Agenda, first session — Wasco City Council, August 15, 2023

City of Wasco City Council Meeting Agenda, August 15, 2023

Public advisory: Face masks are recommended. The City Council chamber is open and accessible to the public.

View the meeting Live on the city’s website
https://www.cityofwasco.org/306/city-council-meeting-videos subject to technical limitations.

ACCESSIBILITY: In co
mpliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department at 661- 758-7215 or via email at [email protected] within 48 hours of the meeting or sooner.

The follow
ing is provided to assist with public participation:

AGENDA AVAILABILITY: The City Council Agenda is posted on the bu lletin board at the entry of City Hall 746 8th Street, Wasco, at the entrance of 764 E Street, Wasco, and at the entry of the Sheriff’s Office 748 F Street , Wasco. The agenda packet , meeting minutes, and archived City Council meetings are available on the City’s website at www.cityofwasco.org.

Agenda Materials: Cit y Council agenda materials are released no later than 72 hours prior to a meeting and are available to the public at the City Clerk’s Office, 746 8 th Street, Wasco, CA, in a public binder at each City Council meeting, and on the City’s website at
https://www.cityofwasco.org/AgendaCenter

PUBLIC COMMENTS: All public comments are subject to a 2 -minute limit, and a
maximum of Thirty (30) minutes will be allowed for any subject. To provide your comments to the City Councilmembers regarding matters, not on the agenda or a specific item on the agenda, you may address your comments IN PERSON . Before making your presentation, you will be asked to state your name for the record. If you would like to submit a written public comment, please email the City Clerk at [email protected] no later than 4:00 p.m. August 15, 2023. Please clearly indicate which agenda item number your comments pertain to. Every effort will be made to read your comment into the record; If a comment is received after the specific time mentioned above but before the meeting is adjourned, the comment will AGENDA
Regular City Council Meeting,
Successor Agency to the
Former Redevelopment Agency and the
Wasco Public Finance Authority

Tuesday, August 15, 2023 – 6:00 pm.

Council Chambers
746 8th Street, Wasco, CA 93280
www.cityofwasco.org

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City of Wasco City Council Meeting Agenda, August 15, 2023 still be included as a part of the record of the meeting. Still, it will not be read into the record.

Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

SPANISH INTERPRETATION: If you need an int
erpretation of your communications to the
City Council from Spanish into English, please contact the City Clerk Department at 661-758-7215 or via email at [email protected]. Subject to availability, not ifying at least 48 hours before will usually enable the City to make arrangements.

INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación de sus comunicaciones al Concejo Municipal del español al inglés, comuníquese con el Departamento del Secretario de la Ciudad al 661 -758-7215 o por correo electrónico a [email protected]. La notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer arreglos. Sujeto a disponibilidad.

GETTING TO KNOW YOUR AGENDA

Agenda Sections:

CONSENT CALENDAR I
tems are routine items that are not expected to prompt
discussion. All items are considered for approval at the same time with one vote.

Councilmembers, staff, and the public may request items be removed , and members of the public may comment on an item. Items removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items.

PUBLIC COMMENT allows the public to address the Council on any matter not listed on the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot take action on matters not listed on the agenda.

PUBLIC HEARINGS are held on matters specifically required by law. The Mayor will ask for presentations from the staff, the proponent, or the applicant involved (if applicable) in the matter under discussion. Following the Mayor will open the public hearing and ask for public comments. Following the questions from the Councilmembers. The Mayor closes the hearing, and the City Council may discuss and take action.

DEFERRED ITEMS: these are items that were postponed or delayed for specific reasons and are brought back to the Council for consideration. These items are expected to cause discussion and/or action by the Council. Staff may make a presentation, and Councilmembers may ask questions of staff and involved parties before the Mayor invites the public to provide input.

NEW BUSINESS: these are items that are expected to cause discussion and/or action by the council but do not legally require a Public Hearing. Staff may make a presentation, 2 214
City of Wasco City Council Meeting Agenda, August 15, 2023 and Council members may ask questions of staff and the involved parties before the Mayor invites the public to provide input.

CLOSED SESSION: ma
y only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the City's legal or negotiation position or compromise the employees' privacy interests. Closed sessions may be held only as explicitly authorized by law.

Council Actions:

RESOLUTIONS are for
mal expressions of opinion or intention of the Council and are usually effective immediately.

ORDINANCES are law
s adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings; an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the final approval.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: C EQA is intended to
inform government decision- makers and the public about proposed activities' potential environmental effects and prevent significant, avoidable envir onmental damage.

PROCLAMATIONS and RECOGNITIONS
are issued by the City to honor significant
achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees.

REGULAR MEETING – 6:00 pm
1) CALL TO ORDER: Mayor Martinez
2) ROLL CALL: Mayor Martinez, Mayor Pro Tem Garcia, Council Members: Medina, Reyna, Saldaña
3) FLAG SALUTE: led by Mayor
4) INVOCATION: by Paul Hernandez, Freewill Baptist Church 5) PRESENTATIONS: None
6) PUBLIC COMMENTS:

This portion of the meeting is reserved for persons desiring to address the Council and including the Council acting as the Governing Board for the Successor Agency on any matter not on this agenda and over which the Council and Successor Agency have jurisdiction. Speakers are limited to two (2) minutes. A maximum of Thirty (30) minutes will be allowed for any one subject. Please state your name for the record before making your presentation.
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City of Wasco City Council Meeting Agenda, August 15, 2023 BROWN ACT REQUIREMENTS: The Brown Act does not allow action or Discussion on items not on the agenda (subject to narrow ex ceptions). This will limit a Councilmember’s response to questions and requests made during this comment period. 7) SUCCESSOR AGENCY BUSINESS: None

8) WASCO PUBLIC FINANCE AUTHORITY BUSINESS: None

CITY COUNCIL BUSINESS:
9) CONSENT CALENDAR:

The Consent Calendar consists of items that, in the staff's opinion, are routine and non - controversial. These items are approved in one motion unless a Council Member or member of the public requests the removal of a particular item. a. Receive and File department payments totaling $444,883.92

b. Approval of City Council Minutes for:

1. August 1, 2023, Regular Meeting

2. August 1, 2023, Special Meeting

c. Adopt a resolution to Authorize the City Manager or Designee to enter into a service Agreement with the Office of the State Controller, Division of Audits, to Prepare the Annual Street Report for the Fiscal Year Ended June 30, 2023.

d. Approval of Travel Expenses Exceeding $500.00 for the Kern County Law Enforcement Chief Executive’s Association, POST Executive Seminar, September 6- 8, 2023, Pismo Beach, CA.

e. Adopt a Resolution Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments Thereto for the 2023 Wonderful Company Wonderful Community Gra nts and Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to review under CEQA.

f. Adopt a Resolution Authorizing the City Manager or his designee to approve a purchase order with Ferguson Waterworks in the amount not to exceed $48,000.00 to purchase one hundred and fifty residential water meters , 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.

g. Adopt a Resolution Authorizing the City Manager or Designee to execute Contract Change Order Request #1 in an amount not to exceed $100,000.00 with B.R Frost Company for the Trickling Filter Rehabilitation Project, 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.

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City of Wasco City Council Meeting Agenda, August 15, 2023

h. Adopt a Resolution Authorizing the City Manager or Designee to Execute an Agreement with Krazan & Associates to provide On -Call services for Materials Testing & Geotechnical Services , 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.

i. Adopt a Resolution Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments Thereto for the California Strategic Growth Council Community Resilience Centers (CRC) Grant Program and Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to review under CEQA.

10) PUBLIC HEARINGS:
a. Introduce And Waive The First Reading Of An Ordinance Of The City Council Of The City Of Wasco Replacing Ordinance No. 18 -698 And Amending Wasco Municipal Code Chapter 2.14 Relating To The Appointment Of The City Clerk And City Treasurer. (Hurlbert)

11) DEFERRED BUSINESS: None

12) NEW BUSINESS:
a. Discussion and Possible Minute Action to Appoint One Voting Delegate and Two Alternates for the League of California Cities 2023 Annual Conference and Expo held on September 20-22, 2023, in Sacramento, California, 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. (Hurlbert)

b. Adopt a Resolution Approving an Employment Agreement with Alecio Mora as Wasco Police Lieutenant, and Authorize the City Manager or Designee to Endorse the Agreement, 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. (Hurlbert)

c. Adopt a Resolution Authorizing the City Manager or Designee to execute Contract Change Order Request in an amount not to exceed $400,000.00 with Hartzell General Engineering Contractor, Inc. for the J Street Sewer extension project, 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. (Villa)

d. Adopt a Resolution Authorizing the City Manager or Designee to procure services and execute contracts including, but not limited to, Project Management, Abatement, Soils Testing, Demolition, and other items related to the abatement and demolition of the Old Farm Labor Camp up to the amount of $9,000,000.00. (Hurlbert)

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City of Wasco City Council Meeting Agenda, August 15, 2023 e. Adopt a Resolution Authorizing The City Manager or Designee to Enter into a Professional Services Agreement with Central California Appraisals and order an initial appraisal in an amount not to exceed four thousand dollars, 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. (Hurlbert)

f. Adopt A Resolution Approving A New Capital Improvement Project (Police Station); Amending the City Of Wasco Adopted Operating Budget And Capital Improvement Program Fiscal Year 2023/2024; the Establishment Of A New Police Station Fund Appropriation of $5 Million And Corresponding Revenue Budget To Allow For Reimbursement of Eligible Project Expenditures Through Grant Programs; Authorizing the City Manager Or Designee to Procure Services And Execute Contracts Including, But Not Limited To Appraisals, Site Acquisition, Environmental, Architect/Engineering Services And Other Items Related to the New Police Station, Up to the Reimbursable Amount Of $5,000,000.00, and Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to review under CEQA. (Hurlbert)
13) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Garcia)
b. Kern Council of Government (Reyna)
c. Wasco Task Force (Reyna & Medina)

14) REPORTS FROM KC FIRE AND SHERIFF:
a. Kern County Fire Department (Appleton)

b. Kern County Sheriff’s Department (Stacy)

15) REPORTS FROM THE CITY MANAGER:

16) REPORTS FROM THE CITY COUNCIL:

17) CLOSED SESSION:
a. Approval of Closed Session Minutes for August 1, 2023

b. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: Mayor Martinez and Councilmembers Unrepresented employee: City Manager

c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957
Title: City Manager

18) CLOSED SESSION ACTION:

19) ADJOURNMENT:
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City of Wasco City Council Meeting Agenda, August 15, 2023 This is to certify that this agenda was posted at Wasco City Hall on August 11, 2023, on/or before 9:00 p.m. The agenda is also available on the City website at www.cityofwasco.org. _____________________________________
Monica Flores, Deputy City Clerk
All agenda item supporting documentation is available for public review on the city website www.cityofwasco.org and the office of the City Clerk of the City of Wasco, 746 8 th Street, Wasco, CA 93280 , during regular business hours, 8:00 am – 4:30 pm Monday through Thursday and 8:30 am – 4:30 pm Friday (closed alternate Friday's), following the posting of the agenda. Any supporting documentation related to an agenda item for an open session of any regular meeting that is distributed after the agenda is posted and prior to the meeting will also be available for review at the same location and available at the meeting. Please remember to turn off all cell phones, pagers, or electronic devices during Council meetings.

The City of Wasco does not discriminate on the basis of disability in the access to, provision of, or employment in its programs and activities pursuant to 29 United States Code Section 12132 and California Civil Code Section 54.

Information regarding the rights provided under the Americans with Disabilities Act (ADA) may be obtained from the City Clerk's Office.

If yo
u need special assistance to participate in this meeting, please get in touch with the City Clerk's Office at (661) 758-7215 to make reasonable arrangements to ensure accessibility to this meeting. Telephone (661) 758- 7215. Requests for assistance should be made at least two (2) days in advance whenever possible. 7 214

WARRANTS AMOUNTS
G080223 107,599.87
G073123 90,526.52
H063023 17,644.03
G2080223 41,327.58
G080923 139,911.59
G080723 33,661.04
A1080423 5,101.33
A2080423 2,852.22
G2080923 6,259.74 Verified By:

Grand Total 444,883.92 Finance Director WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS G080223 PG & E COMPANY 85 0751114029-0 073123 25909 JULY 2023: UB 1400 J ST 395.07 G080223 PG & E COMPANY 85 4675436856-4 073123 25909 JULY 23: CENTRAL & MARGALO 468.03 G080223 CHARTER COMMUNICATIONS 68 167736001072123 25900 JULY 2023: INTERNET SRVCS FOR COW 228.76 G080223 CINTAS CORPORATION NO. 3 4480 4161613360 25901 UNIFORM SRVCS w.e. 07/14/23 379.25 G080223 CINTAS CORPORATION NO. 3 4480 4162288283 25901 UNIFORM SRVCS w.e. 07/21/23 379.25 G080223 COUNTRY AUTO & TRUCK, INC. 3008 742289 25902 DAR VEH #60: RESTOCKING FEE 27.89 G080223 COUNTRY AUTO & TRUCK, INC. 3008 742355 25902 GENERATOR- ANNEX 10 GAL OF MOTOR OIL 211.07 G080223 COUNTRY AUTO & TRUCK, INC. 3008 742414 25902 PM GENERATOR FILTER - WTR & WW 1,641.81 G080223 AMERICAN REFUSE INC 183 281136 25897 AUG/SEPT RECYCLE CARTS 746 8TH ST 60.14 G080223 FED EX 123 8-205-94034 25903 FREIGHT SRVCS w/e 07/27/23 27.13 G080223 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-137756 25906 DAR VEH #60: A/C COMPRESS 284.58 G080223 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-140211 25906 FACILITY MAINT VEH #43: O2 SENSOR 55.53 G080223 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-140212 25906 MGMT VEH #M3: OIL, AIR, CABIN FILTERS 35.97 G080223 PETERSON AUTO SUPPLY 152 7417-260177 25908 RFS VEH #23: SOLENOID, BATTERY CABLE & LUG 221.39 G080223 PETERSON AUTO SUPPLY 152 7417-260352 25908 STR VEH #79: 5 SHIPPER BELTS 117.43 G080223 ABATE A WEED 172 1014858 25895 25 GALLONS OF HERBICIDES USED FOR WWTP BASINS 3,504.03 G080223 ACC BUSINESS 4766 231955938 25896 FIBER NETWORK SERVICES 816.91 G080223 ASPHALT COATINGS ENGINEERING, INC 411 34406 25898 GLASS BEADS FOR TRAFFIC MARKING 773.99 G080223 ATT - PAYMENT CENTER 1488 0020279457 25899 PHONE SERVICES 06/24/23-07/23/23 28.49 G080223 ATT - PAYMENT CENTER 1488 0020279458 25899 PHONE SERVICES 06/24/23-07/23/23 47.40 G080223 ATT - PAYMENT CENTER 1488 0020279459 25899 PHONE SERVICES 06/24/23-07/23/23 24.47 G080223 ATT - PAYMENT CENTER 1488 0020279460 25899 PHONE SERVICES 06/24/23-07/23/23 323.17 G080223 ATT - PAYMENT CENTER 1488 0020279461 25899 PHONE SERVICES 06/24/23-07/23/23 24.61 G080223 ATT - PAYMENT CENTER 1488 0020279462 25899 PHONE SERVICES 06/24/23-07/23/23 70.32 G080223 ATT - PAYMENT CENTER 1488 0020279463 25899 PHONE SERVICES 06/24/23-07/23/23 24.60 As of: August 9, 2023
Bill Pay
1 of 4
Digitally signed by: Isarel
Perez-Hernandez
DN: CN = Isarel Perez-
Hernandez email =
[email protected] C
= US
Date: 2023.08.09 15:53:54
-08'00'
Isarel
Perez-
Hernandez
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS G080223 ATT - PAYMENT CENTER 1488 002027964 25899 PHONE SERVICES 06/24/23-07/23/23 47.40 G080223 ATT - PAYMENT CENTER 1488 0020279465 25899 PHONE SERVICES 06/24/23-07/23/23 24.47 G080223 ATT - PAYMENT CENTER 1488 0020279466 25899 PHONE SERVICES 06/24/23-07/23/23 24.47 G080223 ATT - PAYMENT CENTER 1488 002079467 25899 PHONE SERVICES 06/24/23-07/23/23 1,384.85 G080223 ATT - PAYMENT CENTER 1488 0020279468 25899 PHONE SERVICES 06/24/23-07/23/23 24.47 G080223 ATT - PAYMENT CENTER 1488 0020279469 25899 PHONE SERVICES 06/24/23-07/23/23 28.49 G080223 ATT - PAYMENT CENTER 1488 0020279470 25899 PHONE SERVICES 06/24/23-07/23/23 45.85 G080223 ATT - PAYMENT CENTER 1488 0020279471 25899 PHONE SERVICES 06/24/23-07/23/23 24.47 G080223 ATT - PAYMENT CENTER 1488 0020279472 25899 PHONE SERVICES 06/24/23-07/23/23 27.47 G080223 ATT - PAYMENT CENTER 1488 0020279473 25899 PHONE SERVICES 06/24/23-07/23/23 24.47 G080223 ATT - PAYMENT CENTER 1488 002027974 25899 PHONE SERVICES 06/24/23-07/23/23 24.47 G080223 ATT - PAYMENT CENTER 1488 0020279475 25899 PHONE SERVICES 06/24/23-07/23/23 70.32 G080223 ATT - PAYMENT CENTER 1488 0020280998 25899 PHONE SERVICES 06/24/23-07/23/23 84.34 G080223 HECTOR DELGADO 5719 23-000069 25904 RFND FOR ENCROACHMENT PERMIT 717.00 G080223 INFO SEND, INC. 4244 243862 25905 Q2: TCP WATER INSERT 956.18 G080223 PAY DIRT CONSTRUCTION INC 5848 INVOICE #3 25907 20236: LINE SLUDGE DRYING BED 1 & 2 AT WWTP 44,965.00 G080223 SOLENIS LLC 4012 132378391 25910 POLYMER TOTE FOR DAILY CENTRIFUGE DEWATER 6,210.67 G080223 TONY'S SNOWTIME 5959 130 25911 22024: BIKE RODEO SHAVED ICED 725.00 G080223 TYLER TECHNOLOGIES, INC 1064 045-430092 25912 MUNIS SUPPORT & UPDATE LICENSING 092323-092224 38,318.46 G080223 USA BLUEBOOK 498 INV00066282 25913 24025: RPLC SUBMERSIBLE PUMP&LEVEL AT PUMP STATION 2,231.68 G080223 WASCO AUTOMOTIVE & SMOG 2676 21717 25914 FM VEH #43: CATALYTIC CONVERTER & EXHAUST PIPE 1,129.34 G080223 ZEE MEDICAL SERVICE CO. #34 238 34-201311 25915 WW - FIRST AID KIT RESTOCK 07/2023 273.89 G080223 ZEE MEDICAL SERVICE CO. #34 238 34-201310 25915 AC - FIRST AID KIT RESTOCK - 07/2023 65.82 G080223 Total 107,599.87
G073123 PACE ANALYTICAL SERVICES, INC 5694 B478957 25919 WW SAMPLE TEST: 6/27/23 INFLUENT MONITORING 70.00 G073123 PACE ANALYTICAL SERVICES, INC 5694 B479020 25919 WW SAMPLE TEST: 6/29/23 INFLUENT MONITORING 70.00 G073123 CALIFORNIA SAFETY TRAINING CORPORATI 1711 111453 25916 6/7/23 PESTICIDE TRAINING VARIOUS DEPARTMENTS 765.00 G073123 CEN-CAL CONSTRUCTION 3848 2338-01 25917 22022: TDA ART 3 SOUTHGATE RAMPS 82,170.68 G073123 INFO SEND, INC. 4244 242642 25918 JUNE STMTS DATA PRCSSNG/PRINT/MAIL 4,544.54 G073123 THE BAKERSFIELD CALIFORNIAN 206 89224AD183202 25920 ADS: UTILITY TECH & STAFF ACCTNT 513.80 G073123 WILLIAM C. STATLER 5136 JUNE 2023 25921 JUN 2023:FINANCIAL MNGMT SRVCS/PER AGRMNT2021-037 2,392.50 G073123 Total 90,526.52
H063023 DEE JASPAR AND ASSOCIATES, INC 378 23-00647 25922 23003: WELL #13 EQUIPPING 17,644.03 H063023 Total 17,644.03
G2080223 DOUGLAS TRUCK BODY INC 780 71887 25923 22005: FLAT TOP COMPARTMENT CRANE INSTALL 41,327.58 G2080223 Total 41,327.58
G080923 PG & E COMPANY 85 2867383297-9 073123 25952 UB 747 GST WELL #14 33,102.23 G080923 PG & E COMPANY 85 5199704189-5 072623 25952 UB MULTIPLE LOCATIONS 07/26/23 31,710.11 G080923 PACE ANALYTICAL SERVICES, INC 5694 B479123 25949 WW SAMPLE TEST: 7/3/23 INFLUENT MONITORING 70.00 G080923 PACE ANALYTICAL SERVICES, INC 5694 B478868 25949 WTR SAMPLE TEST: 7/3/23 BACTERIOLOGICAL DWPDIST12 98.00 G080923 PACE ANALYTICAL SERVICES, INC 5694 B479113 25949 WTR SAMPLE TEST: 7/11/23 WELL #10 DRINK WTR CLIP 24.00 G080923 PACE ANALYTICAL SERVICES, INC 5694 B479187 25949 WTR SAMPLE TEST: 7/12/23 WELL #10 DRINK WTR 24.00 G080923 PACE ANALYTICAL SERVICES, INC 5694 B479256 25949 WTR SAMPLE TEST: 7/12/23 WELL #7,8,10,11,12,14 1,800.00 G080923 PACE ANALYTICAL SERVICES, INC 5694 B479321 25949 WTR SAMPLE TEST: 7/13/23 WELL #10 DRINK WTR 24.00 G080923 PACE ANALYTICAL SERVICES, INC 5694 B479368 25949 WTR SAMPLE TEST: 7/13/23 BACTERIOLOGICAL 12IN MAIN 42.00 G080923 PACE ANALYTICAL SERVICES, INC 5694 B479421 25949 WTR SAMPLE TEST: 7/11/23 BACTERIOLOGICAL 84.00 2 of 4
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS G080923 PACE ANALYTICAL SERVICES, INC 5694 B479523 25949 WTR SAMPLE TEST: 7/17/23 WELL #10 DRINK WTR 24.00 G080923 COUNTRY AUTO & TRUCK, INC. 3008 742452 25935 STR VEH #79: HYDRAULIC,FUEL, OIL, & AIR FILTERS 188.85 G080923 COUNTRY AUTO & TRUCK, INC. 3008 742529 25935 WW #GENERATORS: MOTOR OIL 211.07 G080923 COUNTRY AUTO & TRUCK, INC. 3008 742614 25935 WTR #GENERATORS: AIR FILTER 94.99 G080923 AMERICAN REFUSE INC 183 281135 25928 AUG & SEPT 2023: 801 8TH ST RECYCLE CART 60.14 G080923 AMERICAN REFUSE INC 183 281885 25928 AUG 2023: 3YD BIN 801 8TH ST 9.86 G080923 AMERICAN REFUSE INC 183 281889 25928 JULY 2023: PRISON SCALE FEES 300.00 G080923 FED EX 123 8-213-18272 25939 FREIGHT SRVCS W.E. 080323 51.81 G080923 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-142421 25947 RFS VEH #25: FUNNEL, STARTING FLUID 26.50 G080923 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-142556 25947 DAR VEH #61: CORE CHARGE & STG GEAR 305.63 G080923 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-142557 25947 WATER VEH #59: VINYL & FABRIC, BATTERY, & KIT 217.53 G080923 PETERSON AUTO SUPPLY 152 7417-260819 25951 RFS VEH #25: BOLT CLAMP 16.28 G080923 DOUGLAS TRUCK BODY INC 780 71887b 25937 22005: CRANE INSTALL - COAT CARGO AREA 872.50 G080923 USA BLUEBOOK 498 INV00074902 25962 PUMP LIFTING CHAIN KIT 367.24 G080923 ZEE MEDICAL SERVICE CO. #34 238 34-201340 25965 ONSITE BATTERY FOR KIT FOR PW DEPT 218.61 G080923 AC POETTEGEN & SON 5874 0000291122 25925 RFS VEH #25: T-BOLT CLAMP 15.13 G080923 ALEXANDER'S CONTRACT SERVICES, INC. 3828 202307140590 25926 7/11/23-7/14/23 METER READING SERVICE 6,607.09 G080923 AMAZON CAPITAL SERVICES, INC 4968 1HH9-GKVH-TCCT 25927 CHAIRS CONFERENCE ROOM, TRANSIT SUPPORT 1,047.91 G080923 AMAZON CAPITAL SERVICES, INC 4968 11F4-G3Q9-QDMV 25927 PODIUM FOR SPECIAL EVENTS 114.73 G080923 AMAZON CAPITAL SERVICES, INC 4968 1WN6-MKJX-3PVQ 25927 COOLING TOWEL FOR TRANSIT DRIVERS 61.32 G080923 AMAZON CAPITAL SERVICES, INC 4968 1QPW-C1K1-43FN 25927 MARKETING MATERIALS FOR TRANSIT 59.53 G080923 AMAZON CAPITAL SERVICES, INC 4968 1LX7-36TR-T334 25927 MINUTE ARCHIVAL PAPER 145.72 G080923 AMAZON CAPITAL SERVICES, INC 4968 1WKQ-HCVV-LW4M 25927 EMBROIDERY NAME PATCHES FOR DILYNN CARDONA 44.70 G080923 AMAZON CAPITAL SERVICES, INC 4968 1GXF-7HKX-94NX 25927 RFS VEH #23: A/C COOLING FAN 92.50 G080923 AMAZON CAPITAL SERVICES, INC 4968 1LFN-FKNK-99LJ 25927 1 QT: SCREW BENCH CHAIN PIPE VISE WITH CRANK 73.60 G080923 AMAZON CAPITAL SERVICES, INC 4968 111T-R7R6-MMNR 25927 DAR VEH #63: 3 A/C COOLING FANS 271.95 G080923 AMAZON CAPITAL SERVICES, INC 4968 141V-33VW-QDMH 25927 1 QT: UNDERGROUND WIRE & SPRINKLER VALVE 703.61 G080923 AMAZON CAPITAL SERVICES, INC 4968 174C-YQNV-KDVM 25927 2 QT: SOLID PAINT MARKERS - WHITE 81.18 G080923 AMERICAN WATER WORKS ASSOCIATION 357 7002106466 25929 7/1/23-6/30/24: LUIS VILLA MEMBERSHIP 487.00 G080923 BANK UP CORPORATION 4259 5762 25930 JULY 2023: LOCKBOXX PROCESSING 675.81 G080923 BSK & ASSOCIATES, INC. 1052 AG16264 25931 WW SAMPLE TEST: 7/6/23 BOD & TSS 140.00 G080923 BSK & ASSOCIATES, INC. 1052 AG16646 25931 WW SAMPLE TEST: 7/11/23 BOD & TSS 140.00 G080923 BSK & ASSOCIATES, INC. 1052 AG16809 25931 WTR SAMPLE TEST: 7/13/23 BOD & TSS 140.00 G080923 BSK & ASSOCIATES, INC. 1052 AG16896 25931 WW SAMPLE TEST: 7/18/23 BOD & TSS 140.00 G080923 BSK & ASSOCIATES, INC. 1052 AG17740 25931 WW SAMLE TEST: 7/27/23 BOD & TSS 140.00 G080923 CALLTOWER, INC 5098 201565052 25932 AUG 2023: PHONE SERVICES 46.79 G080923 CLARK PEST CONTROL 117 33600136 25933 JULY 2023: 746 8TH & 1445 12TH ST PEST CONTROL SER 235.00 G080923 CLARK PEST CONTROL 117 33603099 25933 JULY 2023: 1400 J ST PEST CONTROL SERV 220.00 G080923 CLEAN STRIDE LLC 5289 8791 25934 JULY 2023: JANITORIAL SERVICES 4,897.00 G080923 DISCOUNT RADIATOR CENTER 5733 5468 25936 RFS VEH #25: RADIATOR ROD & RESET BOTH TANKS 650.00 G080923 FASTENAL COMPANY 3221 CABAE23628 25938 JANITORIAL SUPPLIES FOR DAILY OPERATIONS 1,159.11 G080923 GALVAN LUIS 5949 070723 REIMB 25940 REIMBURSEMENT FOR D2 EXAM 65.00 G080923 GARDAWORLD 4266 10748523 25941 AUG 2023: ARMORED CAR SRVCS 443.59 G080923 GARDAWORLD 4266 20576049 25941 JULY 2023: EXCESS SERVICES 84.13 G080923 GENERAL OFFICE MACHINE COMPANY 1195 21444 25942 COPIER METER READING 07/01-08/01 1,141.32 G080923 JEFFRIES BROS., INC 140 131193 25943 RFS #GENERAL: 195 GAL OF HYDRAULIC OIL 2,232.75 3 of 4
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS G080923 KNIGHT'S SITE SERVICES, INC 1075 0000172238 25944 7/25/23-8/21/23: PORTABLE TOILET SERV AT GW SITE 64.36 G080923 LOPEZ MAINTENANCE 5207 0334006 25945 ABATEMENT WORK ORDER 930 BROADWAY 600.00 G080923 NEW YORK LIFE INSURANCE COMPANY 4733 YMH20230803 25946 JULY 2023: INS PREMIUM 270.00 G080923 P & J ELECTRIC, INC. 66 8408 25948 REPARIS: CENTRIFUGE - EXHAUST FAN FOR PUMP 1,486.24 G080923 PASQUINI ENGINEERING, INC 5808 TOPOJST 25950 TOPOGRAPHIC SURVEY FOR SEWER LINE ON J ST 340.00 G080923 PRINCIPAL LIFE INSURANCE COMPANY 5862 1168207-10001 AUG 23 25953 AUG 2023: INS PREMIUM VISION-DENTAL -LIFE 7,519.49 G080923 QUADIENT LEASING USA, INC 2996 N10053909 25954 POSTAGE LEASING 090223-120123 312.95 G080923 ROBERT HALF 4814 62365074 25955 TEMP X.NIETO W.E. 072823 1,428.27 G080923 ROBERT HALF 4814 62343800 25955 TEMP X.NIETO W.E. 072123 1,511.53 G080923 ROBERT HALF 4814 62308575 25955 TEMP X.NIETO W.E. 071423 1,475.15 G080923 ROBERT HALF 4814 62270179 25955 TEMP X.NIETO W.E. 070723 868.80 G080923 SPAY NEUTER IMPERATIVE PROJECT CALIFO 5032 8404 25956 23029: 8/2-3/23 GRANT 3 YR FREE SPAY/NEUTER CLINIC 7,500.00 G080923 SONSRAY MACHINERY INC 5961 ESA001851V1 25957 23023: DUMP TRAILER 17,757.57 G080923 T-MOBILE 4899 964042089 JULY23 25958 CELL PHONE SRVCS 062123-072023 870.14 G080923 TLC ANIMAL REMOVAL SERVICES 5195 0002134 25959 7/17/23: ANIMAL DISPOSAL SERVICES 800.00 G080923 UNDERGROUND SERVICE ALERT 167 2023132390 25960 2023 MEMBERSHIP FEE, 534 QT BILLABLE TICKETS 919.55 G080923 UNIVAR USA INC 111 51273466 25961 WELL #12: MCCOMBS - ANNIN & PALM LIQUID CHLORINE 1,978.49 G080923 UNIVAR USA INC 111 51295780 25961 WELL #14: 747 G ST LIQUID CHLORINE 829.20 G080923 WASCO T-SHIRTS PRINTING 497 8916 25963 PD PATCHES & POLO SHIRTS 995.90 G080923 WATER ENVIROMENT FEDERATION 426 20576049 25964 JULY 2023: EXCESS SERVICES 84.13 G080923 Total 139,911.59
G080723 FED EX 123 8-179-11974 25967 FREIGHT SRVCS W.E. 062923 22.66 G080723 BHT ENGINEERING, INC 5134 23-262 25966 21034: PG&E REVIEW 6/1/23-6/30/23 462.50 G080723 BHT ENGINEERING, INC 5134 23-258 25966 21016: SB1 POPLAR AVE 6/1/23-6/30/23 5,597.50 G080723 FLOWATER INC 5241 INV67710 25968 23031: INSTALL REFILL STATION AT CITY HALL 8,410.50 G080723 JORGENSEN & CO. 137 6069482 25969 JUNE 2023: 5410 7TH ST - INSTRUMENT CALIBRATION 260.00 G080723 JORGENSEN & CO. 137 6069483 25969 INSTRUMENT CALIBARTIONS 110.00 G080723 KERN COUNTY WASTE MANAGEMENT DEPT. 19 34261-IN 25970 APRIL 2023: STSWP FEES 3,022.52 G080723 KERN COUNTY WASTE MANAGEMENT DEPT. 19 34294-IN 25970 APRIL 2023: WSP LANDFILL FEES 1,546.86 G080723 KERN COUNTY WASTE MANAGEMENT DEPT. 19 34858-IN 25970 MAY 2023: STSWP FEES 4,574.04 G080723 KERN COUNTY WASTE MANAGEMENT DEPT. 19 34885-IN 25970 MAY 2023: WSP LANDFILL FEES 1,128.10 G080723 KERN COUNTY WASTE MANAGEMENT DEPT. 19 35532-IN 25970 JUNE 2023: STSWP FEES 3,248.00 G080723 KERN COUNTY WASTE MANAGEMENT DEPT. 19 35564-IN 25970 JUNE 2023: WSP LANDFILL FEES 1,671.56 G080723 WASCO VETERINARY CLINIC 4770 JUNE 2023 25971 JUNE 2023: VET SERVICES 3,606.80 G080723 Total 33,661.04
A1080423 NAVIA BENEFIT SOLUTIONS 5664 072623 5343 MEDICAL CHECK RUN 072623 5,101.33 A1080423 Total 5,101.33
A2080423 NAVIA BENEFIT SOLUTIONS 5664 073123 5344 MEDICAL CHECK RUN 2,852.22 A2080423 Total 2,852.22
G2080923 TOTAL SECURITY SOLUTIONS, INC 5957 1024490 25972 PD REMODEL WINDOWS/DOOR/PANELS 6,259.74 G2080923 Total 6,259.74
Grand Total 444,883.92
4 of 4
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City of Wasco City Council Meeting Minutes, August 1, 2023

MINUTES

WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Tuesday, August 1, 2023
Regular Meeting – 6:00 pm.

City Council Chambers
746 8th Street, Wasco, CA 93280

REGULAR MEETING – 6:00 pm

1) CALL TO ORDER:

Mayor Martinez called the meeting to order at 6:01 pm.

2) ROLL CALL:

PRESENT: Mayor Martinez, Mayor Pro Tem Garcia, Council Members: Medina, Reyna, Saldaña

STAFF PRESENT: City Manager Hurlbert, City Attorney Schroeter, Assistant City Manager Lara, City Clerk Martinez, Deputy City Clerk Flores, Public Works Director Villa, Community Development Cobb, Finance Director Perez -Hernandez, Kern County Sheriff Sergeant Stacy

3) FLAG SALUTE: led by Mayor

4) INVOCATION: by Manuel Cantu, Lifehouse Church

5) PRESENTATIONS:
a. Proclamation for Kelly Richers
Mayor Martinez presented the proclamation to Kelly Richers.

6) PUBLIC COMMENTS:
• David Couch
• Maria Espinoza

7) SUCCESSOR AGENCY BUSINESS: None

8) WASCO PUBLIC FINANCE AUTHORITY BUSINESS: None

CITY COUNCIL BUSINESS:
9) CONSENT CALENDAR:

12 214
City of Wasco City Council Meeting Minutes, August 1, 2023 b. Approval of Travel and Training Expenses Exceeding $500.00 per trip for one-half of City Attorney Thomas F. Schroeter's registration fees and one night's hotel stay to attend the League of California Cities Annual Conference held on September 20 – 22, 2023, in Sacramento, California, not to exceed $502.00, 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.

c. Receive and File the Investment Report for the month ended May 31, 2023.

d. Adopt a Resolution Authorizing the City Manager or Designee to record a deed correction for City owned property at APN 030-071-12 and find that this project is classified as categorically exempt pursuant to CEQA Section 15061(b)(3).

Reso#2023-3941

e. Adopt a Resolution authorizing the City Manager or Designee to record a deed restriction on City owned property at APN 030 -071-12 and 19 and find that this project is classified as categorically exempt pursuant to CEQA Section 15061(b)(3).

Pulled for further consideration

f. Adopt a Resolution to Execute a Transfer of the Kern County Low Carbon Transit Operations Program (LCTOP) Funds from the City of California City to the City of Wasco for Fiscal Years 2022 Through 2023, for the Transit Bus Shelter(s) Project, in the amount of $37,178.00; and Find that Pursuant to State CEQA Guidelines Section 15301 (Existing Facilities), the proposed project is Categorically Exempt.

Pulled for further consideration

g. Adopt a Resolution Authorizing the City Manager or his designee to approve a purchase order with Plumbers Depot Inc. in the amount not to exceed $70,000.00 to purchase one Closed Circuit Television Sewer Camera Unit for t he Wastewater Department, and Find that Pursuant to State CEQA Guidelines 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, no environmental review is required.

Reso#2023-3944

h. Adopt a Resolution Authorizing the City Manager or Designee to execute an amended purchase order with Total Security Solutions for the Wasco Police Department Security Materials in the amount of $12,519.47, and Find that this Project is classified as categorically exempt pursuant to CEQA Section 15061(b)(3), no environmental review is required.

Reso#2023-3945

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City of Wasco City Council Meeting Minutes, August 1, 2023

No public comments.

No Conflict of Interest on the consent calendar for any of the Council members.

City Manager Hurlbert pulled item 9f for further consideration.

Council Member Reyna pulled item 9e for further discussion.

Motion was made by Mayor Martinez, seconded by Council Member Medina, to approve the Consent Calendar with separate consideration on items 9e and 9f by the following roll call vote:

AYES: MARTINEZ, GARCIA, MEDINA, REYNA, SALDANA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

Reso#2023-3942

Council Member Reyna requested clarification if Central Park’s minor amenities would include bathrooms, tables, and benches.

City Manager Hurlbert clarified this item did not pertain to the design of Central Park, however, he responded to Council Member Reyna’s question and stated the park will not have a bathroom and will have designated benches and tables in the design.

No public comments.

Motion was made by Council Member Reyna, seconded by Mayor Pro Tem Garcia, to approve item 9e by the following roll call vote:

AYES: MARTINEZ, GARCIA, MEDINA, REYNA, SALDANA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

Reso#2023-3943

Assistant City Manager Lara requested the council to consider and adopt the resolution with the addition of Section 3 and Section 4.

No public comments
14 214
City of Wasco City Council Meeting Minutes, August 1, 2023

Motion was made by Mayor Martinez, seconded by Mayor Pro Tem Garcia, to approve item 9f with the changes mentioned by the following roll call vote:

AYES: MARTINEZ, GARCIA, MEDINA, REYNA, SALDANA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
10) PUBLIC HEARINGS: None

11) DEFERRED BUSINESS: None

12) NEW BUSINESS: None

13) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Garcia)
No reports – Next meeting on September 28, 2023

b. Kern Council of Government (Reyna)
No reports

c. Wasco Task Force (Reyna & Medina)
No reports – next meeting in late August

14) REPORTS FROM KC FIRE AND SHERIFF:
a. Kern County Fire Department (Appleton)
No reports – Chief Appleton absent

b. Kern County Sheriff’s Department (Stacy)
Sergeant Stacy reported on recent crimes.

15) REPORTS FROM THE CITY MANAGER:

City Manager Hurlbert updated the council on the following:
• SNIP events will take place on August 2, August 23, September 6, and September 20 from 8:00 AM to 4:00 PM at the Old Courthouse.
• Adventist Health hosting back -to-school healthcare – August 2, 2023, 9:00 AM – 4:00 PM.
• Ribbon cutting for Poso Avenue underpass on August 3, 2023, 10:00 AM located at Poso Avenue and F Street.
• Community Breakfast August 2, 2023, at 10:00 AM at the Old Courthouse • Wasco State prison tour will be held on September 6, 2023. The deadline of August 23, 2023, to submit paperwork for clearance.
• Open recruitment for two vacant seats on the Measure X committee and the City will accept applications online or in-person.
• September 5-7, 2023 Community Emergency Response Team (CERT) training at the Old Courthouse
• Central Park groundbreaking will take place on August 10, 2023, at 9:00 AM located on Central Avenue and Filburn Avenue.
• CERF meeting Community Economic Resilience Fund - Kern Community College is sponsoring on August 29, 2023, 6:00 PM – 8:00 pm at Old Courthouse. 15 214
City of Wasco City Council Meeting Minutes, August 1, 2023 • City has accepted an offer to distribute compost to the community provided by American Refuse at the location on Annin and Gromer to begin August 2, 2023. • North of 7th Street and D Street abandoned building has been cleared. • Last meeting discussed the utility shutoff notices , of which 432 notices were delivered and had remarkable results – about half either paid their accounts to current or entered into a payment arrangement for residential and multi -family accounts. For commercial accounts - 31 were delinquent – 16 paid to current and/or entered into payment ar rangements - 3 had a service change leaving only 12 accounts delinquent.

16) REPORTS FROM THE CITY COUNCIL:

Mayor Pro Tem Garcia:
• He visited the local churches and shared the news of the utility shutoff notices and recommended that the residents call the Community Action Partnership of Kern (CAPK) or the city for those in need of financial assistance.

Council Member Medina:
• Pleased with news of the building on 7th Street and D Street building being knocked down and thanked staff
• House of Fades will offer free haircuts , free backpacks food , and drinks on Sunday, August 5, 2023, beginning at 9:00 AM.

Council Member Reyna:
• Asked to bring back to a future meeting with an update – 2013 the city received $2,781,433.00 from Caltrans Active Transportation Fund for the Safe Route s to School program – has the City used the funds or have the funds been exhausted; Has the City applied for additional funding to maintain and expand the existing infrastructure
• There was a truck vendor at westside park and a tricycle vendor selling food, and would like a discussion on having a nighttime market on weekends , Friday to Sunday, and asked the vendors to be there as long as they are complying with state laws, and the health department practices; asked to consider this idea for the future as a solution to having the food vendors selling food without being in compliance with the city ordinances.
• Regarding the Lily Street property great job to staff – one of the neighbors reported to him the car in the driveway has been used for homeless people to sleep in.

Mayor Martinez read the closed-session item titles.

No public comments.

Mayor Martinez adjourned into the closed session meeting with a five-minute recess at 6:57 PM.

Mayor Martinez adjourned out of the closed session meeting at 8:21 pm.

16 214
City of Wasco City Council Meeting Minutes, August 1, 2023 17) CLOSED SESSION:
a. Approval of Closed Session Minutes for July 18, 2023

b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Paragraph (2) of Subdivision (d) and Paragraph (1) of Subdivision (e) of §54956.9: One potential case

18) CLOSED SESSION ACTION:

City Attorney Schroeter reported out.

a. Approval of Closed Session Minutes for July 18, 2023

Motion was made by Council Member Reyna, seconded by Mayor Martinez, to approve the closed session minutes by the following roll call vote:

AYES: MARTINEZ, GARCIA, MEDINA, REYNA, SALDANA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Paragraph (2) of Subdivision (d) and Paragraph (1) of Subdivision (e) of §54956.9: One potential case No reportable action

19) ADJOURNMENT:

Mayor Martinez adjourned the meeting at 8:22 pm.

____________________________________
Monica Flores, Deputy City Clerk

______________________________________
Vincent Martinez, Mayor

17 214
City of Wasco City Council Special Meeting Agenda, August 1, 2023

MINUTES

WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Tuesday, August 1, 2023
Special Meeting – 6:00 pm.

City Council Chambers
746 8th Street, Wasco, CA 93280
SPECIAL MEETING – 6:00 p.m.

1) CALL TO ORDER: Mayor Martinez
Mayor Martinez called the meeting to order at 6:57 pm.

2) ROLL CALL:

PRESENT: Mayor Martinez, Mayor Pro Tem Garcia, Council Members: Medina, Reyna, Saldaña

Mayor Martinez read the closed session item titles.

