons of Freeman Mathis & Gary for Legal Services.
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Discussion:
This request is to ratify the executed engagement letter with Attorney Sean Gibbons of Freeman Mathis & Gary for Legal Services.
The City of Wasco has the occasional need to utilize the services of outside counsel.
Oftentimes, the City Attorney has recommended the use of specific attorneys from a variety of firms for specialized services, such as personnel matters. The City of Wasco has utilized legal services provided by Attorney Sean Gibbons for these personnel matters through his service at various agencies. Mr. Gibbons previously provided services through the firm Coleman Frost, LLP. Sean Gibbons resigned and is now a practicing partner with Freeman Mathis & Gary.
STAFF REPORT
City of Wasco
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Attorney Gibbons is intimately familiar with the City’s personnel policies and practices and current matters. His hourly rate while practicing at Coleman Frost, LLP was $330.00.
The staff continued the services provided by Mr. Gibbons due to current legal matters and provisionally executed an engagement letter with the new firm. Mr . Gibbons in partnership at Freeman Mathis & Gary LLP. has honored the same hourly rate of $330.00 for legal services under equivalent terms.
Fiscal Impact:
There is no fiscal impact due to no change in the hourly rate. The current adopted budget for legal services is expected to cover these costs without supplement. No budgetary action is necessary with the approval of this item.
Attachments:
1. Resolution
2. Agreement
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RESOLUTION NO. 2023 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO RATIFYING THE EXECUTED
ENGAGEMENT LETTER WITH ATTORNEY SEAN GIBBONS OF FREEMAN MATHIS & GARY FOR LEGAL SERVICES.
WHEREAS, Mr. Sean Gibbons, who is currently a partner at Freeman Mathis & Gray , provided legal services to the City of Wasco in the areas of labor and employment law prior to joining Freeman Mathis & Gray; and
WHEREAS, the City sought to continue to utilize Mr. Sean Gibbon’s services after he joined Freeman Mathis & Gray and desired to retain said service agreement; and WHEREAS, the City and Freeman Mathis & Gray desire to respectively receive and provide legal services pursuant to the terms described in the Engagement Letter attached hereto and made a part hereof.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SECTION 1: Ratify the executed Engagement Letter with Freeman Mathis & Gray, providing legal services to the City of Wasco in the areas of labor and employment law.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2023 – ____was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 7, 2023, by the following vote:
COUNCIL MEMBERS: MARTINEZ, GARCIA, MEDINA, REYNA, SALDAÑA AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
VINCENT MARTINEZ
MAYOR of the City of Wasco
Attest: ________________________
__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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www.fmglaw.com
1960 East Grand Avenue
Suite 1260
El Segundo, CA 90245
Tel: 310.937.2066
www.fmglaw.com
Sean B. Gibbons, Esq.
D: 424-397-1663
C: 917-355-4684
[email protected]
January 31, 2023
VIA E-MAIL: [email protected]
Scott Hurlbert, City Manager
City of Wasco
746 8th Street
Wasco, CA 93280
Re: Master Terms and Conditions of Engagement
Dear Mr. Hurlbert:
On behalf of Freeman Mathis & Gary, LLP (the “Firm”), we appreciate the opportunity to represent the City of Wasco (“Government” or “you”) with respect to providing on-going legal advice and in specific litigation matters assigned to us by you or your Attorney.
Please excuse the formality of this letter and the accompanying Master Terms and Conditions of Engagement which are incorporated herein (collectively the “Engagement”). The purpose of this Engagement is important and to set forth a clear, mutual understanding of the Services we will provide and the scope, terms and conditions under which those Services are to be performed.
Scope and Limitation of Legal Services: You are entering into this Engagement to retain the Firm to provide general labor and employment advice an d counseling, including but not limited to human resources/employee management advice, advice regarding collective bargaining and interpretation/administration of resultant memoranda of understanding, and advice regarding employee discipline issues (hereinafter and heretofore “Services”).
We assume no greater right or ob ligation, and assume no responsibility to any person or entity, or any claim, lawsuit, or proceeding other than the Services described, unless the Firm is expressly authorized to do so by you with such Services expressly defined in writing. The Firm will only act on behalf of you as a legal entity. We will not act on behalf of any of its elected officials or employees, unless the Firm is specifically authorized or directed to in writing by the Government Attorney, an Authorized Official of you, or such individuals or entities retain our le gal services, with the appropriate consent, with each such party or person also required to execute an Engagement before it becomes valid.
