Agenda — Wasco City Council, September 3, 2024

City of Wasco City Council Meeting Agenda, September 3, 2024 .

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

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

ACCESSIBILITY: In compliance 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.

T
he following is provided to assist with public participation:

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

Agenda Materials: City 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 8th 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. September 3, 2024.

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 still be included as a part of the record of the meeting. Still, it will not be read into the record.

P
lease 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 AGENDA
Regular City Council Meeting,
Successor Agency to the
Former Redevelopment Agency and the
Wasco Public Finance Authority
Tuesday, September 3, 2024 – 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, September 3, 2024 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 interpretation 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 , notifying the City at least 48 hours before will usually enable it to make arrangements.

INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación de sus comunicaciones al Concejo Municipal del español al inglé s, comuníquese con el Departamento del Secretari o 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.

R
EGULAR MEETING – 6:00 pm
1) C
ALL TO ORDER: Mayor
2) R
OLL CALL: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Reyna 3) F
LAG SALUTE: by Mayor Medina
4) IN
VOCATION: by Mike Lynch, Wasco Police Department Chaplain 5) P
RESENTATIONS: None
6) P
UBLIC COMMENTS ON ITEMS NOT ON THE AGENDA:

This portion of the meeting is reserved for persons desiring to address the Council , i
ncluding the Council acting as the Governing Board for the Successor Agency on any matter not on this agenda 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.

BRO
WN 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 during this comment period. 7) SUCCESSOR AGENCY BUSINESS: None
8) W
ASCO PUBLIC FINANCE AUTHORITY BUSINESS: None
9) N
EW EMPLOYEE POLICE DEPARTMENT BADGE PINNING CEREMONY FOR: None 10) P

UBLIC SAFETY REPORTS
a. Kern County Fire Department (Appleton)
b. Wasco Police Department (Fivecoat)
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City of Wasco City Council Meeting Agenda, September 3, 2024 CITY COUNCIL BUSINESS:
11) CONSENT CALENDAR:

The Consent Calendar consists of items that are routine and noncontroversial, in the staff's opinion. 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 $351,345.86

b. Approval of Minutes for:

1. May 21, 2024, Regular Meeting

2. July 16, 2024, Regular Meeting

3. August 14, 2024, Special Meeting

4. August 20, 2024, Regular Meeting

c. Approval of the acceptance of the Central Avenue Neighborhood Park Project and Authorize the City Clerk to file the Notice of Completion , 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 15378, no environmental review is required.

d. Adopt a Resolution A uthorizing the City Manager or D esignee to Finalize and Execute a Professional Service Agreement with Time Clock Plus subject to the City Manager and City Attorney review, 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 15378, no environmental review is required.

e. Adopt a Resolution Authorizing the City Manager or Designee to Finalize and Enter into an Agreement with Cen -Cal Construction for the Southgate Lighting and Pedestrian Improvement Project in the amount of $600,600.00 and allowing the City Manager or Designee to execute Contract Change Orders in an amount not to exceed an aggregate of $30,000.00, 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 15378, no environmental review is required.

f. Adopt a Resolution Authorizing the City Manager or Designee to Submit a Funding Application and the Execution of a Grant Agreement and any Amendments Thereto for the San Joaquin Valley Air Pollution Control District’s Clean Air Centers Pilot Program , and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

g. Adopt a Resolution Authorizing the City Manager or Designee to Execute an Indemnity Agreement and any Amendments and Budget Appropriations Thereto for the FY23 State Homeland Security Grant Program through Kern County for the Wasco Police Department Communications Equipment 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 15378, no environmental review is required.

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City of Wasco City Council Meeting Agenda, September 3, 2024 12) NEW BUSINESS:
a. Nomination, selection, and Adoption of a Resolution appointing a person to fill the District 5 unexpired term vacancy with the te rm expiring when the November 5, 2024 General Municipal Elections Results are Certified, and following appointment, the City Clerk will administer an Oath of Office to the newly appointed candidate, and Find that this action is not a project as defined und er the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

b. Discussion and Possible Minute Action to Appoint One Voting Delegate and Two Alternates for the League of California Cities 2024 Annual Conference and Expo held on October 16-18, 2024, in Long Beach, California, and Find that this action is not a project a s defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

c. Approval of Employment Agreement with Kameron Arnold as the City Engineer 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 15378, no environmental review is required.

d. Appointment of One (1) Planning Commissioner to fill an unexpired seat on the Planning Commission Board, term expiring on December 31, 2024, and Recognition of the Former Planning Commissioner Petra Rueda 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 15378, no environmental review is required.

13) PUBLIC HEARINGS: None
14) DEFERRED BUSINESS: None

15) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Medina)
b. Kern Council of Government (Reyna)
c. Wasco Task Force (Saldaña and Medina)
16) REPORTS FROM THE CITY MANAGER:

17) REPORTS FROM THE CITY COUNCIL:

18) CLOSED SESSION:
a. Approval of Closed Session Minutes for August 20, 2024.

b. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521

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City of Wasco City Council Meeting Agenda, September 3, 2024 c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: Amerivet Contracting, a California Corporation

19) CLOSED SESSION ACTION:

20) ADJOURNMENT:

This is to certify that this agenda was posted at Wasco City Hall on August 30, 2024, on/or before 6:00 p.m. The agenda is also available on the City website at www.cityofwasco.org.

_________________________________
Maria O. Martinez, CMC
City Clerk

All agenda item supporting documentation is available for public review o n 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 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.

The City Clerk's Office can provide information regarding the rights provided under the Americans with Disabilities Act (ADA).

If you need special assistance to participate in this meeting, please contact 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.

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WARRANTS AMOUNTS
G081424 22,823.43
G081224 3,445.83
G081324 25,579.37
G2081324 58,285.91
G2081224 6,951.64
G082124 53,332.81
G081924 13,351.53
G082024 33,219.29
R082124 112.57
A081324 289.18
A080824 7,225.15
A081624 75,911.55
A082024 40,000.00
A081524 10,817.60 Verified By:

Grand Total 351,345.86 Finance Director WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 1 A080824 NAVIA BENEFIT SOLUTIONS 5664 080524 5503 MEDICAL CHECK RUN 080524 6,522.41 2 A080824 NAVIA BENEFIT SOLUTIONS 5664 FSA 080224 5503 HEALTH CARE FSA 080224 702.74 3 A080824 Total 7,225.15
4 A081324 NAVIA BENEFIT SOLUTIONS 5664 HRA 080924 5504 HEALTH CARE HRA 080924 289.18 5 A081324 Total 289.18
6 A081524 NAVIA BENEFIT SOLUTIONS 5664 081224 5507 MEDICAL CHECK RUN 081224 10,817.60 7 A081524 Total 10,817.60
8 A081624 ANTHEM BLUE CROSS 6062 0202408933534 5505 SEPT 24: INSURANCE PREMIUM 75,911.55 9 A081624 Total 75,911.55
10 A082024 RETAIL STRATEGIES, LLC 5813 902-3 5506 23027: PROFESSIONAL CONSULTING SRVCS 40,000.00 11 A082024 Total 40,000.00
12 G081224 ASPECT ENGINEERING 5829 1699 28449 5/20/24: T&M SUPPORT 120.00 13 G081224 ASPECT ENGINEERING 5829 1750 28449 6/3/24: T&M SUPPORT 240.00 14 G081224 BHT ENGINEERING, INC 5134 24-262 28450 24004-1: HSIP CYCLE 11 - HWY 46 & POPLAR AVE 2,027.50 15 G081224 FASTENAL COMPANY 3221 CABAE26662 28451 JANITORIAL SUPPLIES FOR WWTF 517.08 16 G081224 FLOWATER INC 5241 25261 28452 ANNEX: FILTER KIT FLUSHED 541.25 17 G081224 Total 3,445.83
18 G081324 BANK UP CORPORATION 4259 6307 28453 JULY 24: LOCKBOX PROCESSING 814.78 19 G081324 BSK & ASSOCIATES, INC. 1052 AH18495 28454 WW SAMPLE TEST: 7/16/24 BOD & NITORGEN, TSS 415.00 20 G081324 BSK & ASSOCIATES, INC. 1052 AH17945 28454 WW SAMPLE TEST: 7/11/24 BOD & TSS 140.00 21 G081324 CINTAS CORPORATION NO. 3 4480 4200139457 28455 UNIFORM SRVCS 072624 386.99 22 G081324 CO RE & MAIN LP 4704 V260775 28456 PRESSURE MONITORS USED TO ADJUST SCADA SETPOINTS 2,294.57 23 G081324 DITCH WITCH WEST 4792 910128 28457 WATER #52: HANDLE, ACME NUT, & LOCK 1,115.79 24 G081324 FASTENAL COMPANY 3221 CABAE27324 28458 JANITORIAL SUPPLIES FOR WWTF 38.84 25 G081324 GARDAWORLD 4266 20612250 28459 JUL 24: EXCESSIVE SERVICES 118.13 As of: August 27, 2024
Bill Pay
1 of 4
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 26 G081324 KERN COUNTY AUDITOR-CONTROLLER COUNTY CLERK 27 FY 2024-25 28460 FY24/25 RECOVERY OF LAFCO'S OPERATING COSTS 5,679.00 27 G081324 PACE ANALYTICAL SERVICES, INC 5694 2427B501655 28461 WTR SAMPLE TEST: 7/30/24 BACTERIOLOGICAL DWPDIST12 84.00 28 G081324 PG & E COMPANY 85 0008313965-9 28462 UB NW NE SOLAR PLANT ANIMAL CONTROL 51.64 29 G081324 PG & E COMPANY 85 1495264257-8 072924 28462 UB 747 G STREET 25.46 30 G081324 SCHROETER, THOMAS F. 2732 JULY 2024 28463 JULY 24: LEGAL SERVICES 3,820.00 31 G081324 THE BAKERSFIELD CALIFORNIAN 206 89224ad362114 28466 SUPPLY & DELIVERY OF GATE VALVES & FITTINGS AD 710.55 32 G081324 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 3460 28464 SUPPLY & DELIVERY OF GATE VALVES & FITTINGS AD 187.20 33 G081324 T-MOBILE 4899 964042089 072124 28465 CELL PHONE SRVCS 913.40 34 G081324 TPX COMMUNICATIONS 6123 180711421-0 28467 AUG 24: MICROSOFT SUBSCRIPTIONS FOR PD 923.75 35 G081324 VERIZON WIRELESS SERVICE LLC 4237 9969978420 28468 CELL PHONES FOR PD 1,724.12 36 G081324 VERIZON WIRELESS SERVICE LLC 4237 9969978419 28468 CELL PHONES & IPADS 1,183.08 37 G081324 WILBUR-ELLIS COMPANY LLC 1655 16700425 28469 SRPAY FOR WEEDS 1,776.82 38 G081324 WILLIAM C. STATLER 5136 NO. 18 JULY 2024 28470 JULY24: FINANCIAL SRVCS AGRMT 2021-037 3,176.25 39 G081324 Total 25,579.37
40 G081424 ADAN GONZALEZ 6125 080724 28428 040824 UNFM STIP B326.16 326.16 41 G081424 AMAZON CAPITAL SERVICES, INC 4968 1NWV-PWG4-3HQQ 28429 SOLID PAINT MARKERS RED & WHITE 81.18 42 G081424 AMAZON CAPITAL SERVICES, INC 4968 11FG-KW1X-G1P4 28429 MOUSE FOR FINANCE 69.81 43 G081424 AMAZON CAPITAL SERVICES, INC 4968 14V3-T464-1RDT 28429 OFFICE SUPPLIES FOR PLANNING 58.22 44 G081424 AMERICAN REFUSE INC 183 318941 28430 AUG 2024: 801 8TH ST 3YD BIN RECYCLE 119.66 45 G081424 ART SHERWYN, ART CONSULTANT 5971 3 28431 22012-2: TASK #6 PHOTO WALL PP#3 5,135.63 46 G081424 BRENT HARRISON 6189 080124 28432 REIMBURSEMENT FOR DOT PHYSICAL 100.00 47 G081424 CITY OF WASCO-UB PAYMENTS 1875 814465 28433 UB 810 8TH ST (LF) 134.38 48 G081424 CITY OF WASCO-UB PAYMENTS 1875 814467 28433 UB 801 8TH ST 86.98 49 G081424 CITY OF WASCO-UB PAYMENTS 1875 814519 28433 UB 1445 12TH STREET (PAL) 100.58 50 G081424 CITY OF WASCO-UB PAYMENTS 1875 814922 28433 UB 800 BLK CENTRAL 86.98 51 G081424 CITY OF WASCO-UB PAYMENTS 1875 814925 28433 UB 1100 CENTRAL AVE LLMD 124.29 52 G081424 CITY OF WASCO-UB PAYMENTS 1875 814927 28433 UB 1500 BLK OF CENTRAL 86.98 53 G081424 CITY OF WASCO-UB PAYMENTS 1875 815083 28433 UB 1600 BLK OF DAISY 1,267.48 54 G081424 CITY OF WASCO-UB PAYMENTS 1875 815109 28433 UB 603 E STREET VFW BUILDING 133.12 55 G081424 CITY OF WASCO-UB PAYMENTS 1875 815112 28433 UB 764 E STREET (ANNEX) 100.58 56 G081424 CITY OF WASCO-UB PAYMENTS 1875 815186 28433 UB 847 F STREET (PW SHOP) 279.72 57 G081424 CITY OF WASCO-UB PAYMENTS 1875 815228 28433 UB 1300 BLK FILBURN 568.22 58 G081424 CITY OF WASCO-UB PAYMENTS 1875 815671 28434 UB NW MAPLE/MARGALO LLMD 2006- 86.98 59 G081424 CITY OF WASCO-UB PAYMENTS 1875 815672 28433 UB MAPLE/GROMER LLMD 2006-1 191.28 60 G081424 CITY OF WASCO-UB PAYMENTS 1875 815724 28433 UB 2700 BLK MONDAVI CT 86.98 61 G081424 CITY OF WASCO-UB PAYMENTS 1875 815802 28433 UB 1500 BLOCK OF PALM 86.98 62 G081424 CITY OF WASCO-UB PAYMENTS 1875 815815 28434 UB 2100 BLK PALM 86.98 63 G081424 CITY OF WASCO-UB PAYMENTS 1875 815817 28434 UB 400 N BLOCK OF PALM LLMD 2006-1 86.98 64 G081424 CITY OF WASCO-UB PAYMENTS 1875 815819 28434 UB 1700 BLK OF PALM #A 86.98 65 G081424 CITY OF WASCO-UB PAYMENTS 1875 815847 28433 UB 1200 BLK PECAN ST 236.65 66 G081424 CITY OF WASCO-UB PAYMENTS 1875 815851 28434 UB PENELOPE LLMD 2006-1 86.98 67 G081424 CITY OF WASCO-UB PAYMENTS 1875 815935 28433 UB 1700 BLK POPLAR 119.63 68 G081424 CITY OF WASCO-UB PAYMENTS 1875 815936 28434 UB 1700 BLK POPLAR #A 86.98 69 G081424 CITY OF WASCO-UB PAYMENTS 1875 815998 28434 UB 2500 BLK OF POSO DR. LLMD6- 86.98 70 G081424 CITY OF WASCO-UB PAYMENTS 1875 816002 28433 UB 2700 BLK OF POSO AVE LLMD06 337.46 71 G081424 CITY OF WASCO-UB PAYMENTS 1875 816034 28433 UB PALM N. PROSPERITY 2006-1 359.82 72 G081424 CITY OF WASCO-UB PAYMENTS 1875 816187 28433 UB 1700 BLK OF MARGALO 218.21 73 G081424 CITY OF WASCO-UB PAYMENTS 1875 816427 28433 UB 1300 BLK OF WILLOW 127.68 74 G081424 CITY OF WASCO-UB PAYMENTS 1875 819654 28434 UB 810 8TH ST (LF) 22.83 75 G081424 CITY OF WASCO-UB PAYMENTS 1875 819685 28434 UB 603 E STREET VFW BUILDING (LF) 15.32 2 of 4
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 76 G081424 CITY OF WASCO-UB PAYMENTS 1875 819691 28434 UB 764 E STREET (ANNEX) (LF) 83.81 77 G081424 COUNTRY AUTO & TRUCK, INC. 3008 747820 28435 RFS VEH #23: ANTIFREEZE 140.94 78 G081424 COUNTRY AUTO & TRUCK, INC. 3008 747863 28435 DAR VEH #60: ALTERNATOR 458.97 79 G081424 COUNTRY AUTO & TRUCK, INC. 3008 747865 28435 DAR VEH #60: BATTERY 223.89 80 G081424 DANIEL MORGAN 6084 1025 28436 AUG 24: REMOTE MONTHLY SOFTWARE 250.00 81 G081424 FED EX 123 8-578-28130 28437 EXPRESS SERVICES 080124 83.64 82 G081424 GENERAL OFFICE MACHINE COMPANY 1195 23456 28438 JULY 24:COPIER METER READING 1,397.67 83 G081424 GOTO TECHNOLOGIES USA, LLC 6172 IN7103133898 28439 PHONE SERVICES FOR PD 1,045.64 84 G081424 IVANNA RUSSELL 6095 081224 28440 DISPATCHER REGISTRATION REIMB 347.00 85 G081424 JEFFRIES BROS., INC 140 153892 28441 110 QT: WHITE OIL 90 1,690.87 86 G081424 KERI COBB 515 081224 28442 23001-CEQA HOUSING ELEMENT POSTING REIMB 50.00 87 G081424 NEW HORIZON COMMUNICATION CORP 6015 2747883 28443 COMMUNICATION SRVCS DISPATCH 1,058.50 88 G081424 PETERSON AUTO SUPPLY 152 7417-276241 28444 RFS VEH #23: HOSE 34.10 89 G081424 PETERSON AUTO SUPPLY 152 7417-276400 28444 RFS VEH #15: HYDRAULIC HOSE BULK & FITTING 244.71 90 G081424 PG & E COMPANY 85 3593196785-1 080524 28445 UB GEN-ANNEX BUILDING 803.76 91 G081424 PG & E COMPANY 85 5199704189-5 080524 28445 WATER WELL #2 12.32 92 G081424 PG & E COMPANY 85 5415504019-6 080624 28445 UB CENTRAL AVE & HWY 46 FLASHING 16.02 93 G081424 PG & E COMPANY 85 8043623467-0 080624 28445 UB SE CORNER OF POPLAR & MARGALO 48.94 94 G081424 QUADIENT FINANCE USA,INC 1844 5408 JULY 24 28446 JULY 24: POSTAGE 201.50 95 G081424 READYREFRESH BY NESTLE 4027 04G0033487406 28447 7/1/24-7/31/2: 5409 7TH ST WTR SERV 40.88 96 G081424 SOUTHERN CALIFORNIA GAS COMPANY 1438 164-935-96817 080724 28448 CNG FUEL 3,318.60 97 G081424 Total 22,823.43
98 G081924 ALEXANDER'S CONTRACT SERVICES, INC. 3828 202407180590 28478 7/12/24-7/18/24: READING METERS SERV 6,627.43 99 G081924 BHT ENGINEERING, INC 5134 24-305 28479 GRADING PLAN CHECK & TRAFFIC IMPACT SRVC 1,987.50 100 G081924 ELECTRIC MOTOR WORKS INC. 2678 114181 28480 INSPECTION & REPAIRS ON SUBMERSIBLE PUMP: #1 LIFT 4,701.60 101 G081924 METRO RECORD STORAGE AND SHREDDING 6184 104550 28481 SHREDDING SRVCS FOR PD 35.00 102 G081924 Total 13,351.53
103 G082024 DEE JASPAR AND ASSOCIATES, INC 378 24-00673 28482 5TH PL PIPELINE REPLACEMENT: JUNE 2024 867.50 104 G082024 FERGUSON ENTERPRISES INC 1008 0003759 28483 3” WATER METER REPLACEMENT AT CORMACK PARK 3,333.04 105 G082024 FERGUSON ENTERPRISES INC 1008 1830896 28483 REPLACEMENT METERS FOR PALM AVE SCHOOL 6,974.35 106 G082024 PHOENIX GROUP INFORMATION SYSTEMS 4913 062024239 28484 JUNE 2024: CITATION FEE & SRVCS 300.00 107 G082024 SCL-NORTH 6067 601 28485 20214-1: REPLACEMENT LIGHT HEADS HWY 43 21,744.40 108 G082024 Total 33,219.29
109 G082124 ADVANTAGE ANSWERING PLUS 2564 000033-503-771 28486 AUG 24: ANSWERING SRVCS 10.37 110 G082124 ALECIO MORA 6041 081924 28487 092523 UNFM STIP B288.87 216.33 111 G082124 AMAZON CAPITAL SERVICES, INC 4968 1PTV-FXTC-HPRG 28488 OFFICE CHAIR FOR FINANCE 108.24 112 G082124 AMAZON CAPITAL SERVICES, INC 4968 1TRG-JTHY-9LH1 28488 CUSTOMIZED RECEIPT BOOK FOR PD 133.93 113 G082124 AMAZON CAPITAL SERVICES, INC 4968 19YV-PLYP-3WQ3 28488 MONITORS FOR FINANCE 222.10 114 G082124 AMAZON CAPITAL SERVICES, INC 4968 1JHV-X33 -1CKF 28488 6-PACK EZ GRABBERS 97.97 115 G082124 BSK & ASSOCIATES, INC. 1052 AH19446 28489 WW SAMPLE TEST: 7/25/24 BOD & TSS 140.00 116 G082124 CHARTER COMMUNICATIONS 68 167751301080724 28490 AUG 24:INTERNET SRVCS ANNEX 134.68 117 G082124 CHARTER COMMUNICATIONS 68 168679001080724 28490 AU 24:INTERNET SRVCS PD STATION 204.97 118 G082124 CINTAS CORPORATION NO. 3 4480 4200877366 28491 UNIFORM SRVCS 080224 360.75 119 G082124 CLARK PEST CONTROL 117 35809139 28492 AUG 2024: 5410 7TH ST PEST CONTROL SERV 62.00 120 G082124 CORE & MAIN LP 4704 V364732 28493 HYDRANT REPLACEMENT AT 9TH & BECKES 1,276.27 121 G082124 CORE & MAIN LP 4704 V364920 28493 HYDRANT REPLACEMENT AT 9TH & BECKES 4,108.68 122 G082124 CORE & MAIN LP 4704 V367986 28493 HYDRANT REPAIR PARTS 693.97 123 G082124 CORE & MAIN LP 4704 V411106 28493 PIPES USED TO INSTALL A NEW STORM DRAIN 9TH & J ST 2,095.02 124 G082124 CORE & MAIN LP 4704 V406122 28493 2-36"" FIRE HYDRANT BURYS 703.63 125 G082124 CORE & MAIN LP 4704 V411461 28493 25006: GATE VALVES & FITTINGS 26,262.53 126 G082124 CORE & MAIN LP 4704 V453056 28493 HYDRANT REPLACEMENT 7TH & BIRCH 756.67 127 G082124 COUNTRY AUTO & TRUCK, INC. 3008 747905 28494 RFS VEH #23: LED LIGHT 61.03 3 of 4
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 128 G082124 COUNTRY AUTO & TRUCK, INC. 3008 747912 28494 ANNEX GENERATOR: 2 NEW BATTERIES 436.98 129 G082124 DEPARTMENT OF JUSTICE 1668 754246 28495 JULY 24: FINGERPRINTS DOJ 130.00 130 G082124 FED EX 123 8-584-71786 28496 EXPRESS SERVICES 080824 24.62 131 G082124 FLOWATER INC 5241 INV99650 28497 FILTERS FOR CITY HALL 649.50 132 G082124 FREEMAN MATHIS & GARRY LLP 5980 9160191802 28498 JULY 24: LEGAL SRVCS 660.00 133 G082124 GARCIA ELECTRIC 6188 080224 28499 INSTALL POWER SOURCE FOR SAMPLER UNIT 3,530.00 134 G082124 JTS CONSTRUCTION 6018 01-1314 073124 11 28500 22013-2: PMT APPLICATION #11 CENTRAL AVE PARK PRJT 3,763.93 135 G082124 ODP BUSINESS SOLUTIONS, LLC 5759 379676117001 28501 OFFICE SUPPLIES FOR FINANCE 56.20 136 G082124 PACE ANALYTICAL SERVICES, INC 5694 2427B500843 28502 WW SAMPLE TEST: 7/16/24 3RD QTR GW MONITORING 966.00 137 G082124 PETERSON AUTO SUPPLY 152 7417-276597 28503 WTR VEH #52: RELAY 11.31 138 G082124 PG & E COMPANY 85 2991524925-3 081324 28504 UB 810 8TH ST COURTHOUSE 1,473.76 139 G082124 PLUMBERS DEPOT, INC. 2423 PD-56835 28505 PREVENTATIVE MAINT FOR VACUUM TRUCK 3,090.15 140 G082124 QUADIENT LEASING USA, INC 2996 Q1446574 28506 POSTAGE LEASING SEPT-DEC 2024 312.95 141 G082124 SHAUN MANUELE 6137 081924 28508 050124 UNFM STIP B0 494.27 142 G082124 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 3483 28507 JOB RECRUITMENT 84.00 143 G082124 Total 53,332.81
144 G2081224 JOHN KULAR CONSULTING 3734 1495 28471 24008: STORMWATER MASTER PLAN JUNE 2024 5,831.25 145 G2081224 WASCO T-SHIRTS PRINTING 497 9435 28472 CITY OF WASCO LOGOS & STICKERS 1,120.39 146 G2081224 Total 6,951.64
147 G2081324 DIAMOND TECHNOLOGIES, INC. 2724 36355MS 28473 MICROSOFT MONTHLY AUG BILLING 404.00 148 G2081324 DIAMOND TECHNOLOGIES, INC. 2724 36363 28473 MONTHLY IT SRVCS AUG BACK UP CENTRIC 1,485.50 149 G2081324 DIAMOND TECHNOLOGIES, INC. 2724 36356 28473 MONTHLY SRVS AGREEMENT AUG 3,374.00 150 G2081324 DIAMOND TECHNOLOGIES, INC. 2724 36359 28473 WATCHGUARD SECURITY SUBSCRIPTION 2,405.00 151 G2081324 KERN COUNTY RECORDE R 4046 CENTRAL PARK 28474 220123-2: RECORDING FEE FOR PARK 58.00 152 G2081324 LUIS DANIEL ALVIDREZ 6156 2 28475 22012-2: TASK ORDER 9 PP#2 6,000.00 153 G2081324 PG & E COMPANY 85 0257904856-8 080924 28476 UB 2692 GRAPEVINE LN 13.48 154 G2081324 PG & E COMPANY 85 4460001408-6 080724 28476 UB CENTRAL AVE HWY 46 NW 129.20 155 G2081324 PG & E COMPANY 85 8702724701-1 080824 28476 UB AGRICULTURE 080824 551.44 156 G2081324 PG & E COMPANY 85 5816195239-3 080924 28476 JULY 24: WELL #12 MCCOMBS & GRIFFITH SE 43,823.23 157 G2081324 THE GAS COMPANY 246 08961820373 080924 28477 JUL 24: CITY YARD F STREET 14.79 158 G2081324 THE GAS COMPANY 246 08121820008 080924 28477 JUL 24: POLICE STATION 748 F ST 6.24 159 G2081324 THE GAS COMPANY 246 08331820137 080924 28477 JUL 24: COURTHOUSE 757 FSt/801 F ST 21.03 160 G2081324 Total 58,285.91
161 R082124 EDDIE GEREKE 6190 1202-0140023340 28509 OVRPYMT 2334 CAMELLIA ST. 2.70 162 R082124 ERIN MCDONALD 6191 5423-0355175020 28510 OVRPYMT 1750 POPLAR AVE SP.#20 2.70 163 R082124 GERARDO GARCIA 6186 12796-0370010000 28511 OVRPYMT 1000 ROSE ST. WASCO, CA. 93280 6.66 164 R082124 KASSANDRA Y TERRAZA 6187 16997-0077010580 28512 RFND-DPST 1058 7TH PL. 3.70 165 R082124 LUIS PEREZ CABAN 6179 16865-0235006370 28513 RFND-DPST 637 GRIFFITH AVE 68.89 166 R082124 MARIO J. DELA MORA 6192 18754-0010012440 28514 RFND-DPST 1244 10TH PL 27.92 167 R082124 Total 112.57
168 Grand Total 351,345.86
4 of 4
9 of 139
City of Wasco City Council Meeting Minutes, May 21, 2024