No public comments.

Mayor Martinez called a five -minute recess at 6:58 PM, then to adjourn into closed session at 7:03 PM.

Mayor Martinez adjourned out of closed session at 8:21 pm.

3) CLOSED SESSION:

City Attorney Schroeter reported out.

a. CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION - (Paragraph (1) of subdivision (d) of Section 54956.9) Southern California Edison v. California State Board of Equalization et al.

No reportable action.

b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – City Manager per Government Code Section 54947
No reportable action.

4) ADJOURNMENT:

Mayor Martinez adjourned the meeting at 8:22 pm.

____________________________________
Monica Flores, Deputy City Clerk

______________________________________
Vincent Martinez, Mayor
18 214

STAFF REPORT

CITY OF WASCO

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Isarel Perez-Hernandez, Finance Director

DATE: August 15, 2023

SUBJECT: Adopt a resolution to Authorize the City Manager or Designee to enter into a service Agreement with the Office of the State Controller, Division of Audits, to Prepare the Annual Street Report for the Fiscal Year Ended June 30, 2023.
_____________________________________________________________________________________

Recommendation:

Staff recommends that the City Council:
1) Adopt a resolution authorizing the City Manager or designee to enter into a service agreement with the Office of the State Controller, Division of Audits , to prepare the annual street report for the Fiscal Year ended June 30, 2023.

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.

Background:

The City of Wasco is required to file an Annual Street Report at the end of each fiscal year. The California State Controller will assist in the preparation of this report on a cost recovery basis , not to exceed $ 3,000. There is a significant advantage in having the assistance of the State of California in preparing the report. The assistance provided by the State Controller's office is very valuable in creating an accurate and timely report. It should also be noted that if the State of California is involved in preparing the report, the more likely it is that the report will be accepted without further inquiry or audit. The cost of this report will be funded from the Gas Tax Revenues as allowed by the State.

19 214
Fiscal Impact:

None; the cost will be charged to the Gas Tax Fund. No budget action is required with the approval of this item.

Attachments:

1. Agreement

2. Resolution
20 214

RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF THE STATE

CONTROLLER, DIVISION OF AUDITS

WHEREAS, the City wishes to enter into an agreement with the Office of the State Controller, Division of Audits; and

WHEREAS, the Office of the State Controller, Division of Audits will provide services to prepare the annual street report for the Fiscal Year ended June 30, 2023; and

WHEREAS, said agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and

WHEREAS, the Office of the State Controller, Division of Audits, and the City each acknowledge that each party has reviewed the agreement; and

WHEREAS, the agreement shall be governed by and construed in accordance with the laws of the State of California

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes the City Manager or designee to enter into an agreement with the Office of the State Controller, Division of Audits for preparation of the annual street report , and not to exceed $3,000.

-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 August 15, 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

21 214
MALIA M. COHEN

CALIFORNIA STATE CONTROLLER
June 21, 2023
Isarel Perez-Hernandez
Finance Director
City of Wasco
764 E Street
Wasco, CA 93280
Dear Mr. Perez-Hernandez:

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

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

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

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

Sincerely,
Original signed by
JORDAN INABNIT, CPA, Audit Manager
Local Government Audits Bureau
Division of Audits
JI/lt
Enclosures
MAILING ADDRESS P.O. Box 942850, Sacramento, CA 94250
SACRAMENTO 3301 C Street, Suite 700, Sacramento, CA 95816 | 916.324.8907 LOS ANGELES 901 Corporate Center Drive, Suite 200, Monterey Park, CA 91754 | 323.981.6802 22 214
MALIA M. COHEN

CALIFORNIA STATE CONTROLLER

CONTRACT FOR SERVICES

TO PREPARE

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

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

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

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

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

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

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

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

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

VIII. The city will designate a manag ement-level individual to be responsible and accountable for overseeing the non-audit service.
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IX. The city will establish and monitor the performance of the non-audit service to ensure that it meets management’s objectives.

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

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

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

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

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

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

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

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

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

City of Wasco MALIA M. COHEN
California State Controller
Signature: Date:
__________________________________ _________
Signature: Date:
__________________________________ _________
Printed Name: KIMBERLY TARVIN, CPA
Chief, Division of Audits
_____________________________________________
Title:
_______
________________________________________
Address:
_______
________________________________________
_______
________________________________________
_______
________________________________________
24 214

STAFF REPORT
City of Wasco

TO:

FROM:

DATE:

SUBJECT:

Honorable Mayor and Council Members

M. Scott Hurlbert, City Manager
Charlie Fivecoat, Chief of Police

August 15, 2023

Approval of Travel Expenses Exceeding $500.00 for the Kern County Law Enforcement Chief Executive’s Association, POST Executive Seminar, September 6-8, 2023, Pismo Beach, CA.

Recommendation:

Staff recommends the City Council:
1) Approval of Travel Expenses Exceeding $500.00 for Chief of Police Charlie Fivecoat, to the KCLECEA Executive Seminar, September 6 -8, 2023 in Pismo Beach, CA; and

Environmental Review:

Discussion:

The 2023 Kern County Law Enforcement Chief Executive’s Association POST Executive Seminar is designed to meet California Peace Officer Standards and Training (POST) requirements for police executives. The training is eligible for POST reimbursement and allows local police executives to network and receive training on current issues affecting California law enforcement agencies.
.
25 214
The cost of the training, travel, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy Limits established by City of Wasco Resolution No. 2006- 2327, limiting expenses to $500.00 per trip.

Fiscal Impact:

It is estimated that the cost of travel and training for the Public Records Act course will not exceed $1,000. The adopted FY 2022-2023 Operating Budget contains sufficient funding to cover this expense, no budget action is required with approval of this item.

Attachments:

1. Conference information
26 214
Kern County Law Enforcement Chief Executive’s Association POST Executive Seminar
Vespera Resort, Pismo Beach, CA 93449
Sept 6 – 8, 2023 (20 hours)
Hourly Training Schedule
Wednesday, Sept 6, 2023
7:45 AM – 8:00 AM Welcome and Jared Kadel, Chief
Program Overview Kern County DA’s Office.
8:00 AM – 12 Noon Marijuana Dispensaries Kevin McInerney / Department of Cannabis Control
12 Noon – 1:00 PM Lunch
1:00 PM – 5:00 PM ATF Ghost Guns Kenneth Cooper , Asst Special Update Agent in Charge ATF/San
Francisco Office
Thursday, Sept 7, 2023
8:00 AM – 12 Noon Legislative Update Bruce Praet-Lexipol 12 Noon – 1:00 PM Lunch
1:00 PM – 5:00 PM Recruitment/Retention Angela Barton Erica Byrd, Barton Marketing

Friday, Sept 8, 2023

8:00 AM – 12 Noon SB2/POST Update Kevin Sherburne, POST 5 27 214
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager

DATE: August 15, 2023

SUBJECT: Adopt a Resolution Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments Thereto for the 2023 Wonderful Company Wonderful Community Grants.

Recommendation:

Staff recommends the City Council:

1. Receive and file this report and adopt a Resolution of the City Council of the City of Wasco approving an application for funding and the execution of a grant agreement and any amendments thereto for the 2023 Wonderful Company Wonderful Community Grants; and

2. Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to review under CEQA.

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 enviro nment, and is therefore not subject to review under CEQA.

Discussion:

The Wonderful Company is investing $1 million to help grow a beautiful world. Wonderful is inviting area nonprofits, schools, and local government agencies to apply for grants between $1,000 - $100,000 levels. Grant categories include youth enrichment/education, community health, domestic violence, arts, economic advancement, legal aid, park access & sustainability.

Staff is submitting two grant applications requesting a grand total of approximately $50,000.00, to expand and promote the “Bike Safety Rodeo” and Police Activity League (PAL) Program. Staff is proposing expanding the Bike Safety Rodeo into a “Summer Safety

STAFF REPORT
City of Wasco

28 214
Program”, that will include Bike, Swimming , Extreme Heat , and Fire Safety. Staff is also pursuing funding for computers, equipment, and furnishing of the PAL Building, Applications are due August 31, 2023, at midnight.

The goal is to i ncrease participation and provide an opportunity for the participants to learn and increase summer safety and promote healthy recreation activities.

Fiscal Impact:

No impact at this time. No match funds are required.

Attachments:

1. Resolution

29 214
RESOLUTION NO. 2023 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN

APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE WONDERFUL COMPANY’S 2023 WONDERFUL

COMMUNITY GRANTS PROGRAM

WHEREAS, the Wonderful Company has issued a call for applications for the 2023 Wonderful Community Grants Program; and

WHEREAS, the City of Wasco wishes to apply for and receive an allocation of funds through the Wonderful Community Grants Program.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Wasco

SECTION 1: The City Council has reviewed and hereby approves the following request for a funding allocation from the Wonderful Company’s Wonderful Community Grants Program:
• Summer Safety Program
• Police Activity League (PAL) Program

SECTION 2 : The City Council hereby agrees to administer the grant, if awarded, according to the procedures stated in the application and execute any and all instruments required by the Wonderful Company f or participation in the Wonderful Community Grants Program.

SECTION 3: The City Council hereby authorizes the City Manager or designee to act on the City’s behalf in all matters pertaining to the application. If the application is approved, the City Manager or designee is authorized to enter into and sign the contract and amendments thereto with the Wonderful Company for the purposes of the grant.

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30 214

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 ther eof held on August 15, 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

31 214
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: August 15, 2023

SUBJECT: Adopt a Resolution Authorizing the City Manager or designee to approve a purchase order with Ferguson Waterworks in the amount not to exceed $48,000.00 to purchase one hundred and fifty residential water meters.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing the City Manager or his designee to approve a purchase order with Ferguson Waterworks in the amount not to exceed $48,000.00 to purchase one hundred and fifty residential water meters. 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 resul t 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:

These residential water meters will be replacing existing water meters. As water meters age, because they are mechanical, they tend to under register and not over register. This greatly affects water loss as we are not accurately billing for the water being supplied to residents. This purchase would allow the City to replace the meters as well as keep an inventory for future replacements. With materials and supply chain shortages it is prudent we keep inventory of these meters. This purchase order request is for one hundred (100) ¾ “ meters and fifty (50) 1” meters.

The City to collect ed three quotes from vendors. Ferguson Waterworks came in at the lowest price per meter.

STAFF REPORT
City of Wasco

32 214

1) Ferguson Waterworks
i) ¾” T10 Neptune Meter: $257.00
ii) 1” T10 Neptune Meter: $350.00
2) Core and Main
i) ¾” Hersey Meter: $290.00
ii) 1” Hersey Meter: $405.00
3) Core and Main
i) ¾” Kamstrup Meter: $375.00
ii) 1” Kamstrup Meter: $555.00

Due to Materials shortages coupled with shipping and logistics challenges a contingency was included of $1,236.00 with this purchase order request.

Fiscal Impact:

The City budgeted $60,000.00 in the Water Department enterprise fund account #31400- 505309 for meter replacements. This purchase order request includes contingencies bringing the total amount to $48,000.00. No budget action is required with approval of this item.

Attachments:

1. Resolution

2. Ferguson and Core and Main Quotes

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FERGUSON WW BAKERSFIELD #2777
2900 FAIRHAVEN DRIVE
BAKERSFIELD, CA 93308-6125
Phone: 661-396-3230
Fax: 661-397-7429
Deliver To:

From: Ryan Madrigal
Comments:

HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
https://survey.medallia.com/?bidsorder&fc=2777&on=435702 16:43:41 JUL 26 2023
FERGUSON WATERWORKS #1423
Price Quotation
Phone: 661-396-3230
Fax: 661-397-7429
Bid No: B492895
Bid Date: 07/26/23
Quoted By: RIM
Cust Phone: 661-758-7200
Terms: NET 10TH PROX
Customer: CITY OF WASCO
764 E STREET

METER SALES ONLY
WASCO, CA 93280
Ship To: CITY OF WASCO
764 E STREET

METER SALES ONLY
WASCO, CA 93280
Cust PO#: Job Name: T10

Page 1 of 1 ends

Item Description Quantity Net Price UM Total
SP-NED2C21RHF2SG7 3/4 T10 P/C CF 6' NICOR 100 257.000 CF 25700.00 SP-NED2F12RPHF11SG 1 T10 CF P/C 6' NICOR 50 350.000 CF 17500.00 Net Total: $43200.00
Tax: $3564.00
Freight: $0.00
Total: $46764.00
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A

FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER.

ARE NOT FIRM UNLESS NOTED OTHERWISE.
https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection.

WATER FLOW RATE NOTICE: Lavatory Faucets with flow rates over 0.5 GPM are not allowed for 'public use' in California.

Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at
Govt Buyers: All items are open market unless noted otherwise. 34 214
Seq# Qty Descripon Units Price Ext Price

DUE TO CURRENT SUPPLY CHAIN DISRUPTIONS,

MATERIALS ARE SUBJECT TO PRICING AT TIME
OF SHIPMENT. MATERIAL AVAILABILITY AND

TIMELINESS OF SHIPMENTS CANNOT BE
GUARANTEED. THIS TERM SUPERSEDES ALL OTHER
CONTRACTUAL PROVISIONS.
10 HERSEY
20 100 3/4X7-1/2" VELB123N W/5' NICOR EA 290.00 29,000.00 30 50 1" VEKB123N W/5' NICOR EA 405.00 20,250.00
40 4-6 WEEK LEAD TIME
50 KAMSTRUP
60 100 3/4S FLOWIQ 2200 CF ALD 7-1/2"LL COMPOSITE BODY EA 375.00 37,500.00 02-K-02-D-1-8C-8-UB
70 50 1 FLOWIQ 2200 CF ALD EA 555.00 27,750.00
80 4-6 WEEK LEAD TIME
Sub Total 114,500.00
Tax 9,446.25
Total 123,946.25

UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BY CUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LP

RESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS, TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEAD TIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/OR APPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS AND CONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT:
hps://coreandmain.com/TandC/
07/27/2023 - 12:08 PM Actual taxes may vary Page 2 of 2

CITY OF WASCO
Job Locaon: WASCO, CA
Bid Date: 07/27/2023
Core & Main 3044035
Core & Main
4920 Lisa Marie Ct
Bakersﬁeld, CA 93313
Phone: 661-834-1162
Bid Proposal for METERS
35 214
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO APPROVE A PURCHASE ORDER WITH FERGUSON WATERWORKS IN THE AMOUNT NOT TO EXCEED $48,000.00 TO PURCHASE ONE- HUNDRED FIFTY RESIDENTIAL WATER METERS.

WHEREAS, the City wishes to purchase a total of one-hundred-fifty (150) residential water meters; one hundred (100) ¾ “ meters, and fifty (50) 1” meters.

WHEREAS, the purchase shall be governed by and construed in accordance with the laws of the State of California; and,

WHEREAS, the City’s cost for this purchase will be in an amount not to exceed $48,000.00 to be from the Water enterprise fund account #31400-505309; and,

NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes the City Manager or designee to approve a purchase order with Ferguson Waterworks in the amount not to exceed $4 8,000.00 to purchase one hundred and fifty (150) residential water meters.

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36 214
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 August 15, 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

37 214
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: August 15, 2023

SUBJECT: Adopt a Resolution Authorizing the City Manager or designee to execute Contract Change Order Request #1 in an amount not to exceed $100,000.00 with B.R Frost Company for the Trickling Filter Rehabilitation Project.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing the City Manager or designee to approve a Contract Change Order Request in an amount not to exceed $100,000.00 with B.R Frost Company for the Trickling Filter Rehabilitation Project, and

Environmental Review:

Discussion:

The Trickling Filter Rehabilitation project was awarded to B.R Frost Company in the amount of $275,000.00 on April 18 , 20 23. The project provides for the coating and resurfacing of Trickling Filter Arms and Center Columns at the wastewater treatment facility.

After the disassembly and assessment of T rickling Filter #1 center column and arms, the inspection report revealed significant metal loss to the center column and various portions of the arms compromising its structural integrity due to the corrosive environment the unit is in.

STAFF REPORT
City of Wasco

38 214
Staff recommends repairing the existing center column and arms by welding additional steel to the corroded areas. This option would significantly extend the life of the trickling filters and allow for the unit to be put back into service in a fairly short timeframe.

A change order is required to make the repairs in an amount not to exceed $100,000.00.

This would cover the cost of the repair to T rickling Filter #1 and make additional repairs required once Trickling Filter #2 is disassembled.

Fiscal Impact:
$275,000.00 was previously approved for CIP Project #20237. A budget transfer is required with this change order in an amount of up to $100,000.00 to be funded by the wastewater enterprise reserve fund.

Attachments:

1. Resolution

39 214
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE CONTRACT CHANGE ORDER REQUEST #1 IN AN AMOUNT NOT TO EXCEED $100,000.00 WITH BR FROST COMPANY FOR THE TRICKLING FILTER REHABILITATION PROJECT.

WHEREAS, the City awarded a contract to B.R Frost Company, Inc. to provide rehabilitation services for the coating and resurfacing of trickling filters 1 & 2; and

WHEREAS, the City received a bid in the amount of $251,600.00 to perform the work for this project; and

WHEREAS, the Trickling Filters have experienced significant corrosion, requiring additional repairs; and

WHEREAS, Staff recommends a budget transfer in an amount of $100,000.00 to cover the costs of the additional repairs , paid by Wa stewater Enterprise Fund; and

WHEREAS, the agreement is governed by and construed in accordance with the laws of the State of California; and,

NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes the City Manager or designee to execute Contract Change Order Request #1 in an amount not to exceed $100,000.00 with B.R Frost Company for the Trickling Filter Rehabilitation Project.

SECTION 2: Authorizes a budget transfer in an amount of up to $100,000.00 out of Wastewater Enterprise Reserve Funds into CIP Project #20237.

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40 214
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 August 15, 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

41 214
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: August 15, 2023

SUBJECT: Adopt a Resolution A uthorizing the C ity Manager or D esignee to Execute an A greement with Krazan & Associates to provide On -Call services for Materials Testing & Geotechnical Services.

Recommendation:

Staff recommends the City Council:

1) Adopt a resolution authorizing the C ity Manager or designee to execute an agreement with Krazan & Associates to provide On -Call services for Materials Testing & Geotechnical Services.
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; ther efore, 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, pu rsuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

The City undertakes Local, State, and Federally funded capital improvement projects that require an outside firm to provide materials testing and geotechnical services. This includes but is not limited to a preliminary soils report, soil compaction testing, asphalt , concrete sampling/testing , etc. Due to the nature of the work, on -call services will eliminate delays caused by advertising these services separately on each project.

STAFF REPORT
City of Wasco

42 214
The City advertised the Request for Qualifications (RFQ ). Three firms responded to this request and were ranked by a panel made up of three City Staff members. Firms were ranked by a set of criteria established in the RFQ.

FIRM AVG. SCORE

BSK Associates 343
Krazan & Associates, Inc. 448
Universal Engineering Sciences 343

Krazan & Associates, Inc. was the highest -ranked firm. It is recommended that the City enter into an agreement with Krazan & Associates to provide on -call services. The term of the agreement is for three years, with the option to extend the contract for an additional two years. It also contains required language for State/Federal reimbursement provided that grant funds are available for project engineering.

Fiscal Impact:

None directly. Depending on the project, the funding source of the services provided may be grant funded, locally funded, or a combinat ion of both. No budget action is required with approval of this item.

Attachments:

1. Resolution

2. Contract Agreement Attachment “A”

3. Cost Proposal Attachment “B”
43 214
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH KRAZAN & ASSOCIATES

TO PROVIDE ON-CALL SERVICES FOR MATERIALS TESTING & GEOTECHNICAL SERVICES.

WHEREAS, the City wishes to contract with Krazan & Associates, Inc. to provide On-Call Materials Testing & Geotechnical Services; and

WHEREAS, the services provided are described in the Contract Agreement found in Exhibit “A”; and

WHEREAS, said Agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and

WHEREAS, Krazan & Associates, Inc. and the City each acknowledge that each party and their respective legal counsel have reviewed the Agreement; and,

WHEREAS, the Agreement shall be governed by and construed in accordance with the laws of the State of California.

NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes the City Manager or designee to execute an agreement with Krazan & Associates to provide On- Call services for Materials Testing & Geotechnical Services.

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44 214
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 August 15, 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

45 214
1 AGREEMENT NO. 2023 -

THIS AGREEMENT, made this 15th day of August 2023, by and between the CITY OF WASCO, hereinafter called “City”, and Krazan & Associates, Inc. hereinafter called “Consultant”.

WITNESSETH:

WHEREAS, City wishes to hire Krazan & Associates, Inc. for On-call Materials Testing & Geotechnical Services as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:

1 . The parties incorporate the foregoing recitals as if fully set forth herein verbatim.

2. City hereby contracts with Consultant to perform On-Call Materials Testing & Geotechnical Services pursuant to the terms and conditions of this Agreement and Consultant is agreeable thereto.

3. Consultant agrees to complete the Services on a time and materials basis, utilizing the employee rates attached hereto as Exhibit “B” and by this reference made a part hereof (the “Fee”) for a total price of not to exceed $250,000 which shall represent the full and complete compensation due and owing. Consultant shall bill City by invoices no more often than monthly for the Services . E ach invoice shall set forth the Services performed and the amount due and owing which may be reviewed by the City Manager or the City Manager's representative and approved for payment. Thereafter, each invoice shall be submitted to the City Council at the next regular1y scheduled meeting for which the matter can be presented for consideration. Upon approval by the City Council, the invoice shall be paid in the amounts approved by the City Council within a reasonable time thereafter.

(a) Consultant acknowledges that State and Federal funds are being utilized to assist in the funding of the construction required in this Agreement and agrees that any required terms, conditions or covenants related to the funding not specifically made a part of this Agreement are hereby incorporated by this reference and shall be made a part of this Agreement.

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2 4. Consultant shall complete the Services within an approved amount of days from the date of the Task Order from the City. In the performance of Consultant's duties hereunder, Consultant shall provide all vehicles, tools, personnel, equipment, supplies and all such other items as are necessary or convenient to completing the Services at Consultant's sole cost and expense.

5. NULL

6. Consultant and any subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement or the work to be provided for hereunder.

7. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

8. (a) Consultant shall indemnify, defend, and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from Consultant’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Consultant, Consultant’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for City’s sole active negligence or willful misconduct.

(b) In the event Consultant is a "design professional" as defined in Civil Code Section 2782.8, the Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and only for the Consultant’s proportionate percentage of fault.

9. Consultant represents and warrants that Consultant has workers compensation insurance as required by statute . Consultant represents and warrants that Consultant has professional errors and omissions insurance coverage in amounts not less than $1 million per claim. Consultant represents and warrants that Consultant has general public liability insurance in the amount of $1,000,000 per occurrence and Consultant shall name City, its officers, councilmembers, and employees as additional insureds on its 47 214
3 general liability insurance policy which shall be primary to any liability insurance policy or joint powers coverage maintained by the City and which shall provide City with at least ten days prior notice to termination or reduction in coverage.

10. In addition to any other methods of termination described in this Agreement, City may terminate this Agreement at any time upon determination that Consultant is not performing its duties properly or has otherwise breached this Agreement. In the event of termination based on nonperformance or other breach of this Agreement, City shall so notify Consultant in writing and this Agreement shall be immediately terminated thereafter.

In addition to the foregoing, City may terminate this Agreement upon ten (10) days written notice to Consultant at City's sole and absolute discretion. In the event of any termination, Consultant shall be entitled to payment for Consultant's performance of its obligations hereunder to the date of termination except for that performance which is the subject of Consultant’s default , subject to City's approval and acceptance of Consultant's performance.

11. a) Information, data, plans and specifications, and all other documents prepared by Consultant or others for City or on behalf of City shall be retained and maintained for City by Consultant in its office at no additional cost to City, with a final set to be delivered to City digitally, manually and/or hand carried. Consultant shall release all such files and documents as instructed by City from time to time, and all such files and documents shall belong to City.

(b) All documents produced, written, authored, coauthored or prepared by Consultant pursuant to this Agreement or in which Consultant has had any input whatsoever (the "City Documents") shall belong to City and City shall be the sole owner of same whether maintained on City premises or at Consultant’s offices. Consultant hereby assigns all copyrights to the foregoing to City. Any City Documents maintained at Consultant’s offices shall be transferred to City upon City's request at no charge to City.

Any City Documents maintained at Consultant’s offices shall not be destroyed or removed without City's prior written consent, provided, however, that if Consultant does not wish to maintain them and City will not agree to their destruction, Consultant shall have the right to return them to City and City shall accept them. Consultant shall release all City Documents as instructed by City in writing from time to time.

12. The City, Consultant, and all subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement.

13. The C
onsultant agrees to comply with the State and Federal prevailing wage determinations (whichever is the higher of the two) as described in Sections 1720 et seq. of the California Labor Code. . These wage determinations and regulations are considered a part of this Agreement.

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4 14. Consultant shall not assign any portion of this Agreement to any other person or entity without City’s prior written consent, which consent may be given, denied, or conditioned in City’s sole and absolute discretion.

15. If this Agreement or any portion of same shall be considered invalid by any court of competent jurisdiction, the invalid portion shall not affect the validity of the remainder of the Agreement which shall continue in full force and effect as if the invalid portion had not been included therein.

16. Any notice required or permitted under this Agreement or at law shall be deemed to be delivered when personally served on the party to be noticed or (a) on the next business day following deposit of the notice with an overnight delivery service, provided the overnight carrier's records confirm delivery or such date as shown on the overnight carrier’s records, (b) when delivered by United States Mail, Postage Prepaid, Registered or Certified Mail, Return Receipt Requested, with the date of signing the Return Receipt (or refusal to sign) deemed the date of service, (c) three business days following deposit in the United States Mail, Postage Prepaid, (d) when sent by confirmed facsimile transmission, or (e) when sent by electronic mail ("email"). The following addresses shall be used: City – City Manager, 746 8th Street, Wasco, California 93280, Fax - (661) 758-7214, Email – [email protected]; and Consultant –
Karazan & Associates, Inc. 2205 Coy
Avenue, Bakersfield, CA 93307 Fax - (661) 837-9201, Email – [email protected].

Any party may change any of the foregoing as it relates to the party by giving written notice to the other party in the manner set forth herein.

17. Thi
s Agreement may be amended only by a writing executed by all parties.

18. The parties hereto agree that this Agreement accurately reflects the agreement of the parties and is the product of negotiations between the parties, and shall not create a rebuttable presumption against the party who drafted same.

19. This Agreement contains all of the agreements of the parties with respect to all matters mentioned herein and no prior agreement or understanding pertaining to any such matter shall be effective.

20. This Agreement may be executed in counterparts. A facsimile or electronic copy of this fully executed Agreement shall be as effective as the original for all purposes.

21. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

22. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
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5 23. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns. Notwithstanding the foregoing, Consultant shall not, under any conditions, assign this Agreement or any part thereof to any other entity or individual except as described in Section 14.

24. The parties hereby incorporate the terms and conditions set forth in Exhibit “A” attached hereto and by this reference made a part hereof. To the extent of any conflict or inconsistency between the provisions contained within the text of this Agreement and those in Exhibit “A”, the terms of Exhibit “A” shall prevail.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

____________________________________
M. Scott Hurlbert, City Manager
City Wasco, California, “City”

____________________________________________
Larry Burns, Operations Manager,
Krazan & Associates, Inc.

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1 Exhibit “A”

CONTRACT AGREEMENT
For On-Call Materials Testing & Geotechnical Services

Table of Contents
I. INTRODUCTION .......................................................................................................................... 2 II. CONSULTANT’S REPORTS OR MEETINGS ............................................................................. 3 III. STATEMENT OF WORK ............................................................................................................ 4 IV. PERFORMANCE PERIOD ......................................................................................................... 4 V. ALLOWABLE COSTS AND PAYMENTS .................................................................................... 4 VI. TERMINATION ........................................................................................................................... 6 VII. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ............................................. 6 VIII. RETENTION OF RECORD/AUDITS ........................................................................................ 7 IX. AUDIT REVIEW PROCEDURES ............................................................................................... 7 X. SUBCONTRACTING ................................................................................................................... 9 XI. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES .................................... 10 XII. STATE PREVAILING WAGE RATES ..................................................................................... 11 XIII. CONFLICT OF INTEREST ..................................................................................................... 15 XIV. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ................................ 15 XV. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ............................ 15 XVI. DEBARMENT AND SUSPENSION CERTIFICATION ........................................................... 17 XVII. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION ........................... 17 XVIII. INSURANCE ........................................................................................................................ 24 XIX. FUNDING REQUIREMENTS ................................................................................................. 25 XX. CONTINGENT FEE ................................................................................................................ 26 XXI. DISPUTES ............................................................................................................................. 26 XXII. INSPECTION OF WORK ...................................................................................................... 26 XXIII. SAFETY ............................................................................................................................... 26 XXIV. OWNERSHIP OF DATA ...................................................................................................... 27 XXV. CLAIMS FILED BY CITY’s CONSTRUCTION CONTRACTOR ........................................... 28 XXVI. CONFIDENTIALITY OF DATA ............................................................................................ 28 XXVII. NATIONAL LABOR RELATIONS BOARD CERTIFICATION ............................................. 28 XXVIII. EVALUATION OF CONSULTANT ..................................................................................... 29 XXIX. PROMPT PAYMENT ........................................................................................................... 29 51 214
2 XXX. TITLE VI ASSURANCES ...................................................................................................... 29 XXXI. NOTIFICATION ................................................................................................................... 32 XXXII. CONTRACT ........................................................................................................................ 32 XXXIII. SIGNATURES ................................................................................................................... 33

I. INTRODUCTION

A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, CITY:

The name of the “CONSULTANT” is as follows:

Krazan & Associates, Inc.

Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be Krazan & Associates The name of the “CITY” is as follows:

City of Wasco
The Contract Administrator for CITY will be: Aurelio Garcia

B. The work to be performed under this AGREEMENT is described in Article III Statement of Work
and the approved CONSULTANT’s Cost Proposal dated May 2023. The approved CONSULTANT’s Cost Proposal is attached hereto Attachment “B” and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

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

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee 52 214
3 exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the CITY as to the designation of tasks to be performed and the results to be accomplished.

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

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

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

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

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

II. CONSULTANT’S REPORTS OR MEETINGS

A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for CITY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

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4 B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

III. STATEMENT OF WORK

CONSULTANT shall provide the City with On-Call geotechnical services as described in the

REQUEST FOR QUALIFICATIONS FOR ON-CALL MATERIALS TESTING & GEOTECHNICAL SERVICES Issued: April 16, 2023.

IV. PERFORMANCE PERIOD

A. This AGREEMENT shall go into effect on 8/15/2023, contingent upon approval by CITY , and CONSULTANT shall commence work after notification to proceed by CITY’S Contract Administrator. The AGREEMENT shall end on 8/15/2026, unless extended by AGREEMENT amendment.

B. CON
SULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.

C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.

V. ALLOWABLE COSTS AND PAYMENTS

A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’S Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.

D. After a project to be performed under this AGREEMENT is identified by CITY, CITY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a CITY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable 54 214
5 expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both CITY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

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

J. A Task Order is of no force or effect until returned to CITY and signed by an authorized representative of CITY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by CITY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due CITY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to CITY’s Contract Administrator at the following address:

CITY OF WASCO/ AURELIO GARCIA
764 E STREET, WASCO, CA 93280

L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.
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6 M. The total amount payable by CITY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The total amount pay
able by CITY for all Task Orders resulting from this AGREEMENT shall not exceed $ (250,000). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

VI. TERMINATION

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

B. CITY may temporarily suspend this AGREEMENT, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

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

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

VII. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS

A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

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

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

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

VIII. RETENTION OF RECORD/AUDITS

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

IX. AUDIT REVIEW PROCEDURES

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

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

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

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if 57 214
8 applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

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

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

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

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

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

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

X. SUBCONTRACTING

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

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

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

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

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

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress 59 214
10 payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

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

G. Prompt Payment of Withheld Funds to Subconsultants

The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances.

The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

Method 2: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

XI. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES

A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services.

CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

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

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

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11 1. CONSULTANT shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.

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

XII. STATE PREVAILING WAGE RATES

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

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

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

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, 61 214
12 straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT. c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request.

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

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

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

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit 62 214
13 one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

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

F. Penalty

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

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

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

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

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

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

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

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
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15 2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

XIII. CONFLICT OF INTEREST

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

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

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

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

XIV. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION

The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee.

For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

XV. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE

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16 A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov.

Code §12990 and 2 CCR § 8103.

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

CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

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

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

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

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

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

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - 66 214
17 Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

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

XVI. DEBARMENT AND SUSPENSION CERTIFICATION

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

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

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

3. Does not have a proposed debarment pending; and

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

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

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

XVII. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION

A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the CITY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is 67 214
18 CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract.

Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."

This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the CITY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is_____0___%. Par ticipation by DBE
CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBE
s to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H:

Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11. The CITY determines other documented good cause.

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

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the CITY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the 69 214
20 CITY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

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

3. Submit CONSULTANT’s DBE termination request by written letter to the CITY and include:

• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

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

Replacement of DBE Subconsultants
After receiving the CITY’s written authorization of DBE termination request, CONSULTANT must obtain the CITY’s written agreement for DBE replacement. CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

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

1. Submit a request to replace a DBE with other forces or material sources in writing to the CITY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.

b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:

• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment

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

The CITY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

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

The CITY shall request CONSULTANT to:

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

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1
st
tier subconsultant
• Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)

If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date.

CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the CITY within 30 days of contract acceptance.
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22 Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the CITY within 90 days of contract acceptance. The CITY will withhold $10,000 until the form is submitted. The CITY will release the withhold upon submission of the completed form.

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

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

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

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

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment

CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the CITY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the CITY immediately if they believe the DBE may not be performing a CUF.
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23 The CITY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional CITY evaluations. The CITY must evaluate DBEs and their CUF performance throughout the duration of a Contract.

The CITY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the CITY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the CITY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of CITY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters

Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the CITY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. CITY may deny payment for the noncompliant portion of the work. CITY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. CITY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the CITY's approval. The CITY will then authorize the prior noncompliant portion of work for the DBE's committed work.

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

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

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. 73 214
24 J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

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

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submi
tting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required.

Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the CITY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

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

XVIII. INSURANCE
A. A Commercial General Liability insurance policy is required, CONSULTANT shall promptly provide proof of such insurance evidenced by a certificate of insurance with properly executed endorsements attached, which insurance shall include the following:
(i) Broad form coverage for liability for death or bodily injury to a person or persons, and for property damage, combined single limit coverage, in the minimum amount of $2,000,000;
(ii) An endorsement naming City as an additional insured under said policy, with respect to claims or suits arising from the Services provided or the relationships created under this Contract;
(iii) A provision that said insurance shall be primary and other insurance maintained by the City shall not contribute with the CONSULTANT’s insurance; (iv) A provision that said insurance shall provide for thirty (30) days written notice to City of any termination or change in coverage protection, or reduction in coverage limits (except ten (10) days notice for non-payment of premium).

B. A Commercial Automobile Liability insurance policy is required for each vehicle used including non-owned and hired automobiles, CONSULTANT shall promptly provide proof 74 214
25 of such insurance evidenced by a certificate of insurance with properly executed endorsements attached, which insurance shall include the following provisions:
(i) Liability protection for death or bodily injury to a person or persons, property damage, and uninsured and underinsured coverage, combined single limit coverage, in the minimum amount of $2,000,000.
(ii) An endorsement naming City as an additional insured under said policy, with respect to claims or suits arising from the Services provided or the relationships created under this Contract;
(iii) A provision that said insurance shall be primary and other insurance maintained by the City shall not contribute with the CONSULTANT’s insurance; (iv) A provision that said insurance shall provide for thirty (30) days written notice to City of any termination or change in coverage protection, or reduction in coverage limits (except ten (10) days notice for non-payment of premium).

C. A Worker’s Compensation and Employer’s Liability insurance policy in the minimum amount of $1,000,000 per bodily injury or disease is required. CONSULTANT shall maintain said policy as required by law, and shall promptly provide proof of such insurance evidenced by a certificate of insurance, or other documentation acceptable to City. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City.

Before commencing to utilize employees in providing Services under this Contract, CONSULTANT warrants that it will comply with the provisions of the California Labor Code, requiring CONSULTANT to be insured for worker's compensation liability or to undertake a program of self-insurance therefore.

D. Errors and Omissions insurance is required, CONSULTANT shall maintain either a professional liability or errors & omissions policy in the minimum amount indicated, and shall promptly provide proof of such insurance evidenced by a certificate of insurance, or other documentation acceptable to City.

XIX. FUNDING REQUIREMENTS

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

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
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26 C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

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

XX. CONTINGENT FEE

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

XXI. DISPUTES

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

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

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CON
SULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

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

XXII. INSPECTION OF WORK

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

XXIII. SAFETY

A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. 76 214
27 CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

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

D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

XXIV. OWNERSHIP OF DATA

A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

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

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

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 -Patent Rights under Government Contracts for federal-aid contracts).
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28 E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

XXV. CLAIMS FILED BY CITY’s CONSTRUCTION CONTRACTOR

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

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

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

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

XXVI. CONFIDENTIALITY OF DATA

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

B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

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

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

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

XXVII. NATIONAL LABOR RELATIONS BOARD CERTIFICATION

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

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

XXIX. PROMPT PAYMENT

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

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

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

XXX. TITLE VI ASSURANCES

APPENDICES A and E of the TITLE VI ASSURANCES

APPENDIX A
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30 During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to ex
ceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.

f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CON
SULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the 80 214
31 State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

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

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;

• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with 81 214
32 Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

XXXI. NOTIFICATION

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

CONSULTANT:

Krazan & Associates, Inc.

, Project Manager
2205 Coy Avenue
Bakersfield, CA 93307

CITY:

City of Wasco

Aurelio Garcia , Contract Administrator
764 E St
Wasco, CA 93280

XXXII. CONTRACT

The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named CITY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in 82 214
33 consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

XXXIII. SIGNATURES

CITY OF WASCO KRAZAN

__________________________ ___________________________ M. Scott Hurlbert Larry Burns
City Manager, City of Wasco Operations Manager, Krazan & Associates, Inc.

Date:_____________________ Date:_____________________

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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager

DATE: August 15, 2023

SUBJECT: Adopt a Resolution Approving an Application for Funding and Authorize the City Manager or Designee to Execute a Grant Agreement and any Amendments Thereto for the California Strategic Growth Council Community Resilience Centers (CRC) Grant Program and Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to review under CEQA.

Recommendation:

Staff recommends the City Council:
1) Receive and file this report and adopt a Resolution of the City Council of the City of Wasco approving an application for funding and the execution of a grant agreement and any amendments thereto for the California Strategic Growth Council Community Resilience Centers Grant Program; and 2) Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to review under CEQA.

Discussion:

On July 5, 2023, the California Strategic Growth Council (SGC) announced the availability of funding for Round 1 of the Community Resilience Centers (CRC) Program . Funds available include approximately $5 million in Planning Grant funding, approximately $9.6 million in Project Development Grant funding, and approximately $84 million in Implementation Grant, totall ing approximately $98.6 million in CRC Round 1 award s across the 3 CRC grant types.

The CRC program will fund planning, development, construction, and upgrades of local facilities to serve as Community Resilience Centers, providing shelter, and resources during climate and other emergencies, including extrem e heat events and poor air quality days.

The City of Wasco has identified potential sites for the construction of an Emergency Operating Center/Community Center and is pursuing a CRC Planning Grant, intended

STAFF REPORT
City of Wasco

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to help in the initial stages of pre-development, site control, environmental , feasibility study, community engagement and coordination, site preparation, and other activities necessary to prepare/create a shovel ready project for future CRC Implementation Grant and other related funding opportunities. Planning Grant awards range from $100,000 to $500,000 each, with a grant term of approximately two (2) years.

Applications are due Monday, September 18, 2023, at midnight.

Fiscal Impact:

No impact at this time. No matching funds are required.

Attachments:

1. Resolution

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RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING AN

APPLICATION FOR FUNDING AND FILING A PLANNING GRANT APPLICATION FOR THE

CALIFORNIA STRATEGIC GROWTH COUNCIL COMMUNITY RESILIENCE CENTERS (CRC)

AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE THE GRANT AGREEMENT AND ANY AMENDMENTS THERETO FOR THE PURPOSE OF THE GRANT.

WHEREAS, the Strategic Growth Council Community Resilience Centers (CRC) Planning Grant was created by Senate Bill (SB) 155 in 2022 to fund the construction or retrofit of facilities to serve as community resilience centers that mitigate the public health impacts o f extreme heat and other emergency situations exacerbated by climate change; and

WHEREAS, the CRC Planning Grant s range from $100, 000-$500,000 each, with a grant term of approximately two (2) years; and

WHEREAS, the City of Wasco can leverage this CRC Planning Grant by funding planning and pre -development, community engagement and coordination, site preparation, and other activities necessary to prepare for future CRC Implementation Grant Funding; and

WHEREAS, the City has identified potential project sites for an Emergency Operating Center/Community Cooling Center, this funding would assist with a community engagement plan, comple te a fiscal analysis for development, construction, and maintenance costs and update our local Emergency Operating Plan; and

WHEREAS, City staff is requesting authorization to file the Strategic Growth Council Community Resilience Center Planning Grant and recommends City Council delegate the authority to the City Manager or designee to conduct all negotiations, sign, and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Wasco as follows:

SECTION 1 : Authorizes the filing of a Strategic Growth Council Community Resilience Centers Planning Grant Application.

SECTION 2: Authorizes the City Manager or designee to act on the City’s behalf in all matters pertaining to the application. If the application is approved, the City Manager or designee is authorized to enter into and sign the contract and amendments thereto with the California Strategic Growth Council for the purposes of the grant.

SECTION 3:

Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to review under CEQA.

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-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 August 15, 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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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria O. Martinez, City Clerk

DATE: August 15, 2023

SUBJECT: Introduce And Waive The First Reading Of An Ordinance Of The City Council Of The City Of Wasco Replacing Ordinance No. 18-698 And Amending Wasco Municipal Code Chapter 2.14 Relating To The Appointment Of The City Clerk And City Treasurer.
_____________________________________________________________________________________ Recommendation:

Staff recommends the City Council:

1. To Introduce And Waive The First Reading Of An Ordinance Of The City Council of The City Of Wasco , Replacing Ordinance No. 698 And Amending Wasco Municipal Code Chapter 2.14 Relating To The Appointment Of The City Clerk And City Treasurer.

2. Find that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines and is not a project which has the potential for causing a significant effect on the environment.

Background:

On June 21, 2022, the City Council approved placing two Measures on the November 8, 2022, General Municipal Election ballot regarding if the Office of the Clerk and City Treasurer should be filled by election or appointment.

Discussion:

As a result of the General Municipal Election held on November 8, 2022 , The City Clerk and City Treasurer positions have become appointive. At the same M unicipal Election, both the existing City Clerk and City Treasurer were reelected for four-year terms.

Pursuant to Government Code Section 36510, the City Clerk and the City Treasurer on the date of this ordinance shall each retain their position until the expiration of their four- year term or in the event of a vacancy, whichever occurs first. Upon expirati on of the term of the City Clerk or City Treasurer or if either office becomes vacant, the City Manager shall have the authority to appoint replacements. The City Manager shall also have the authority to remove each officer. The office of the City Clerk shall henceforth be known as the “City Clerk/Administrative Manager.”

STAFF REPORT

City of Wasco

103 214

Upon expiration of the term of the person who is the City Treasurer as of the date of this ordinance or upon the office becoming vacant, the duties of the City Treasurer shall be merged with those of the Director of Finance, and the Director of Finance shall thereafter be both the Director of Finance and the City Treasurer.