Fees and Billing: Your acceptance of our representation acknowledges your obligation to timely pay our fees and expenses. Rates are negotiable and typically are adjusted at the beginning of each calendar year. Those rates currently are:
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Scott Hurlbert, City Manager
City of Wasco
January 31, 2023
www.fmglaw.com
• Partners (including partner-level “of counsel ” and contract attorneys): $330 per hour; • Associates (including associate-level “of couns el” and contract attorneys): $265 per hour depending on experience and other considerations;
• Law Clerks: $195 per hour depending on experience and other considerations; • Paralegals/Assistants: $225 per hour depend ing on experience and other considerations; • E-Discovery Professionals/Litigation Support Professionals/Nurse Paralegals: $175 per hour.
The rates charged for any matter covered by an Insurer of you shall be governed by the terms of any rate agreement or guidelines between the Firm and the Insurer. You agree to accept pay any adjusted rates as subsequently provided to it in writing or by any Firm invoice.
Effective Date: The effective date of this Engagement and its terms and conditions set forth herein will be the latest date of signing by you or your authorized representative and its terms shall be retroactive to the date the Firm first performed services for you which are the subject of this Engagement.
Please confirm this Engagement accurately describes our mutual understanding by signing below and returning a signed copy. We look forward to working with you and being of service.
Very truly yours,
FREEMAN MATHIS & GARY, LLP
Sean B. Gibbons
Enclosure
The undersigned confirms the terms of this Agreement and agrees to be bound thereby:
Signature Title
Print Name Date
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Scott Hurlbert, City Manager
City of Wasco
January 31, 2023
www.fmglaw.com
Master Terms and Conditions of Engagement
Except as modified by the accompanying or any subsequent Engagement letter, the following provision will apply to Services and any subsequent representation of you or their officials, employees or others to whom they provide a defense including in any litigation or dispute of any kind. Collectively the Engagement letter and these Master Terms and Conditions of Engagement are referred to collective as “Engagement”.
Preserving Confidences: By executing this Engagement, you have approved the use of internet e-mail communication, without encryption, for our communications with you an d other persons, parties, legal counsel, and other involved individuals and entities in carrying out our legal services. Due to their inherent nature, email communications, cell phone and othe r wireless communications may be vulnerable to interception by unauthorized parties during transmission. The Firm cannot guarantee the confidentiality of any information sent by email, cell phone or other wireless transmission, or that any such transmission would be considered “attorney-client” privileged. If you do not wish the Firm to communicate by email, or by cell phone or other wireless transmissions regarding your Services, please notify the Firm in writing.
In the absence of such notification, you consent th at the Firm will not take any additional security measures, including, but not limited to, encryption. Although the Firm subscr ibes to and sues virus protection software that it believes to be reliable, the Firm cannot warrant that any emails from the Firm or attachments thereto are free from any virus. The Firm recommends that you independently take steps to ensure that transmissions are actually virus-free.
Possible Additional Payments: There may be theories of liability asserted against you that entitle the other party to attorneys’ fees, costs, penalties, or liquidated damages. Such amounts are solely your responsibility and are not the responsibility or obligation of the Firm.
Fees and Billing: Your acceptance of our representation ackn owledges its obligation to timely pay our fees and expenses. Firm time will be accounted for in tenths of an hour, and fees are calculated by applying hourly rates assigned to the Firm attorneys and other staff. Rates may also be subject to court approval pursuant to applicable statut ory restrictions. The Firm may, from time to time and in its sole discretion, utilize contract, outsource, and/or temporary service providers in connection with performing certain of the tasks to be rendered in connection with this engagement at the rates listed below. Fee and expenses will be billed monthly and are due upon receipt. The invoices provided to you will reflect all the Firm personnel who have billed time related to the representation of you and their rates.