MINUTES

WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Tuesday, May 21, 2024
Regular Meeting – 6:00 p.m.

City Council Chambers
746 8th Street, Wasco, CA 93280
R
EGULAR MEETING – 6:00 pm
1) C
ALL TO ORDER:

Mayor Pro Tem Medina called the meeting to order at 6:02 p.m. 2) R
OLL CALL: Mayor Garcia, Mayor Pro Tem Medina, Council Members: Martinez, Reyna, Saldaña
PRESENT: Mayor Pro Tem Medina, Council Members: Martinez, Reyna ABSENT: Mayor Garcia, Council Member Saldaña
ST
AFF PRESENT: City Manager Hurlbert, City Attorney Schroeter, City Clerk Martinez, Deputy City Clerk Flores, Administrative Assistant Carranza, Community Development Director C obb, Public Works Director Villa, Police Lieutenant Mora , Finance Director Perez-Hernandez, Deputy Public Works Director Martinez, Administrative Assistant Ugalde, Project Manager Garcia,
3) F
LAG SALUTE: by Juan David Gallardo
4) IN
VOCATION: by Juan Gallardo
5) P
RESENTATIONS:
a. Recognition – Wasco High School Wrestling Team
Mayor Pro Tem Medina presented the recognition to Juan Gallardo, Anselmo Arellano, Joe Blanchard, Jose Robledo, Angel Romero, Wasco High School Wrestling Coaches, and the Wasco High School Wrestling team. b. P
roclamation – Public Works Week
Mayor Pro Tem Medina presented the proclamation to Luis Villa and to the Public Works staff.
6) P
UBLIC COMMENTS ON ITEMS NOT ON THE AGENDA:

There were no public comments.

De
puty City Clerk Flores mentioned there are no email comments for this item or an y o
ther item on the agenda.
7) SU
CCESSOR AGENCY BUSINESS: None
8) W
ASCO PUBLIC FINANCE AUTHORITY BUSINESS: None
10 of 139
City of Wasco City Council Meeting Minutes, May 21, 2024

9) NEW EMPLOYEE POLICE DEPARTMENT BADGE PINNING CEREMONY FOR: None

10) PUBLIC SAFETY REPORTS
a. Kern County Fire Department (Appleton)
Chief Appleton gave a recent fire report.
b. Wasco Police Department (Fivecoat)
Chief Fivecoat reported on recent crimes.

CITY COUNCIL BUSINESS:
11) 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 $370,813.69

b. Approval of City Council Minutes for:

1. May 7, 2024, Regular Meeting

c. Adopt a Resolution of the City Council of the City of Wasco, California, calling and giving notice of holding a General Municipal Election for the Office of City Council Members for Districts 2, 4, and 5 for the full term of four (4)years and requesting the Board of Supervisors of the County of Kern to consolidate with the Statewide General Election to be held on Tuesday, November 5, 202 4, 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 15378, no environmental review is required.

Reso#2024-4062

d. Adopt a Resolution Authorizing the City Manager or designee to Submit an Application for Fiscal Year 2024-2024 Federal Funding Under Section 5311(49 U.S.C.

Section 5311) and the Execution of a Standard Agreement with the California Department of Transportation, Division of Rail and Mass Transportation; and Find the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is, therefore, not subject to review under CEQA.

Reso#2024-4063

e. Adopt a Resolution Authorizing the City Manager or designee to Award and Finalize a Five (5) year agreement for payment acceptance device hardware and Transit Processor Services with Kuba, Inc. and LittlePay, Inc. through State of California Leveraged Procurement Agreements; and Find the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is, therefore, not subject to review under CEQA.

Reso#2024-4064
Agmt#2024-012
Agmt#2024-013
Agmt#2024-014

11 of 139
City of Wasco City Council Meeting Minutes, May 21, 2024

f. Adopt a Resolution Authorizing the City Manager or designee to execute task order #26 with BHT Engineering for the preparation of the engineer’s reports for the lighting and landscaping maintenance district in the City; and f ind the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is, therefore, not subject to review under CEQA.

Reso#2024-4065
Agmt#2020-008(26)
No Conflict of Interest on the consent calendar for any of the Council members.

Motion was made by Council Member Martinez, seconded by Council Member Reyna, to approve the Consent by the following roll call vote:

AYES: MEDINA, MARTINEZ, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: GARCIA, SALDAÑA
12) PUBLIC HEARINGS: None
13) DEFERRED BUSINESS: None

14) NEW BUSINESS:
a. Appointment of Miguel Raya to serve on the Wasco Recreation and Parks District Board to fill the unexpired term expiring November 30, 2025; 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.

City Manager Hurlbert informed the council that the interview selection committee interviewed three candidates and recommended Miguel Raya for appointment.

There were no public comments.

Motion was made by Council Member Reyna, seconded by Council Member Martinez, to appoint Miguel Raya to serve on the Wasco Recreation and Parks District Board for an unexpired term ending November 30, 2025, by the following roll call vote:

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

The City Council recognized Sharon Sharp, the outgoing Wasco Recreation and Parks District Board Member, by presenting her with an award. 12 of 139
City of Wasco City Council Meeting Minutes, May 21, 2024 15) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Garcia)
No reports – Mayor Garcia absent
b. Kern Council of Government (Reyna)
No reports
c. Wasco Task Force (Saldaña and Medina)
No reports

16) REPORTS FROM THE CITY MANAGER:

City Manager Hurlbert updated the city council on the following:
• The Wasco Police Department Grand Opening will be held on May 30, 2024, at the Wasco High School cafeteria.
• The future events will be emailed to the city council.

17) REPORTS FROM THE CITY COUNCIL: None

There were no public comments on the closed session items.

Mayor Pro Tem Medina adjourned into closed session at 6:48 p.m. with a five-minute recess.

Mayor Pro Tem Medina adjourned out of closed session at 7:33 p.m.

18) CLOSED SESSION:
a. Approval of Closed Session Minutes for May 7, 2024

b. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS 54956.8
Real Property: APNs 030-081-01 and -02
Agency negotiators: City Manager
Negotiating parties: DENMAR, LLC
Under negotiation: Potential Purchase
c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – City Manager per Government Code Section 54947

19) CLOSED SESSION ACTION:

City Attorney Schroeter reported out.

a. Approval of Closed Session Minutes for May 7, 2024

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

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

13 of 139
City of Wasco City Council Meeting Minutes, May 21, 2024

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

20) ADJOURNMENT:

Mayor Pro Tem Medina adjourned the meeting at 7:34 p.m.

____________________________________
Monica Flores, Deputy City Clerk

______________________________________
Valentin Medina, Mayor

14 of 139
City of Wasco City Council Meeting Agenda, July 16, 2024

MINUTES

WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Tuesday, July 16, 2024
Regular Meeting – 6:00 p.m.

City Council Chambers
746 8th Street, Wasco, CA 93280
R
EGULAR MEETING – 6:00 pm
1) C
ALL TO ORDER:

Mayor Garcia called the meeting to order at 6:01 p.m.
2) R
OLL CALL: Mayor Garcia, Mayor Pro Tem Medina, Council Members: Martinez, Reyna, Saldaña
PRESENT: Mayor Garcia, Mayor Pro Tem Medina, Council Members: Reyna, Saldaña ABSENT: Councilmember Martinez
ST
AFF PRESENT: City Manager Hurlbert, City Attorney Schroeter, Deputy City Clerk Flores, Deputy City Clerk Carranza, Assistant City Manager Lara, Chief of Police Fivecoat, Finance Director Perez-Hernandez
3) F
LAG SALUTE: by Mayor Garcia
4) IN
VOCATION: Observed a moment of silence
5) P
RESENTATIONS:
a. Assembly Member Dr. Jasmeet Bains – UCLA Kern Medical School Assembly Member Dr. Jasmeet Bains made an oral presentation regarding AB2357, which establishes a UC Medical School in Kern County.
6) P
UBLIC COMMENTS ON ITEMS NOT ON THE AGENDA:

Public comment by Lourdes Lule Lucia.

D
eputy City Clerk Carranza mentioned there were no email comments for this item or any other item on the agenda.
7) SU
CCESSOR AGENCY BUSINESS: None
8) W
ASCO PUBLIC FINANCE AUTHORITY BUSINESS: None
9) N
EW EMPLOYEE POLICE DEPARTMENT BADGE PINNING CEREMONY FOR:
a. Shaun Menele, Senior Police Officer
b. Dale Frye, Police Officer
c. Adan Gonzalez, Police Officer
d. Dartanyun Rabon, Police Officer
e. Xochitl Nieto, Police Records Clerk
15 of 139
City of Wasco City Council Meeting Agenda, July 16, 2024 Police Chief Fivecoat and Lieutenant Mora presented the new Police Department staff for the badge-pinning ceremony.

Deputy City Clerk Flores administered the oath of office to the new Police Department staff.

Assembly Member Jasmeet Bains and Janett Tapia, Field Representative from Senator Melissa Hurtado’s office, presented the new Police Department staff with certificates of recognition.

Mayor Garcia called for a 5-minute recess at 6:21 p.m.

Mayor Garcia reconvened the meeting at 6:36 p.m.

10) PUBLIC SAFETY REPORTS
a. Kern County Fire Department (Appleton)
Chief Appleton gave a recent fire report.

b. Wasco Police Department (Fivecoat)
Chief Fivecoat reported on recent crimes.

CITY COUNCIL BUSINESS:
11) 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 $2,018,941.34.

b. Approval of Minutes for July 2, 2024, Regular Meeting.

c. Adopt a Resolution Authorizing the County of Kern to Levy and Collect a Special Tax on Properties within the City of Wasco Community Facilities District No. 2017-01, 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 15378, no environmental review is required.

Reso#2024 -4088

d. Adopt a Resolution Confirming the Assessment for the Levy and Collection of Assessments within Sewer Lift Station District 2008-01 for Fiscal Year 2024-25, 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 15378, no environmental review is required.

Reso#2024 -4089

e. Adopt a Resolution Confirming the Assessment for the Levy and Collection of Assessments within Special Tax Assessments within Special Tax Area Zone 2005 -1 within the Wasco Special Police Tax Area Subdivision for Fiscal Year 2024 -25, and Find that this action is not a project as defined under the California Environmental 16 of 139
City of Wasco City Council Meeting Agenda, July 16, 2024 Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Reso#2024 -4090

f. Adopt a Resolution Authorizing the County of Kern to Levy and Collect a Special Tax on Properties within the City of Wasco Community Facilities District No. 2020-01, 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 15378, no environmental review is required.

Reso#2024 -4091

g. Adopt a Resolution Confirming the Assessment for the Levy and Collection of Assessments within Special Tax Assessments within Special Tax Area Zone 2006 -01, 2006-02, and 2006-03 within the Wasco Special Police Tax Area Subdivision for Fiscal Year 2024 -25, 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 15378, no environmental review is required.

Reso#2024 -4092
Reso#2024 -4093
Reso#2024 -4094

h. Adopt a Resolution Authorizing the City Manager or Designee to Accept the Grant Award of $22,501.00 and Execute the Grant Agreement, Budget Appropriations, Certifications, and Assurances for the Fiscal Year 2024 -2025 California State of Good Repair (SGR) Program, and Find the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is, therefore, not subject to review under CEQA.

Reso#2024 -4095

i. Adopt a Resolution Authorizing the City Manager or Designee to Authorize and Accept an Easement Agreement Between Wasco GO, LLC and the City of Wasco, and Find that this Project is classified as categorically exempt pursuant to CEQA Section 15332; no environmental review is required.

Rec#2024-4096

j. Approval of Travel Expenses Exceeding $500.00 per trip for the Human Resources Manager to attend the California Public Employers Labor Relations Association (CALPELRA) 202 4 Annual Training Conference from November 1 2-15, 2024, in Monterey, CA. , and Find that this acti on is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

k. Adopt a Resolution Authorizing the City Manager or Designee to Enter into an Agreement with Westrock LLC for the Alley Pavement Rehabilitation Project in the amount of $96,969.00 and allowing the City Manager to execute Contract Change Orders in an amount not to exceed an aggregate of $25,000.00.

Reso#2024-4097
Agmt#2024-017
17 of 139
City of Wasco City Council Meeting Agenda, July 16, 2024

l. Approval and correction of the Minutes of June 18, 2024, Regular City Council Meeting, 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 15378, no environmental review is required.

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

Motion was made by Councilmember Reyna, seconded by Councilmember Saldaña, to approve the Consent Calendar by the following roll call vote:

AYES: GARCIA, MEDINA, SALDAÑA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: MARTINEZ
12) PUBLIC HEARINGS:
a. Adopt a Resolution of the City Council of the City of Wasco Confirming the Diagram and Assessment for the Levy and Collection of Assessments within Maintenance District No. 1, Landscape and Lighting Maintenance District No. 01 -01, Landscape and Lighting Maintenance District No. 01 -02, Landscape and Lighting Maintenance District No. 06-1, and Landscape and Lighting Maintenance District 2017-1 for Fiscal Year 2024-25, and Find that this action is not a project as defined under the California Environmental Quality Act State Guid elines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required .