Fiscal Impact:

There is no fiscal impact

Attachments:

1. Ordinance No 18-698

2. Proof of Publication

3. Ordinance No 23-_____

104 214
ORDINANCE NO. 1 8 - 6 9 8

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING ORDINANCE NOS 192, 445. 5, 621 AND 673 AND SECTIONS 2. 08. 030 AND 2. 14. 010 OF THE WASCO MUNICIPAL

CODE CONCERNING HEALTH INSURANCE BENEFITS FOR ELECTED OFFICIALS THE CITY COUNCIL OF THE CITY OF WASCO DOES ORDAIN AS FOLLOWS:

Section 1. AMENDMENTS
a) Ordinance Nos. 192, 445.5, 621 and 673 and the City of Wasco Municipal Code are amended by replacing Section 2. 08. 030( b) with the following:

Each Councilmember shall receive health insurance benefits from the City except for any Councilmember who declines coverage by written notice to the City."
b) Section 1 (b) of Ordinance No. 673 and Section 2. 14.010 of the Wasco Municipal Code is replaced with the following: " City Clerk, City Treasurer Health Insurance. The City Clerk and the City Treasurer shall be entitled to health insurance benefits except to the extent he or she declines the benefits in writing to City or unless either one isreceiving health insurance benefits in his or her position as a non- elected employee."
Section 2. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional such decision shall not affect the validity of the remaining portions of this Ordinance.

Section 3. EFFECTIVE DATE
This Ordinance shall take effect 30 days after the date of its passage and within 15 days of its passage shall be published in the newspaper of general circulation, printed and published in the City of Wasco.
oo0oo—
INTRODUCEDat a regular meeting of the City Council of the City of Wasco on the 2nd day of October 2018.

OF 1/1/'
Ts
0 o O

ORIGINAL
105 214
PASSEDAND ADOPEDat a regular meeting of the City Council of the City of Wasco on the day b ` of 2018, by the following votes:

COUNCIL MEMBERS: REYNA, GARCIA, CORTEZ, ESPITIA, WEGMAN AYES:

NOES: ESpiA- 1A, WPgrr ip.

ABSTAIN: 1
ABSENT: Noe
il 11-/(7MARIA O. MARTINE
CITY CLERK and Ex Officio Clerk
of the Council of the City of Wasco
APPROVED: A ). La Z1E/
ILBERTO REYNiV
MAYOR of the City of asco
L:\ CITY CLERK\ Ordinance\ Ordinance re Health Benefits. doc

1.°
V
Wqs
4U

ORIGINAI
106 214
ORDINANCE NO. 18

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING ORDINANCE NOS 192, 445s51621 AND 673 AND SECTIONS 2. 08. 030 AND 2. 14. 010 OF THE WASCO MUNICIPAL

CODE CONCERNING HEALTH INSURANCE BENEFITS FOR ELECTED OFFICIALS THE CITY COUNCIL OF THE CITY OF WASCO DOES ORDAIN AS FOLLOWS:

Section 1. AMENDMENTS
a) Ordinance Nos. 192, 445.5, 621 and 673 and the City of Wasco Municipal Code are amended by replacing Section 2.08.030(b) with the following, Each Councilmember shall receive health insurance benefits from the City except for any Councilmember who declines coverage by written notice to the City."
b) Section 1( b) of Ordinance No. 673 and Section 2. 14. 010 of the Wasco Municipal Code is replaced with the following: '' City Clerk, City Treasurer Health Insurance. The City Clerk and the City Treasurer shall be entitled to health insurance benefits except to the extent he or she declines the benefits in writing to City or unless either one isreceiving health insurance benefits in his or her position as a non - elected employee."
Section 2. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional such decision shall not affect the validity of the remaining portions of this Ordinance.

Section 3. EFFECTIVE DATE
This Ordinance shall take effect 30 days after the date of its passage and within 15 days of its passage shall be published in the newspaper of general circulation, printed and published in the City of Wasco.
00000—
INTRODUCEDat a regular meeting of the City Council of the City of Wasco on the 2nd day of October 2018.
107 214
PASSEDAND ADOP ED at a regular meeting of the City Council of the City of Wasco on thedayhof JA ember , 2018, bythefollowingvotes:

COUNCIL MEMBERS:

AYES:

NOES:

ABSTAIN:

ABSENT:

REYNA, GARCIA, CORTEZ, ESPITIA, WEGMAN
N :xu
MARIA O. MARTINET
CITY CLERK and Ex Officio Clerk
of the Council of the City of Wasco
APPROVED: A L7J

ILBERTO REYN
MAYOR of the City of,/ Vasco
L:\ CITY CLERK\ Ordinance\ Ordinance re Health Benefits. doc 108 214

PROOF OF PUBLICATION
2015. SC. C. P.)

GENERAL FORM)
STATE OF CALIFORNIA ss.

County of Kern
I, the undersigned, am a citizen of the United
States and a resident of the County aforesaid;
I am over the age of eighteen years, and not a
part of or interested in the above entitled mat-
ter. I am the chief clerk/ publisher of the Wasco
Tribune, a newspaper of general circulation, pub-
lished weekly, in the City of Wasco, County of
Kern, and which newspaper has been adjudged a
newspaper of general circulation and published
by the Superior court order number 183950, of
the county of Kern; that the notice, of which the
annexedis a printed copy, hasbeenpublishedin
each regular and entire issue of said newspaper
and in any supplementthereof on the following
dates, to -wit: /
OZ/
G
S/ O
I ceItify ( or declare) underthe penalty of perjury
that the foregoing is true and correct.

Signature)
Executed on -/ '' Q
at Shafter, California
The Wasco Tribune
PO Box 789
Shafter, CA 93263
Phone ( 661) 292- 5100

PUBLIC NOTICE

PUBLICNOTICEOFADOPTIONOF

ORDINANCE

BYTHEWASCOCITYCOUNCIL
ORDINANCE NO. 18=698
NOTICEIS HEREBYGIVENthat on z
November6, 2018, the City Council
of theCityofWascoadoptedOrdi-
nance No. 18- 698 entitled:

ORDINANCEOF THE CITY COUNCIL

OFTHECITYOFWASCOAMENDING
ORDINANCENOS 1922 445.51 621
AND 673 AND SECTIONS2.08.030
AND2.14.010 OFTHEWASCOMU-

NICIPALCODECONCERNINGHEALTH

INSURANCEBENEFITSFORELECTED

OFFICIALS

SUMMARY
The proposed Ordinance will amend
Municipal Code replacing Section

2.O8t03O(b) withthefollowing: "Each
Councilmember shall receive health
insurance benefits from the City
exceptfor any Councilmemberwho
declinescoverageby written notice
to theCity; and
Section2.14.010 of the WascoMu -
pal Codereplacingwith the fol-
lowing: "CityClerk, CityTreasurer
HealthInsurance, TheCityClerkand
the CityTreasurershallbe entitled
to health insurance benefits except
to the extenthe or she declinesthe
benefitsin writingto Cityor unless
eitheroneis receivinghealthinsur-
ance benefits in his or her position as
a non - elected employee."
The Ordinancewas adoptedby the
following vote:

AYES: REYNA, GARCIA, CORTEZ
NOES: ESPITIA, WEGMAN
ABSTAIN: NONE
ABSENT: NONE
A copyofthefull textof Ordinance
No. 18-698 is availablefor review
in the Officeof the CityClerk, City
of Wasco, 746 — 8th Street, Wasco,
CA93280. YoumaycontacttheCity
Clerk at (661) 758- 7214 with ques-
tionsregardingthis proposedOrdi-
nance.

DATED: _ November 8, 2018_
MARIA 0, MARTINEZ
Clerkof the Cityof WascoandEx -
Officio Clerk of the Council
PublishWascoTribuneNovember15,
2018
109 214

PUBLIC NOTICE OF ADOPTION OF ORDINANCE
8Y THE WASCO C11 COUNCIL
ORDINANCE NO. 18- 698
a mm
[email protected]
NOTICEISHEREBYGIVENthat on z November 6, 2018, the City Council of the City of Wasco adopted Ordinance No. 18-698 entitled:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING ORDINANCE NOS 192, 445.5, 621 AND 673 AND SECTIONS 2. 08. 030 AND

2. 14. 010 OF THE WASCO MUNICIPAL CODE CONCERNING HEALTH

INSURANCE BENEFITS FOR ELECTED OFFICIALS

SUMMARY
a) The proposed Ordinance will amend Municipal Code replacing Section 2.08.030(b) with the following: " Each CouncilmemZber shall receive health insurance benefits from the City except for any Councilmember who declinescoverage by written notice to the City; and
b) Section2.14.010of the WascoMunicipal Code replacing with the following: "City Clerk, City TreasurerHealth Insurance, The City Clerk and the City Treasurershall be entitled to health insurance benefits except to the extent he or she declines the benefits in writing to City or unlesseither one is receiving health insurance benefits in his or her position as a non - elected employee."
The Ordinance was adopted by the following vote:

AYES: REYNA, GARCIA, CORTEZ
NOES: ESPITIA, WEGMAN
ABSTAIN: NONE
ABSENT: NONE
A copy of the full text of Ordinance No. 18-698 is available for review in the Office of the City Clerk, City of Wasco, Street, Wasco, CA 93280. You may contact the City Clerk at (661) 758-7214with questions regarding this proposed Ordinance.

DATED: November 8, 2018
MARIA O. MARTINEZ
Clerk of the City of Wasco and
Ex- Officio Clerk of the Council
Published: November 15, 2018, Wasco Tribune
110 214

PUBLIC NOTICE OF ADOPTION OF ORDINANCE

BY THE WASCO CITY COUNCIL
ORDINANCE NO. 18- 698
NOTICE IS HEREBYGIVEN that on z November 6, 2018, the City Council of the City of Wasco adopted Ordinance No. 18- 698 entitled:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING ORDINANCE NOS 192, 445. 5, 621 AND 673 AND SECTIONS 2. 08. 030 AND

2. 14. 010 OF THE WASCO MUNICIPAL CODE CONCERNING HEALTH

INSURANCE BENEFITS FOR ELECTED OFFICIALS
a) The proposed Ordinance will amend Municipal Code replacing Section 2.08.030(b) with the following: " Each Councilmember shall receive health insurance benefits from the City except for any Councilmember who declines coverage by written notice to the City; and
b) Section 2.14.010 of the Wasco Municipal Code replacing with the following: " City Clerk, City Treasurer Health Insurance. The City Clerk and the City Treasurer shall be entitled to health insurance benefits except to the extent he or she declines the benefits in writing to City or unless either one is receiving health insurance benefits in his or her position as a non - elected employee."
The Ordinance was adopted by the following vote:

AYES: REYNA, GARCIA, CORTEZ
NOES: ESPITIA1WEGMAN
ABSTAIN: NONE
ABSENT: NONE
A copy of the full text of Ordinance No. 18-698 is available for review in the Office of the City Clerk, City of Wasco, 746 - 8'" Street, Wasco, CA 93280. You may contact the City Clerk at ( 661) 758-7214 with questions regarding this proposed Ordinance.

DATED: November 8, 2018
MARIA O. MARTINEZ
Clerk of the City of Wasco and
Ex -Officio Clerk of the Council
Published: November 15, 2018, Wasco Tribune
111 214
PROOF OF PUBLIGAT O k\9
2015. SC. C. P.)

GENERAL FORM)
STATE OF CALIFORNIA Q SS.

County of Kern
I, the undersigned, am a citizen of the United
Statesand a resident of the County aforesaid;
I am over the age of eighteen years, and not a
part of or interested in the above entitled mat-
ter. I am the chief clerk/ publisher of the Wasco
Tribune, a newspaper of general circulation, pub-
lishedweekly, in the City of Wasco, Countyof
Kern, and which newspaper has been adjudged a
newspaper of general circulation and published
by the Superior court order number 183950, of
the county of Kern; that the notice, of which the
annexedis a printed copy, has beenpublished in
each regular and entire issue of said newspaper
and in any supplementthereof on the following
date to -wit:

I artiv ( or declare) underthepenaltyof perjury
that the foregoing is true andcorrect.

Executed on
at Shaffer, California
Signature)
I 7 / r
The Wasco Tribune
PO Box 789
Shafter, CA 93263
Phone ( 661) 292- 5100

PUBLICNOTICE

NOTICEBYTHEWASCO

CITY COUNCIL

OFINTENTTOADOPTAN

ORDINANCE
NOTICEIStHEREBYGIVENthat on Oc-
tober2, 2018, at6:00p.m. orassoon
thereafter, theCityCounciloftheCity
of Wascointendsto adopt an Ordi-
nance entitled:

ANORDINANCEOFTHECITYCOUNCIL

OFTHECITYOFWASCOAMENDING
ORDINANCENOS 192, 445.5, 621
AND 673 AND SECTIONS2.08.030
AND2.14.010 OFTHEWASCOMU-

NICIPALCODECONCERNINGHEALTH

INSURANCEBENEFITSFORELECTED

OFFICIALS

SUMMARY
The proposedOrdinancewill amend
the previous Ordinance Nos 192,
445.5, 621 and673 by providing
HealthInsuranceBenefitsfor allElect-
edOfficials. If adoptedby theCity
Council, the ordinancewill become
effective 30 days from the date it is
adopted.

A copyof the full text of the Ordi-
nance is available for review in the
OfficeoftheCityClerk, CityofWasco,
746 . 8th Street, Wasco, CA 93280.

YoumaycontacttheCityClerkat (661)
7587214with questionsregarding
this proposedOrdinance.

DATED: September24, 2018
ARIA0. MARTINEZ
ClerkoftheCityofWascoand
Ex OfficioClerkof the Council
PublishedWascoTribuneSeptember
27, 2018
g - ( o2&.
112 214
r AZINAWN
2015. SC. C. P.)

GENERAL FORM)
STATEOF CALIFORNIA1 ss.

County of Kern
I, the undersigned, am a citizen of the United
States and a resident of the County aforesaid;
I am over the age of eighteen years, and not a
part of or interested in the above entitled mat-
ter. I am the chief clerk/ publisher of the Wasco
Tribune, a newspaper of general circulation, pub-
lished weekly, in the City of Wasco, County of
Kern, and which newspaper has been adjudged a
newspaper of general circulation and published
by the Superior court order number 183950, of
the county of Kern; that the notice, of which the
annexedis a printed copy, hasbeenpublishedin
each regular and entire issue of said newspaper
and in any supplementthereof on the following
dates, t - wit:
l3, l ff
t`
I certify (or declare) underthe penalty of perjury
that the foregoing is true and correct.

Je"
Signature)
Executed on , `'
at Shafter, California
The Wasco Tribune
PO BOX 789
Shafter, CA 93263
Phone ( 661) 292- 5100

PUBLIC NOTICE

NOTICE OF PUBLIC HEARING BY

THE CITY COUNCILOFTHE CITY

OF WASCO

REGARDINGITS INTENT TO ADOPT

AN ORDINANCE
NOTICE IS HEREBY GIVEN that the
WascoCityCouncilwill holda pub-
lic hearingon Tuesday, October2,
2018at 6:00 p.m., or assoonthere-
afterasthe mattermaybeheard, in
the CouncilChambersof City Hall,
746 - 8th Street, Wasco, CA 93280,
to receivetestimony regardingthe
following:

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF WASCO
AMENDING ORDINANCE NOS 192,
445.51 621 AND 673 AND SEC-
TIONS 2.08.030 AND 2.14.010 OF

THE WASCO MUNICIPAL CODE

NCCOERNING HEALTH INSURANCE

BENEFITS FOR ELECTED OFFICIALS

SUMMARY
The proposed Ordinance will amend
Appendix " A" of Title 16 — Subdivi-
sions of the Wasco Municipal Code.

Appendix " A" contains the construc-
tion standards, which were last up-
dated in 2011. All new construction
and development are required to
follow these standards. There are
various proposed changes to the
construction standards that reflect
the latest in the industry and other
improvementsthat have been sug-
gestedby CityStaff. If adoptedby
the City Council, the ordinancewill
became effective 30 days from the
date it is adopted.

AcopyofthefulltextoftheOrdinance
is available for review in the Officeof
the CityClerk, Cityof Wasco, 746 —
8th Street, Wasco, CA 93280. You
maycontactthe CityClerkat (661)
758- 7214 with questions regarding
this proposed Ordinance.

MARIA 0. MARTINEZ
ClerkoftheCityofWascoand
Ex Officio Clerk of the Council
Publish Wasco Tribune September
13, 2018
113 214

NOTICE BY THE WASCO CITY COUNCIL

OF INTENT TO ADOPT AN ORDINANCE
NOTICEISHEREBYGIVENthatonOctober2, 2018at 6:00p.m. orassoonthereaffer, the CityCounciloftheCityofWascointendsto adoptanOrdinanceentitled:

ANORDINANCEOFTHECITYCOUNCILOFTHECITYOFWASCOAMENDINGORDINANCE NOS192, 445.5, 621AND673ANDSECTIONS2.08.030AND2.14.010OFTHEWASCO

MUNICIPALCODECONCERNINGHEALTHINSURANCEBENEFITSFORELECTEDOFFICIALS

SUMMARY
TheproposedOrdinancewillamendpreviousOrdinanceNos192, 445.5, 621and 673byprovidingHealthInsuranceBenefitsforallElectedOfficials. IfadoptedbytheCity Council, theordinancewillbecomeeffective30daysfromthedate it isadopted.

AcopyofthefulltextoftheOrdinanceisavailableforreviewintheOfficeof theCityClerk, CityofWa5CO, 746 - 8hStreet, Wosco, CA93280. YoumaycontacttheCityClerk at (661) 758-7214withquestionsregardingthisproposedOrdinance.

DATED: September 24, 2018
m' ole15 pm
Published Date: September 27, 2018
MARIA O. MARTINEZ
Clerk of the City of Wasco and
Ex -Officio Clerk of the Council
114 214

NOTICE BY THE WASCO CITY COUNCIL

OF INTENT TO ADOPT AN ORDINANCE
NOTICEIS HEREBYGIVEN that on October 2, 2018 at 6:00 p. m. or as soon thereafter, the City Council of the City of Wasco intends to adopt an Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING ORDINANCE NOS 192, 445. 5, 621 AND 673 AND SECTIONS 2. 08. 030 AND 2. 14.010 OF THE WASCO

MUNICIPAL CODE CONCERNING HEALTH INSURANCE BENEFITSFOR ELECTEDOFFICIALS

SUMMARY
The proposed Ordinance will amend previous Ordinance Nos 192, 445. 5, 621 and 673by providing Health Insurance Benefitsfor all Elected Officials. If adopted by the City Council, the ordinance will become effective 30 days from the date it is adopted.

A copy of the full text of the Ordinance is available for review in the Office of the City Clerk, City of Wasco, 746 - 8th Street, Wasco, CA 93280. You may contact the City Clerk at ( 661) 758-7214 with questions regarding this proposed Ordinance.

DATED: September 24, 2018
MARIA O. MARTINEZ
Clerk of the City of Wasco and
Ex -Officio Clerk of the Council
Published Date: September 27, 2018
115 214
116 214
ORDINANCE NO. 2023 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WASCO REPLACING ORDINANCE NO. 698 AND AMENDING WASCO MUNICIPAL CODE CHAPTER

2.14 RELATING TO THE APPOINTMENT OF THE CITY CLERK AND CITY TREASURER

THE CITY COUNCIL OF THE CITY OF WASCO DOES ORDAIN AS FOLLOWS:

Section 1. AMENDMENTS.
(a) Chapter 2.14 of the Wasco Municipal Code is hereby replaced in its entirety with the following:

Chapter 2.14

CITY CLERK, CITY TREASURER

2.14.010 Offices--Appointment

2.14.020 Powers and duties.

2.14.030 Deputies-Appointments-Powers and Duties

2.14.040 Compensation

2.14.050 Health Insurance

2.14.010 Office – Appointment
As a result of the general municipal election held on November 8, 2022 , the City Clerk and City Treasurer positions have become appointive. At the same municipal election, both the existing City Clerk and City Treasurer were reelected for four -year terms. Pursuant to Government Code Section 36510, the City Clerk and the City Treasurer on the date of this ordinance shall each retain their position until the expiration of their four-year term or in the event of a vacancy, whichever occurs first. Upon expiration of the term of the City Clerk or City Treasurer or if either office becomes vacant, the City Manager shall have the authority to appoint replacements. The City Manager shall also have the authority to remove each officer. The office of the City Clerk shall henceforth be known as the “City Clerk/Administrative Manager.”

2.14.020 Powers and duties.

A. The City Clerk/Administrative Manager shall exercise such powers and perform such duties as described by the City Manager from time to time and in the Government Code.

B. The City Treasurer shall exercise such powers and perform such duties as described by the City Manager from time to time and in the Government Code.

2.14.030 Deputies-Appointments-Powers and Duties
117 214
The City Manager may appoint one or more deputies for the City Clerk/Administrative Manager with the power to remove them or any of them and to establish the duties and powers that they are to perform.

2.14.040 Compensation
Compensation of the City Clerk/Administrative Manager and any deputies and compensation of the City Treasurer shall be fixed by the City Council.

2.14.050 Health Insurance
The City Clerk/Administrative Manager and deputies, and the City Treasurer shall be entitled to health insurance benefits.

2.14.060 Merger with Director of Finance.

Section 2. SEVERABILITY.

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.

Section 3. ENVIRONMENTAL QUALITY ACT.

This ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines and is not a project which has the potential for causing a significant effect on the environment.

Sectio n 4. EFFECTIVE DATE.

This Ordinance shall take effect 30 days after the date of its passage and, within 15 days of its passage, shall be published in a newspaper of general circulation, printed and published in the City of Wasco.

INTRODUCED at a regular meeting of the City Council of the City of Wasco on the ________ day of ____________, 2023.

I HEREBY CERTIFY th at the foregoing Ordinance No. 2023 – ______was passed and adopted by the Council of the City of Wasco at a regular meeting there of held on __________, by the following vote:

118 214

COUNCIL MEMBERS: MARTINEZ, GARCIA, MEDINA, REYNA, SALADAÑA 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

119 214

STAFF REPORT

CITY OF WASCO

TO: Honorable Mayor and Council Members
FROM: M . Scott Hurlbert, City Manager
Maria O. Martinez, City Clerk

DATE: August 15, 2023
SUBJECT: Discussion and Possible Minute Action to Appoint One Voting Delegate and Two Alternates for the League of California Cities 202 3 Annual Conference and Expo held on September 20-22, 2023, in Sacramento, California. _____________________________________________________________________________________ Recommendation:

Staff recommends the City Council;
1) Appoint one voting delegate and two alternates for the League of California Cities 2023 Annual Conference and Expo held on September 20-22, 2023, in Sacramento, California, and
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:

Discussion:

The League of California Cities requests the City Council appoint one voting delegate and two alternates for the League of California Cities 202 3 Annual Conference and Expo. An important part of the Annual Conference is the Annual Business meeting on Friday, September 22, 2023. At this meeting, the League of California Cities membership considers and acts on resolutions establishing California Cities policy. In order to vote, the city council must designate a voting delegate and two alternates.