We also may use outside vendors in meeting our legal service obligations, the direct costs of which will be either separately payable by you at the time of the receipt of vendor’s invoice or included on our invoice(s). You are also obligated to pay for costs we incur or advance on your behalf, including amounts for filing fees, postage and copying expenses, require d travel, and other reasonable and necessary costs (other than routine administrative costs not directly incurred in response to the Services provided). You agree not to inform others of the Firm’s rates being charged. The Firm will have a lien for the Firm’s fees and advanced expenses with respect to our Services and on all proceeds of any recovery obtained whether
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City of Wasco
January 31, 2023
www.fmglaw.com
by settlement, arbitration award, or court judgment or on any property obtained, including by patent, trademark, copyright, rescission, specific performance or other means. This generally means that the Firm has an ownership interest in any recovery by you to th e extent of the Firm’s unpaid fees and expenses.
You acknowledge that you are aware of the right to seek the advice of independent counsel as to this provision and have been provided a reasonable opportunity to do so.
Clients sometimes ask us to estimate future fees an d other charges. Any estimate we may provide in connection with our Services will be based on our professional judgment and the circumstance as they appear at the time. As such, any estimate is subj ect to the understanding that, unless agreed otherwise in writing, it does not represent a maximum, minimu m, or fixed fee quotation. The ultimate fee and charge are frequently more or less than the amount estimated.
E-Discovery: The costs of document processing, imaging, production, and storage greatly impact the expense of conducting discovery and other facets of document-intensive cases. To ensure that the Firm’s clients have access to high-quality document manageme nt services at a reasonable price, the Firm has capabilities through both in-house resources and one or more third-party partnerships that allow it to deliver these services to its clients at a price below what can be negotiated with eDiscovery vendors generally in the marketplace. These services are independent of the Firm’s legal fees billed on an hourly basis and will be reflected as expense items on our in voices. Unless you inform us otherwise in writing, the Firm will use these eDiscovery services when needed in the course of representing you and will bill for those services as follows: 1) Data sets up to 250 GB may be processed and hosted in Epiq Discovery for $8 per GB per month; for cases over 250 GB, data may be processed in Relativity for $25 per GB per month, then hosted for $7 per GB per month; and 3) eDiscovery management services, including but not limited to culling, filtering, deduplication, analytics, OCR, file conversion and/or extraction, quality assurance and control, creation, export or delivery of a document production set, metadata redaction and image branding, by eDiscovery Managers: $150 per hour.
Insurance Coverage/Indemnity Providers: You should determine if there may be insurance companies or other responsible entities or p ersons who may have coverage or an obligation for indemnity for any claims asserted against it or damages sought against it in any case or controversy. In the event it has notice of a potential claim, please provide in writing a copy of the claim directly to your insurance broker and any insurance companies with whom you have or had policies. These insurance providers could include any carrier providing (without limitation) umb rella insurance, professional liability insurance, directors and officers insurance, errors and omissions insurance, or homeowners insurance. You agree you will solely be responsible for tendering the defense of any claim or request for indemnification to any insurers or other persons or entities who may owe you a defense or indemnification Dispute Resolution: In the event of any dispute relating to this Agreement, the relationship between the Firm and you, the services performed (including but no t limited to disputes regarding the Firm’s fees or expenses, claims of negligence, breach of fiduciary duty or contract, fraud or any claims based upon a written law) or any other dispute between the Firm and you (including disputes concerning any agents, partners, employees, officers, insurers, related entiti es, or persons of either you or the Firm), both the
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City of Wasco
January 31, 2023
www.fmglaw.com
Firm and you agree to final and binding arbitration, including any issue relating to the scope or proper interpretation of this arbitration obligation.
Before filing a petition or request for arbitration, the party initiating the claim shall affirmatively seek in good faith to meet and confer for 30 days before a petition or request for arbitration is filed. The opposing party shall also meet and confer in good faith, with each party agreeing to promptly respond to the other party’s communications.
If the dispute is not resolved through this meet a nd confer process, either party may initiate the arbitration process by filing an initiating document with Henning Mediation & Arbitration Services, Inc. (“Henning”) (www.henningmediation.com; 800-843-6050), or such arbitration service as the Firm may reasonably decide upon should it be determined that Henning Mediation is no longer an active mediation service or cannot perform its arbitration function for any reason. Unless the la w of the jurisdiction in which we will be providing local services requires th at the arbitration be conducted in that state, the arbitration will be conducted in Atlanta, Georgia. Otherwise, the arbitration shall take place in the city of the Firm’s office indicated at the end of this Agreement.