Reso#2024–4098
Reso#2024–4099
Reso#2024–4100
Reso#2024–4101
Reso#2024-4103

Mayor Garcia opened the public hearing at 6:54 p.m.

There were no public comments.

Mayor Garcia closed the public hearing at 6:51 p.m.

Motion was made by Mayor Pro Tem Medina, seconded by Mayor Garcia, to adopt the resolutions by the following roll call vote:

AYES: GARCIA, MEDINA, SALDAÑA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: MARTINEZ
13) DEFERRED BUSINESS: None

18 of 139
City of Wasco City Council Meeting Agenda, July 16, 2024 14) NEW BUSINESS:
a. Receive an Update on the City of Wasco Downtown Streetscape Re-Design Project and Provide Direction for the Placement of Existing City Monuments; 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 15378, no environmental review is required.

The Community Development Director presented a PowerPoint presentation on the Downtown St reetscape Re-Design Project and requested direction from the council for the placement of existing City monuments.

The council's consensus is to place the clock tower at the entrance of the downtown plaza and the replica water tower at the roundabout.

No action; informational item only.

15) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Garcia)
Mayor Garcia:
• The next meeting will be held on July 25, 2024.

b. Kern Council of Government (Reyna)
Council Member Reyna:
• We had six different reimbursement requests from 2019-2020, 2020 -2021, and 2021-2022; the total for the Local Transportation Fund LTF was $439,824.00, and for the State Transit Assistance Fund STA was $523,163.00 with a grand total of $962,987.00 reimbursed to the City of Wasco.

c. Wasco Task Force (Saldaña and Medina)
Mayor Pro Tem Medina:
• The Wasco Task Force Cleanup event, held Downtown on 7 th Street last
Saturday with 25 volunteers, is the fourth cleanup of the year; 15 bags of trash were collected. The next meetin g will be next Thursday at the Old Courthouse at 6:00 p.m.

16) REPORTS FROM THE CITY MANAGER:

City Manager Hurlbert updated the city council on the following:
• The next SNIP event is scheduled for August 13, 2024. • The cooling center: On the first day, 13 people utilized the center, and on the second day, 10 people; then there were 2 people, and no takers over the weekend for the cooling center or the Dial -A-Ride. We will be on a day -by- day watch and follow the county’s declaration when they open their cooling centers.
• The ribbon cutting at the Central Avenue Park will be this Friday at 9:00 a.m. • Save the date for the Kern EDC Annual Dinner on September 12, 2024. • On August 1, 2024, there will be an event called Chill with a Cop, at Barker Park from 11:00 a.m.-1:00 p.m.

19 of 139
City of Wasco City Council Meeting Agenda, July 16, 2024 17) REPORTS FROM THE CITY COUNCIL:

Council Member Reyna:
• Requested to discuss: providing funding to buy paint for businesses interested in painting their buildings; requests that the item be brought to the council to discuss whether funding is possible.
• It has been reported that the old Kmart building looks atrocious. We have been waiting for the owner to paint it, request the City fix it, and send the owner a bill.

There were no public comments on the closed session items.

Mayor Garcia adjourned into closed session at 7:14 p.m.

Mayor Garcia adjourned out of closed session at 7:29 pm.

18) CLOSED SESSION:
a. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision (e) of Section 54956.9: (one potential case). b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: Amerivet Contracting, a California Corporation

19) CLOSED SESSION ACTION:

City Attorney Schroeter reported out.

a. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision (e) of Section 54956.9: (one potential case).

Motion was made by Mayor Pro Tem Medina, seconded by Councilmember Saldaña, to deny the claim by the following roll call vote:

AYES: GARCIA, MEDINA, SALDAÑA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: MARTINEZ
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: Amerivet Contracting, a California Corporation No reportable action.

20) ADJOURNMENT:

Mayor Garcia adjourned the meeting at 7:31 p.m.

____________________________________
Monica Flores, Deputy City Clerk

______________________________________
Valentin Medina, Mayor
20 of 139
City of Wasco City Council Special Meeting Minutes, August 14, 2024

MINUTES

WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Tuesday, August 14, 2024
Special Meeting – 6:00 p.m.

City Council Chambers
746 8th Street, Wasco, CA 93280
SPECIAL MEETING – 6:00 p.m.
1) C
ALL TO ORDER:

Mayor Medina called the meeting to order at 6:00 p.m.
2) R
OLL CALL: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Reyna PRESENT: Mayor Medina, Mayor Pro Tem Saldaña, Council Member Reyna ABSENT: Council Member Martinez
ST
AFF PRESENT: City Manager Hurlbert, City Clerk Martinez, Deputy City Clerk Flores 3) F
LAG SALUTE: led by the Mayor Medina
4) N
EW BUSINESS:
a. Adopt a Resolution of the City of Wasco accepting the City Clerks Certification that there are not more candidates than offices to be elected for in the upcoming November 5, 2024 General Election.

O
ral presentation by City Clerk Martinez.

There were no public comments.

A
motion was made by Council Member Reyna, seconded by Mayor Pro Tem Sal
daña, to adopt the resolution by the following roll call vote:

A
YES: MEDINA, SALDAÑA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: MARTINEZ
5) ADJOURNMENT:

Mayor Medina adjourned the meeting at 6:11 p.m.
_________
___________________________
Maria O. Martinez, CMC
City Clerk
______________________________________
Valentin Medina, Mayor
21 of 139
City of Wasco City Council Meeting Minutes, August 20, 2024

MINUTES

WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Tuesday, August 20, 2024
Regular Meeting – 6:00 p.m.

City Council Chambers
746 8th Street, Wasco, CA 93280
R
EGULAR MEETING – 6:00 pm
1) C
ALL TO ORDER:

Mayor Medina called the meeting to order at 6:03 p.m.
2) R
OLL CALL: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Reyna PRESENT: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Reyna ST
AFF PRESENT: City Manager Hurlbert, City Attorney Schroeter, Assistant City Manager Lara, City Clerk Martinez, Deputy City Clerk Flores, Public Works Director Villa, Finance Director Perez -Hernandez, Community Developmen t Director Cobb, Chief of Police Fivecoat, Kern County Fire Chief Appleton
3) F
LAG SALUTE: by Mayor Medina
4) IN
VOCATION: by Mike Lynch, Wasco Police Department Chaplain 5) P
RESENTATIONS:
a. Certificate of Recognition for the House of Fades.

Mayor Medina presented the recognition to the barbers from the House of Fades. 6) P
UBLIC COMMENTS ON ITEMS NOT ON THE AGENDA:
• Evangeline Martin
• David Martin
• Rosario Sierra
• Mercedes Martin
D
eputy City Clerk Flores mentioned that there were no email comments for this item or any other agenda items.
7) SU
CCESSOR AGENCY BUSINESS:
a. Nomination and Appointment of Chairman and Vice-Chairman.

O
ral presentation by City Clerk Martinez.

There were no public comments.

M
otion was made by Director Reyna, seconded by Director Martinez, to appoint Vice-Chairman Medina as Chairman and Director Saldaña as Vice-Chairman of the Successor Agency by the following roll call vote:
22 of 139
City of Wasco City Council Meeting Minutes, August 20, 2024 AYES: MEDINA, MARTINEZ, REYNA, SALDAÑA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
b. Adopt a Resolution of the Successor Agency to the Former Wasco Redevelopment Agency to add Eduardo Saldana as Authorizing Signer for all Successor Agency Bank Accounts and remove Alexandro Garcia, 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 15 378, no environmental review is required.

Reso#2024-029

Oral presentation by Finance Director Perez-Hernandez.

There were no public comments.

Motion was made by Director Martinez, seconded by Director Reyna, to adopt the resolution by the following roll call vote:

AYES: MEDINA, SALDAÑA, MARTINEZ, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
8) WASCO PUBLIC FINANCE AUTHORITY BUSINESS:
a. Nomination and Appointment of Chairman and Vice-Chairman.

Oral presentation by City Clerk Martinez.

There were no public comments.

Motion was made by Director Reyna, seconded by Director Saldaña, to appoint Vice-Chairman Medina as Chairman and Director Saldaña as Vice-Chairman of the Wasco Public Finance Authority by the following roll call vote:

AYES: MEDINA, MARTINEZ, REYNA, SALDAÑA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
b. Adopt a Resolution of the Board of Directors of the Wasco Public Financing Authority to add Eduardo Saldana as Authorizing Signers for all Wasco Public Financing Authority Bank Accounts and remove Alexandro Garcia, 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 15 378, no environmental review is required.

Reso#2024-066

Oral presentation by Finance Director Perez-Hernandez.

There were no public comments.

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City of Wasco City Council Meeting Minutes, August 20, 2024 Motion was made by Director Reyna, seconded by Director Martinez, to adopt the resolution by the following roll call vote:

AYES: MEDINA, SALDAÑA, MARTINEZ, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
9) NEW EMPLOYEE POLICE DEPARTMENT BADGE PINNING CEREMONY FOR: None

10) PUBLIC SAFETY REPORTS
a. Kern County Fire Department (Appleton)
Fire Chief Appleton gave a fire report.

b. Wasco Police Department (Fivecoat)
Police Chief Fivecoat gave a PowerPoint presentation.

CITY COUNCIL BUSINESS:
11) CONSENT CALENDAR:

b. Adopt and Waive the Second Reading of an Ordinance of the City Council of the City of Wasco Adopting Zone Change 24 -01, and Find that this project is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3), no environmental review is required.

Ord#2024-726

c. Adopt and Waive the Second Reading of an Ordinance of The City Council of The City of Wasco adopting Pre -zoning for Annexation 41 and Find that this project is exempt from the California Environmental Quality Act pursuant to Section 15378; no environmental review is required.

Ord#2024-727

d. Adopt a Resolution to add Eduardo Saldana as Authorizing Signers for all City Bank Accounts and Remove Alexandro Garcia. Find that this project is exempt from the California Environmental Quality Act pursuant to Section 15378; no environmental review is required.

Reso#2024-4116

e. Approval of Travel and Training Expenses Exceeding $500 per participant for City Manager and Assistant City Manager to attend the Kern County City Managers Training Conference on September 9 th-11th, 2024, in Pismo Beach, CA., and Find that this action is not a project defined under the California Environmental Quality Act State Guidelines; therefore, no environmental review is required pursuant to State Guidelines Section 15378.

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

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City of Wasco City Council Meeting Minutes, August 20, 2024 Motion was made by Mayor Pro Tem Saldaña, seconded by Mayor Medina, to approve the Consent Calendar by the following roll call vote:

AYES: MEDINA, SALDAÑA, MARTINEZ, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
12) NEW BUSINESS:
a. Adopt A Resoluti on Authorizing the City Manager or Designee to Implement the Downtown 5- Year Strategic Vision Plan for The City o f Wasco and Find that this action is not a project defined under the California Environmental Quality Act State Guidelines; therefore, no environmental review is required pursuant to State Guidelines Section 15378.

Reso#2024-4117

PowerPoint presentation by Downtown Strategies consultant Laura Marinos • 5-Year Strategic Action Plan-Executive Summary
There were no public comments.

Motion was made by Council Member Reyna, seconded by Mayor Pro Tem Saldaña, to adopt the resolution by the following roll call vote:

AYES: MEDINA, SALDAÑA, MARTINEZ, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
b. Consideration on Adopting a resolution providing for the appointment of City Council Members for Districts 2, 4, and 5 and canceling the November 5, 2024 election.

Reso#2024-4118

Oral presentation by City Manager Hurlbert.

Public comments by Phillip Harrison.

Motion was made by Council Member Reyna, seconded by Mayor Pro Tem Saldaña, to adopt the resolution providing for the appointment of the City Council Members for Districts 2, 4, and 5 and canceling the November 5, 2024 election by the following roll call vote:

AYES: MEDINA, SALDAÑA, MARTINEZ, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
c. Sheriff’s Activity League Building Project Progress. Informational Only

PowerPoint presentation by Public Works Director Villa. • SAL Building Update
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City of Wasco City Council Meeting Minutes, August 20, 2024 There were no public comments.

No action; informational item only.

13) PUBLIC HEARINGS: None
14) DEFERRED BUSINESS: None

15) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Medina)
No reports.
b. Kern Council of Government (Reyna)
No reports.
c. Wasco Task Force (Saldaña and Medina)
Mayor Pro Tem Saldaña – had a good outcome on the last cleanup event.

The next meeting is scheduled for August 29, 2024, at 6:00 p.m., held at the old courthouse.

16) REPORTS FROM THE CITY MANAGER:

City Manager Hurlbert updated the city council on the following:
• There will be 2 SNIP events in September: September 9th and September 16th. • Artwork from downtown has been stolen ; cameras will be installed to monitor the area more closely
• Wine and Roses event September 6, 2024, at 6:00 p.m. held at the Elks Lodge • Wasco Rose Parade September 7, 2024 – theme Small Town Big Hearts • Kern EDC Annual Dinner September 12, 2024 at 6:00 p.m.

17) REPORTS FROM THE CITY COUNCIL:

Council Member Reyna:
• Thanked staff for following up with the CALTRANS Reconnecting Community Grant funding opportunity and for the scheduled meeting. • There is an opportunity to get funding from the San Joaquin Valley Air Pollution Control District for a $5,000.00 grant available for a high-efficiency air filtration system to be placed at the old courthouse building for the cooling center. • Requested from the City Manager the conversation regarding improving the connecting roads to the City of Wasco; per the City Manager, there has been an initial meeting with Supervisor Couch and Mr. Hakimi, and a follow -up meeting is being scheduled with the county roads staff and the city engineer. • Requested to know if the Animal Control personnel and Officers work weekends because he received a complaint of dogs harassing people, and the police department responded ; per the Public Works Director, they work on standby on weekends.

There were no public comments on the closed session items.

Mayor Medina adjourned into closed session at 7:23 pm. and called for a 5-minute recess.

Mayor Medina adjourned out of closed session at 7:53 pm.

18) CLOSED SESSION:
a. Approval of Closed Session Minutes for August 6, 2024.

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City of Wasco City Council Meeting Minutes, August 20, 2024 b. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521

c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: Amerivet Contracting, a California Corporation 19) CLOSED SESSION ACTION:

City Attorney Schroeter reported out.
a. Approval of Closed Session Minutes for August 6, 2024.

Motion was made by Council Member Reyna, seconded by Council Member Martinez, to approve the closed session minutes.

AYES: MEDINA, SALDAÑA, MARTINEZ, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
b. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521
No reportable action.

c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: Amerivet Contracting, a California Corporation No reportable action.
20) ADJOURNMENT:

Mayor Medina adjourned the meeting at 7:54 p.m.

____________________________________
Monica Flores, Deputy City Clerk

______________________________________
Valentin Medina, Mayor

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.

TO: Honorable Mayor and Council Members

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

DATE: September 2, 2024

SUBJECT: Approval of the acceptance of the Central Avenue Neighborhood Park Project and Authorize the City Clerk to file the Notice of Completion. _____________________________________________________________________________________ Recommendation:

Staff recommends the City Council:
1) Approval of the acceptance of the Central Avenue Neighborhood Park and authorize the City Clerk to file the Notice of Completion; 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 15378, 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 1506 0(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

On June 6, 2023, the City made an Agreement with James E. Thompson, Inc., a California Corporation, for the construction services for the Central Avenue Park Project in the amount of $2,042,500.00

On May 10,
2024, Central Avenue Park was completed and given the address 1900 Central Ave. The City had a ribbon-cutting ceremony on July 19, 2024, and the park was officially opened to the public. This project incorporates a full -size basketball court, six picnic benches, four benches, playground equipment, one exercise equipment, a drinking fountain, five trash cans, two bike racks, 172 trees, and 25 different types of plants.

STAFF REPORT
City of Wasco

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JTS Construction, “James E. Thompson, Inc.” has completed its scope of work per the approved agreement, prompting the project's closeout.

Fiscal Impact:

The final Project Construction Cost Summary for the Central Avenue Neighborhood Park is as follows:

Original Authorization (June 6, 2023) $2,042,500.00
Change Orders:

CO #1 1" Waterline fountain $4,334.00
CO #2 Power for Future Pump $3,392.50
CO #3 Power to Sprinkler Timer $3,939.03
CO #4 Plant Material $76,406.49
CO #5 Extra Concrete $4,569.50
CO #6 Botanical Signs -$13,250.00
CO #7 Thermoplastic Paint $3,817.17
CO #8 Added General Conditions $3,962.03
Project Total $2,129,670.72

The final construction cost of this Project came in at $2,129,670.72, which exceeded the $2,042,500.00 “Total Price” from Agreement 2023- 030 by $87,170.72. This amount exceeded the agreed amount for change orders of $25,000.00 by $62,170.72 from Resolution No. 2023- 3887. The extra expense primarily came from change order #4 for the plant material. This change order arose from a discrepancy in the contract, which indicated that the plant material was to be supplied by the City, not the contractor. This additional cost of the plant material, along with seven more change orders, inflated the contract's price.

Funding for CIP No. 22013 was originally appropriated from General Funds, Park Impact Fees, and Urban Greening Grant in a total amount of $3,000,000. Sufficient funds remain to cover the shift in plant material costs and other change orders. No budget action is required with approval of this item.

Attachments:

1. Final Balancing Change Order

2. Notice of Acceptance

3. Notice of Completion

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Public Works (661) 758-7270 Fax (661) 758-1728
764 E. Street, Wasco, CA. 93280

Final Balancing Change Order

Date of Contract: June 6, 2023 Date: August 16, 2024

Contract Amount: $2,042,500.00 Engineer: LAV Consulting & Engineering, Inc

Contractor: JTS Construction Project: Central Avenue Neighborhood Park

CHANGE ORDER #1: 1" Waterline fountain

It was later discovered that the scope of work didn’t include the installation of a valving, drainage work, or installation of a 1” waterline from the existing water supply onsite to the location of the proposed drinking fountain. It only included the excavation/installation of a PVC tee downstream of the water meter, installation of an isolation valve and 180LF of 1” PVC pipe placed with 24” of cover. All work related to the drinking fountain was noted “by others” and not included in their original proposal.

Total Change Order: $ 4,334.00

CHANGE ORDER #2: Power for Future Pump

The original Electrical plans did not show power to the future pump for the irrigation system, nor was it on any job task. Chane order added power for a future SWID pump.

Total Change Order: $ 3,392.50

CHANGE ORDER #3: Power to Sprinkler Timer

The original and updated Electrical plans did not show power to the sprinkler timer, nor was it on any job task.

The timer needed to be powered so that the project could move forward with the installation of the irrigation system.

Total Change Order: $3,939.03

CHANGE ORDER #4: Plant Material

Per line item 29 of the bid schedule, “owner supplied plant material” for Central Ave Park. The “owner” is the City of Wasco; the plants and trees were not part of the bid estimate from American Hydrotech.

Total Change Order: $76,406.49
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Public Works (661) 758-7270 Fax (661) 758-1728
764 E. Street, Wasco, CA. 93280

CHANGE ORDER #5: Extra Concrete

INCREASE IN CONTRACT ITEMS OF WORK:

Item # Description Estimated Actual Difference Increase by

Item #15 6” Concrete
After the field measure, an extra 6 sq.
ft. of 6” concrete was owed to the
contractor.
12300 SF 12306 SF 6 SF @ $9.75/ SF $58.50
Item #18 CMU Wall
After the field measure, the total
length of the CMU wall was 350 LF,
compared to the 340 LF in the Bid.

340 LF 350 LF 10 LF @ $390/ LF $3,900.00
Item #38 C&G
After the field measure, the curb and
gutter had an extra 13 LF. 273 LF 286 LF 13 LF @ $47/ SF $611.00

Total Increase: $ 4,569.50

CHANGE ORDER #6: Botanical Signs

The ordering and purchasing of the 85 botanical signs were granted back to the City. The City received a credit for this work item, which will help with the project's completion date.

Total Decrease in Contract Price: -$13,250.00

CHANGE ORDER #7: Thermoplastic Paint

The City requested this change order. Thermal plastic makes a better product than regular paint.

Total Change Order: $ 3,817.17

CHANGE ORDER #8: Added General Conditions

Due to a misunderstanding on who was supplying the plant material for the park. In the beginning, the City thought the contractor was supplying and providing the plant material, but it was later discovered the city was supplying the plant material. This caused a delay in ordering and receiving the plants and trees to the site, which caused extra time needed to have the fence up to help establish the plants and also pushed back the schedule for the seeding of the grass.