Attached to this staff report is the League of California Cities letter requesting the appointment of the voting delegate and alternates.

120 214
Fiscal Impact:

None

Attachments:

1. League of California Cities Letter

121 214
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
Leagu
e of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every y
ear, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking
place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a v
ote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please
complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New thi
s year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action b
y Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please n
ote that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
122 214

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

124 214
CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Em
ail: _________________________________
Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.
125 214
Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved
1 by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.
2 • Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 126 214
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Nancy Vera, Human Resource Manager

DATE: August 15, 2023

SUBJECT: Adopt a Resolution Approving an Employment Agreement with Alecio Mora as Wasco Police Lieutenant, and Authorize the City Manager or Designee to Endorse the Agreement.

Recommendation:

Staff recommends the City Council:
1) Staff recommends the City Council to adopt a resolution and approve an Employment Agreement with Alecio Mora as the Police Lieutenant.

Environmental Review:

Discussion:

The City has advertised and accepted applications for the position of Police Lieutenant.

After conducting interviews and background processes, City staff recommends and proposes to contract Alecio Mora as Police Lieutenant. Mr. Mora currently serves as a full- time Police Sergeant for the City of Shafter. Mr. Mora holds a Bachelor of Arts in Criminal Justice with a Minor in Sociology from the California State University, Bakersfield , and is currently working to complete a Master’s Degree. Mr. Mora has met all of the California Peace Officer Standards and Training (POST) requirements for this position including a Basic, Intermediate, Advanced , and Supervisory Certificat e from the Commission on Peace Officer Standards and Training (POST).

STAFF REPORT
City of Wasco

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The Police Lieutenant is second-in-command to the Chief of Police and is responsible for overseeing a variety of special projects for Local Public Safety. Tasks include but are not limited to the daily operations of the City of Wasco’s Police Department, community, governmental and interdepartmental relations; requiring considerable public contact as well as a broad knowledge of the City as a whole. It is crucial to have an individual who can understand the technical aspects of the local government and the needs of our residents. More importantly, this individual will need to have a “big- picture” perspective to help guide the community into the future. They must be willing and capable of working in a collaborative manner with people at all levels within the organization, as well as be able to communicate and engage with the community, the City’s executive leadership team, and the City Council.

Wasco Municipal Code states:

“2.04.130 Powers and duties--Appointment and removal.

It shall be the duty of the city manager to, and he shall appoint, remove, promote and demote any and all officers and employees of the city, excepting elected officers and the city attorney. The city manager shall enter into a contract in writing on behalf of the city with all department heads in a form approved by the city council.”

Mr. Mora’s employment agreement will be for an initial term of three years with a base salary of $133,000.00. His other terms and benefits are similar to those of other current and previous department directors. The employment agreement has been developed by the City’s employment law attorney and reviewed by the City Attorney.

Fiscal Impact:

The estimated fiscal impact is equal to the current and future annual budget appropriation for salary and benefits relating to the Employment Agreement. The Adopted FY 2023-2024 Operating Budget for the Police Department has sufficient funding to cover the cost of this position. No budget action is required with approval of this item.

Attachments:

1. Resolution

2. Employment Agreement

128 214

RESOLUTION NO. 2023 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN

EMPLOYMENT AGREEMENT CONTRACT WITH ALECIO MORA TO SERVE AS WASCO

POLICE LIEUTENANT, AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO ENDORSE

THE AGREEMENT

WHEREAS, the City wishes to employ Mora as the Police Lieutenant for the Wasco Police Department; and

WHEREAS, Mora will be employed by the City under the terms and conditions described in the employment agreement; and

WHEREAS, said agreement will be made in the form and manner prescribed to other director level employees; and,

WHEREAS, the Agreement shall be governed by and construed in accordance with the employment laws of the State of California;

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:

SECTION 1: Authorized the City Manager or designee to approve and sign the employment agreement for Alecio Mora to serve as Wasco Police Lieutenant.

-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 August 15, 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
130 214

Page 1 of 8 ends

EMPLOYMENT AGREEMENT NO. 2023 -

CITY OF WASCO POLICE LIEUTENANT

This Employment Agreement (“Agreement”) is made by and between the City of Wasco, a California municipal corporation, (“ the City ”) and Alecio Mora, an individual (“Employee ;” collectively, “the Parties”). T he effective date of this Agreement shall be the date that it is approved by the City Council.

RECITALS

A. The City desires to employ the services of Employee as Police Lieutenant ( the “Classification”), under the terms and conditions set forth herein, and Employee is agreeable to same;
B. Employee represents that he/she has the requisite specialized skills, training, certifications, licenses, and authorizations and is otherwise qualified to serve in the Classification.

C. In connection with and contingent upon successfully passing pre-employment drug testing, POST background check and/or general reference check and Employee’s acceptance of employment in the Classification, the City and Employee wish to enter into an Employment Agreement that sets forth the rights and obligations of the Parties, and that will supersede all prior negotiations, discussions or agreements.

NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants , promises, and conditions herein contained, the City and Employee agree as follows:

1. INCORPORATION. Th e Parties incorporate the foregoing recitals as if fully set forth herein verbatim.

2. HIRE; COMMENCEMENT OF EMPLOYMENT. The
City hereby hires
Employee as Police Lieutenant (subject to the terms and conditions of this Agreement, effective as of the date that it is approved by the City Council, or Employee’s first day of work in the Classification, whichever is later.

3. TERM OF
EMPLOYMENT. The Term of this Agreement shall begin on
MONTH DAY, YEAR, and shall expire three years from that date. At the sole discretion of the City Manager, the Term may be extended thereafter by means of a writing memorializing same consistent with the NOTICE provisions herein.

4. AT-WI
LL EMPLOYEE. Employee understands that he/she is an employee “at-will” under California law. Employee understands that, except as specifically controlled by this Agreement, Employee holds this position and continues in employment at the pleasure of the City. Employee understands that Employee may be terminated at any time, for any reason, or for no reason. Employee understands that City may be change or eliminate this position at any time, for any reason, or for no reason. Except as otherwise provided by law or this Agreement, the City may remove Employee from Employee’s position and may terminate this Agreement and the 131 214

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employment relationship with or without cause and with or without prior notice (except as designated in this Agreement, below). Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign from employment with the City . Employee specifically relinquishes any protections, privileges, or perquisites that have or had any effect on the “at-will” nature of his employment.

5. DUTIES
AND AUTHORITY. Employee shall exercise the full powers and perform the duties of the Classification, as set forth in the job description (if any) as wel l as all other applicable ordinances, laws, rules, regulations, and procedures, as they now exist or as they may hereafter be amended. Employee shall exercise such other powers and perform such other duties as the City Manager, or City Manager’s designee may require from time to time.

5a. HOURS
OF WORK. Employee’s pos ition is full -time with a work schedule generally consistent with the normal business hours adopted by the City and those necessary to fulfill the obligations required for the position . Employee understands and acknowledges that the nature of the Classification is such that Employee’s presence and the performance of Employee’s duties will from time to time be required outside of normal business hours, including meetings, training, and emergencies that may arise.

6. PLACE O
F EMPLOYMENT. Unless the Parties agree otherwise in writing in accordance with the terms set forth herein, Employee shall perform the duties of the Classification at the City’s place of business, which is at the time of the execution of this Agreement 746 8th Street, Wasco, California. The City may from time to time require Employee to travel to other locations as necessary to discharge Employee’s duties and or the duties/requirements of the Classification.

7. EMPLOYEE'S OBLIGATIONS.

During the term of this Agreement,
Employee shall remain in the exclusive employ of the City. Employee shall accept no other employment and shall not become employed by any other employer until the end of the term of this Agreement, or until this Agreement may otherwise be ended and Employee released from his/her obligations hereunder. Employee shall devote Employee’s full energies, interest, abilities and productive time to the performance of this Agreement, and shall utilize Employee’s best efforts to promote the City’s interests. Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to, or which interferes with, his/her duties and responsibilities to the City , except as authorized in writing (including e -mail) by the City . Employee shall obtain prior authorization from the City Manager for any outside employment, consulting, teaching or enterprise. City retains the right to amend said authorities, place further condition, or revoke authorization if the outside employment is actually or potentially in conflict with or inimical to, or which interferes with, his/her duties and responsibilities to the City.

7a. RESIDENCY WAIVED. The
City waives any requirement that Employee’s
residence within the City of Wasco be a term or condition of Employee’s employment.

132 214

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8. EVALUATIONS. Employee’s performance in the Classification shall be reviewed in writing by the City on or near the yearly anniversary of the commencement of this Agreement. If the City does not conduct such review within twenty (20) days of such anniversary, it is Employee’s responsibility to request in writing that such review be conducted. The absence of any such written review, the failure of the City to conduct such review, or the failure or refusal of Employee to request such review, shall not be deemed an indication of Employee’s satisfactory performance in the Classification.

9. SALARY AND BENEFITS.

A. Sal
ary:

(1) Base Sal
ary. T he City shall pay Employee a base salary of one hundred thirty-three thousand dollars ($133,000.00) annually, subject to legally permissible, voluntary or required withholding, prorated and paid on the City’s normal paydays. Employee specifically agrees that this amount is intended to be, and is, compensation for all hours worked by Employee.

Employee expressly understands that Employee is exempt from the overtime pay provisions of California law (if any) and federal law. The City Manager may, from time to time and as specified herein, increase Employee’s base salary provided that (a) Employee satisfies written and quantifiable goals and objectives; and (b) such increase does not cause Employee’s salary to exceed the salary range approved and published by the City Council.

In add
ition to the salary set forth above, the City shall deposit 8.4% of base pay in equal payroll installments into Employee’s MissionSquare formally ICMA Retirement Corporation , or other 457 deferred compensation account offered by the City.

(2) Expenses. T he
City recognizes that Employee may incur certain expenses of a non-personal and job-related nature. the City agrees to reimburse or to pay such reasonable business expenses as are established by the City’s policies, which are authorized for reimbursement, and which are incurred and submitted according to the City’s normal expense approval and reimbursement procedures. To be eligible for reimbursement , all expenses must be supported by documentation meeting Employer’s normal requirements and must be submitted within time limits established by Employer.

B. Employment Benefits . In addition to base salary, the City shall provide to Employee the following benefits:

(1) Holidays . Employee shall be entitled to the scheduled holidays generally available to other executive employees of Employer . Employee’s salary includes holiday pay.

Accordingly, Employee shall not be entitled to any additional salary or compensation for working on a holiday.

(2) Other Leave Benefits. Employee shal
l receive the following additional paid
and unpaid leave benefits:
(a) Vacat ion. Employee shall receive an initial vacation time balance of forty (40) hours upon initial hire date; and Employee shall accrue vacation time at a rate of 6.16 133 214

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per bi- weekly pay period; however, Employee shall not be permitted to accrue more than a maximum balance of two hundred (200) vacation hours during the first (12) months of Agreement.

Commencing on the thirteenth (13) month of this Agreement, Employee shall not be permitted to accrue more than a maximum of two hundred forty (240) vacation hours. On each anniversary of this Agreement, or in reasonable proximity to same as determined in the sole dircretion of the City Manager but not to exceed four weeks, Employee may “cash-out” up to their accrued but unused vacation time at his/her then -current hourly rate of compensation; however, Employee may not use the “cash-out” process to create a negative vacation balance. In the event of termination of this Agreement, Employee shall be entitled to payment for any unsured vacation accrual.

(b) Sick Leave.

Employee shall receive an initial sick time balance of forty (40) hours upon initial hire date , and Employee shall accrue sick time at a rate of 4 hours per bi- weekly pay period. Employee shall not be permitted to accrue more than a maximum of one hundred fifty-six (156) sick leave hours . Employee shall accrue no additional sick leave which would cause a sick leave balance exceeding the one hundred fifty-six hours. Upon retirement with PERS and termination of this Agreement consistent therewith, Employee will be afforded the opportunity to contribute all unused sick leave hours to Employee’s PERS retirement account, in accordance with all applicable rules and regulat ions of PERS. Should Employee decline to contribute unused sick hours to Employee’s PERS retirement account, no “cash- out” or other compensation therefor will be provided to Employee.

(c) Administrative/Executive Leav
e. Employee shall be entitled to fifty-six
(56) hours of administrative leave per year which shall be provided on the same terms and conditions as provided to the City’s other executive employees. On each anniversary of this Agreement, or in reasonable proximity to same as determined in the sole discretion of the City Manager but not to exceed two weeks, Employee may “cash-out” up to their accrued but unused Administrative Leave at his/her then -current hourly rate of compensation; however, Employee may not use the “cash-out” process to create a negative Administrative Leave balance. In the event of termination of this Agreement, Employee shall be entitled to payment for any unus ed Administrative Leave.

(3) Group
Medical, Dental, Life Insurance. Employee (including Employee’s dependents, as applicable) will be eligible for health and welfare benefits and group insurance, as are provided under the City ‘s policies as are applicable to executive employees, according to the terms presently established and as may be changed from time to time. At the City’s expense, Employee shall receive a term life insurance policy in the amount of $175,000.

(4) Social Security. The City shall pay Employee’s portion of Social Security payments in the same manner as the City currently pays on behalf of its other executive employees, subject to amendment from time to time.

(5) PERS Retirement.

Employee shall be entitled to retirement benefi ts
through the California Public Employees’ Retirement System (PERS). Employee shall remain at his current formula and level of 2% @ 57 for the duration of this Agreement and any extensions thereof. Employee shall be responsible for paying the applicable employee contribution pursuant to PERS regulations. If any benefits enumerated hereunder are contrary to PERS regulations and/or 134 214

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applicable law, then those portions which so conflict will be deemed se vered and the applicable law and/or regulations shall apply and shall be deemed to replace those portions which so conflict.

(6) Uniform/Boot Allowance. The City shall provide Employee with an annual allowance for uniform/boot /equipment purchase by Employee in the amount of one thousand one hundred fifty dollars ($1150.00), which shall be payable on the payday following the execution of this Agreement and annually on the payday immediately following each anniversary of Employee’s execution of this Agreement.

(7) Travel/Professional Development. For the good of the City and as provided for in the City Budget, the City shall pay the reasonable travel and subsistence expenses as are established by the City Council and amended from time to time, for Employee’s professional and official travel, meetings, and occasions adequate to continue Employee’s professional development and to pursue necessary and other functions for the City, as may be duly approved by the City Council. The City also agrees to pay for reasonable travel and subsistence expenses as authorized by City Council policy as may now or later exist or be amended, related to such short courses, institutes, and seminars that the City deems necessary for Employee’s professional development. This section specifically contemplates, subject to Chief of Police approval, the City’s payment for reasonable registration, travel and subsistence expenses related to Employee’s attendance and participation at job-related conferences, and the fees and costs associated with the “POST” Certification and other certifications. Pay incentive for “POST” Certificates including but not limited to Intermediate, Advanced, and Supervisory Certificates will follow the same pay structure as other Public Safety staff members.

(9) Dues/Subscriptions. For
the good of the City and as provided for in the
City Budget, the City shall pay such professional dues and subscriptions as are necessary for Employee’s continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for Employee’s continued professional pa rticipation, growth, and advancement and for the good of the City and within approved budget.

(10) Bonding. The
City shall bear the full costs of any fidelity or other bonds required of Employee (if any) under any law or ordinance by virtue of Employee’s employment as directed by applicable ordinance, state law, the City, or the City Manager’s request.

(11) Cell Phone. Give
n the “on-call” nature of the Classification as set forth above, Employer shall provide Employee with a “ smartphone” and data plan that is appropriate for the needs of the Classification, consistent with City’s Cell Phone Policy. Employee acknowledges that the “ smartphone” is and shall remain the property of the City , that the “smartphone” is reserved exclusively for use in service to the City, and that Employee has no expectation of property or privacy in the “smartphone,” or in the data transmitted through or saved on same.

(12) Othe r Fringe Benefits. Except as otherwise expressly provided in this Agreement; Employee shall be eligible for no other fringe benefits.

(
13) The City reserves the right to enhance, reduce, terminate, and amend or to 135 214

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otherwise change its benefit programs at any time. Any such change to any benefit plan available to Employee, or in which Employee is enrolled pursuant to this Agreement shall apply to Employee, including any new or additional benefits or any reduction or elimination of benefits , without the need to amend this Agreement. In the event such change is only applicable to certain employees, if the change is applicable to executive employees, then those changes shall also apply to Employee.

10. TERMINATION OF AGREEMENT.

A. Termina tion without Cause. The City Manager may, in its sole and absolute discretion, terminate this Agreement prior to the expiration of the Term, pursuant to Chapter 2.04 of the Wasco Municipal Code. The City shall pay Employee for all services through the effective date of termination. Employee shall be paid for accrued and unused paid leave time, as may be applicable to leave time of that type under state law. In the event of termination by the City Manager, if the termination is not for “Cause” as defined below, Employee shall also receive, in specific exchange for Employee’s execution of a waiver of any and all claims against the City arising from Employee’s employment, Severance Pay equal to three months of COBRA premiums in an amount necessary to continue Employee’s enrollment in the plan in which Employee was enrolled at the time of termination, plus the lesser of the following (a) Employee’s salary for the ramainder of the term; or (b) three months’ salary. Notwithstanding the foregoing, under no circumstances shall Employee receive any amount in excess of the limitations provided in Government Code §§ 53260 – 53264, or other applicable law.

B. Termination for Cause. For
purposes of this Agreement, the following grounds for
termination shall be considered termination for cause. In the event of termination for cause, no Severance Pay will be issued to Employee.

1. Convic
tion of, or pleading of nolo contendre to, a felony;

2. Conviction of a misdemeanor arising out of Employee’s duties under this Agreement and involving a willful or intentional violation of law;

3. Willful abandonment of duties;

4. A pattern of repeated, willful and intentional failure to carry out the terms of this Agreement, including any materially significant and legally constituted policy decisions of the City;

5. Any material act or pattern of action of dishonesty, disclosure of confidential information, commission of any act of gross carelessness or misconduct, unjustifiable neglect of Employee’s duties under this Agreement; and/or

6. Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of the City or its organizational units, is detrimental to employee safety or public safety, violates properly established rules or procedures, adversely affects the reputation of the City, its officers or employees, or has a substantial and adverse effect on the City’s interests. 136 214

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C. Abuse of Office: In the event that Employee is convicted of a crime involving an abuse of office or position, Employee shall reimburse the City for any paid leave, cash settlement (including any monies paid hereunder), or any other outlay by the City on Employee’s behalf, as provided for by Government Code sections 53243-53243.4.

D. Termination Due to Disability. I f, at the end of any calendar month during the term of this Agreement, Employee is, and has been for the duration of the calendar month then ending, unable to perform the duties of the Classification due to mental or physical illness or injury, this Agreement, and Employee’s employment thereunder may, at the discretion of the City Manager, be terminated.

E. Disputes. Except as otherwise mutually agreed, any dispute as to whether severance is excused under Section 7, Paragraph C, Sub- Paragraphs 4 and 5, above, shall be referred to arbitration before a single neutral arbitrator selected from a list of seven (7) arbitrators requested from the California State Mediation and Conciliation Service. The City will strike the first name , and the P arties will alternate striking names until one person is left who shall be designated as the arbitrator.

11. ENTIRE A GREEMENT. This Agreement sets forth the final, complete and exclusive agreement between the City and Employee relating to the employment of Employee by the City, subject to the City of Wasco’s rules, regulations, and policies. Any prior discussions or representations by or between the Parties are merged into, and/or rendered null and void by, this Agreement. The foregoing notwithstanding, Employee understands and acknowledges that Employee’s employment is subject to the City’s generally applicable rules, policies, procedures, and regulations, including but not limited to those pertaining to employment matters, such as rules and regulations addressing equal employment opportunity, sexual harassment, and violence in the workplace.

12. REVIEW. E
mployee acknowledges that he/she has had the opportunity to review this Agreement and has conducted an independent review of the financial and legal effects of this Agreement, Employee acknowledges and agrees that Employee has been provided with the time, and has had the opportunity, to consult with others of Employee’s own choosing, including but not l imited to legal counsel, with regard to this Agreement and its effects. Employee acknowledges that any agreement not to do so was Employee’s, and Employee’s alone. Employee acknowledges and agrees that he/she has made an independent judgment regarding the financial and legal effects of this Agreement and has not relied on any representation by the City, or its officers, agents, or employees, other than those expressly set forth in this Agreement.

13. GOVERNING LAW. Thi
s Agreement shall be interpreted and construed
pursuant to and in accordance with the local laws of the State of California.

14. MUTUALLY DRAFTED. For purposes of California law, the City and Employee agree that both the City and Employee are the drafters of this Agreement and that any ambiguity herein will not be construed against either the City or Employee.

15. HEADINGS, CAPTIONS. The headings and captions used in this Agreement are inserted for reference purposes only and shall not be deemed to limit or affect in any way the 137 214

Page 8 of 8 ends

meaning or interpretation of any of the provisions of this Agreement.

16. SEVERABILITY. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect.

If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.

17. WAIVER. Wai ver by any party of any breach of this Agreement by the other party, whether such waiver is express or implied, shall not be construed as a continuing waiver or consent to any subsequent breach of this Agreement on the part of the other party.

18. NO AMENDM
ENT EXCEPT IN WRITING. No amendments to this
Agreement may be made except in writing, signed and dated by the City and Employee.

19. NOTICES. Any notice to Employer under this Agreement shall be given in writing to the City, either by personal service or by registered or certified mail, postage prepaid, addressed to the City at the following address: City Manager, City of Wasco, Wasco City Hall, 746 8th Street, Wasco, CA 93280. Any such notice to Employee shall be given in writing and, if mailed, shall be addressed to Employee at Employee’s home address then shown in Employe e’s personnel file as maintained by the City. For the purpose of determining compliance with any time limit in this Agreement, a notice shall be deemed to have been duly given (a) on the date of delivery, if served personally on the party to whom notice is to be given, or (b) on the second business day after mailing, if mailed to the party to whom the notice is to be given in the manner provided in this section.