The Firm and you agree to share equally in the cost of the arbitration, except that each side is responsible for its own attorney’s fees and costs, unless the Ar bitrator determines that a claim or defense was put forward in bad faith or in a frivolous manner, resulting in a reallocation of fees or costs as the Arbitrator may reasonably decide.
Unless this provision is prohibited by applicable law, you expressly represent that in any dispute or arbitration proceeding, you can and will only seek to represent and advance your own interests; you shall be prohibited from seeking to assert a claim on behalf of any other party or person, either on a multi- party, representative, or class action basis; and in no event shall you be entitled to seek punitive or exemplary damages, or consequential or remote da mages, in the absence of proof of knowing and intentional misconduct expressly approved or ratified by the Firm.
It is important that you make an informed decision about the implications of arbitration and that you understand the advantages and disa dvantages of forgoing a judicial forum and proceeding with arbitration if a dispute arises. You agree that this dispute resolution process is not required by law, regulation, or ethical standard, but is an important prov ision to the Firm that is required in its client relationships. By then entering into this binding arbitration provision:
• You and the Firm are waiving the right to submit the dispute to a judge or jury, although you and the Firm both retain the right to seek immediate injunctive or declaratory relief, including relief by ex parte expedited proceedings, in the case of breaches of confidence or violations of law or equity that require immediate judicial intervention in the protection of either, or both, parties’ protected privacy, safety, or ethical rights or interests; • Pre-arbitration discovery is generally more limi ted, and different from, the discovery allowed in court proceedings, and you and the Firm jointly request that the Arbitrator affirmatively prohibit
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City of Wasco
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www.fmglaw.com
discovery unless it is deemed actually necessary to the preparation of a party’s case, in conformity with principles of due process, with the Arbi trator still directed to impose reasonable time, manner, and location limitations in order to expedite the discovery and overall resolution of the dispute;
• The Arbitrator’s award is not required to include factual findings or legal reasonings, and it may contain factual or legal errors that cannot be reviewed on appeal or through separate legal challenge;
• This Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”); • The Arbitrator is entitled to grant any remedy th at an administrative agency, court, or jury would be entitled to issue, except for those damages or limitations noted above; and • Judgment on any arbitration award may be ente red in any court having jurisdiction, and the parties consent to the jurisdiction of the state or federal district court for the purpose of entry of the Judgment and any requirements contained therein.
By signing this Agreement, you warrant that you have received sufficient information regarding the arbitration process and have had the opportunity to seek any advice from the below FMG Attorney and to receive the advice of independent counsel in reviewing the Agreement and its arbitration provision, allowing you to make an informed decision with respec t to forgoing a judicial forum. In addition to the information about arbitration provided above, th e rules and regulations for arbitrations conducted by Henning are available for review on their website at www.henningmediation.com. If you have any questions, you may contact the above-signed attorney or consult your own independent counsel.
Notwithstanding the foregoing, if a dispute arises between the Firm and you regarding the Firm’s fees or expenses under this Agreement, either party has the right to elect the binding arbitration provisions of any local law or State Bar-sponsored program intended to provide an expedited procedure to resolve such disputes. If the parties do not proceed under the S tate Bar fee arbitration procedures, any dispute over the Firm’s fees or expenses will be resolved by binding arbitration pursuant to the process described above in this section. Further, and notwithstanding anything to foregoing, the Firm will be considered to be the prevailing party if any amount of claimed fees or expenses is awarded to it. The prevailing party in any action to recover the Firm’s fees or expenses will be awarded attorney’s fees and costs incurred in a collection proceeding. This sum will include the value of the time spent by the Firm’s own attorneys and other professionals to prosecute or defend such a proceeding, with fees calculated at the rate charged to you in the matter(s) at issue.
Advance Waiver of Conflict: The Firm represents numerous companies, governments and individuals, in many different types of claims, in many different jurisdictions, and in many different professional contexts.