Total Change Order: $3,962.03

Original Contract Amount $2,042,500.00
Net Quantity Adjustments/Change Orders $87,170.72
Final Balance $2,129,670.72

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Public Works Office
(661) 758-7271 Fax (661) 758-1728
801 8th Street, Wasco, CA 93280
www.cityofwasco.org

NOTICE OF ACCEPTANCE

NOTICE IS HEREBY GIVEN that the Public Works Director, City of Wasco, State of California, by and through the powers vested in his office by the Members of the City Council has reviewed and accepted as complete the work performed under contract by the Contractor.

The information pertinent to this Notice is as follows:

1. Owner: City of Wasco

2. Contractor: James E. Thompson, Inc.

3. Surety of Faithful
Performance and
Labor and Material Bond: Travelers Casualty and Surety Company of America

4. Contr act For: Central Avenue Neighborhood Park

5. Date of Contract: June 6, 2023

6. Date of Completion: May 10, 2024

I, Luis Villa, hereby declare under penalty of perjury that the foregoing is true and the provisions of the contract have been met and are accepted on September 3, 2024.

Luis Villa
Public Works Director
City of Wasco

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Recording Requested By:

ITY OF WASCO
Maria Martinez, City Clerk
When Recorded Mail to:

City of Wasco
764 E Street
Wasco, CA 93280

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The FULL NAME of the OWNER is City of Wasco

3. The FULL ADDRESS of the OW NER is 746 8th Street, Wasco CA 93280

4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee. (if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")

5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:

Names Addresses

6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

7. A work of improvement on the property hereinafter described was COMPLETED May 10, 2024

8. The work of improvement completed is described as follows: Central Avenue Neighborhood Park

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: James E. Thompson, Inc.

10. The street address of said property is: 1900 Central Ave

11. The property on which said work of improvement was completed is in the City of Wasco, County of Kern, State of California, and is described as follows:

Roadway Improvements, grading, installing curb and gutter. Central Park improvements including grading, walkways, landscaping, irrigation, facilities like, basketball court, picnic tables, playground equipment, sidewalk, site lighting, masonry perimeter wall, and seat walls, among other items not mentioned.
09/3/2024
Date V alentin Medina, Mayor, City of Wasco
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

NOT APPLICABLE NOT APPLICABLE
Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Mayor of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. 0 9/3/2024, City of Wasco, CA _ _______________________ Date and Place Valentin Medina, Mayor, City of Wasco
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STAFF REPORT
City of Wasco

TO: Honorable Mayor and Council Members

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

DATE: September 3, 2024

SUBJECT: Adopt a Resolution A uthorizing the City Manager or Designee to Finalize and Execute a Professional Service Agreement with Time Clock Plus subject to the City Manager and City Attorney review.
_____________________________________________________________________________________ Recommendation:

Staff recommends the City Council:
1) Adopt a r esolution authorizing the City Manager or designee to finalize and execute a professional service agreement with Time Clock Plus subject to the City Manager and City Attorney review, and;

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

The City of Wasco has historically relied on a paper -based timekeeping system to manage employee attendance, work hours, scheduling, project billing , and payroll processing. While this traditional method has been sufficient in the past, it presents several challenges and limitations in the modern workforce environment. The current system requires employees to manually fill out paper timesheets, which are th en collected, verified, approved for over 100 employees, and manually entered into the payroll system by finance staff. This process is time -consuming, prone to errors, and lacks real- time visibility into employee attendance and work hours.

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Challenges of the Current Paper-Based System:

1. Manual Data Entry and Errors: The manual nature of paper -based timekeeping increases the likelihood of data entry errors, such as incorrect recording of hours worked, missed entries, or miscalculation of overtime. These errors can lead to inaccuracies in payroll processing, resulting in either overpayment or underpayment of employees, which can affect employee satisfaction and trust.

2. Time-Consuming Processes: The collection and processing of paper timesheets are labor -intensive tasks that require significant time and effort from both employees and finance staff. Employees need to fill out their timesheets accurately, supervisors must approve them, and finance personnel are responsible for entering this data into the payroll sy stem. This process can delay payroll processing and reduce the time available for other critical administrative tasks.

3. Lack of Real-Time Data: The paper-based system does not provide real-time data on employee attendance or labor distribution across differ ent projects. This lack of real-time information makes it challenging for supervisors to manage their teams effectively, allocate resources dynamically, or make timely adjustments based on current workforce availability. Additionally, the absence of real -time monitoring makes it difficult to track overtime usage, potentially leading to unchecked overtime accumulation and possible misuse. This inability to promptly detect and manage excessive or unauthorized overtime not only results in increased labor costs but also contributes to employee fatigue and potential burnout. Without real-time data, it becomes challenging to identify patterns of overtime misuse and to implement necessary corrective actions, ultimately impacting both the financial health of the cit y and the well -being of its employees. An electronic timekeeping system would provide real -time insights, enabling better oversight, resource allocation, and workforce management, while also helping to mitigate the risks of overtime misuse and employee burnout.

4. Limited Reporting and Analytics: The current paper-based system provides limited capability for generating detailed reports or conducting data analysis on workforce management at any point of a pay cycle . As a result, it is difficult for city management to gain insights into workforce productivity, absenteeism trends, or the allocation of labor costs across different departments or projects. This limitation hampers data-driven decision-making and strategic planning efforts.

5. Compliance Risks: Compliance with labor laws and regulations, such as the Fair Labor Standards Act (FLSA), state-specific labor regulations, personnel policy and Memorandum of Understanding (MOU) requires meticulous record-keeping and accurate tracking of work hours, breaks, overtime and special compensations.

6. Costs: The paper-based timekeeping system contributes to environmental waste through the extensive use of paper, printing, and storage resources. Beyond the environmental implications, the manual nature of the paper- based system requires considerable time and effort from supervisors and managers for reviewing and approving timesheets, which involves cross -checking entries for accuracy and addressing any discrepancies or corrections. This process not only delays 35 of 139

payroll processing but also results in increased administrative costs due to the time- intensive nature of managing paper records. By transitioning to an electronic timekeeping system, the city can reduce these environmental impacts and operational costs while streamlining the review and approval process, ultimately improving overall efficiency and reducing administrative workload.

Need for Modernization:

Given these challenges, it is evident that the City of Wasco would benefit from transitioning to a more modern, e fficient, and reliable timekeeping solution. The introduction of an electronic timekeeping system presents a valuable opportunity to address the limitations of the current paper -based system while offering significant improvements in accuracy, efficiency, compliance, and cost savings.

An electronic timekeeping system automates the collection, tracking, and reporting of employee work hours, providing a seamless and integrated solution for time and attendance management. It reduces the reliance on manual processes, minimizes errors, and offers real -time data visibility, enabling supervisors and managers to monitor workforce attendance, manage labor costs, and make informed decisions effectively.

Furthermore, electronic timekeeping systems are designed to ensure compliance with labor laws and regulations by automating the tracking of hours worked, breaks taken, and overtime, thereby reducing the risk of non-compliance and legal liabilities.

Many municipalities across the country have successfully adopted elect ronic timekeeping systems and have reported substantial benefits, including streamlined operations, improved employee morale, enhanced decision -making capabilities, and significant cost reductions. The City of Wasco has the opportunity to follow this trend and modernize its workforce management practices to better serve the needs of its employees, management, and the community.

By transitioning to an electronic timekeeping system, the City of Wasco can leverage modern technology to enhance operational effi ciency, improve accuracy in payroll processing, ensure compliance with regulatory requirements, and ultimately provide better services to its residents. The transition aligns with the city's commitment to innovation, sustainability, and continuous improvement in public service delivery.

TimeClock Plus (TCP) offers a better solution for our city compared to ExecuTime, ADP Workforce, and Kronos due to its balance of functionality, cost -effectiveness, and ease of use tailored specifically for municipalities of our size. Unlike Kronos, which is costly and packed with advanced features that are unnecessary for a city of our size, or ExecuTime, which can be overly complex and difficult to navigate, TCP offers a more streamlined and user-friendly platform that dir ectly meets our needs without the added complexity and expense. Our past experience with ADP Workforce after speaking to current clients highlighted significant limitations, such as difficulty adapting to changes in MOUs and the need for staff to develop technical skills to modify the system. TCP eliminates these challenges by providing a flexible, efficient, and easy-to-configure solution that supports our city's workforce management without requiring extensive technical expertise or 36 of 139
additional costs, mak ing it the most practical choice for our timekeeping and attendance needs. Not to mention with TCP having 36 years of experience exclusively in the time and attendance and scheduling space. Unlike other solutions that may spread focus across utility billi ng, general ledger, payroll, HR, and other areas, TCP Software has concentrated solely on time and attendance and scheduling management for over three decades. This deep expertise and commitment to continuous improvement make TimeClock Plus a superior choi ce for organizations looking to streamline their workforce management processes and achieve long -term success.

In addition, given the complexities and unique scheduling needs of police departments, our police department was in favor of TimeClock Plus because it offers features that specifically address these requirements. TimeClock Plus provides robust tools for managing shifts, overtime, and compliance, which are crucial for law enforcement operations. Its flexibility and ability to handle the dynamic scheduling demands of police work make it an ideal solution to ensure accurate timekeeping and efficient resource management for our police department.

Below is a cost breakdown showing an upfront first -year cost of $47,009.61 which is composed of annual inves tment and one -time investment for TimeClock Plus (image below). While some vendors offered higher or lower costs, our decision to recommend TimeClock Plus wasn't just about price. It doesn’t make sense to choose a system with unnecessary features that woul d only drive up costs or one that lacks the flexibility we need to be efficient and transparent in our processes. We took the time to meet with other agencies, both in person and virtually, to see their time and attendance systems in action. This helped us understand the limitations of each option and led us to conclude that TimeClock Plus is the best fit for our city.

Below is a list of government agencies in CA that use TimeClock Plus which excludes education and healthcare.

• City of Long Beach
• City of Pismo Beach
• City of Saratoga
• City of Sierra Madre
• City of San Fernando
• City of San Mateo
• City of Corning
• City of Emeryville
• Montebello Transit Bus Lines
• City of Ceres
• Tulare Lake Water Storage District
• North Tahoe Public Utility District
• Fallbrook Public Utility District
• Placentia Gas Works
• Dublin Aquatic Center Wave Waterpark
• City of El Segundo
• City of Gustine
• Livingston Public Works Department
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• San Francisco Department of Public Works
• Auburn Recreation & Park District
• Pleasant Hill Recreation & Park District
• Costa Mesa Sanitary District
• Martin Luther King, Jr. Outpatient Center
• Los Angeles County Department of Health Services
• Sacramento County
• H. Claude Hudson Comprehensive Health Center
• Edward R. Roybal Comprehensive Health Center
• South San Joaquin Irrigation District
• Lower Tule Irrigation District
• Alameda County Superior Court
• Sacramento County Animal Care Services
• San Miguel Community Service District
• El Dorado Hills Community Services District
• Merced Irrigation District
• Coachella Valley Mosquito & Vector Control District
• Orange County Mosquito & Vector Control District
• Kings County Child Support Services
• North Kern Water Storage District
• Tulare County Office of Education
• T wenty-Nine Palms Band of Mission Indians
• Twin Pine Casino & Hotel
• River Rock Casino

Fiscal Impact:

None. While this module is under budget estimate , staff proposes to retain th ese funds for other modules to round out our Enterprise Resource Planning suite of applications.

Attachments:

1. Resolution

2. Exhibit A

3. Agreement

4. Hardware Support and Maintenance Agreement

5. Proposal
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RESOLUTION NO. 2024 -

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

THE CITY MANAGER OR DESIGNEE TO FINALIZE AND EXECUTE A PROFESSIONAL SERVICE

AGREEMENT WITH TIME CLOCK PLUS FOR THE CITY OF WASCO SUBJECT TO THE CITY

MANAGER AND CITY ATTORNEY REVIEW
WHEREAS, the City wishes to enter into a Professional Services Agreement with Time Clock Plus, LLC; and
WHEREAS, the products and services proposed by Time Clock Plus, LLC have been reviewed by Staff and determined to have the required features and support to meet the City’s needs; and
WHEREAS, the products to be purchased are described in the proposal found as attached hereto as Exhibit “A”; and
WHEREAS, the Agreement shall also be subject to review and approval as to legal form by the City Attorney; and
WHEREAS, the Agreement shall not be valid unless and until so approved by the City Attorney and executed by the City Manager upon satisfaction.

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

SEC
TION 1: Authorizes the City Manager or designee to finalize and execute a P rofessional Services Agreement with Time Clock Plus, LLC.

SEC
TION 2: The Agreement as attached hereto as Exhibit “B” shall not be valid unless and until so approved by the City Attorney and executed by the City Manager. -o0o-
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I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on September 3, 2024, by the following vote:

COUNCIL MEMBERS: MEDINA, SALDAÑA, MARTINEZ, REYNA
AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________________

VALENTIN MEDINA
MAYOR of the City of Wasco
Attest: ________________________

__________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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[email protected] +1 (325) 223-9500 www.tcpsoftware.com

Page 1 of 2 ends

CLIENT INFORMATION
Purchased for: City of Wasco
Bill To: City of Wasco
Billing Address: /billToAddress/
/billToCity/, /billToState/
/billToZipCode/
/billToCountry/
Billing Contact Name: /billToFirstName/ /billToLastName/ Billing Contact Email: /billToEmail/
Billing Contact Phone: /billToPhone/
Shipping Method:

Contract Contact Name: Isarel isperez
Contract Contact Email: [email protected]
Support Contact Name: /scName/
Support Contact Email: /scEmail/
Support Contact Phone: /scPhone/
Start day of week: /startDay/

BILLING TERMS

INITIAL TERM RENEWAL TERM PAYMENT TERM PAYMENT METHOD
60 MONTHS 60 MONTHS DUE UPON RECEIPT CHECK

ITEM DESCRIPTION PRICE PER UNIT QUANTITY CHARGE TYPE ORDER TOTAL *SMART CARD READER KIT $763.50 12 ONE-TIME $9,162.00

HUMANITY IMPLEMENTATION
SERVICES PREPAID HOURS $168.75 6 ONE-TIME $1,012.50

HUMANITY ENTERPRISE
EMPLOYEE LICENSE - ANNUAL $48.75 36 RECURRING $1,755.00

INTEGRATION MAINTENANCE
FEE - TIERED $0.00 36 RECURRING $0.00

ENTERPRISE LICENSE ANNUAL
CHARGE $48.75 100 RECURRING $4,875.00

OVERAGE ENTERPRISE LICENSE
ANNUAL CHARGE $48.75 USAGE $0.00

HARDWARE SUPPORT &
MAINTENANCE $5,179.14 1 RECURRING $5,179.14
*RDT + CAMERA $1,634.25 12 ONE-TIME $19,611.00

IMPLEMENTATION SERVICES
PREPAID HOURS $168.75 31 ONE-TIME $5,231.25
HARDWARE S&H $183.72 1 ONE-TIME $183.72

ABCDEFGHIJKLMNOPQRSTUVWXYZ TIMECLOCK PLUS,
LLC
1 TIMECLOCK DRIVE
SAN ANGELO, TX 76904
QUOTE # : Q033574
CONTRACT START DATE : 09/04/2024
41 of 139
[email protected] +1 (325) 223-9500 www.tcpsoftware.com

Page 2 of 2 ends

SUBTOTAL $47,009.61
TAXES $2,816.22
GRAND TOTAL $49,825.83
QUOTE EXPIRATION DATE : 09/06/2024

CURRENCY USD
SPECIAL TERMS:

SERVICE TERMS & CONDITIONS
TimeClock Plus, LLC ("TCP"), a Delaware limited liability company, will provide Client and its authorized Employees and Users access to the Services during the Initial Service Term in accordance with the complete terms and conditions (collectively the "Licensing Agreement") found at:
https://www.tcpsoftware.com/legal
TCP reserves the right to modify the Licensing Agreement at TCP’s sole discretion provided that changes shall not materially decrease the Services features and functionalities that Client has subscribed to during the then-current term. Should TCP make any modifications to the Licensing Agreement, TCP will post the amended terms on the applicable URL link and will update the "Last Updated Date" within such documents to notify Client of said changes.

This Order
Form is entered into as of the Contract Start Date contained herein (the "Effective Date") by and between TimeClock Plus, LLC and the entity named in the Bill To section herein (the "Client"), and is subject to the Licensing Agreement. In the event of any conflict between the Order Form and the Terms and Conditions (as applicable), the terms of the Order Form shall control.

Client shall
pay all fees or charges in accordance with those outlined on the Order Form. Except for cases of TCP breach, all fees are committed and non-cancelable during the term of the agreement.

The individuals executing this Agreement on behalf of each Party represent and warrant to the other Party that they are fully authorized and legally capable of executing this Agreement on behalf of such Party and that such execution is binding upon such Party.

Accepted by :

Client TimeClock Plus, LLC
By: By:

Name:
/clientSignature/
Name:
/tcpSignature/
Title:
/clientName/
Title:
/tcpName/
/clientTitle/ /tcpTitle/
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TCP Services Agreement | TCP 11.22.23 1

TCP Services Agreement
THIS T CP SERVICES AGREEMENT (the “ Agreement”) is entered into as of _________________ (“ Effective Date ”), by and between TimeClock Plus, LLC , a Delaware limited liability company with its principal office located at 1 Time Clock Drive, San Angelo, TX 76904 (“TCP”), and ______________________, with its principal office located at _________________________________________ (“Client”).

WHEREAS TCP and Client (the “ Parties”) desire to enter into this Agreement for the provision of hosted services by TCP to Client, as provided herein.

NOW, THEREFORE, in reliance on the mutual covenants , promises, representations, and agreements set forth herein, the Parties agree as follows:

1. Definitions.

1.1 “ Active License” means an Employee or Designated User that has not been marked as either terminated or suspended within TCP Services for whom Client is required to pay a fee under this Agreement.

1.2 “ Affiliate” means any parent or subsidiary corporation, and any corporation or other business entity controlling, controlled by, or under common control with a Party.

1.3 “ Biometric Data” means any information based on an individual’s retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry, which is used to identify an individual, regardless of how it is captured, converted, stored, or shared.

1.4 “ Client Data ” means all of Client’s data processed or stored by or transmitted to TCP in connection with the TCP Serv ices, including, without limitation, all Personal Data contained therein.

1.5 “ Designated User” means an individual Employee who is authorized by Client to access the administrative features of the TCP Services, and whose Personal Data may be processed or stored by or transmitted to TCP in connection with the TCP Services.

1.6 “ Employee” means Cl ient’s individual employee, manager, administrator, worker, consultant, substitute, or contractor.

1.7 “Hardware Support and Maintenance Agreement” means any agreement that extends services to current TimeClock Plus terminals, clocks, and biometric devices, and maintenance releases for related products purchased or licensed by the Client from TCP or a registered reseller, as applicable.

1.7 (a) “Initial One -Time Investment ” means the fees entitled “Initial One- Time Investment” in Exhibit “A” attached hereto payable [upon ____days from the date of this 43 of 139

TCP Services Agreement | TCP 11.22.23 2 Agreement]. Client shall pay an ongoing Annual Fee designated the “Ongoing Annual Investment” in Exhibit “ A.” The Ongoing Annual Investment shall be payable within 30 days from the date of this Agreement and 30 days following each anniversary date thereafter.

1.8 “ Initial Term” has the meaning set forth in Section 10.

1.9 “ Monthly License Fee” means TCP’s then current fees applicable for each of Client’s Active Licenses based on the aggregated Permissions to access and use the TCP Services measured over the course of each calendar month, as outlined on an invoice or Order Form. This fee may be prorated during the first month of the Initial Term and prorated for the last month of the Initial Term.

1.10 “ Order Form” means a written document, including, but not limited to, a TCP issued invoice, a TCP issued order form, or a Client issued purchase order, which has been mutually agreed upon and executed by the Parties for ordering products and/or services, and which expressly incorporates the terms of this Agreement.

1.11 “ Permissions” means the permission(s) granted to Client’s Employees to access features within TCP Services, as outlined on an invoice or Order Form.

Permissions are applied within the TCP Services by Client’s Designated Users.

1.12 “ Personal Data” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Employee or Designated User.

1.13 “ Privacy Policy” means TCP’s Global Data Privacy Policy located at https://www.tcpsoftware.com/legal, as updated from time to time.

1.14 “ Service Level Agreement” means the Service Level Agreement that serves as an addendum to this Agreement. The Service Level Agreement is located at https://www.tcpsoftware.com/legal, as updated from time to time.