This Agreement, which consists of eight (8) pages in nineteen (19) numbered sections, may be executed in counterparts, which together shall form an integrated Agreement. For purposes of this Agreement’s execution, a facsimile, photocopied, or electronically transmitted signature shall be equally valid to an original.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and executed personally or on its behalf by its duly authorized representative.

MPLOYEE C ITY OF WASCO

By: Alecio Mora By: M.Scott Hurlbert, City Manager

__________________________ __________________________ Signature Signature

Date: , 2023 Dat
e: , 2023
138 214
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: August 15, 2023

SUBJECT: Adopt a Resolution Authorizing the City Manager or Designee to execute Contract Change Order Request in an amount not to exceed $ 400,000.00 with Hartzell General Engineering Contractor, Inc. for the J Street Sewer extension project.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing the City Manager or designee to execute Contract Change Order Request #1 in an amount not to exceed $400,000.00 with Hartzell General Engineering Contractor, Inc. for the Well #13 Site Developmen t Project, and
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:

Discussion:

Due to the ongoing high -speed rail project , relocation of existing infrastructure was required. The Poso Underpass has directly affected businesses and homeowners in the area requiring the relocation of vehicular access points and business office locations. In order to offset some of these impacts and provide water/sewer infrastructure for development along the J Street extension, the City has determined the need to install a 1200-foot sewer line connection to existing utilities on 9th & H Street.

With the opening of the Poso Underpass and the Closing of 6 th Street, a prudent course
of action is required to complete this work in a timely manner. The completion of this work

STAFF REPORT
City of Wasco

139 214
reduces the need for additional road closures, minimizing the negative impact on residents, businesses, and motorists.

Hartzell General Engineering Contractor, Inc. is currently working on the Well 13 Site development project wet utilities, therefore having all the required equipment necessary to perform the work in a timely manner. Allowing Hartzell to perform the work would allow for cost savings on the mobilization of heavy equipment and trench shoring equipment.

Therefore, Staff recommends execution of a change order to perform th is work in an amount not to exceed $400,000.00 including contingencies recommended with this type of work.

Fiscal Impact:
$162,459.00 was previously approved for CIP Project #23004 funded by the High-Speed Rail Authority . A budget amendment in the amount of $237,541.00 is required to complete the balance of this work to be funded by the City’s wastewater impact fees.

Attachments:

1. Resolution

2. Exhibit A - Proposals

140 214
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE A CONTRACT CHANGE ORDER IN AN AMOUNT NOT TO EXCEED $400,000.00 WITH HARTZELL GENERAL ENGINEERING CONTRACTOR, INC. FOR THE J STREET SEWER EXTENSION PROJECT.

WHEREAS, the City contracted with Hartzell General Engineering Contractor, INC. for the Well 13 Site Development; and,

WHEREAS, the City requires the installation of a sewer main extension and issuance of a contract change order for the installation; and,

WHEREAS, said change order as attached hereto as Exhibit “A” was made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and,

WHEREAS, the Contract Change Order shall be governed by and construed in accordance with the laws of the State of California.

NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:

SECTION 1: Authorizing the City Manager or Designee to execute Contract Change Order as attached hereto as Exhibit “A” in an amount not to exceed $400,000.00 with Hartzell General Engineering Contractor, Inc. for the J Street Sewer extension project.

SECTION 2: Authorizes a budget amendment in the amount of $237,541.00.

-o0o-

141 214

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 August 15, 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

142 214
HARTZELL GENERAL ENGINEERING CONTRACTOR, INC.

PO BOX 771
CAYUCOS, CA 93430
PHONE: 805-610-8113
PO BOX 771
CAYUCOS, CA 93430
PHONE: 805-610-8113
LIC #1024896
DIR#1000635426
EMAIL: [email protected]

PROPOSAL
ATTENTION: Alberto Martinez
OWNER: City of Wasco
PROJECT NAME: J st and 9th St Sewer Main Extension Project BID DATE: July 26, 2023
REVISIONS: N/A
Hartzell General Engineering Contractor, Inc. proposes to furnish all labor, equipment and material as specified below to com plete the following scopes noted. Additional proposal information has been included here -in.

BASE BID
Bid
Item Bid Item Description
Item
Quantity
Item
Unit
Bid Item
Unit Price
Bid Item
Total Price
1 Install 8-inch Sewer Main – J st and 9th St. 1 LS $ 379,955.00 $ 379,555.00 TOTAL $ 379,555.00
BID ITEM DESCRIPTION:
➢ Bid Item No. 1 – Install 8-inch Sewer Main – J st and 9th St. o Install Approx. 1108 LF - 8-inch SDR35 sewer main pipe, as per attached drawing o Install 2 EA - 48” precast manhole bases and shafting. Includes the Raise Iron to Grade o Export AC and excess spoils offsite.
o Includes ball/flush and mandrel of the new main.
o Have assumed the existing asphalt material is 6-inches thick for removal and saw-cutting o Have assumed to install 8-inches of Class II Base and 6-inches of Asphalt for roadway section with a maximum trench width at 4’ wide. No additional T-cut of grinding has been included. o Assume there is a sewer stub out of the manhole at Sta. 24+16.46, per attached drawings o Install trench sand in pipe zone only, native material will be installed above that to the Class II Base section . Have assumed 90% compaction on trench backfill and 95% compaction on 18” below existing grade. o Includes traffic control when required and have assumed 9 th St. can be completely closed while work is taking place. o This proposal doesn’t take into account any unknown existing utility conflicts. No existing utilities have been shown on the attached drawings and existing depths are unknown.

PLANS AND GEOTECHNICAL REPORT REFERENCED:
➢ Plan Set
o See Attached
➢ Soil Geotechnical Report
o N/A
NOTES:

1. Owner to provide secure, adequate, on-site staging and storage area for equipment, tooling, and materials within 100 feet of installation/removal locations

2. Owner to provide all sumping and/or dewatering required.

3. Proposal is based on normal working days/hours, Monday – Friday, 7:00 AM – 3:30 PM (8 hr shifts). HGEC shall not be backcharged for inspectors OT or GC OT if weekend work or OT work is performed by HGEC.

EXHIBIT "A"
143 214
HARTZELL GENERAL ENGINEERING CONTRACTOR, INC.

PO BOX 771
CAYUCOS, CA 93430
PHONE: 805-610-8113

4. Proposal is based on shoring locations that are FREE of all overhead/underground utilities & obstructions, including overhead electrical. Owner to coordinate removal, relocation, de-energizing or other means necessary for safe construction activities.

5. Owner will not back charge HGEC for any delay costs or prime contract liquidated damages.

6. Owner will not back charge HGEC for any settlement to adjacent areas, roadways, structures and/or underground utilities due to excavation. In addition, HGEC will not indemnify or be responsible for claims arising from the same.

7. Owner to provide encroachment permits including paying for any fees associated with permits.

8. HGEC not responsible for any damage to surfaces by the use of track equipment. HGEC shall not be back-charged for any surfaces damaged by track equipment that are not protected by the Owner. HGEC will take caution when utilizing tracked equipment.

9. Owner to design, furnish, install & remove any and all environmental protection measures, including but not limited to, silt fencing, turbidity barriers/curtains, etc.

10. Today’s proposal includes the current material prices. The price at the time of delivery of mater ial and fuel may be higher and any price escalation that have occurred will be paid by the Owner. This proposal is good for 30 days .

EXCLUSIONS:

1. Dust Control/Abatement. Dust control provided for our scopes of work only.

2. Water Source

3. Monitoring/Reporting of Turbidity

4. Support of Existing Utilities

5. Excavation/Backfill/CDF unless specified above

6. Clearing and grubbing outside of the above scopes

7. Access/Egress

8. Stabilized Working Surface

9. Pre-Construction Videos/Photos/Survey, copies to be provided to HGEC before work commences.

10. Night lighting (if required)

11. Standby for unknown conditions and/or of Other Contractors

12. Stockpiling / Haul-off / Loading / Removal of any spoils, unless noted above

13. Dewatering/Sumping/Unwatering/Associated Discharging and Impacts

14. Monitoring Wells for Dewatering Operation

15. Locating Utilities, Potholing, Relocating Utility Conflicts

16. Relocating of any Utilities due to Conflicts

17. Repairing of any Utilities encountered during excavation activities not located

18. Finish Grading/Aggregate Base/Paver Section/Concrete Subgrade, unless noted otherwise

19. Paving

20. Landscaping and/or Associated Piping. Included install or repairing.

21. Striping, Painting, Thermoplastic and/or Striping Repair

22. Unsuitable subgrade preparation / Any Geotextiles

23. All asphalt and concrete protection, removal and/or replacement.

24. Back-charges for damage to sidewalk, curb, gutter, and/or AC due to tracking equipment

25. All Survey, Staking, Layout, Lines, Including Elevations and Grades for shoring

26. Repair/Backcharges of damage resulting from surface deformation caused by excavation/dewatering

27. Furnishing/Installing/Relocating/Removing of Fencing/Site Security/Access Ladder/Stairs/Temp Handrails/Safety Railings/Barricades/ Excavation Covers/K-Rail

28. Fall protection railing/handrail required once shoring excavation commences. All fall protection will be the responsibility of others. Fall protection for HGEC crew is included.

29. Contract Plans, Contract Permits, Contract Fees, City Licenses, Easements, all Inspections & Inspectors, Testing of Materials, Third-Party Testing, and Reporting to Authorities. This exclusion includes any costs for obtaining any of the above.

30. Overtime / Night work

31. Scaffolding, Barriers, and any other shields to protect personnel and passengers from construction activities.

32. All Traffic Control, Pedestrian Control, Train Control, Flagging, Barricades, K -Railing, Lighting, Warning Signs, Delineation.

33. All Hazardous Material Handling, Removal, and Disposal

34. Topographic Drawings/Licensed Surveyor

35. Geotechnical Services and/or On-Site Engineer for all operations

36. All water run-off, erosion control, dust control and SWPPP preparation, implementation, maintenance and removal of all BMP’s. Debris and water containment systems program (if required), including disposal.

37. Rock excavation. Handling, relocating, breaking, and/or disposal of any rock or large boulders is excluded. This work will be performed at time and material basis.

144 214
HARTZELL GENERAL ENGINEERING CONTRACTOR, INC.

PO BOX 771
CAYUCOS, CA 93430
PHONE: 805-610-8113

38. Subsurface and/or latent encounters not depicted on the project plans will shift work to a time and material basis. Unknown utilities or subsurface encounters will also be exposed on time and material.

39. Wall drains and/or associated piping.

40. Finish grade and Landscape grading to be completed by Others

41. Storm Water Pollution Plan, SWPPP, QSD Services, QSP Services, BMP’s are to be provided by others

42. This proposal does not take into account any impacts resulting from environmental, archaeological, or biological monitoring and/or mitigation. All monitoring associated with environmental, archaeological, and biological has been excluded and is the responsibility of others.

43. Delays outside of HGEC’s scope of work was been excluded

44. Watertight rubber seals / interlock sealant

45. Annular/Jet Grouting/Contact Grouting/Permeation Grouting, unless noted above.

46. Bonding and/or any associated premiums. Can be provided if requested, Owner to pay.

47. Any work not specifically included in “Scopes of Work” above.

PAYMENT TERMS

1. Progress Payment: Payments in accordance with mutually agreed schedule of values due and payable thirty (30) days after receipt of our monthly billing or ten (10) days after receipt of payment from owner, whichever occurs first.

2. Retention: The maximum allowable retention held on HGEC work shall be 5% of the value of work performed by HGEC.

All retention held on HGEC work is to be released in full within thirty (30) days after substantial completion of our work.

At no time shall the retention held be greater than the specified amount between the owner and the general contractor.

3. Materials on Hand: All on-site production materials delivered to the site to be paid in full thirty (30) days after receipt of our invoice, or ten (10) days after receipt of payment from owner, whichever comes first.

4. Unless specified otherwise, extra items of work not included in our scope of work, but performed by HGEC or delays resulting from interference or non-performance of others, shall be invoiced at cost plus 20%.

5. If the owner / contractor asks HGEC to prepare submissions, secure materials, purchase or modify equipment and accessories or perform contract related work, prior to the contract document being finalized, all costs incurred, will be paid for at cost plus 20%.

GENERAL TERMS & CONDITIONS: Scope of work reflects the following general conditions and general terms and shall be considered part of this proposal.

1. This proposal is good for a period of thirty (30) days only. Due to fluctuations in material supply, no price guarantee shall exist beyond the ten (10) day period.

2. This proposal shall be incorporated into any Subcontract Agreement.

3. The schedule of work shall be mutually agreeable to both parties.

4. GC shall pay for any and all Waiver of Subrogation or Bonding requirements.

5. GC shall pay for any special Insurance or Insurance requirements beyond what HGEC holds for Insurance limits.

6. A monthly interest charge of 1.5% will be charged on any and all unpaid money.

7. Acceptance of proposal must be signed prior to the start of any work.

8. This proposal is based upon an eight (8) hour workday, five (5) day workweek. If contractor requests HGEC to work beyond these hours, all additional time worked including equipment and subcontractor costs shall be billed to and paid by contractor at actual costs, plus 15%, as an extra without need for a written change order.

OTHER TERMS & CONDITIONS: Scope of work reflects the other terms and conditions and shall be considered part of this proposal.

1. To the extent that a later written contract may be negotiated and signed, it is expressly agreed that in the event that there is any conflict between the terms of this Proposal and the terms of any later written contract, then the terms of this Proposal shall control and take precedence over the terms of any later written contract.

2. Termination for Convenience Clauses included in a later written Contract will need to be modified to include language acceptable to HGEC in which the Termination must be in Good Faith and agreeable to both parties.

3. To the extent that any dispute arises between HGEC and the party accepting this Proposal in regard to interpretation of this Proposal, payment issues, change orders or any other issues in regard to the project, then the prevailing party in any resulting arbitration or legal proceeding shall be entitled to all actual attorney fees, monthly interest, costs and expert and consult ant fees and costs actually incurred in connection with such arbitration or legal proceeding

4. The laws of the State of California shall govern all disputed issues. Venue for arbitration and for any applicable legal action shall be in San Luis Obispo County.

145 214
HARTZELL GENERAL ENGINEERING CONTRACTOR, INC.

PO BOX 771
CAYUCOS, CA 93430
PHONE: 805-610-8113

5. Indemnification shall be as follows, To the fullest extent permitted by law, the Subcontractor shall indemnify and hold harmless the Contractor and Owner and their respective officers, employees, sureties, invitees and agents from and against all claims, damages, losses and reasonable expenses arising out of or resulting from the performance or non -performance of the Subcontractor’s Work under this Subcontract, but only to the extent caused by the negligent acts, errors or omissions of the Subcontractor. These indemnification provisions shall remain in full force and effect after the completion of Subcontractor's work and shall extend to claims occurring after termination of this Subcontract as well as while it is in force.

ACCEPTANCE:

This subcontract proposal shall constitute a contract when executed below by both parties. This subcontract proposal shall be an integral part of any contract agreement requiring execution by both parties and no work will take place prior to receiving a fully executed contract terms agreeable to HGEC.

Sincerely,

HARTZELL GENERAL ENGINEERING CONTRACTOR, INC. (HGEC)
BY: CHARLES HARTZELL
CONTRACTORS LICENSE NUMBER: 1024896

ACCEPTED BY:

OWNER: ____________________________________________________ BY: _________________________________________________________

AUTHORIZED REPRESENTATIVE
DATE: ______________ TITLE: ______________________________ 146 214
A
S
P
H
H

S
T
AS PH 9TH ST
U
B
DRAWING NO.

SCALE
SHEET NO.

CONTRACT NO.

DATE

DATE CHK APPBYREV DESCRIPTION

DRAWN BY

IN CHARGE

CALIFORNIA

RAIL BUILDERS, LLC

CALIFORNIA HIGH-SPEED TRAIN PROJECT

CHECKED BY
11+50
11+75
12+00
12+25
12+50
12+75
13+00
13+25
13+50
13+75
14+00
14+25
14+50
14+75
15+00
15+25
15+50
15+75
16+00
16+25
16+50
16+75
17+00
17+25
17+50
17+75
18+00
18+25
18+50
18+75
19+00
19+25
19+50
19+75
20+00
20+25
20+50
20+75
21+00
21+25
21+50
21+75
22+00
22+25
22+50
22+75
23+00
23+25
23+50
23+75
24+00
24+25
315
320
325
330
335
340
345
360
355
350
365
370

SCALE APPLICABLE FOR FULL SIZE ONLY

AS SHOWN
10/22/2021

SML TZ EDV

FRESNO TO BAKERSFIELD

J STREET

READY FOR CONSTRUCTION
UT-B9015-JST
HSR 14-32

S. MARTINEZ
0 10/22/21

UTILITIES

E. DEL VALLE
F. PAVIA
87 FOR CONTINUATION, SEE DRAWING UT-B9016-JST

PLAN VIEW

PROFILE
328.8
INV. EL
RIM EL 335.6
OFF 12.46'LT
STA 11+99.81
"JST" 12+19.06
PROPOSED SW MANHOLE 05
1000
HOR. SCALE: 1"=50'
50 50

SCALE APPLICABLE FOR FULL SIZE ONLY
200
VER. SCALE: 1"=10'
10 10
315
320
325
330
335
340
345
350
355
360
365
370
375
SEWER PLAN VIEW AND PROFILE - SHEET 2 OF 2
T. ZAMORA
9TH STREET

H STREET
(BY OTHERS)
PROPOSED 8"Á SW CRP
(BY OTHERS)
STA 14+17.67
PROPOSED SW MANHOLE 06
(BY OTHERS)
STA 16+42.94
PROPOSED SW MANHOLE 07
(BY OTHERS)
STA 19+42.94
PROPOSED SW MANHOLE 08
(BY OTHERS)
STA 22+42.94
PROPOSED SW MANHOLE 09
STA 24+17.25

EXISTING SW MANHOLE
FOR CONTINUATION, SEE DRAWING UT-B9016-JST
RIM EL 335.6
OFF 12.46'LT
STA 11+99.81
"JST" 12+19.06
PROPOSED SW MANHOLE 05
329.0
INV. EL
327.24
INV. EL 376.19
INV. EL
326.14
INV. EL
324.53
BOT. EL
325.53
INV. EL
(BY OTHERS)
RIM EL 334.4
STA 14+17.637
PROPOSED SW MANHOLE 06
(BY OTHERS)
RIM EL 334.7
STA 16+42.92
PROPOSED SW MANHOLE 07
(BY OTHERS)
RIM EL 333.3
STA 19+42.94
PROPOSED SW MANHOLE 08
(BY OTHERS)
RIM EL 332.6
STA 22+42.94
PROPOSED SW MANHOLE 09
RIM EL 325.5
STA 24+16.46

EXISTING SW MANHOLE
"J" ST FG OG
SLOPE 0.3 5%
8"Á RCP
375

EXISTING SW LINE
147 214
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: August 15, 2023

SUBJECT: Adopt a Resolution Authorizing the City Manager or Designee to procure services and execute contracts including, but not limited to Project Management, Abatement, Soils Testing, Demolition , and other items related to the abatement and demolition of the Old Farm Labor Camp up to the amount of $9,000,000.00.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing the City Manager or his Designee to procure services and execute contracts including, but not limited to , Project Management, Abatement, Soils Testin g, Demolition, and other items related to the abatement and demolition of the old Farm Labor Camp up to the amount of $9,000,000.00, and
2) Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080(b)(4); 15269(b)(c)

Environmental Review:

Staff has determined that this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080(b)(4); 15269(b)(c), the Emergency Projects Exemption. Demolition of the structures on this property is exempt under the Emergency Project Exemption (Sec. 21080(b)(4); 15269(b)(c), as the project is intended to prevent or mitigate further emergency situations on this property resulting from significant blight, criminal activity, illegal dumping, and dangerous building fires.

Discussion:

Since the relocation of residents from the old Farm Labor Camp, the Council, and Staff have worked diligently to push for the demolition of structures and clearing of the site. As part of the 2021/2022 budget, Council approved over $9,000,000.00 from the General Fund under CIP Project #21003 to be allocated for the demolition and clearing of this site.

STAFF REPORT
City of Wasco

148 214
On June 1, 2023, with Council approval, the City Manager signed an agreement with the California High Speed Rail Authority that allows the City to be reimbursed for all expenses required to demolish and clear the 23-acre vacant housing complex up to $9,000,000.00.

This agreement carries with it requirements for this work to commence and be completed within 6 months of contract execution (January 6, 2024). In order to meet this tight deadline, Staff will need to be as efficient as possible. In addition to time that will be spent on currently unforeseen circumstances, it is known that there will be steps in planning and coordinating with Environmental Oversight Agencies, time for development of Requests for Proposals, procurement of contractors, hazardous materials testing, the removal of hazardous materials, demolition itself and of course all of the required steps to formally close out of the project.

In order to remain on target through all of these tasks, it is vitally important that the City Manager or his designee be granted the authority to execute contracts for procurement, enter into agreements with environmental oversight agencies, approve funding allocations or execute other items which may come up along the way in relation to this Project.

To date, a project oversight and testing firm has been selected through a professional services bidding process. The agreement with Krazan Engineering will be reviewed and approved in separate action. Staff has also prepared an RFP for abatement services and for the final demolition and clearing stage.

As such, Staff is requesting that the Council Adopt a Resolution Authorizing the City Manager or his Designee to procure services and execute contracts including, but not limited to, Project Management, Abatement, Soils Testing, Demolition , and other items related to the abatement and demolition of the old Farm Labor Camp up to the reimbursable amount of $9,000,000.00.

Fiscal Impact:

The agreement with the California High-Speed Rail Authority states that the funds are to be reimbursed. Per CIP Project #21003, the initial funding will be pulled from the General Fund reserves and subsequently returned once reimbursement is received.