To the fullest extent allowed by the law and rules of professional conduct governing the jurisdiction(s) in which we will be providing Services to you, you agree that the Firm’s representation of it or its affiliates pursuant to this Engagement and in other matters will not prevent or disqualify the Firm from representing other companies, governments, or others who may be adverse to you or its affiliates, even
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Scott Hurlbert, City Manager
City of Wasco
January 31, 2023
www.fmglaw.com
in litigation, as long as the matters the Firm is handling adverse to you or its affiliates are not substantially related to the Matter we are handling for it. To this end, you understand and agree that, except with regard to substantially related matters, the Firm is free to represent other persons, governments and entities whose interests may conflict with its interests or the interests of its affiliates in litigation, business transactions, and other legal matters.
The express purpose of these provisions is to allow the Firm, to the fullest extent permissible under the law, to engage with other entities and individuals, and provide them with legal services, unless the Firm has gained confidential information that could materi ally impair the Services provided or that could materially impair your ability to assert a claim or defense against another party or person in another pending or future matter. You agree to execute an y additional waiver that may be required by the circumstances.
Firm General Counsel: The Firm has internal General Counsel, who serve as the legal counsel to the Firm and its partners and employees. This is a separate, confidential relationship.
During the course of our providing of legal services under this Engagement, our professionals and/or staff members may seek the legal opinion or guidance of our General Counsel regarding our professional, legal, contractual, or ethical duties or obligations relating in some manner to our legal services relating to the Services provided. As a condition of this Engagement, you agree to waive any conflict of interest that might be viewed to arise out of any such consultations. You further agrees that consultations by the Firm with its General Counsel or other lawyers regarding such matters are confidential and protected from disclosure to you by the Firm’s attorney-client privilege, and that you will not seek to discover or inquire into them and shall not be entitled to access to same either during the course of the engagement or thereafter should a dispute between you and the Firm ever arise. All of our communications with our General Counsel are privileged and not subject to disclosure to you absent a court order. Nothing in the foregoing shall otherwise affect the Firm’s obligation to keep you informed of material developments in the course of the representation.
Document Preservation and Disclosure: We also want to emphasize the necessity of preserving any documents in your possession that may be relev ant in any claim where you reasonably anticipate litigation. This duty may require you to suspend an y regular document or data destruction policy you would otherwise follow. The oblig ation of document preservation may include written and electronic correspondence pertaining to any of the parties or witnesses. Any questions or concerns you might have regarding this obligation should be immediately add ressed with the Firm and it is imperative that you immediately follow our guidance on these issues. Attached hereto is a more detailed memorandum regarding your obligations.
Withdrawal or Discharge: The Firm may withdraw from our rep resentation of you at any time, for any permissible reason (or no reason at all), in the mann er permitted or provided by the law or rule of professional conduct governing the location in which we are providing legal services. If you do not
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City of Wasco
January 31, 2023
www.fmglaw.com
voluntarily agree to allow for the withdrawal, the Fi rm may seek an ex parte expedited court order confirming our right to withdraw.
You may discharge the Firm at any time, for any reason. If the Firm is your attorney of record in any proceeding, you agree and covenant you will execute and return a substitution-of-attorney form executed immediately on its receipt from the Firm. You will remain obligated to pay the Firm’s fees per this Engagement for all services provided and to reimburse the Firm for all expenses incurred or advanced by the Firm before the discharge or withdrawal, incurred in effectuating the discharge or withdrawal, and as necessary to protect your interests.
End of Matter: When the firm completes its services under this matter, or sends you a Final Invoice, whichever occurs first, the attorney- client relationship between you and the Firm will be deemed to have ended. If you later retain the Firm to perform further or additional services described in this Engagement, the Firm’s attorney-client relationship will be revived subject to this Engagement (unless and to the extent otherwise agreed in writing) and on the conti nuing understanding and Engagement that it will not preclude the Firm from accepting any other engagement from any other client.
Post-Matter Retention of File Materials: During the course of our representation, we will generate and maintain certain electronic and hard copy document s and materials regarding our Services. At the conclusion of our representation, we will typically provide you with any relevant closing documents (i.e., dismissals, settlement documents, etc.), thereafter closing our file.
Unless a law or regulation requires a longer required period, we agree only to maintain Service-related materials for three (3) years after the date the Services end. After that time, we will destroy the file if kept internally or electronically or authorize any storage facility where the file is stored to destroy the file.