1.15 “ Subprocessor” means any third-party entity that processes Personal Data on behalf of TCP and to which TCP discloses Personal Data for a business purpose pursuant to a written contract, provided that the contract prohibits such entity from retaining, using, or disclosing the Personal Data for any purpose other than for the specific purpose of performing the services identified in such contract.

1.16 “ Supported Hardware” means any hardware purchased or leased from TCP that is coverable under a Hardware Support and Maintenance Agreement located at https://www.tcpsoftware.com/legal, as updated from time to time.

1.17 “ TCP Services” means the T CP software application(s) hosted by TCP in accordance with TCP’s then-current hosting environment, any associated documentation, and any ancillary services described in this Agreement or an Order Form, as more particularly described in Exhibit “B” attached hereto and by this reference made a part hereof.
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TCP Services Agreement | TCP 11.22.23 3

1.18 “ TCP Technology ” means the computer hardware, software, and other tangible equipment and intangible computer code contained therein used by TCP in the provision of the TCP Services.

1.19 “ Term” has the meaning set forth in Section 10.

1.20 “ Use Fees” means the fees set forth on the applicable invoice or Order Form, including, but not limited to, Monthly License Fees and Hardware Support and Maintenance Agreement Fees.

2. Delivery of Services.

2.1 TCP Services. Subject to the terms and conditions of this Agreement and the Privacy Policy, TCP grants to Client, its Affiliates and their Designated Users a limited, non-transferable (except in compliance with Section 22), nonexclusive right and subscription license to access and use the TCP Services during the Term only for the internal business purposes of processing, storing, and maintaining Client Data. TCP shall provide to Client the TCP Services during the Term in accordance with the terms and conditions of this Agreement, the Privacy Policy, the Service Level Agreement , the Hardware Support and Maintenance Agreement (if applicable), and any additional terms outlined in an Order Form.

2.1.1 Terms of Service. The TCP Services shall be provided as follows: (a) the Initial Phase shall be provided within _____ weeks from the date of this Agreement; (b) the Discovery Phase shall be provided within _____weeks from the date of this Agreement; (c) The Planning Phase shall be provided within ____ weeks from the date of this Agreement; (d) The Delivery Phase shall be provided within ____ weeks from the date of this Agreement; and (e) the Transition Phase shall be completed within ____ weeks from the date of this Agreement.

2.2 Client Responsibilities. Client’s use of the TCP Services is subject to the terms of this Agreement, the Privacy Policy, the Service Level Agreement, the Hardware Support and Maintenance Agreement (if applicable), and any additional terms outlined in an Order Form . T he aforementio ned documents are available to view at http://www.tcpsoftware.com/legal.

2.2.1 Access. Client is responsible for maintaining the confidentiality of Client’s account and password and for restricting access to its computer systems, and Client agrees to accept responsibility for all activities that occur under Client’s account or password, including but not limited to any acts or omissions by Designated Users. Client shall inform each Designated User of the terms and conditions governing such Designated User’s use of the TCP Services as set forth herein and shall cause each Designated User to comply with such terms and conditions.

2.2.2 Restrictions on Use. Client acknowledges and agrees that Client will not use the TCP Services for the benefit of any third party. Client agrees not to, not to attempt to, nor allow any third party to: (i) use the TCP Services in any manner that could damage, disable, overburden, or impair TCP’s servers or networks or interfere with any 45 of 139

TCP Services Agreement | TCP 11.22.23 4 other party’s use and enjoyment of the TCP Services; (ii) attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means; (iii) copy, distribute, rent, lease, lend, sublicense, transfer the TCP Services, make the TCP Services available to any third party, or use the TCP Services on a service bureau or time sharing basis, (iv) decompile, reverse engineer, or disassemble the TCP Services or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, or programming interfaces of the TCP Services, (v) create derivative works based on the TCP Services; (vi) modify, remove, or obscure any copyright, trademark, patent , or other notices or legends that appear on the TCP Services or during the use and operation thereof; (vii) publicly disseminate performance information or analysis (including benchmarks) relating to the TCP Services; or (viii) use the TCP Services in a manner which violates or infringes any laws, rules, regulations, third party intellectual property rights, or third party privacy rights.

Client may not use any automated means, including agents, robots, scripts, or spiders to access or manage the TCP Services, except solely to the extent as may be specifically enabled and authorized by TCP in writing. TCP may take any legal and technical measures to prevent the violation of this provision and to enforce this Agreement.

2.3 Third Party Services.

2.3.1 Client may require the TCP Services to interoperate with platforms or other online services operated by third parties (“Third-Party Platforms”) pursuant to an agreement between TCP and the operators of such Third-Party Platforms, an agreement between Client and the operators of such Third- Party Platforms, or through application programming interfaces (“APIs”) or other means of interoperability which are generally made available by such operators.

2.3.2 As applicable, Client hereby grants TCP the limited right to access such Third- Party Platforms with Client’s credentials and on behalf of the Cl ient in connection with the performance of the TCP Services. Client acknowledges and agrees that TCP’s agreements with the operators of such Third- Party Platforms and the terms governing the use of APIs may be modified, suspended, or terminated at any tim e, and TCP shall have no liability with respect to any such modification, suspension, or termination. Client is responsible for ensuring that its use of the TCP Services in connection with any Third- Party Platform, and TCP’s access to such Third- Party Platforms on Client’s behalf, complies with all agreements and terms applicable to such Third-Party Platform.

2.4 Client Data. Intentionally Omitted.

2.4.2 Restrictions on TCP’s Processing of Client Data. TCP is expressly prohibited from processing any Client Data for any purpose other than for the specific purpose of performing the TCP Services unless requested by Client or required by applicable law. TCP is prohibited from selling Personal Data under any circumstances and for any purpose. No other collection, use, disclosure, or transfer (except to Subprocessors in accordance with Section 22) of Client Data is permitted without Client's 46 of 139

TCP Services Agreement | TCP 11.22.23 5 express prior written instruction. TCP acknowledges and agrees that it understands and will comply with each of the restrictions and obligations set forth in this Section 2.4.2.

2.4.3 Subprocessors. TCP has appointed Subprocessors for the purpose of providing data hosting and security services. Client acknowledges and agrees that Subprocessors may process Client Data in accordance with the terms of this Agreement, the Privacy Policy and any Order Form. TCP’s agreements with its Subprocessors impose data protection-related processing terms on such Subprocessors that are no less protective than the terms imposed on TCP in this Agreement and the Privacy Policy. The Privacy Policy contains an overview of the categories of Subprocessors involved in the performance of the relevant TCP Services. The appointment of a Subprocessor to perform part or all the TCP Services hereunder shall not relieve TCP of any liability under this Agreement.

3. Data Security.

3.1 Security Standards.

3.1.1 TCP shall implement reasonable security procedures consistent with industry standards to protect Client Data from unauthorized access, including without limitation (i) industry -standard encryption of data at rest within TCP’s data centers; (ii) web application firewalls; (iii) virus detection and anti -virus software; (iv) authentication techniques, such as user names and passwords, or authorization formats, which limit access to particular TCP personnel; and (v) additional security controls consistent with SOC 2 Type II reporting standards.

3.1.2 The Parties shall implement administrative, technical and physical security procedures consistent with industry standards and applicable data protection laws to protect Client Data from unauthorized access, including by adopting access policies that prevent the internal sharing or inadvertent communication of login credentials.

3.1.3 Client is responsible for reviewing the information made available by TCP relating to data security and making an independent determination as to whether the TCP Services meet Client’s requirements and obligations under applicable data protection laws. Client acknowledges that data security measures taken by TCP are subject to technical progress and development and TCP may update or modify such security measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the TCP Services.

3.2 Security Breach Notifications . TCP will promptly report to Client any unauthorized access to Client Data within TCP’s or its Subprocessors’ systems upon discovery and in accordance with applicable data breach notifi cation laws. TCP will use diligent efforts to promptly remedy any breach of security that permitted such unauthorized access. TCP’s notification of or response to any security incident under this Section 3.2 shall not be construed as an acknowledgment by TCP of any fault or liability with respect to such security incident.
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TCP Services Agreement | TCP 11.22.23 6

3.3 Data Backup and Retention. TCP shall undertake commercially reasonable efforts to backup Client Data with a restore point objective of twenty -four (24) hours.

Client Data shall be backed up and retained in accordance with TCP’s retention policy as set forth in the Privacy Policy.

4. Data Privacy. TCP will process Employee Personal Data in accordance with the terms of this Agreement, the Privacy Policy and all applicable data protection laws. Client must maintain its own data collection, disclosure, retention, and storage policies in compliance with applicable law.

Intentionally Omitted.4.2 Requests. Client agrees to adopt a commercially reasonable policy for managing data requests from Designated Users and Employees, which policy shall safeguard the rights of such data subjects and respect the original purpose of such data collection. Client, as the Party which determines the means and purposes for processing Client Data, shall be responsible for receiving, investigating, documenting, and responding to all Designated User and Employee requests for inspection or erasure of Personal Data.

4.3 Assistance . If Client receives a request from a Designated User or Employee to exercise such individual’s rights under applicable data protection laws, and Client requires TCP’s assistance to respond to such request in accordance with applicable data protection laws, TCP shall assist the Client by providing any necessary information and documentation that is under TCP’s control. TCP shall be given reasonable time to assist the Client with such requests in accordance with applicable law.

4.4 Client’s Privacy Policy . Where required by law, Client agrees to adopt a privacy policy in alignment with this Agreement and all applicable laws governing the collection, use, transfer and retention of Personal Data. Client agrees to provide TCP, upon reasonable request, Client’s adopted privacy policy.

5. Confidential Information.

5.1 Each Party (the “Receiving Party”) acknowledges that it will have access to certain confidential information of the other Party (the “ Disclosing Party”) concerning the Disclosing Party’s business, plans, customers, software, technology and products, other information held in confidence by the Disclosing Party, and Personal Data. In addition, a Disclosing Party’s confidential information will include (i) all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential, and (ii) the TCP Technology and related algorithms, logic, design, specifications, and coding methodology, and to the extent permitted by law, the terms and conditions of this Agreement, but not its existence (all of the foregoing being referred to as “ Confidential Information”).

5.2 The Receiving Party agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, this Agreement, nor disclose to any third party (except as 48 of 139

TCP Services Agreement | TCP 11.22.23 7 required by law or to that party’s attorneys, accountants and other advisors as reasonably necessary), any of the Disclosing Party’s Confidential Information, and will take reasonable precautions to protect the confidentiality of such Confidential Information in at least the same manner as is necessary to protect its own Confidential Information and in accordance with applicable data protection laws. To the extent that the Receiving Party is permitted to retransmit any Confidential Information it receives from the Disclosing Party, the mode of retransmission must be at least as secure as the mode by which the Disclosing Party transmitted the Confidential Information to the Receiving Party.

5.3 Information will not be deemed Confidential Information hereunder if such information: (i) is known to the Receiving Party prior to receipt from the Disclosing Party, whether directly or indirectly, from a source other than one having an obligation of confidentiality to the Disclosing Party; (ii) becomes known (independently of disclosure by the Disclosing Party) to the Receiving Party, whether directly or indirectly, from a source other than one having an obligation of confidentiality to the Disclosing Party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the Receiving Party; or (iv) is independently developed by the Receiving Party without use of or reference to the Confidential Information.

6. Cooperation With Authorities. If Client is requested to disclose all or any part of any Confidential Information under a subpoena or inquiry issued by a court of competent jurisdiction or by a judicial or administrative agency or legislative body or committee (collectively, the “Subpoena”) , the Client shall ( provide written notice to TCP of the Subpoena who shall immediately thereafter either authorize the release of the information required by the Subpoena or take legal action to quash the Subpoena at TCP’s sole cost and expense. If TCP fails to quash the Subpoena, the Client is hereby authorized to release the Confidential Information. The foregoing restriction on release of Confidential Information in addition to being subject to the demands of a Subpoena, shall also be subject to the California Public Records Act (California Government Code Section 7920.000 et seq )(the “PRA”) and the Client is hereby authorized to release any and all Confidential Information in compliance with the PRA.

7. Supplemental Services; Master Agreement.

7.1 TCP may provide to Client supplemental services in accordance with a Statement of Work or a separate services agreement.

7.2 Client may elect to purchase additional products and services via Order Forms from time to time. The Parties agree that this Agreement is a master agreement such that additional transactions, excluding leased hardware, will be governed by the terms and conditions hereof. Pricing for additional transactions shall be in accordance with TCP’s then -current pricing schedule. Client agrees that absent TCP’s express written acceptance thereof indicated by execution by an officer of TCP, the terms and conditions contained in any purchase order or other document issued by Client to TCP for the purchase of additional services, shall not be binding on TCP to the extent that such terms and conditions are additional to or inconsistent with those contained in this Agreement.
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TCP Services Agreement | TCP 11.22.23 8

7.3 Hardware purchased from TCP and incorporated into TCP Services requires the purchase of a Hardware Support and Maintenance Agreement, which shall be renewed for the term of this Agreement.

8. Use Fees.

8.1 In consideration for the performance of the TCP Services, Client shall pay TCP the Use Fees. During the Term, Client will be billed in advance an amount equal to charges as indicated in the applicable invoice or Order Form. All other charges for TCP Services received and expenses incurred during a month will be billed at the end of the month in which the TCP Services were provided. Payment by Client for all Use Fees is due upon receipt of each TCP invoice, and in no event shall such payment be received by TCP later than thirty (30) days after the invoice, except in cases where a Net Terms Agreement has been authorized by TCP. All payments will be made to TCP in U.S. dollars.

8.2 TCP Services charges will be equal to the number of total Active Licenses multiplied by the Monthly License Fee which is based on the aggregated Permissions for each Active License. Client is responsible for Monthly License Fees for the maximum number of Active Licenses during any calendar month. Client may add additional Employees, Designated Users and Permissions as desired each month by paying the Monthly License Fees on the next billing cycle. Client agrees to promptly update the status in the TCP Services for any Active License which has been terminated or suspended.

8.3 Employees and Designated Users added at any time during a calendar month will be charged in full for that billing period. Because Client is billed in advance for TCP Services, if Client increases its Active License count or increases Permissions during a calendar month, Client will receive an invoice reflecting the increased Active License count with overage charges incurred from the previous month and prorated over the number of months remaining in the Term.

8.4 Hardware Support and Maintenance charges will be equal to the percentage set forth in the applicable Hardware Support and Maintenance Agreement multiplied by the total purchase price of the Supported Hardware.

8.5 Except as set forth in Section 8.6 of this Agreement, after the first anniversary of this Agreement, T CP may increase the Use Fees at any time effective thirty (30) days after providing notice to Client; provided, however, that any such increase will not occur more than once in a consecutive twelve (12) month period.

8.6 Client may prepay greater than one (1) year with TCP Services and, in doing so, suspend any increase in Use Fees until expiration of the Initial Term. After the Initial Term, TCP may increase the Use Fees by no more than 10% at any time effective thirty (30) days after providing notice to Client; provided, however, that any such increase will not occur more than once in a consecutive twelve (12) month period. 50 of 139

TCP Services Agreement | TCP 11.22.23 9

9. Taxes. As applicable, Client shall, in addition to the other amounts payable under this Agreement, pay all sales, use, value added or other taxes, whether federal, state or local, however named, arising out of the transactions contemplated by this Agreement, except that Client shall not be liable for taxes based on TCP’s aggregate income.

10. Term; Guaranteed Payment. This Agreement commences on the Effective Date and, unless terminated earlier in accordance with Section 11, will remain in effect for 60 months (“Initial Term”). Client shall have the option to renew the term for an additional 60 months on the same terms and conditions as described herein upon written notification to TCP of the exercise of its Option prior to the end of the existing term. For avoidance of doubt, except as otherwise set forth in the terms and conditions of this Agreement, all fees mutually agreed to in an Order Form are committed and non-cancelable.

11. Termination for Cause or Convenience. A Party may terminate this Agreement for cause if (i) the other Party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, or in the case of failure t o pay Use Fees, thirty (30) days; (ii) the other Party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors; or (iii) the other Party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, and such petition or proceeding is not dismissed within sixty (60) days of filing. Notwithstanding the foregoing, either party may terminate this Agreement at any time by 60 days prior written notice to the other and, in that event, if the terminating party is the Client, TCP shall be entitled to that portion of its compensation earned through the date of termination. Additionally, if a material breach by Client, or TCP, by its nature, cannot be cured, the non-defaulting party may terminate this Agreement immediately.

12. Effect of Termination. Without prejudice to any right or remedy of a Party with respect to the other Party’s breach hereunder, upon the effective date of any termination of this Agreement:

12.1 TCP’s obligation to provide the TCP Services shall immediately terminate;

12.2 after such termination and upon Client’s reasonable request, no later than thirty (30) days from termination, TCP shall provide Client Data to Client in a SQL database file format; and

12.3 within thirty (30) days of such termination, each Party will destroy or return all additional Confidential Information of the other Party in its possession and will not make or retain any copies of such Confidential Information except as required to comply with any applicable legal or accounting record keeping requirement.

13. Intellectual Property Ownership. Subject to the limited rights expressly granted hereunder, TCP reserves all right, title, and interests in and to the TCP Services and TCP Technology, including all intellectual property rights embodied therein, which shall remain the sole and exclusive property of TCP or its licensors. No rights are granted to Client 51 of 139

TCP Services Agreement | TCP 11.22.23 10 hereunder other than as expressly set forth herein. This Agreement does not transfer from TCP to Client any ownership interest in the TCP Services or TCP Technology and does not transfer from Client to TCP any ownership interest in Client Data.

14. Client Representations and Warranties.

14.1 Client represents and warrants that (i) it has the legal right to enter into this Agreement and perform its obligations hereunder, and (ii) the performance of Client’s obligations and use of the TCP Services by Client, will not violate any applicable laws, including all applicable domestic and international data protection laws, or cause a breach of duty to any third party, including Employees.

Intentionally Omitted. Intentionally Omitted.14.4 In the event of any breach of any of the foregoing representations or warranties in this Section 14, in addition to any other remedies available at law or in equity, TCP will have the right to suspend immediately any TCP Services if deemed reasonably necessary by TCP to prevent any harm to TCP and its business. TCP will provide notice to Client and an opportunity to cure, if practicable, depending on the nature of the breach. Once cured, TCP will promptly restore the TCP Services.

15. TCP Representations and Warranties . TCP represents and warrants that (i) it has the legal right to enter into this Agreement and perform its obligations hereunder, (ii) the performance of its obligations and delivery of the TCP Services to Client will not violate any applicable laws or regulations of the United States or cause a breach of any agreements between TCP and any third parties, (iii) that TCP is duly organized, validly existing, and in good standing under the laws of the State of Delaware and is registered to do business in the State of California, and (iv) no attachments or execution proceedings and no assignments for the benefit of creditors or insolvency, bankruptcy, reorganization or other proceedings are pending against TCP, or, to TCP’s knowledge, threatened against TCP, or concerning all or part of the Property, nor are any such proceedings contemplated by TCP.

Intentionally Omitted.17. Limited Warranty . TCP represents and warrants that the TCP Services and related products, as described with this Agreement, will perform in accordance with all TCP published documentation, contract documents, contractor marketing literature, and any other communications attached to or referenced in this Agreement and that the TCP Services will be free of errors and defects that materially affect the performance of the TCP Services (“ Limited Warranty ”). Client’s sole and exclusive remedy for breach of the Limited Warranty shall be the prompt correction of non-conforming TCP Services at TCP’s expense.

18. Warranty Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 17 (LIMITED WARRANTY), THE TCP SERVICES ARE PROVIDED BY TCP ON AN “AS IS” BASIS, AND CLIENT’S USE OF THE TCP SERVICES IS AT CLIENT’S OWN RISK. TCP AND ITS SUPPLIERS DO NOT MAKE,

AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED

WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A 52 of 139

TCP Services Agreement | TCP 11.22.23 11

PARTICULAR PURPOSE, AGAINST HIDDEN DEFECTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. TCP

DOES NOT WARRANT THAT THE TCP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NOTHING STATED OR IMPLIED BY TCP WHETHER THROUGH THE TCP SERVICES OR OTHERWISE SHOULD BE CONSIDERED LEGAL COUNSEL.