Attachments:

1. Resolution

2. HSR Agreement

149 214
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO PROCURE SERVICES AND EXECUTE CONTRACTS

INCLUDING, BUT NOT LIMITED TO PROJECT MANAGEMENT, ABATEMENT, SOILS

TESTING, DEMOLITION AND OTHER ITEMS RELATED TO THE ABATEMENT AND DEMOLITION OF THE OLD FARM LABOR CAMP UP TO THE AMOUNT OF $9,000,000.00

WHEREAS, the City wishes to comply with the timeline set forth in the agreement with the California High-Speed Rail Authority to have the old Farm Labor Camp cleared by January 6, 2024, and,

WHEREAS, the City will need to procure Consultants and Contractors to complete this Project in accordance with the City’s procurement policies; and,

WHEREAS, the funding amount reimbursable in relation to this project is $9,000,000.00; and,

WHEREAS, the funding for these services will be initially provided from the General Fund and subsequently reimbursed back to the General Fund after payment is received.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes the City Manager or his D esignee to procure services and execute contracts including, but not limited to project management, abatement, soils testing, demolition and other items related to the abatement and demolition of the old Farm Labor Camp up to the amount of $9,000,000.00.

SECTION 2: Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080(b)(4); 15269(b)(c).

-o0o-

150 214
I HEREBY CERTIFY that the foregoing Resolution No. 202 3 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on August 15, 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

151 214

770 L Street, Suite 620, Sacramento, CA 95814 • T: (916) 324 -1541 • F: (916) 322 -0827 • www.hsr .ca.gov

Gavin Newsom

GOVERNOR

Brian P. Kelly

CHIEF EXECUTIVE OFFICER

June 5, 2023

Mr. M. Scott Hurlbert, City Manager
City of Wasco
746 8th Street
Wasco, CA 93280

RE: Agreement No. HSR22-74

Dear Mr. Hurlbert:

Enclosed please find a copy of the above referenced executed Agreement with the California High -Speed Rail Authority (Authority).

You are not authorized to commence work until you have been notified by the Authority’s designated Contract Manager to begin work. The Contract Manager is not authorized to approve payment for any work for services performed prior to contract execution, nor is the Contract Manager authorized to change the terms of the contract without an executed amendment.

The Authority looks forward to working with you. Please feel free to contact the Contract Manager, Victor Diaz at [email protected] if you have any questions or concerns regarding this Agreement.

Sincerely,

Andrea Mack

Andrea Mack
Contracts Analyst
(916) 403-6925

Enclosure

cc: Victor Diaz

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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager

DATE: August 15, 2023

SUBJECT: Adopt a Resolution Authorizing The City Manager or Designee to Enter into a Professional Services Agreement with Central California Appraisals and perform an initial appraisal in an amount not to exceed four thousand dollars.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing The City Manager or Designee to Enter into a Professional Services Agreement with Central California Appraisals and order an initial appraisal in an amount not to exceed four thousand dollars.

Environmental Review:

Discussion:

The City of Wasco has previously and successfully contracted with a professional appraisal company named Michael Burger & Associates, dba Valbridge Property Advisor. Mr. Burger has reorganized his company under the name “Central California Appraisals” (CCA). The City wishes to engage this firm to complete an appraisal of land being considered for construction of the City’s new Police Department.

CCA has provided a draft Professional Services agreement and quote for this initial work, estimated at a cost of $3,800.00. The provided agreem ent will be combined with the

STAFF REPORT
City of Wasco

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City’s standard Professional Services Agreement for review and approval by the City Manager, City Attorney and CCA.

Fiscal Impact:

The Adopted FY 2023-2024 Operating Budget for the Police Department combined with the newly created Police Station CIP contain sufficient funding for this activity. No budget action is required with approval of this item.

Attachments:

1. Resolution

2. CCA Agreement

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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 ENTER INTO A PROFESSIONAL SERVICES AGREEMENT

WITH CENTRAL CALIFORNIA APPRAISALS AND ORDER AN APPRAISAL OF LAND BEING CONSIDERED FOR THE CITY’S NEW POLICE DEPARTMENT

WHEREAS, the City wishes to enter into a Professional Services Agreement with Central California Appraisals for provision of property appraisal services; and

WHEREAS, the services to be purchased are described in the agreement attached as Exhibit “A”; and

WHEREAS, the City wishes to order an initial appraisal of land being considered for the City’s new Police Department, specifically APN 030-081-01 and -02; and

WHEREAS, said agreement will be made in the form and manner prescribed by the City of Wasco Municipal Code, California Public Contract Code , and the agreement attached as Exhibit A, subject to review and approval by the City Manager and City Attorney; and,

WHEREAS, the Professional Services Agreement shall be governed by and construed in accordance with the laws of the State of California; and,

NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes the City Manager or designee to execute an agreement with Central California Appraisals as shown in Exhibit A and subject to review and approval by the City Manager and the City Attorney.

SECTION 2: Authorizes the City Manager or designee to order an appraisal of land being considered for the new Wasco Police Department.

-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 August 15, 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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Central California Appraisals
4915 Calloway Dr. Suite 101
Bakersfield, CA 93312

CENTRAL CALIFORNIA APPRAISALS 1 PROFESSIONAL SERVICES AGREEMENT Date of Agreement: Friday, August 11, 2023
City of Wasco
Scott Hurlbert
746 8th Street
Wasco, CA 93280
661 758-7214
[email protected]
Michael Burger MAI, R/W-AC

661-410-1014

[email protected]

PROFESSIONAL SERVICE AGREEMENT (“Agreement”)
This Professional Services Agreement (this “Agreement”) is made and entered into on August 11, 2023 (the “Effective Date”), by and between Central California Appraisals and City of Wasco (herein referred to as “Client”).

Project Name Denmar LLC, City of Wasco
Property Identification 730 9th Street & 800 G Street, Wasco, CA 93280 ~ APNs 030-081-01 & 02 Property Type Land
Intended User(s) The appraisal will be prepared for the above -mentioned client. Intended users include the client.

Note: No other users are intended by Appraiser. Appraiser shall consider the intended users when determining the level of detail to be provided in the Appraisal Report.

The client is also hereby informed that if this engagement is directly with the owner of the Property, the Appraisal may not be accepted by many federally insured lenders due to FIRREA Compliance and would likely not be accepted for future financing of said property.

Intended Use The report to be performed under this Agreement (“Appraisal”) is intended for Decision - Making/Internal for potential purchase of the subject property.

Note: No other use is intended by Appraiser. The intended use as stated shall be used by Appraiser in determining the appropriate Scope of Work for the assignment.

Type of Value As-Is
Date of Value Date of inspection
Report Type Appraisal Report
Level of Analysis Detailed
Professional Fee $3,800
Retainer No Retainer payment is required to begin the work.

Expenses Fees include all associated expenses.

Payment Terms Appraiser shall invoice Client for services rendered pursuant to this Agreement based upon the fees specified in this Agreement. Appraiser’s invoices are considered due upon receipt by Client and shall be deemed delinquent if not paid within five (5) days of the date of Appraiser’s invoice.
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2 PROFESSIONAL SERVICES AGREEMENT

SCOPE OF WORK
Site Inspection on-site
Valuation Approaches Appraiser will provide the Appraisal in accordance with Uniform Standards of Professional Appraisal (USPAP), The Code of Professional Ethics of the Appraisal Institute, Standards of Professional Appraisal Practice of the Appraisal Institute, and State Licensing Laws.

Appraiser will research relevant market data, and perform analysis to the extent necessary to produce credible appraisal results. Appraiser anticipates developing one or more of the following valuation approaches:
 Cost Approach
 Sales Comparison Approach
 Income Approach
The scope of work will be included in the Appraisal. A copy of the Assumptions and Limiting Conditions, which appear in the Appraisal, is available upon request.

Note: Appraiser shall use all approaches necessary to develop a credible opinion of value.

Delivery 4 weeks (effective from signed/returned engagement contract) Number of Reports One (1) Electronic Final Appraisal. Hard copies are avai lable at the request of Client at an additional cost of $50 per copy.

Acceptance Date These specifications are subject to modification if this Agreement is not accepted within 5 business days from the date of this letter.

PROPERTY DATA REQUEST
Please forward any additional materials you would consider relevant in the analysis of the subject property. Such items may include, as applicable, an accurate property description, site survey, environ mental conditions, title report, or any other sources of information known to exist that may impact the valuation of the property.

Property contact name, mailing address, email addresses, and phone numbers to send questionnaires and letters to appraise.

Our ability to honor the terms of this Agreement will require Client’s response within five (5) business days. If you have questions regarding the enclosed, please feel free to contact me. Central California Appraisals appreciates this opportunity to be of service to you on this assignment and looks forward to serving you. If you have additional questions, please contact us.

I, Scott Hurlbert, agree to the above stated terms and authorize Central California Appraisals to prepare the above referenced appraisal.

__________________________________________________ Date: ________________________ Scott Hurlbert
Respectfully,

CENTRAL CALIFORNIA APPRAISALS

Michael Burger MAI, R/W-AC

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3 PROFESSIONAL SERVICES AGREEMENT

TERMS AND CONDITIONS

CONFIDENTIALITY
Appraiser shall not provide a copy of the written Appraisal Report to, or disclose the results of the appraisal prepared in accordance with this Agreement to, any party other than Client, unless Client authorizes, except as stipulated in the Confidentiality Section of the Ethics Rule of the Uniform Standards of Professional Appraisal Practice (USPAP).

USE OF EMPLOYEES OR INDEPENDENT CONTRACTORS
Appraiser may use employees or independent contractors at Appraiser’s discretion to complete the assignment, unless otherwise ag reed by the parties.

Notwithstanding, Appraiser shall sign the written Appraisal Report and take full responsibility for the services provided as a result of this Agreement.

SERVICES NOT PROVIDED
The fees set forth in this Agreement apply to the appraisal services rendered by Appraiser as set forth in this Agreement. Unless otherwise specified herein, Appraiser’s services for which the fees in this Agreement apply shall not include meetings with persons other than Client or Client’s agents or professional advisors; Appraiser’s deposition(s) or testimony before judicial, arbitration or administrative tribunals; or any preparation associated with such depositions or testimony. Any additional services performed by Appraiser not set forth in this Agreement will be performed on terms and conditions set forth in an amendment to this Agreement, or in a separate agreement.

TESTIMONY AT COURT OR OTHER PROCEEDINGS
Unless otherwise stated in this Agreement, Client agrees that Appraiser’s assignment pursuant to this Agreement shall not include Appraiser’s participation in or preparation for, whether voluntarily or pursuant to subpoena, any oral or written discovery; sworn testimony in a judicial, arbitration or administrative proceeding; or attendance at any judicial, arbitration or administrative proceeding relating to this assignment.

CHANGES TO AGREEMENT
Any changes to the assignment as outlined in this Agreement shall necessitate a new Agreement. The identity of the Client, intended users, or intended use; the date of value; type of value; or property appraised cannot be changed without a new Agreement.

CANCELLATION
Client may cancel this Agreement at any time prior to Appraiser’s delivery of the Appraisal Report upon written notification to Appraiser. Client shall pa y Appraiser for work completed on assignment prior to Appraiser’s receipt of written cancellation notice, unless otherwise agre ed upon by Appraiser and Client in writing.

GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the law of the state in which Appraiser’s office as specified in this Agreement is located, exclusive of that state’s choice of law rules. The parties agree that any legal proceeding brought by either party to interpret or enforce this Agreement, or to enforce an arbitration award entered pursuant to this Agreement, shall be brought in a state or federal court having jurisdiction over the location of Appraiser’s office as specified in this Agreement, and the parties hereby waive any objections to the personal jurisdiction of said court.

APPRAISER INDEPENDENCE
Appraiser cannot agree to provide a value opinion that is contingent on a predetermined amount. Appraiser cannot guarantee the outcome of the assignment in advance. Appraiser cannot ensure that the opinion of value developed as a result of this Assignment will serve to facilitate any specific objective of Client or others or advance any particular cause. Appraiser’s opinion of value will be developed competently and with independence, impartiality and objectivity.

NOTICES
Any notice or request required or permitted to be given to any party shall be given in writing and shall be delivered to the receiving party by: a) registered or certified mail, postage prepaid; (b) overnight courier, such as Federal Express, United Parcel Service or equivalent; or (c) hand delivery. The address for delivery of any notice shall be the address for the party as specified in this Agreement, or at such other address as party may designate by written notice to the other party in conformance with this paragraph. Unless otherwise specified herein, notice shall be effective the date it is postmarked or given to a third party for delivery to the receiving party, whether or not the receiving party signs for or accepts delivery of such notice.

NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall create a contractual relationship between Appraiser or Client and any third party, or any cause of action in favor of any third party. This Agreement shall not be construed to render any person or entity a third party beneficiary of this Agreement, including, but not limited to, any third parties identified herein.

MEDIATION & ARBITRATION
In the event of a dispute concerning the subject matter of this Agreement, the parties shall in good faith attempt to resolve such dispute by negotiation between the parties’ principals, or, if such negotiation is unsuccessful, by mediation conducted by a third -party mediator. If such mediation results in an impasse, the parties shall submit their dispute to binding arbitration. Such mediation or, if necessary, binding arbitration shall be conducted pursuant to 209 214

4 PROFESSIONAL SERVICES AGREEMENT
the mediation procedures or the comm ercial arbitration rules of the American Arbitration Association. Any arbitration shall be conducted in the city in which Appraiser’s office as specified herein is located. The parties shall share equally the costs of any mediation. In the event of binding arbitration, the arbitrators shall, in addition to any relief appropriate to be awarded to the prevailing party, enter an award in favor of the prevailing party for that party’s costs of the arbitration, including the party’s reasonable attorneys’ fees an d arbitration expenses incurred in prosecuting or defending the arbitration proceeding. Subject to the right of the prevailing party to recover its share of the costs of the arbitration services pursuant to the arbitrator’s award, the costs of the arbitration services shall be borne equally by the parties. If the prevailing party seeks judicial confirmation of any arbitration award entered pursuant to this Agreement, the court shall, in addition to any other appropriate relief, enter an award to the prevailing party in such confirmation proceeding for its reasonable attorneys’ fees and litigation expenses incurred in confirming or successfully opposing the confirmation of such an award.

SPECIAL OR CONSEQUENTIAL DAMAGES
Neither party shall under any circumsta nces be liable to the other party for special, exemplary, punitive or consequential damages, including, without limitation, loss of profits or damages proximately caused by loss of use of any property, whether arising from either party’s negligence, breach of the Agreement or otherwise, whether or not a party was advised, or knew, of the possibility of such damages, or such possibility was foreseeable by that party.

In no event shall Appraiser be liable to Client for any amounts that exceed the fees and costs paid by Client to Appraiser pursuant to this Agreement.

ASSIGNMENT
Neither party may assign this Agreement to a third party without the express written consent of the other party, which the no n-assigning party may withhold in its sole discretion. In the event this Agreement is assigned by mutual consent of the parties, it shall become binding on the assignin g party’s permitted assigns.

SEVERABILITY
In the event any provision of this Agreement shall be determined to be void or unenforcea ble by any court of competent jurisdiction, then such determination shall not affect any other provision of this Agreement and all such other provisions shall remain in full force and effect. Template for Agreement for Professional Valuation Services
CLIENT’S DUTY TO INDEMNIFY APPRAISER
Client agrees to defend, indemnify and hold harmless Appraiser from any damages, losses or expenses, including attorneys’ fees and litigation expenses at trial or on appeal, arising from allegations asserted against Appraiser by any third party that if proven to be true would constitute a breach by Client of any of Client’s obligations, representations or warranties made in this Agreement, or any violation by Client of any federal, state or local law, ordinance or regulation, or common law (a “Claim”). In the event of a Claim, Appraiser shall promptly notify Client of such Claim, and shall cooperate with Client in the defense or settlement of any Claim. Client shall have the right to select legal counsel to defend any Claim, provided that Appraiser shall have the right to engage independent counsel at Appraiser’s expense to monitor the defense or settlement of any Claim. Client shall have the right to settle any Claim, provided that Appraiser shall have the right to approve any settlement that results in any modification of Appraiser’s rights under this Agreement, which approval will not be unreasonably withheld, delayed or conditioned.

CLIENT’S REPRESENTATIONS AND WARRANTIES
Client represents and warrants to Appraiser that (1) Client has all right, power and authority to enter into this Agreement; (2) Client’s duties and obligations under this Agreement do not conflict with any other duties or obligations assumed by Client under any agreement between Client and any other party; and (3) Client has not engaged Appraiser, nor will Client use Appraiser’s Appraisal Report, for any purposes that violate any federal, state or local law, regulation or ordinance or common law.

EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the Client and Appraiser and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both Client and Appraiser. This Agreement includes the following Appendices, which are incorporated into, and made a part of this Agreement:

Appendix A: Extraordinary Assumptions and Hypothetical Conditions contained within the appraisal report Appendix B: Information Request
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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager

DATE: August 15, 2023

SUBJECT: Adopt A Resolution Approving A New Capital Improvement Project (Police Station); Amending the City Of Wasco Adopted Operating Budget And Capital Improvement Program Fiscal Year 2023/2024; the Establishment Of A New Police Station Fund Appropriation of $5 Million And Corresponding Revenue Budget To Allow For Reimbursement of Eligible Project Expenditures Through Grant Programs; Authorizing the City Manager Or Designee to Procure Services And Execute Contracts Including, But Not Limited To Appraisals, S ite Acquisition, Environmental, Architect/Engineering Services And Other Items Related to the New Police Station, Up to the Reimbursable Amount Of $5,000,000.00.

Recommendation:

A. Staff recommends the City Council receive and file this report and approve a Resolution of the City Council Of the City Of Wasco:
a. Approving A New Capital Improvement Project (Police Station); b. Amending the City Of Wasco Adopted Operating Budget And Capital Improvement Program Fiscal Year 2023/2024;
c. The Establishment of A New Police Station Fund Appropriation Of $5 Million And Corresponding Revenue Budget to Allow For Reimbursement Of Eligible Project Expenditures Through Grant Programs;
d. Authorizing the City Manager Or Designee to Procure Services And Execute Contracts Includin g, but not limited to Appraisals, Site Acquisition, Environmental, Architect/Engineering Services And Other Items Related to the New Police Station, Up to the Reimbursable Amount of $5,000,000.00.

B. Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is, therefore, not subject to review under CEQA.

STAFF REPORT
City of Wasco

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Discussion:

On July 2023, local state legislators (Dr. Jasmeet Bains and Melissa Hurtado) announced that the City of Wasco would receive $5 million from California's state budget to build a new Police Station. The Board of State and Community Corrections (BSCC) is the designated state entity that will administer the funds. BSCC will adopt an allocation methodology in the next few months and then will inform recipients of requirements. The budget requires the funds to be allocated to the City of Wasco Police Department , specifically for the City of Wasco Police Station. The budget language allows BSCC to provide the funds as an advance lump sum payment, and the budget language allows the funds to be used for costs incurred before the allocation is made. In addition, the funds will be made available for encumbrance through June 30, 2025, and expenditure until June 30, 2027.

In order to advance the construction of the police station, it is vitally important that the City Manager or designee be granted the authority to execute contacts for site acquisition, pre- development activities, environmental, design, and other activities necessary to prepare/create a shovel ready project for future funding opportunities.

As such, staff is requesting that the Council Adopt a Resolution Authorizing the City Manager or Designee to procure services and execute contracts including, but not limited to, Appraisals, Site Acquisition, Environmental, Architect/Engineering Services, and other items related to the new Police Station, up to the reimbursable amount of $5,000,000.00.

Fiscal Impact:

The funding for these services will be initially provided from the General Fund and subsequently reimbursed back to the General Fund after payment is received. The City will be receiving $5 million from California's state budget in the Spring of 2024 to build a new Police Station from the Board of State and Community Corrections (BSCC).

The establishment of a New Police Station Fund Appropriation of $5,000,000.00 and Corresponding Revenue Budget to Allow for Reimbursement of Eligible Project Expenditures Through Grant Programs.

Attachments:

1. Resolution

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RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING A NEW CAPITAL IMPROVEMENT PROJECT (POLICE STATION); AMENDING THE CITY OF WASCO ADOPTED OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2023/2024; APPROVING THE ESTABLISHMENT OF A NEW POLICE STATION FUND APPROPRIATION OF $5

MILLION AND CORRESPONDING REVENUE BUDGET TO ALLOW FOR REIMBURSEMENT OF ELIGIBLE PROJECT EXPENDITURES THROUGH GRANT PROGRAMS; AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO PROCURE SERVICES AND EXECUTE CONTRACTS INCLUDING, BUT

NOT LIMITED TO APPRAISALS, SITE ACQUISITION, ENVIRONMENTAL, ARCHITECT/ENGINEERING

SERVICES AND OTHER ITEMS RELATED TO THE NEW POLICE STATION, UP TO THE REIMBURSABLE AMOUNT OF $5,000,000.00.

WHEREAS, On July 2023, local state legislators (Dr. Jasmeet Bains and Melissa Hurtado) announced that the City of Wasco's coffers would get $5 million from California's state budget to build a new Police Station. The Board of State and Community Corrections (BSCC) is the designated state entity that will administer the funds; and,

WHEREAS, the City wishes to comply with the timeline set forth by local state legislators and the Board of State and Community Corrections (BSCC) to construct the new Police Station by June 30, 2027, and,

WHEREAS, the City will need to procure Land, Consultants, and Contractors to complete this Project in accordance with the City’s procurement policies; and,

WHEREAS, the funding amount reimbursable in relation to this project is $5,000,000.00; and,

WHEREAS, the funding for these services will be initially provided from the General Fund and subsequently reimbursed back to the General Fund after payment is received.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes a new capital improvement project (Police Station); and amending the City of Wasco Adopted Operating Budget and Capital Improvement Program Fiscal Year 2023/2024.

SECTION 2 : Authorizes the establishment of a New Police Station Fund Appropriation of $5,000,000.00 and Corresponding Revenue Budget to allow for Reimbursement of eligible Project Expenditures Through Grant Programs.

SECTION 3: Authorizes th e City Manager or Designee to procure services and execute contracts including, but not limited to , Appraisals, Site Acquisition, Environmental, Architect/Engineering Services, and Other Items Related to The New Police Station, up to the reimbursable amount of $5,000,000.00.

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SECTION 4: Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080(b)(4); 15269(b)(c).

-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 August 15, 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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Wasco City CouncilAugust 15, 2023

Wasco City Council
August 15, 2023