If you wish to have the original or a copy of your materials provided to you, you must pay in advance the costs of providing you with the materials. If you re quest the original materials, we reserve a right to maintain a copy of the file materials, at our expense.
Errors and Omissions Insurance: Our Firm currentl y has a claims-made errors and omissions insurance policy. A declaration of coverage is available upon request.
Non-Assignability: You is prohibited from assigning, encumbering, selling, or otherwise transferring any right or benefit under this Engagement, or that is derivative of any right, benefit, or obligation created by this Engagement, to any other party or person. This includes, but is in no manner limited to, claims for professional negligence, breach of contract or brea ch of any duties owed to You. Any such attempted assignment or transfer is void and a legal nullity.
Applicable Law: Except as otherwise provided, to the fulles t extent allowed by any applicable law, this Engagement shall be construed and interpreted under the law of the State of Georgia.
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City of Wasco
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Entire Engagement: This Engagement contains the entire Engagement between you and the Firm. If any provision of this Engagement is held by a court, arbitrator, or other tribunal of competent jurisdiction, in whole or in part, to be unenforceable for any reason, the remainder of this Engagement shall be severed and remain fully enforceable. Furthermore, if an y claimed offending provision can be modified or reformed to comply with any applicable governing law, regulation or ethical rule, particularly if any such provision was changed or modified after the date of this Engagement, the court or arbitrator is jointly directed by the parties to reform or modify this Enga gement so that the provision will then comply with all legal obligations, at which time it will then again be automatically reincorporated into this Engagement.
No other Engagement, statement, understanding, or promise has been made by the parties that is not fully incorporated into this Engagement, or superseded by this Engagement. This Engagement may be modified only by a subsequent jointly executed written Engagement by the parties (and that, for the Firm, has been signed by the Firm’s Managing Partner), with no subsequent oral statements, actions or inaction, or failure to earlier enforce any term or condition serving as a basis to argue that this Engagement has been modified.
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Charlie Fivecoat, Chief of Police
DATE: February 7, 2023
SUBJECT: Adopt a Resolution Authorizing the City Manager or designee to approve a purchase order to purchase six (6) new Ford Utility Interceptor, AWD Police vehicles, including emergency lighting and other police up fitting equipment; purchase of up to six (6) used vehicles including refurbishment costs, and execute a Master Agreement with Enterprise Fleet Management (without committing to any orders at this time); and make an Appropriation of ARPA funds in the amount of $500,000 and Budget Amendment to the Adopted FY 2022-2023 Capital Improvement Plan and the Adopted Annual Operating Budget for FY 2022-2023; and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
Recommendation:
Staff recommends City Council A dopt a resolution authorizing the City Manager or designee to:
1) Approve a purchase order and related documents to purchase six (6) new Ford Utility Interceptor AWD Police vehicles, including emergency lighting and other police upfitting equipment;
2) Purchase of up to six (6) used vehicles including refurbishment costs; 3) Execute a Master A greement with Enterprise Fleet Management (without committing to any orders at this time);
4) Make an Appropriation of The American Rescue Plan Act of 2021 (“ARPA”) funds in the amount of $500,000 and make appropriate Budget Amendments to the Adopted FY 2022 -2023 Capital Improvement Plan and the Adopted Annual Operating Budget for FY 2022-2023;
5) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
STAFF REPORT
City of Wasco
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Environmental Review:
The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 1506 0(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Discussion:
Police vehicle acquisition is a major component to the Police Department start up effort and supply chain issues have advers ely impacted vehicle availability. Police vehicle manufacturers currently have a one year to eighteen month backlog for new police intereceptors and volume has not kept pace with orders. Staff has identified three methodologies for obtaining the necessary quantity and types of vehicles needed by the police department.
The vehicle plan for the police department includes a mix of new, and used or reburbished vehicles acquired as staffing is added to the department. This plan allows a fleet rotation model wherein a portion of the police department fleet would rotate out of service each year to help reduce annual fleet acquisition costs.