TCP HAS NO RESPONSIBILITY TO NOTIFY CLIENT OF ANY CHANGES IN THE LAW THAT MAY AFFECT USE OF THE TCP SERVICES. ANY ORAL STATEMENT OR

IMPLICATION BY ANY PERSON CONTRADICTING THE FOREGOING IS UNAUTHORIZED AND SHALL NOT BE BINDING ON TCP. CLIENT ACKNOWLEDGES THAT IN ENTERING INTO THIS AGREEMENT, CLIENT HAS RELIED UPON CLIENT’S

OWN EXPERIENCE, SKILL AND JUDGMENT TO EVALUATE THE TCP SERVICES

AND THAT CLIENT HAS SATISFIED ITSELF AS TO THE SUITABILITY OF SUCH SERVICES TO MEET CLIENT’S BUSINESS AND LEGAL REQUIREMENTS.

19. Indemnification.

Intentionally Omitted.

19.2 TCP shall indemnify, defend and hold harmless at TCP’s sole cost and expense Client from and against any lawsuit, liability, loss, cost or expense actually incurred or suffered by Client and any penalty, damages, attorney’s fees or costs, associated with response to any Subpoena or PRA request where authorization to release the Confidential Information is not received from TCP to the extent caused by or resulting from a third-party claim made against Client that the TCP Technology infringes on any U.S. intellectual property right of a third party; provided, however, that TCP is notified in writing of such claim promptly after such claim is made upon Client. TCP shall have the right to control any defense provided pursuant to this Section 19.1. In no event shall Client settle any such claim without TCP’s prior written approval. If such a claim is made or if the TCP Technology, in TCP’s opinion, is likely to become subject to such a claim, TCP may, at its option and expense, either (i) procure the right to continue using the TCP Technology or portion thereof, or (ii) replace or modify the TCP Technology or portion thereof so that it becomes non-infringing. If TCP determines that neither alternative is reasonably practicable, TCP may terminate this Agreement with respect to the portion of the TCP Technology infringing or alleged to infringe. TCP shall have no liability or obligation under this Section 19.1 if the claim arises from (i) any alteration or modification to the TCP Technology other than by TCP, (ii) any combination of the TCP Technology with other programs or data not furnished by TCP, or (iii) any use of the TCP Technology prohibited by this Agreement or otherwise outside the scope of use for which the TCP Techno

19.3. Without limiting TCP’s obligations under Paragraph 19.2 of this Agreement, TCP shall obtain and maintain during the life of this Agreement:

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TCP Services Agreement | TCP 11.22.23 12 (a) Comprehensive general liability insurance coverage, including premises – operations, products/completed operations, broad form property damage and blanket contractual liability, in an amount not less than $1 million per occurrence and automobile liability for owned, hired, and non-owned vehicles; (b) Such workers compensation insurance as required by statute.

TCP shall provide Client with appropriate certificates of insurance and endorsements for all of the foregoing in which Client, its officers, Councilpersons, Commissioners, employees, and agents are named as additional insureds and specifically designating all such insurance as "primary and providing further that same shall not be terminated nor coverage reduced without ten days prior written notice to Client. logy is intended.

20. Intentionally Omitted.21. Notices.

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, (b) when delivered by United States Mail, Postage Prepaid, Registered or Certified Mail, Return Receipt Requested, with the date of signing (or refusal to sign) the Return Receipt deemed the date of service, (c) two (2) 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:

To TCP:

Fax – ________________
Email – ______________

To Client: City of Wasco
Attn: City Manager
746 Eighth Street
Wasco, CA 93280
Fax – 661-758-5411
Email – [email protected]

Any party or person named herein may change its address by providing notice of same in the manner herein described. Any notice or other communication under this Agreement may be given on behalf of a party by the attorney for such party.

22. Assignment. This Agreement shall not be assigned by either Party without the prior written consent of the other Party, which shall not be unreasonably withheld or 54 of 139

TCP Services Agreement | TCP 11.22.23 13 delayed. This Agreement shall bind and inure to the benefit of the Parties and their respective successors and permitted assigns.

23. Continuing Obligations. Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in ful l force and effect in accordance with their terms notwithstanding the expiration or termination hereof, such clauses to include the following: (i) any and all warranty disclaimers, limitations on or limitations of liability and indemnities granted by either Party herein; (ii) any terms relating to the ownership or protection of intellectual property rights or Confidential Information of either Party, or any remedy for breach thereof; and (iii) the payment of taxes, duties, or any money to either Party hereunder.

24. Intentionally Omitted.

25. Intentionally Omitted.26. Intentionally Omitted.27. Waiver of Jury Trial .

EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST

EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL

BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR

COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT,

INCLUDING ANY EXHIBITS, SCHEDULES, AND APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY

CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE

OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE

OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE

EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS

WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT

HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 27.

28. Class Action Waiver . THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY

CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN

ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS

PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF

LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH

PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES

OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR

OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

29. Applicable Law; Jurisdiction; Limitations Period. This Agreement shall be construed under the laws of the State of Cali fornia, without regard to its principles of conflicts of law.
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TCP Services Agreement | TCP 11.22.23 14

30. Counterparts; Facsimile Signatures. This Agreement may be executed in multiple counterparts, each of which, when executed and delivered, shall be deemed an original, but all of which shall constitute one and the same instrument. Any signature page of any such counterpart, or any email transmission thereof, may be attached or appended to any other counterpart to complete a fully executed counterpart of this Agreement, and any email transmission of any signature of a Party shall be deemed an original and shall bind such Party.

31. Miscellaneous. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement and merges all prior communications, understandings, and agreements. This Agreement may be modified only by a written agreement signed by the Parties. The failure of either Party to enforce any of the provisions hereof at any time shall not be a waiver of such provision, any other provision, or of the right of such Party thereafter to enforce any provision hereof.

If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect and be construed and enforced as if such provision had no t been included or had been modified as above provided. The captions appearing in this Agreement are for convenience only, are not part of this Agreement, and shall not be considered in interpreting this Agreement . In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and actual costs.

[Signature Page Follows]

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TCP Services Agreement | TCP 11.22.23 15

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TCP Services Agreement | TCP 11.22.23 16

Accepted by:

Client TimeClock Plus, LLC
By:

By:

Name:

M. Scott Hurlbert Name:

Title:

City Manager Title:

EXHIBIT “A”
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TCP Services Agreement | TCP 11.22.23 17 [Pricing & Return on Investment]

EXHIBIT “B”
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TCP Services Agreement | TCP 11.22.23 18 [Implementation Scope of Work]

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TCP Hardware Support and Maintenance Agreement - Addendum | TCP 6.13.24 1 Ti
meClock Plus
Hardware Support and Maintenance Agreement - Addendum
T
his Hardware Support and Maintenance Agreement is an addendum to the Master Licensing Agreement or Perpetual Licensing Agreement – EULA, hereafter referred to as the “Licensing Agreement”, made and entered into by and between TimeClock Plus, LLC (“TCP”) and Client. TCP reserves the right to continuously improve the Hardware Support and Maintenance Services and to adapt such Services to changes in technology and to TCP’s business environment. Solely for these purposes, TCP reserves the right to modify, elaborate, remove or add to some or all of the provisions of these Hardware Support and Maintenance Agreement terms at TCP’s sole discretion and without further notice, provided that any such improvement or adaptation shall not result in a diminution of the overall level of service. Services shall be provided in accordance with TCP’s then current Support Level Agreement (“SLA”), located at
https://www.timeclockplus.com/agreements/sla.

1. Te
rm. Services provided under this Hardware Support and Maintenance Agreement shall commence on the date of purchase and shall continue for one (1) year from the date of purchase (“Initial Term”), and then shall automatically renew for subsequent one (1) year terms thereafter, unless either Party gives written notice of non- renewal at least ninety (90) days prior to the end of the then current term (the Initial Term and subsequent renewal terms being referred to as the “Term”).

2. Supported Hardware. All hardware purchased by Client from TCP for which Client has paid a fee for support and maintenance shall be considered Supported Hardware under the terms of this Hardware Support and Maintenance Agreement.

3. Incident. An Incident is defined as a single support issue with a TCP hardware product and the reasonable effort needed to resolve it. A single support Incident is a problem that cannot be broken down into subordinate parts. It is possible for one Incident to span multiple telephone calls and multiple emails; it is also possible for one telephone call to include multiple Incidents.

4. Support S ervices. TCP support technicians shall aid in the resolution of hardware support requests in a timely and professional manner. TCP will assist with issues related only to the Supported Hardware. Upon notification of an Incident, an Incident number will be issued, and the Incident number will remain effective and open until satisfactory resolution of the cause of the Incident, or 5 business days without a Client communication, after which the Incident number will be closed.
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TCP Hardware Support and Maintenance Agreement - Addendum | TCP 6.13.24 2

5. Maintenance Services. During the term, should a defect in materials or workmanship be identified on supported hardware (“Defective Hardware”), TCP will incur expense to promptly ship Client a comparable hardware device of like kind with the functional equivalent of the Defective Hardware (“Replacement Hardware”) to arrive at Client’s specified location. Cost to ship replacement hardware outside the United States is the responsibility of Client.

6. Return of Defective Hardware. Upon replacement of Defective Hardware, Client’s Defective Hardware shall become the property of TCP and the Replacement Hardware shall become Client’s property. Instructions and a return label for return of the Defective Hardware will be included in the packaging of the Replacement Hardware or can be provided upon request. Client shall properly package the shipment when returning the Defective Hardware. The Defective Hardware must be returned to TCP within 14 days of receiving the Replacement Hardware. Should Client fail to return the Defective Hardware, Client agrees to pay TCP the Manufacturer’s Suggested Retail Price (“MSRP”) of the Defective Hardware. Additionally, Client’s ability to request Maintenance Services on any other supported hardware will be suspended until the Defective Hardware is returned to TCP or Client pays TCP the MSRP of the Defective Hardware.

7. Additional Products .

If during the Term, Client purchases additional hardware products, this Hardware Support and Maintenance Agreement is amended to include Services for such additional hardware products. The annual fee for such additional hardware products shall be charged at the time of purchase and shall be prorated so that the term of such additional product coverage will expire at the end of the Term.

8. Limitations.

8.1. Support Services. Support Services are limited to hardware troubleshooting and hardware configurations as described in the TimeClock Plus product documentation.

This Hardware Support and Maintenance Agreement does not cover inquiries on legal time keeping compliance nor does it include in- depth product training. Support Services extend only to platforms and operating environments specified by TCP. TCP is not responsible for int egration or configuration with third- party software, hardware, or operating environments except as allowed by the Licensing Agreement and the products purchased from TCP. Client is entitled to an unlimited number of support Incidents during the Term.

8.2. Maintenance Services. Maintenance Services does not cover (a) damage caused by accident, abuse, misuse, liquid contact, fire, earthquake, other external causes, or operating covered hardware outside its intended or permitted use; (b) hardware with a serial number that has been defaced, altered, removed, or modified without written permission from TCP; (c) hardware that has been lost or stolen; (d) cosmetic damage including but not limited to scratches, dents, and broken plastics or ports; (e) consumable parts such as batteries; (f) preventative maintenance; or (g) defects caused by normal wear and tear or otherwise normal aging of product. 62 of 139
TCP Hardware Support and Maintenance Agreement - Addendum | TCP 6.13.24 3

9. Services Requests. Requests for Services are made by Client to TCP via support portal located at https://timeclockplus.force.com/TCPSupport/s/ . The Client shall provide a reasonable amount of information and assistance related to the Incident for verification and resolution of the Incident. When requesting Replacement Hardware, Client must provide TCP with the serial number of Defective Hardware in question, the problem, the context in which the problem was encountered, a description of the system configuration, the steps necessary to generate or reproduce the problem, and the address TCP will use to ship the Replacement Hardware. Failure to provide reasonable information or assistance may result failure to resolve the Incident.

10. Miscellaneous. This Hardware Support and Maintenance Agreement is not transferable. With the exception of the Licensing Agreement, this Hardware Support and Maintenance Agreement supersedes all other written and oral proposals, purchase orders, prior agreements, and other communications between Client and TCP concerning the subject matter of this Hardware Support and Maintenance Agreement, and along with the documents referenced herein constitutes the entire agreement between TCP and Client regarding provision of Support and Maintenance Services. A Hardware Support and Maintenance Agreement does not constitute a certification or warranty, express or implied of any kind. TCP’s obligations and responsibilities regarding product warranties are governed solely by the Licensing Agreement under which they are sold or licensed. 63 of 139

Time & Attendance and Employee
Scheduling Proposal for
City of Wasco
Chance Johnson, Mid Market Account Executive
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August 21, 2024

Isarel Isperez
City of Wasco
764 E Street
Wasco, California, 93280

RE: TCP Software proposal
Dear Isarel Isperez,

Based on our mutual level of understanding up to this point, we both have reason to believe that TCP Software can help City of Wasco address several critical challenges that the organization is facing. These include:

• Outdated, unscalable manual processes that drive poor employee experiences • Maintaining compliance with union rules, labor laws, and agency policies • Controlling costs and keeping budgets on track
• Creating, maintaining, and communicating schedules across departments • Complex, 24/7 rotational scheduling
• Tracking availability, certifications, and expirations

TCP is the world’s singular authority and innovator on time and attendance solutions. Purpose-built to suit the needs of schools and districts, only TCP’s best-of-breed solutions embed the deep expertise and operational rigor required to ensure time integrity. With TCP, government & public safety can finally tame the hidden chaos caused by the growing complexities of a rapidly changing world of work and get time right, every time.

TCP’s solutions are flexible, easy to integrate, and highly configurable to meet government & public safety- specific needs. We also proudly provide industry-leading support and services that offer your team true partnership, personalized implementations, and always-available customer support. Best of all, TCP literally pays for itself, generating 1. x ROI for $46,867 within just the first year.

Should you have any questions about our response or require further information, do not hesitate to contact me directly. We look forward to collaborating with you.

Sincerely,

Chance Johnson
Mid Market Account Executive
(325) 657 6275 | [email protected]

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©2024 TimeClock Plus, LLC (TCP Software) | www.tcpsoftware.com

Table of Contents
• Solution Requirements
o Identified Challenges
• Implementation Scope of Work (SOW)
• Pricing
• Return on Investment
• TCP Software CA Clients
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City of Wasco Solution Requirements
Here is a breakdown of the key solution requirements you have shared with our team, along with a description of how TCP Software addresses each challenge.

Identified Challenges:

• Outdated, unscalable manual processes that drive poor employee experiences o TimeClock Plus helps maintain compliance by automating time tracking and scheduling, ensuring adherence to union rules, labor laws, and agency policies, which reduces legal risks, improves employee relations, and enhances overall operational efficiency.

• Maintaining compliance with union rules, labor laws, and agency policies o TimeClock Plus ensures compliance with union rules, labor laws, and agency policies through automated time tracking, robust reporting capabilities, and customizable workflows that enforce rules consistently across all departments.

• Controlling costs and keeping budgets on track
o TimeClock Plus and Humanity helps the City of Wasco control costs and keep budgets on track by providing accurate time and attendance data, enabling efficient labor management, and facilitating budget forecasting based on real-time insights.

• Creating, maintaining, and communicating schedules across departments o Humanity streamlines the scheduling process for the City of Wasco's police department by centralizing schedule creation, maintenance, and communication, reducing inefficiencies and confusion, and preventing staffing shortages and operational disruptions.

• Complex, 24/7 rotational scheduling
o Humanity simplifies the management of complex 24/7 rotational scheduling for the City of Wasco's police department by automating schedule creation, ensuring consistent coverage, and helping manage employee fatigue more effectively.

• Tracking availability, certifications, and expirations o Humanity helps the City of Wasco's police department by automating the tracking of availability, certifications, and expirations, reducing the risk of understaffing, ensuring compliance, and preventing operational disruptions.

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Implementation Scope of Work (SOW)

The TCP Professional Services team brings deep consulting, industry, technological, compliance, and solution design experience to each customer engagement. We leverage our experience across thousands of implementations to deliver transformative business outcomes and tame the chaos of time & attendance and employee scheduling.

We strive to be each customer’s trusted advisor by supporting organizational needs for coordination, integration, and communication.

MEET YOUR ENTERPRISE SERVICES SPECIALIST (ESS)
Jake Young, Enterprise Services Specialist for TCP Software

As your ESS, Jake partners closely with your account executive to facilitate a comprehensive implementation and services plan matched to your needs and requirements. With over seven years of experience at TCP, Jake brings a wealth of expertise in enterprise implementations, integrations, and configurations and has successfully supported customers with over 29,000 employees.

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Pricing & Return on Investment
TCP Software is pleased to present the City of Wasco with the following proposal. You have access to special pricing through the OMNIA Partners purchasing cooperative. This partnership not only offers competitive pricing but also allows your organization to leverage a thoroughly vetted RFP, ensuring that a high level of due diligence has been achieved on your behalf.

Ongoing Annual Investment
TimeClock Plus Government & Public Safety Package (100) Humanity Government & Public Safety Package (36)
Hardware Support & Maintenance
$4,875.00
$1,755.00
$5,179.14
Initial One-Time Investment
RDT + Camera(12)
Univ RFID Reader(12)
Shipping & Handling
Implementation Services
$19,611.00
$9,162.00
$ 183.72
$6,243.75
Total Initial Investment
Total Initial Investment $47,009.61

Special Terms
• Contract Length: 60 Months
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$ 0
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$ 200,000
$ 250,000
Year 1 Year 2 Year 3 Year 4 Year 5
Annual Investment
Annual Company Cost Cost of TCP
$ 0
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$ 100,000
$ 150,000
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Year 1 Year 2 Year 3 Year 4 Year 5
Cost Savings: Annual & Over Time
Annual Savings Cumulative Savings Cumulative TCP Cost
Return on Investment Savings Calculator

City of Wasco
How much does manual time tracking and employee scheduling cost your organization?
More than you think. TCP puts those costs back in your budget and pays for itself many times over. Here’s a detailed breakdown showing how much less TCP costs than your current processes.

Return on Investment
Estimated Payback Period (in months) 7.3
Estimated Return Ratio - After 1 Year 1. x
Estimated Return Ratio - After 5 Years 4.3x
Estimated Savings Over 5 Years $404,158

Investment in TCP Software
Initial Investment in TCP Time & Attendance $44,242
Annual Recurring Fees $10,054
Initial Investment in TCP Scheduling $2,768
Annual Recurring Fees $1,755
Total Investment
Initial Investment in TCP Software $47,010
Annual Recurring Fees $11,809

Annual Cost
Time & Attendance Here’s how much TCP costs your organization each year, compared to the cost of your current processes.

Here’s how much switching to TCP saves your organization, year by year and cumulatively over time—even after accounting for investment costs in TCP. Annual Cost of Calculating Payroll $2,600 Annual Cost of Payroll Errors $52,000 Annual Cash Out Flow Cumulative Cash Out Flow Annual Cost of Hours Lost/Time Theft $27,083 Status Quo TCP Cost Savings Status Quo TCP Cost Savings Employee Scheduling Year 1 $200,099 $47,010 $46,867 Year 1 $200,099 $47,010 $46,867 Annual Unplanned Overtime Cost $66,300 Year 2 $206,102 $11,809 $84,884 Year 2 $406,201 $58,819 $131,751 Annual Scheduling Task Cost $18,720 Year 3 $212,285 $11,809 $87,785 Year 3 $618,486 $70,628 $219,535 Annual Turnover Cost $33,396 Year 4 $218,653 $11,809 $90,772 Year 4 $837,139 $82,437 $310,308 Total Annual Company Cost $200,099 Year 5 $225,213 $11,809 $93,850 Year 5 $1,062,352 $94,246 $404,158 Total Annual Savings with TCP Software $93,877
©2024 TimeClock Plus, LLC (TCP Software) | www.tcpsoftware.com 70 of 139

TCP Software California Clients
Here is a list of government agencies in CA that use TimeClock Plus. Please refrain from contacting them, as we haven't obtained permission to use them as references and we prioritize their privacy as we would yours.

• City of Saratoga
• City of Sierra Madre
• City of San Fernando
• City of Pismo Beach
• City of San Mateo
• Montebello Transit Bus Lines
• City of Ceres
• North Tahoe Public Utility District
• Fallbrook Public Utility District
• Placentia Gas Works
• Dublin Aquatic Center Wave Waterpark
• City of El Segundo
• City of Gustine
• Livingston Public Works Department
• City of Corning
• City of Emeryville
• City of Long Beach
• San Francisco Department of Public Works
• Auburn Recreation & Park District
• Pleasant Hill Recreation & Park District
• Tulare Lake Water Storage District
• Costa Mesa Sanitary District
• Martin Luther King, Jr. Outpatient Center
• Los Angeles County Department of Health Services
• Sacramento County
• H. Claude Hudson Comprehensive Health Center
• Edward R. Roybal Comprehensive Health Center
• South San Joaquin Irrigation District
• Lower Tule Irrigation District
• Alameda County Superior Court
• Sacramento County Animal Care Services
• San Miguel Community Service District
• El Dorado Hills Community Services District
• Merced Irrigation District
• Coachella Valley Mosquito & Vector Control District
• Orange County Mosquito & Vector Control District
• Kings County Child Support Services
• North Kern Water Storage District
• Tulare County Office of Education
• Twenty-Nine Palms Band of Mission Indians
• Twin Pine Casino & Hotel
• River Rock Casino
• Round Valley Indian Housing Authority

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.

TO: Honorable Mayor and Council Members

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

DATE: September 3, 2024

SUBJECT: Adopt a Resolution Authorizing the City Manager or Designee to Finalize and Enter into an Agreement with Cen-Cal Construction for the Southgate Lighting and Pedestrian Improvement Project in the amount of $600,600.00 and authorizing the City Manager or Designee to execute Contract Change Orders in an amount not to exceed an aggregate of $30,000.00

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing the City Manager to Finalize, Endorse and Enter into an Agreement with Cen -Cal Construction for the Southgate Lighting and Pedestrian Improvement Project in the amount of $600,600; and

2) Authorize the City Manager or designee to execute Contract Change Orders in an amount not to exceed an aggregate of $30,000; and

3) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the Califor nia 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 r esult in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

STAFF REPORT
City of Wasco

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Discussion:

The Southgate neighborhood needs additional lighting. This project will install an additional 13 streetlights in the area. It also involves installing ADA curb ramps and repairing the curb and gutter.

The Southgate Lighting and Pedestrian Improvement Project 22014 was advertised on May 6, 2024. On May 9, 2024, the City of Wasco held a job walk, which four potential bidders attended . Bids were opened on May 31, 2024, at 2 PM. O nly one bid was received, which was publicly opened and read. Below is the sole bid for the project.

Contractor Bid Amount
Cen-Cal Construction $600,600.00

After reviewing the bid submitted by Cen -Cal Construction, staff determined that the bidder was responsible. However, since only one bid was received, staff sought approval from HCD to proceed with the project award. This request resulted in a three-month delay in awarding the project to Cen-Cal. On August 20, 2024, HCD approved the award and issued a single bid approval letter.

Fiscal Impact:

The TDA funds for FY 2023- 2024 have a total balance of $1,758,113.96 . Of this amount, $340,000 has been allocated to the Southgate Lighting and Pedestrian Improvement Project (22014), leaving a remaining balance of $1,418,113.96 . Additionally, this project has received grant monies of $400,000 from HCD's CDBG, with $82,648.97 already utilized, resulting in a remaining balance of $317, 351.03. No budget action is required with approval of this item.

Attachments:

1. Bid Results

2. Bid Summary

3. Single Bid Approval Letter from HCD

4. Resolution
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5. Agreement
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Bid Package-Project Description:

Company Date
Received
Time
Received
Time
Opened Bid Proposals $ Addendum Bid
Bond
Cen-Cal Construction 5/30/2024 1:44 PM 2:00 PM $600,600.00 yes Yes City of Wasco
Bid Results
City of Wasco
Administrative Assitant
Date:

Contract No. 20-CDBG-CV-30-00010
5/30/2024
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FEDERAL FINANCIAL ASSISTANCE
May Lee State Office Complex
651 Bannon Street
Sacramento, CA 95811
(916) 263-2771
www.hcd.ca.gov

August 20, 2024

Scott Hurlbert, City Manager
City of Wasco
746 8
th Street
Wasco, CA 93280

Dear Scott Hurlbert:

RE: Approval of Single Bid Procurement for Planning Grant - City of Wasco ADA Sidewalk and Street Light Improvements, CDBG Grant #: 21-CDBG-PI-00032

The Department of Housing and Community Development (Department) has received the City of Wasco’s (City) request for single bid procurement for a construction contractor on the above-referenced Community Development Block Grant (CDBG) contract.

Based on the documents received, the City undertook a reasonable effort of outreach to contractors and subcontractors in the area through advertisements, job walks, emails and texts through the City’s distribution notification system. The City, however, received only one positive response from CenCal Builders.

Due to the circumstances described above, the single bid procurement request is approved. The City may proceed with negotiating a contract with CenCal Builders.

Please forward a fully executed copy of the contract and debarment to the Department for our records.

Sincerely,

Mamie Early
CDBG Section Chief

Attachment/Enclosure

cc: Grant Management Section

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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY MANAGER OR DESIGNEE TO FINALIZE, ENTER, AND EXECUTE AN AGREEMENT WITH J.L. PLANK INC. DBA CEN-CAL CONSTRUCTION FOR THE CITY OF WASCO ADA SIDEWALK AND STREET LIGHT IMPROVEMENTS PROJECT IN THE AMOUNT OF $600,000.00 AND AUTHORIZE THE CITY

MANAGER OR DESIGNEE TO EXECUTE CONTRACT CHANGE ORDERS ON AN AMOUNT NOT TO EXCEED AN AGGREGATE OF $30,000.00
WHEREAS, the City wishes to contract with Cen -Cal Construction for the City of Wasco ADA sidewalk and street light improvements project in the Southgate area; and, WHEREAS, the services provided are described in the Agreement as attached hereto as 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, Cen-Cal Construction 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; and
WHEREAS, Cen-Cal Construction agrees to comply with the State prevailing wage determinations in effect ten days prior to the bid opening of May 31, 2024; and WHEREAS, allowing the City Manager or designee to execute Contract Change Orders not to exceed $30,000
N
OW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:

SEC
TION 1: Authorizes the City Manager or designee to award, finalize, and execute a n Agreement for work related to the removal and installation of ADA ramps, installation of street lights, and curb and gutter improvements in an amount not to exceed $60,000.00.

SEC
TION 2: Authorizes the City Manager or designee to execute contract change orders in an amount not to exceed $30,000.00.
-o0o-
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I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on September 3, 2024, by the following vote:

COUNCIL MEMBERS: MEDINA, SALDAÑA, MARTINEZ, REYNA
AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________________

VALENTIN MEDINA
MAYOR of the City of Wasco
Attest: ________________________

__________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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1 AGREEMENT NO. 2024 -

THIS AGRE
EMENT made this 3rd day of September, 2024, by and between the CITY OF WASCO, hereinafter "City", and J.L. Plank Inc. dba Cen- Cal Construction, a California Corporation, hereinafter "Contractor,"
W I T N E S S E T H:

W
HEREAS, City wishes to hire Contractor to provide construction services on the Southgate area of Wasco, California as more particularly described in the City of Wasco Request for Proposals for City of Wasco ADA Sidewalk and Street Light Improvements (the “Plans and Specifications”) which are incorporated herein by this reference (collectively, the “Services”) pursuant to the terms and conditions hereinafter described and Contractor is agreeable thereto.

NO
W, 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. Contractor hereby agrees to perform the Services pursuant to the terms and conditions described hereinafter and pursuant to the Plans and Specifications to the extent not inconsistent with these terms and conditions.

3. Contractor shall perform the Services for a total price of not to exceed $600,600.00 (the “Total Price”). The Total Price shall be allocated as more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof . The Total Price shall be payable upon completion and acceptance of the Services by the City and after receipt of an invoice from Contractor which shall be subject to approval by the City Manager or his designee and the City Council.

4. Contractor
shall complete the Services within 80 working days from issuance of a Notice to Proceed pursuant to the Caltrans 5-day workday calendar.

5. Contractor sh
all provide a performance bond to insure completion of the Services and a payment bond to insure payment to subcontractors and suppliers, each in the full amount of the Total Price and as approved by City. In the performance of Contractor's duties hereunder, Contractor shall also provide all vehicles, tools, personnel, equipment, supplies and all such other items as are necessary or convenient to completing the Services at Contractor's sole cost and expense.

6. Contractor,
at Contractor's sole cost and expense, shall maintain throughout the ter
m of this Agreement all worker's compensation insurance where and in the amounts required by law and a comprehensive general public liability insurance policy from a company approved by City for protection against liability to the public arising as an incident of Contractor's performance hereunder in amounts not less than $1 million per occurrence and said policy shall 81 of 139
2 be primary insurance naming City, its officers, councilpersons, employees, contractors, and representatives as additional insureds and affording City at least ten (10) days’ notice prior to cancellation or reduction of coverage. In the event any such policy shall lapse or be canceled, City may, at City's sole discretion, terminate this Agreement without further notice to Contractor. Contractor shall provide City with a Certificate of Insurance verifying Contractor's compliance with the foregoing. This Agreement shall not be effective until City has received and approved same.

7. Contractor shall pay, and shall require subcontractors to pay, employees working for a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determination and wage standards for the State of California. In accordance with Section 1775 of California Labor Code, Contractor shall pay such penalties and incur such costs as described therein and as are more particularly determined by the Labor Commissioner, in the event of any violation of the foregoing requirement. In addition to the foregoing, Contractor and its subcontractors shall pay to persons employed in the performance of the Services no less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the Labor Code. Copies of the prevailing rate of per diem wages are on file at City's principal office and are available for examination by any interested party on request, during normal business hours. Contractor shall keep an accurate payroll record showing the name, address, Social Security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker or other employee employed by Contractor.

8. Contractor hereby indemnifies, agrees to defend, and holds harmless City, its officers, councilpersons, employees, contractors, and representatives from any and all claims, demands, suits, judgments, liability, damages, costs, and expenses arising in any manner out of this Agreement or occasioned by the performance or attempted performance of the provisions hereof and any act or omission to act on the part of Contractor or Contractor's employees, subcontractors, agents, or representatives.

9. In addition to any other method of termination described in this Agreement, City , in its sole and absolute discretion, may terminate this Agreement at any time upon ten (10) days written notice to Contractor. In the event of any such termination and except as otherwise described herein, Contractor shall be entitled to payment for Contractor's performance of its obligations hereunder to the date of termination subject to City's approval and acceptance of Contractor's performance. City may terminate this Agreement upon twenty -four (24) hours’ notice to Contractor in the event of Contractor's default hereunder in which case, Contractor shall not be entitled to payment for any Services which were performed in breach of this Agreement. In addition to City's right to terminate this Agreement due to Contractor's default, City shall have all other remedies available under this Agreement in the event of Contractor's default as well as all remedies available at law or in equity.

10. Contractor's S ervices are utilized by City only for the purpose and to the extent set forth in this Agreement and Contractor's relationship to City shall, during the term of this Agreement, be that of an independent contractor.
82 of 139
3 11. In the performance of its obligations hereunder, Contractor acknowledges that Contractor and Contractor's employees, subcontractors, agents, and representatives may encounter dangerous conditions on the premises where the Services are performed. Contractor for itself and on behalf of its employees, subcontractors, agents, and representatives assumes the risk of same and hereby waives, releases, and forever discharges City, its officers, councilpersons, employees, contractors, agents, and representatives from any and all liability, claims, actions, losses, costs, and expenses arising out of all injuries, and damages which may be suffered by Contractor or Contractor's employees, subcontractors, agents, or representatives including any of same attributable in any way to any act or omission to act or any negligence whatsoever, whether passive or active, by Contractor, or Contractors' officers, employees , , subcontractors, agents, or representatives. Contractor represents and warrants that it has read and fully understands the provisions of Section 1542 of the Civil Code of California which states as follows:

"A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her must have materially affected his or her settlement with the debtor or released party. "

Contractor on behalf of itself and its employees, subcontractors, agents, and representatives hereby expressly waives and releases any right or benefit which each has or may have under Civil Code Section 1542.

12. Contractor shall not assign any portion of this Agreement to any other person or entity without City’s written consent which may be given, conditioned or denied in City’s sole discretion.

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

14. Any notice required under this Agreement shall be effective immediately upon personal delivery of same in writing to the party to be noticed or upon deposit in the United States mail, first class, postage prepaid, addressed as hereinafter described or when sent by facsimile transmission or when sent by electronic mail ("Email"). The following shall be used in providing the foregoing notices: City — City Manager, 746 8 th Street, Wasco, California
93280, Fax — (661) 758-7239, Email— [email protected]; and Contractor — Stephanie Plank, Email - [email protected] Any party may change its address or fax number by giving notice to the other party in the manner herein described.

15. If any action is commenced between the parties concerning any provision of this Agreement or the rights and duties of any party in relation thereto or the interpretation of this Agreement, the prevailing party shall be entitled, in addition to such other relief as may be 83 of 139
4 granted, to a reasonable sum for the party's attorney fees in such action.

16. This Agreement may only be amended by a writing executed by all parties.

17. Each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.

18. This Agreement contains the entire agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto.

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

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

21. Subject to the restrictions on assignment in Paragraph 12, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

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.

23. Time is of the essence with regard to each covenant, condition, and provision of this Agreement.

84 of 139
5 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.

_________________________________
M. Scott Hurlbert, City Manager
City of Wasco, California, "City "

J.L. Plank Inc. dba Cen-Cal Construction, a California Corporation
"Contractor"

By: _____________________________
Stephanie Plank, Secretary

Attachments:

- “Exhibit A” Contractors proposed services…………………………. page 6

- FHWA 1273 “Required Contract Provisions Federal-Aid
Construction Contracts” ………………………………………….…. page 8

85 of 139
6 EXHIBIT “A”
[Allocation of Services]

86 of 139
7 87 of 139
8 88 of 139
9 89 of 139
10 90 of 139
11 91 of 139
12 92 of 139
13 93 of 139
14 94 of 139
15 95 of 139
16 96 of 139
17 97 of 139
18 98 of 139
19 99 of 139
20 100 of 139
21 101 of 139
.

TO: Honorable Mayor and Council Members

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

DATE: September 3, 2024

SUBJECT: Adopt a Resolution Authorizing the City Manager or Designee to Submit a Funding Application and the Execution of a Grant Agreement and any Amendments Thereto for the San Joaquin Valley Air Pollution Control District’s Clean Air Centers Pilot Program.

Recommendation:

Staff recommends that the City Council:
1) Adopt a Resolution authorizing the City Manager or designee to submit a funding application to the San Joaquin Valley Air Pollution Control District’s Clean Air Pilot Program, to accept an award and execute a grant agreement and any amendments for the old Wasco Courthouse Cooling Center, and

2) Find 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:

This action is not a project within the meaning of CEQA Guidelines Section 15378. It is, therefore, not subject to CEQA since it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the City to a definite course of action concerning a project since the action authorized herein may lead to the negotiation of a grant agreement . This proposed activity is, therefore, not subject to CEQA . Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

Discussion:

The San Joaquin Valley Air Pollution Control District (SJVAPCD) is funding cities, counties, special districts, and public educational institutions to purchase portable room filtration devices to create temporary clean air shelters for low-income, disadvantaged, and other vulnerable communities during smoke events when air quality is unhealthy.

STAFF REPORT
City of Wasco

102 of 139
The program priority is to fund facilities that are close to and provide easy access to vulnerable populations, facilities that are designated cooling centers , and facili ties capable of providing the greatest amount of public access , such as clean air centers .

The City proposes applying for the old Wasco courthouse on 810 8th Street. This facility has been designated locally as a cooling center, and our community has used it during emergencies.

Fiscal Impact:

A local match is not required. The City has two options for purchasing the devices:
1)Bulk Pricing List: Select a device from the District’s approved Bulk Pricing List.

District arranges payment directly to the manuf acturer and has the device delivered to the applicant (no out-of-pocket expenses). 2) Buy Direct: Purchase a CARB- certified portable air cleaner directly from the vendor and request reimbursement from the District.

Attachments:

1. Resolution

2. Portable Filter Bulk Pricing Device List

103 of 139
RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN APPLICATION TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT’S CLEAN AIR CENTERS PILOT PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR FUNDING AND ANY AMENDMENTS THERETO’ AND ANY RELATED

DOCUMENTS NECESSARY TO PARTICIPATE IN THE CLEAN AIR CENTERS PILOT PROGRAM.

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

SECTION 1: The City Council hereby approves an application made to the San Joaquin Valley Air Pollution Control District to obtain a grant for the purchase of new air filtration devices, pursuant and subject to all the guidelines of the San Joaquin Valley Ai r Pollution Control District, and amendments thereto.

SECTION 2: The City Manager of the City of Wasco, or designee, is hereby authorized and directed to prepare the necessary data, sign, and file such application with the San Joaquin Valley Air Pollution Control District. The City proposes applying for the old Wasco courthouse on 810 8 th Street. This facility has been designated locally as a cooling center, and our community has used it during emergencies.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on September 3, 2024, by the following vote:

COUNCIL MEMBERS:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________ _________________

VALENTIN MEDINA,
MAYOR of the City of Wasco
A
ttest: _______________
_________
_________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
104 of 139
the Council of the City of Wasco
105 of 139

Category #1 Units (300 - 699 CFM)

Aeris Health Inc. -
AA-WH-31-110-US-EU-00

Alen Corporation – BreatheSmart 75i
Blaisdell –
AeraMax Professional IV
9451201

Genesis Air 2008 RGS

Website:

Aeris Health

Alen Corporations - BreatheSmart 75i
AeraMax Pro AM4S Air Purifiers -
Fellowes®
2008 RGS Air Purifier |
Genesis Air
Air Flow 390 CFM 350 CFM 440 CFM 650 CFM
Sq. Ft. 1500 sq. ft. & below Up to 1300 sq. ft. 650-1100 sq. ft. 550-1650 sq. ft.

Filter life 12 month average filter life 12-15 months Requires two filters:

Carbon filter 3-4 months
HEPA filter 12 months (once a year)
3-6 months continuous use
Costs for*
• Unit

$699.30

$653.69 (shipping varies)

$1215 – $1350

$1500 - $1700
• HEPA filter
replacement

$139.30

$109.65 (shipping varies)

$161 - $180

$229
• Carbon filter
replacement
All filters are combined in one
unit

All filters are combined in one unit

$95.50 - $108

$129
• Pre-filter
replacement
All filters are combined in one
unit

All filters are combined in one unit

$19.25 - $21.50

$49
Dimensions 14.5" w x 15.2" d x 23.6" tall 27"H x 18.5"W x 11.5"D 19.6" x 34.7" x 9" 15”L x 13.25”W x 33.25”H Weight 35.2 lbs 27 lbs 35 lb 58.2 lbs
Power
requirements

Each unit is 45 watts

Each unit is 2 amp

Portability traits
Has a molded in handle and two
casters in the back

Stackable? No No No Yes, 3 or 4
Noise level on high 65 dB 49 dB 68 dB 69 dB

106 of 139

Helen of Troy - Honeywell HPA300

Medify Air –
Medify Air MA-112

Website:

Honeywell HEPA Air Purifier

MA-112 Air Purifier – Medify Air
Air Flow 320 CFM 556 CFM
Sq. Ft. 465 sq. ft. 2500 sq. ft.

Filter life 12 months 4-5 months or 3000 hours of use
Costs for*
• Unit

$196.45

$499.80 - $558.80
• HEPA filter replacement
$53.53

$120.80 - $134.70
• Carbon filter replacement
$19

All filters are combined in one unit
• Pre-filter replacement
Combined with carbon filter

All filters are combined in one unit
Dimensions 20.08”L x 10.83”D x 22.32”H 28.3"H x 15.7"W x 15.4" D Weight 17.3 lbs 33.5 lbs
Power requirements
Each unit is 95 watts
Portability traits Has wheels
Stackable? No No
Noise level on high 58.5 dB < 70 dB

107 of 139

Category #2 Units (>700 CFM (Cubic Feet per Minute))

Smarter HEPA - Blast CMKQ101.3

Genesis Air 2008 B

Website:

Smart Health Blast - SmarterHEPA 2008 B (1-4) Air Purifier | Genesis Air

Air Flow 1300 CFM 2280 CFM
Sq. Ft. 2000 sq. ft. 2400 sq. ft.

Filter life HEPA Filter 12-24 months, optional carbon filter 12-18 moths 12 months
Costs for*
• Unit

~$870 - $960

~$3,150 - $3,350
• HEPA filter replacement
~$120 - $132

$290
• Carbon filter replacement
~$88 - $97

$190
• Pre-filter replacement
$20 - 22

$50
Dimensions 48.4" x 22.6" x 13" W22.5” x H30.25” x L44.5” Weight 69 lbs. 163 lbs.

Power requirements
Can use extension cord; maximum of 9 units on
15-amp circuit and 14 on 20-amp circuit
Can use extension cord; depending on
circuit, can plug 2 units into outlet

Portability traits
2 wheels on one end for moving; 4 stabilizing legs 4 casters (removable)

Stackable?
During use: up to 2 high if secured
Storage: can be stacked on side
During use: up to 3 if wheels secured
Storage: up to 3 upright
Noise level on high 48 dB 73 dB

108 of 139
.