Enterprise Fleet Management allows the City to lease/purchase police vehicles based on a forty-eight (48) month or sixty (60) month lease agreement (with buy-out options) and provides access to the Enterprise nation-wide dealer and fleet database. Enterprise Fleet Services has been identified as one preferred method of finding Hybrid Electric Police Interceptors which are v ery difficult to locate but are eligible for EV Grant funding and purchase/lease through Enterprise. The City is likely eligible for up to five, $20,000 vouchers to be used toward purchase of Hybrid vehicles. Staff recommends authorization to execute a Master Agreement with Enterprise Fleet Leasing without committing to any orders at this time.
Direct Ford factory leas ing is an additional option, and may be competitive for certain Hybrid Interceptor vehicles.
Wild Rose Patrol Vehicles is an Anahiem, California-based small business that refurbishes patrol vehicles that have been surveyed out of service by police agencies across the country. The Public Works Director and the Chief of Police conducted a site visit of the Wild Rose facility on January 26, 2023. The current inventory of available vehicles was limited and the overall serviceability of the cars ranged from poor to fair condition. The company does use OEM equipment for repair and maintenance including belt and hose items. This option does not cu rrently meet the need of the police department but may have future value when refurbished vehicle inventories are stronger.
Staff has been in contact with other regional police agencies in an attempt to locate vehicles that are going to be surveyed out of service but are fully emergency equipped and have some level of service life remaining. Staff has identified up to six additional used ve hicles that will be available on ce the other agency’s new cars arrive. It is anticipated that some or all of these vehicles will be available in the next several months.
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The police department has located new Ford Utility Interceptors that are currently in production and available due to an over order. Vehicle prices remain high primarily due to customers paying more than the listed sticker price, the shortage of supply/microchips still impacting the market, and general inflation. Staff recommends taking advantage of this over order and acquiring six of these vehicles for delivery this Summer.
Anticipated expenditures for this stage of Police Department vehicle acquisition is as follows:
Vehicle Type
Lease or
Purchase Quantity Price Total
New Ford Police Interceptors
including delivery and upfitting.
Purchase 6 $71,572 $429,432
Used Police vehicles from various
sources including refurbishment and
delivery.
Purchase 6 $6,000
(Est)
$36,000
Total current estimated expenditure: $465,432
The budget amendment coming before the Council authorizes the City Manager to make monetary and administrative adjustments necessary to the FY 2022 -2023 Capital Improvement Plan for the new Police Department and the Adopted Annual Operating Budget.
Fiscal Impact:
Approval of this item authorizes the creation of Capital Improvement Project (CIP) Wasco Police Vehicles and authorizes the following budget amendment of $500,000. The Wasco Police Department preliminary budget forecasted approximately $1.2 million for vehicles.
The Finance Director has determined this expenditure is an allowable use of ARPA funds and recommends using appropriated ARPA funds for this purpose. This budget request is a $500,000 appropriation amendment under the FY 22/23 Budget.
Attachments:
1. Resolution
2. Enterprise Fleet Management – Master Agreement
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RESOLUTION NO. 2023 -
ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROVE A PURCHASE ORDER TO PURCHASE SIX (6) NEW FORD UTILITY INTERCEPTOR AWD POLICE VEHICLES, INCLUDING EMERGENCY LIGHTING AND OTHER POLICE UPFITTING EQUIPMENT; PURCHASE UP TO SIX (6) USED POLICE VEHICLES FROM VARIOUS SOURCES INCLUDING REFURBISHMENT AND DELIVERY; AND MAKE AN APPROPRIATION OF $500,000 FROM THE AMERICAN RESCUE PLAN ACT OF 2021(“ARPA”) FUNDS WITH BUDGET AMENDMENTS TO THE ADOPTED FY 2022-2023 CAPITAL IMPROVEMENT PLAN AND THE ADOPTED ANNUAL OPERATING BUDGET FOR FY 2022-2023.