TO: Honorable Mayor and Council Members

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

DATE: September 3, 2024

SUBJECT: Adopt a Resolution A uthorizing the City Manager or Designee to Execute an Indemnity A greement and any Amendments and Budget
Appropriations Thereto for the FY23 State Homeland Security Grant Program through Kern County for the Wasco Police Department Communications Equipment Project.

Recommendation:

Staff recommends that the City Council:
1) Adopt a resolution authorizing the C ity Manager or designee to execute an indemnity agreement with K ern County for the FY 23 S tate Homeland Security Grant Program and any amendments thereto’ and budget appropriations necessary to implement the Wasco P olice Department Communications Equipment Project, and

2) Find 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:

This action is not a project within the meaning of CEQA Guidelines Section 15378. It is, therefore, not subject to CEQA since it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the City to a definite course of action concerning a project since the action authorized herein may lead to the negotiation of a grant agreement. This proposed activity is, therefore, not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

Discussion:

During the Fall of 2022, the City of Wasco applied to the FY23 State Homeland Security Grant Program through the Kern County Office of Emergency Services to assist with establishing a new Wasco Police Department. The City was selected to receive $365,718.00 for the following communications equipment:

STAFF REPORT
City of Wasco

109 of 139
• Twenty-Eight (28) P25 Compliant Mobile Radios
• Thirty (30) P25 Compliant Portable Radios
These funds will assist the Police Department with purchasing the latest technology and implementing necessary equipment for operations.

Fiscal Impact:

A local match is not required.

Attachments:

1. Resolution

2. Indemnity Agreement

110 of 139
RESOLUTION NO. 2024 -

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

MANAGER OR DESIGNEE TO EXECUTE AN INDEMNITY AGREEMENT WITH KERN COUNTY FOR THE FY23 STATE HOMELAND SECURITY GRANT PROGRAM AND ANY AMENDMENTS THERETO’ AND BUDGET APPROPRIATIONS NECESSARY TO IMPLEMENT THE WASCO POLICE DEPARTMENT COMMUNICATIONS EQUIPMENT PROJECT.

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

SECTION 1: The City Council hereby accepts the FY23 State Homeland Security Grant Program in the amount of $365,718.00 for the Wasco Police Department Communication Equipment Project, pursuant and subject to all program guidelines and amendments thereto.

SECTION 2: The City Manager of the City of Wasco, or his/her designee, is hereby authorized and directed to execute the Indemnity agreement with Kern County and make any necessary budget appropriations, request for reimbursement, reports, and amendments thereto.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on September 3, 2024, by the following vote:

COUNCIL MEMBERS: MEDINA, SALDAÑA, MARINEZ, REYNA
AYES:

NOES:

ABSTAIN:

ABSENT:
_________
_________________

VALENTIN MEDINA,
MAYOR of the City of Wasco
A
ttest: _______________
_________
_________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
111 of 139

Page 1 of 4 ends

AGREEMENT NO. _______________________________

INDEMNITY AGREEMENT

THIS AGREEMENT is made and entered into on _______________________ by and between the CITY OF WASCO , a municipal corporation (“ City”), and the COUNTY OF KERN , a political subdivision of the State of California (“County”). City and County may be referred to individually as “Party” and collectively as “Parties”.

RECITALS

WHEREAS, County is the annual recipient of funds from the Governor’s Office of Emergency Services to support and provide for the purchase of equipment and training related to public safety (“Grant Funds”); and
WHEREAS, the equipment and training purchased with the Grant Funds may be distributed to other agencies within Kern County, including the Wasco Police Department (“Department”), based on the selection of projects most deserving of the grant funds; and
WHEREAS, in exchange for the County purchasing and providing the equipment and training to the Department, the City desires to hold harmless and indemnify the County from any claims and/or litigation arising out of the use of the equipment and training purchased and distributed to the Department.

NOW, THEREFORE , incorporating the foregoing recitals herein, the Parties mutually agree as follows:

1. PROJECTS. The name of the project s in the FY23 for the State Homeland Security Grant for the Wasco Police Department are:
• Wasco Police Department Communications Equipment Project with an initial budgeted allocation of $365,718.00
The actual costs will be determined through the County’s purchasing process.

Equipment quantities may be adjusted if actual costs exceed the grant allocation budget.

2. EQUIPMENT AND TRAINING. The equipment and training approved for funding under these projects are:
• Wasco Police Department Communications Equipment Project:
o Twenty-Eight (28) P25 Compliant Mobile Radios.
o Thirty (30) P25 Compliant Portable Radios

3. INDEMNITY. City agrees to indemnity , defend, and hold harmless 112 of 139

Page 2 of 4 ends

County and County’s agents, board members, elected and appointed officials and officers, employees, volunteers, and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs, fines, and expenses (including, but not limited to reasonable attorneys’ fees, costs of staff time, and investigation costs) of whatever kind or nature, which arise out of or are in any way connected with the city‘s use of the P25 compliant mobile radios and portable radios , and any act or omission of the C ity of Wasco or City’s officers, agents, employees, independent contractors, sub -contractors of any tier, law enforcement partners or authorized representatives arising out of, connected with, or caused by the use of the P25 compliant mobile radios and portable radios .

Without limiting the generality of the foregoing, the same shall include injury or death to any person or persons, damage to any property, regardless of where located, including the property of the County, and any workers’ compensation claim or suit arising from or connected with the above-referenced use of the subject P25 compliant mobile radios and portable radios performed pursuant to this Agreement by or on behalf of the City of Wasco or City’s offices, agents, employees, independent contractors, sub- contractors of any tier, law enforcement partners or authorized representatives.

4. SELF INSURANCE . City self- insures as a matter of normal business practice and will continue to self-insure for the term of this Agreement in at least the minimum amounts necessary to meet reasonable risks. The City shall forward documentation to the County that demonstrates that the City self-insures as a matter of normal business practice before receiving any equipment purchased with the Grant Funds.

5. AMENDMENT. The provisions of this Agreement may be modified only by mutual agreement of the parties. No modifications shall be binding unless it is in writing and signed by the party against whom enforcement of the modification is sought.

6. COMPLIANCE WITH LAW. The Parties shall observe and comply with all applicable local, state, and federal laws, ordinances, rules, and regulations now in effect or hereafter enacted.

7. SIGNATURE AUTHORITY. Each Party has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been fully authorized and empowered to enter into this Agreement.

8. INDEPENDENT CONTRACTORS. In the performance of the services under this Agreement, the Parties shall be, and acknowledge that they are in fact and law, independent contractors and not agents or employees of the other. Each has and shall retain, the right to exercise full supervision and control over the manner and methods of providing services under this Agreement. Each retains full supervision and control over the employment, direction, compensation, and discharge of all 113 of 139

Page 3 of 4 ends

persons assisting in the provision of services under this Agreement and shall be solely responsible for payment of wages, benefits, and other compensation, compliance with all occupational safety welfare and civil rights laws, tax withholding and payment of employment taxes whether federal, state or local, and compliance with any and all other laws regulating employment.

REMAINDER OF PAGE INTENTIONALLY BLANK

114 of 139

Page 4 of 4 ends

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.
“C
ITY” “COUNTY”
CIT

Y OF WASCO COUNTY OF KERN
By
: ___________________________ By:_______________________ Valentin Medina
Mayor Chairman, County Board
of Supervisors
AP
PROVED AS TO FORM:

CITY MANAGER’s OFFICE County Counsel
By
: ___________________________ By:_______________________ Kelli King M. Scott Hurlbert
City Manager Deputy County Counsel
WAS

CO POLICE DEPARTMENT
By
: ___________________________
Charles Fivecoat
Chief of Police
115 of 139
.

TO: Honorable Mayor and Council Members

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

DATE: September 3, 2024

SUBJECT: Nomination, selection, and Adoption of a Resolution appointing a person to fill the District 5 unexpired term vacancy with the term expiring when the November 5, 2024 General Municipal Elections Results are Certified , and following appointment, the City Clerk will administer an Oath of Office to the newly appointed candidate.

Recommendation:

Staff recommends the City Council, following the Nomination; 1) Adoption of a Resolution appointing a person to fill the District 5 unexpired term vacancy who will serve until t he November 5, 2024 General Municipal Elections Results are Certified; and

2) City Clerk to administer an Oath of Office to the newly appointed candidate and this appointment shall be effective immediately upon taking the Oath; and,

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

STAFF REPORT
City of Wasco

116 of 139
Discussion:

On August 20, 2024, the City Council consensus was to appoint an eligible elector to fill the vacancy of an unexpired term in District 5 created by Alexandro Garcia's resignation.

The Council directed staff to notice the vacancy and accept applications. The appointee will serve until the November 5, 2024 General Municipal Election results are certified, and a newly elected Council Member is seated.

The deadline to submit the application was August 27, 2024, at 5:00 p.m. The City Clerk received one (1) application from Miguel A. Raya, who was interviewed at a Special City Council meeting on August 30, 2024.

The newly appointed Council member will fill District 5 for the unexpired vacancy . The term expires when the November 5, 2024 General Municipal Elections results are certified.

The candidate will be selected according to the District 5 City Council Vacancy Appointment Guidelines, approved by the Council at the August 20, 2024, Council Meeting. The successfully appointed candidate will be administered an Oath of Office, and this appointment will be effective immediately upon taking the Oath.

Fiscal Impact:

None

Attachments:

1. Resolution
117 of 139
RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPOINTING MIGUEL A. RAYA TO THE UNEXPIRED VACANCY OF DISTRICT 5 TO SERVE UNTIL NOVEMBER 5, 2024 GENERAL ELECTION RESULTS ARE CERTIFIED
WH
EREAS, Council Member Alexandro Garcia was elected to the position of City Council Member for District 5; and
WH
EREAS, Council Member Alexandro Garcia submitted his resignation on August 1, 2024, leaving a vacancy on the Council of an unexpired term ending November 2024; and WH
EREAS, Government Code §36512 provides that the City Council may appoint an individual to a vacancy occurring on the City Council; and WH
EREAS, City Council consensus was to move forward with an appointment process to fill the unexpired vacant position who will serve until November 5, 2024 General Municipal Election results are certified, and a newly-elected Council Member is seated; and WH
EREAS, City Council directed staff to notice the vacancy and accept applications; and
WH
EREAS, City Council adopted the District 5 City Council Vacancy Appointment Guidelines; and
WH
EREAS, one (1) application was timely filed and confirmed that the applicant was an eligible elector by Kern County Election Division; and WH
EREAS, the eligible elector w as interviewed at the August 30 , 2024, Special City Council Meeting.

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

SEC
TION 1 : hereby that Miguel A. Raya is appointed to the Wasco City Council District 5 to fill the unexpired term, which expires when November 5, 2024 General Election Results are Certified.

SEC
TION 1 : that this appointment shall be effective immediately upon Miguel A.

Raya taking the Oath of Office.
-o0
o-
118 of 139
I HEREBY CERTIFY that t he foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on September 3, 2024, by the following vote:

COUNCIL MEMBERS:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________

VALENTIN MEDINA,
MAYOR of the City of Wasco

Attest: _______________

__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
119 of 139

STAFF REPORT

CITY OF WASCO

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

DATE: September 3, 2024
SUBJECT: Discussion and Possible Minute Action to Appoint One Voting Delegate and Two Alternates for the League of California Cities 202 4 Annual Conference and Expo held on October 16-18, 2024, in Long Beach, California.

Recommendation:

Staff recommends the City Council;
1) Appoint one voting delegate and two alternates for the League of California Cities 2024 Annual Conference and Expo held on October 16 -18, in Long Beach, California, and

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

The League of California Cities requests the City Council appoint one voting delegate and two alternates for the League of California Cities 2024 Annual Conference and Expo. The Annual Business meeting on Friday, October 18, 2024, is an essential part of the Annual Conference. 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 one voting delegate and two alternates.

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

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Fiscal Impact:

None

Attachments:

1. League of California Cities Letter

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

DATE: Wednesday, July 10, 2024

TO: Mayors, Council Members, City Clerks, and City Managers

RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center

Every year, 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 Oct. 18, 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 vote 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.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note 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.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

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.

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.

Council Action Advised by September 25, 2024
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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.

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

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 Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, 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 submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• 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.

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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 Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode 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 work.

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, and 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, and
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 to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.
2 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). 125 of 139
.

TO: Honorable Mayor and Council Members

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

DATE: September 3, 2024

SUBJECT: Approval of Employment Agreement with Kameron Arnold as the City Engineer in the amount of $122,020.00 base annual salary.

Recommendation:

Staff recommends the City Council:
1) Staff recommends the City Council approve the Employment Agreement with Kameron Arnold as the City Engineer in the a mount of $122,020.00 base annual salary; and

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 becaus e the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

The City would like to contract Kameron Arnold as the City Engineer . Mr. Arnold has served as a full -time Deputy Public Works Director and as City Projects Manager from February 20, 2018 – August 2021 for the City of Wasco. Mr. Arnold holds a Bachelor of Science in Electrical Engineering from the California State University, Bakersfield, and has earned a passing score on the Professional Engineering (PE) exam. He possess es the license to hold the title of City Engineer. With the expiration of his employment contract as the Deputy Public Works Director , the City would like to contract Mr. Arnold as City Engineer effective August 17, 2024. Noted changes on his employment contract as City Engineer are:

- Title and Term of Employment

STAFF REPORT
City of Wasco

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- Place of Employment
- Salary and Benefits
o Salary
o Vacation
o Uniform / Boot Allowance
o Travel / Professional Development

The Public Works Department is responsible for managing/overseeing engineering, construction, operation, and maintenance services to the City’s infrastructure system, including streets, water, wastewater and storm drainage systems, and animal control services. The Department also provides sanitation services as well as internal services such as fleet and facilities maintenance. It is crucial to have an individual who can understand the local government's technical aspects and our residents' needs. 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, except 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. Arnold’s employment agreement will be for an initial term of three years with a salary of $ 122,200.00. 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 position and budget for City Engineer was adopted with the FY 24/25 Operating Budget. The estimated fiscal impact is equal to the current and future annual budget appropriation for salary and benefits relating to the Employment Agreement. No budget action is required with approval of this item.

Attachments:

1. Employment Agreement

2. Resolution

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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING AN EMPLOYMENT CONTRACT WITH KAMERON ARNOLD TO SERVE AS WASCO CITY ENGINEER.

WHEREAS, the City wishes to employ Arnold as the City Engineer; and WH
EREAS, Arnold will be employed by the City under the terms and conditions described in the employment agreement; and
WH
EREAS, said agreement will be made in the form and manner prescribed to other director-level employees; and
WH
EREAS, the Agreement shall be governed by and construed in accordance with the employment laws of the State of California.

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

SEC
TION 1: Authorized the City Manager or designee to approve and sign the employment agreement for Kameron Arnold to serve as Wasco City Engineer. -o0o-
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I HEREBY CERTIFY that the foregoing Resolution No. 2024 – was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on September 3, 2024, by the following vote:

COUNCIL MEMBERS: MEDINA, SALDAÑA, MARTINEZ, REYNA
AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________________

VALENTIN MEDINA
MAYOR of the City of Wasco
Attest: ________________________

__________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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P
age 1 of 8
EMPLOYMENT AGREEMENT NO._________________

CITY OF WASCO CITY ENGINEER
T
his Employment Agreement (“Agreement”) is made by and between the City of Wasco, a California municipal corporation, (“the City”) and Kameron Arnold, an individual (“Employee;” collectively, “the Parties”). The effective date of this Agreement shall be August 17, 2024.

RECITALS
A. The City desires to employ the services of Employee as City Engineer ( 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.

Employee acknowledges that he/she has achieved “PE” Certification.

C. In connection with and contingent upon successfully passing pre-employment drug testing, criminal 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 P arties, 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. I NCORPORATION. The Parties incorporate the foregoing recitals as if fully set forth herein verbatim.

2. HIRE; COMMENCEMENT OF EMPLOYMENT. The City hereby hires Employee as City Engineer subject to the terms and conditions of this Agreement, effective as of the date herein agreed under “TERM OF EMPLOYMENT”.

3. TERM OF EMPLOYMENT. The Term of this Agreement shall begin on July 21, 2024, and shall expire three years from that date. At the sole discretion of the City Manager, the Term may be extended for a period of up to two year(s) thereafter by means of a writing memorializing same consistent with the NOTICE provisions herein.

4. AT-W ILL 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. 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 employment relationship with or without cause and with or without prior notice (except as designated in this 130 of 139

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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 position is full- time with a work schedule generally consistent with the normal business hours adopted by the City and those necessary to fulfill the obliga tions 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 OF 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 pl ace 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 provide office space and 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.

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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. Salary:

(1) Base Salary. T he City shall pay Employee a base salary of one hundred twenty-two thousand two hundred dollars ($122,200) 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 M anager 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.

(2) Expenses. The 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 b y 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 documenta tion 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 shall receive the following additional paid and unpaid leave benefits:
(a) Vacation. Employee shall accrue vacation time at a rate of 6.16 per bi- weekly pay period . Employee shall not be permitted to accrue more than a maximum of one hundred sixty (160) vacation hours. On each anniversary of this Agreement, or in reasonable proximity to same as determined in the sole discretion of the City Manager, Employee may “cash- out” up to one hundred twenty hours of accrued but unused vacation time; however, Employee 132 of 139

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may not use the “cash-out” process to create a negative vacation balance.

(b) Sick Leave. Employee shall accrue sick time at a rate of 4 hours every two weeks. Employee shall not be permitted to accrue more than a maximum of one hundred twenty (120) sick leave hours , and to the extent that Employee’s sick leave accrual exceeds one hundred twenty (120) hours at the commencement of the Term of this Agreement, Employee shall accrue no additional sick leave until such time as Employee’s usage of currently accrued time causes Employee to fall below one hundred twenty hours, at which point Employee shall accrue sick time consistent with this provision until the one hundred twenty hour cap is again reached.

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 accorda nce with all applicable rules and regulations 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 Leave. 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 i n reasonable proximity to same as determined in the sole discretion of the City Manager but not to exceed two weeks of each year, Employee shall be required to “cash out” any accrued but unused administrative leave at his then-current hourly rate of compensation. Following the cash out process, the annual alotment of fifty-six hours will accrue to the administrative leave balance for Employee. In the event of termination of this Agreement, Employee shall be entitled to payment for any unused Administrative Leave at their then-current hourly rate of compensation.

(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. T he 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 en titled to retirement benefits through the California Public Employees’ Retirement System (PERS). Employee shall remain at his current formula and level of 2 % @ 62 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 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 purchase by Employee of three hundred dollars ($300.00) on 133 of 139

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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 City Manager approval, the City’s payment for reasonable registration, travel and subsistence expenses related to Employee’s attendance and participation at conferences and training related to the employee’s job duties and fees and costs associated with the “PE” Certification and other certifications.

(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 participation, growth, and advancement and for the good of the City, as may be approved by the City Council.

(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. Given 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 pro perty 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) Other Fringe Be nefits. 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 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
.
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A. Termination 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. Conviction 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.

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. If, 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, 135 of 139

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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. T he City will strike the first name , and the Parties will alternate striking names until one person is left who shall be designated as the arbitrator.

11. ENTIRE AGREEMENT. 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 P arties 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. Employee 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 limited to legal counsel, with re gard 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. This 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 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. 136 of 139

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17. WAIVER. Waiver 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 AMENDMENT 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 pre paid, 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 dee med 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 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

__________________________ __________________________ Print Name City Manager

__________________________ __________________________ Signature Signature

Date: , 2024 Date: , 2024
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TO: Honorable Mayor and Council Members

FROM: Eduardo Saldaña, Mayor Pro Tem
Vincent Martinez, Council Member
M. Scott Hurlbert, City Manager

DATE: September 3, 2024

SUBJECT: Appointment of One (1) Planning Commissioner to fill an unexpired seat on the Planning Commission Board, term expiring on December 31, 2024, and Recognition of the Former Planning Commissioner Petra Rueda

Recommendation:

Staff recommends the City Council:
1) To appoint one (1) candidate to fill one open seat on the Planning Commission Board, and

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

On May 23, 2024, Petra Rueda resigned from the Planning Commission , leaving one (1) vacant seat. A notice of recruitment was published in the Wasco Tribune.

The City Clerk received two (2) applications. The two candidates were interviewed on August 27, 2024, and on August 28, 2024, by a committee consisting of Mayor Pro Tem Saldaña, Council Member Martinez, and staff.

It is the committee’s recommendation to appoint Cortney Coleman to fill one unexpired seat expiring on December 31, 2024.

Attachments:

1. Recruitment Notice

STAFF REPORT
City of Wasco

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Wasco City CouncilSeptember 3, 2024

Wasco City Council
September 3, 2024