WHEREAS, the City wishes to purchase six (6) new Ford Utility Interceptor AWD Police Vehicles, including emergency lighting and upfitting equipment; and
WHEREAS, the City wishes to purchase up to six (6) used Police vehicles from various sources, including refurbishment and delivery; and
WHEREAS, the City’s cost for these twelve (12) Police vehicles will not exceed $500,000.00 and is to be funded with an appropriation of The American Rescue Plan Act of 2021 (“ARPA”) funds; and,
WHEREAS, the required budget amendments will proceed in accordance with generally accepted accounting principles (GAAP); and,
WHEREAS, City finds this project is exempt under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required; and, WHEREAS, the City delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to, purchase orders, agreements, amendments, budget amendments , and payment requests, which may be necessary for the completion of the purchase of these vehicles.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SECTION 1: Authorizes the City Manager to sign and execute a purchase order for six Ford Utility Interceptor AWD Police Vehicles, including emergency lighting and upfitting equipment for the Wasco Police Department in the amount not texceeding$435,000.
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SECTION 2: Authorizes the City Manager to negotiate, sign and execute purchase orders for six used Police vehicles from various sources, including refurbishment and delivery.
SECTION 3: Authorizes an appropriation of $500,000.00 from The American Rescue Plan Act of 2021 (“ARPA”) funds and appropriate Budget Amendments to the Adopted FY 2022 -2023 Capital Improvement Plan and the Adopted Annual Operating Budget for FY 2022- 2023 for t he total cost for these twelve (12) Police vehicles.
SECTION 4: Delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to, purchase orders, applications, agreements, amendments, budget amendments, and payment requests, which may be necessary for the completion of the p urchase of these (twelve) Police Vehicles.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2023. - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 7, 2023, by the following vote:
COUNCIL MEMBERS: MARTINEZ, GARCIA, MEDINA, REYNA, SALDAÑA AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
VINCENT MARTINEZ,
MAYOR of the City of Wasco
Attest:
__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager
Chief Charlie Fivecoat
DATE: February 7, 2023
SUBJECT: Adopt a Resolution Approving an Application for Funding and authorizing the City Manager or designee to execut e the Grant Agreement and any Amendments Thereto for the San Joaquin Valley Air Pollution Control District’s New Alternative Fuel Vehicle Purchase Program, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required. .
Recommendation:
Staff recommends the City Council receive and file this report and Adopt a Resolution of the City Council of the City of Wasco approving an application for funding and authorizing the City Manager or designee to execut e the grant agreement and any amendments thereto for the New Alternative Fuel Vehicle Purchase Program of the San Joaquin Valley Air Pollution Control District , and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Sec tion 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Discussion:
The San Joaquin Valley Air Pollution Control District (SJVAPCD) is providing funding to cities, counties, special districts, and public educational institutions for the purchase of a new electric, hybrid, or alternative fuel vehicle that will directly benefit Valley residents.
STAFF REPORT
City of Wasco
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The maximum amount of funding available is $20,000 per new vehicle with a limit of $100,000 per agency, per calendar year and is distributed on a first come, first served basis. The City proposes purchasing five (5) Police Interceptor Utility HEV SUV plug -in hybrid electric vehicles included on the SJVAPCD’s list of approved vehicles.
Fiscal Impact:
A local match is not required. Local funds will be used to supplement the purchase price exceeding $20,000 per new vehicle. Separate budget action for the required supplement will be presented on a future agenda.
Attachments:
1. Resolution
2. Jim Burke Ford Quotes
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RESOLUTION NO. 2023 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT’S NEW ALTERNATIVE FUEL VEHICLE PURCHASE PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR FUNDING AND ANY AMENDMENTS THERETO’
AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE NEW ALTERNATIVE FUEL VEHICLE PURCHASE PROGRAM.
BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SECTION 1: The City Council has reviewed and hereby approves an application made to the San Joaquin Valley Air Poll ution Control District to obtain a grant of up to $20,000 for purchase of a new alternative fuel vehicle, pursuant and subject to all the guidelines of the San Joaquin Valley Air Pollution Control District, and amendments thereto.
SECTION 2: The City Manager of the City of Wasco, or his/her designee, is hereby authorized and directed to prepare the necessary data, sign, and file such application with the San Joaquin Valley Air Pollution Control District. The City proposes purchasing five (5) Police Interceptor Utility HEV SUV plug-in hybrid electric vehicles included on the SJVAPCD’s list of approved vehicles.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2023 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 7 ,2023 by the following vote:
COUNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
VINCENT MARTINEZ
MAYOR of the City of Wasco
Attest: _______________
__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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