Agenda Packet - City of Kerman
Agenda Packet - City of Kerman
Agenda Packet - City of Kerman
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Table <strong>of</strong> Contents<br />
<strong>Agenda</strong> 2<br />
Check Presentation: PG&E, Cam Malloy, Account<br />
Manager/Economic Development Specialist - Waste Water<br />
Treatment Plant Expansion Efficiency Measures<br />
WWTP Anaylsis 12<br />
Flow Chart 13<br />
Minutes<br />
Minutes 1/18/12 16<br />
Report: December 25, 2011 - January 7, 2012: $128,547.43;<br />
Overtime: $2,285.32; Standby & FTO: $1,026.60; Other Pay:<br />
$3,512.06; Comp Time Earned: -0-; Vehicle Allowance: $675.00<br />
Recap - 01-13-2012 for <strong>Agenda</strong> 20<br />
Overtime Council Report 01-13-12 22<br />
Warrant Nos. 34343 - 34441 $563,795.92<br />
AP Detail 02-01-12 23<br />
Approval <strong>of</strong> One-Year Farm Lease Renewal Contract with David<br />
Bufkin for Use <strong>of</strong> Property for Agricultural Purposes<br />
Ag Lease Contract 36<br />
Resolution: Appointing/Reappointing Members to Community<br />
Service & Recreation Commission<br />
Resolution Recreation Commission Members 45<br />
Resolution: Authorization for Escrow Instructions and<br />
Acceptance <strong>of</strong> Rights <strong>of</strong> Way for Kearney Boulevard and<br />
Vineland Avenue Walkway<br />
Resolution 46<br />
Resolution: Authorizing the Reallocation <strong>of</strong> Personnel<br />
Expenditures and Related Budget Amendments Made<br />
Necessary by the Dissolution <strong>of</strong> the <strong>Kerman</strong> Redevelopment<br />
Agency<br />
Resolution 48<br />
Exhibit A 50<br />
Resolution: Post Retirement Agreement with Ron Manfredi -<br />
Labor Negotiator Services<br />
Resolution 51<br />
Agreement 52<br />
Exhibit 56<br />
Letter: Senator Michael Rubio - Letter <strong>of</strong> Support for SB 250,<br />
the California Reliable Water Supply Act<br />
Letter <strong>of</strong> support 58<br />
Rubio letter 59<br />
Planning Commission Appointments - Candidate Interviews and<br />
Appointments<br />
PC Applications 2012 60<br />
Request for Qualifications (RFQ) for Solar Photovoltaic Project<br />
at Wastewater Treatment Plant<br />
RFQ - WWTP Solar PV Project 66<br />
1
KERMAN CITY COUNCIL AGENDA<br />
COUNCIL MEETING<br />
<strong>Kerman</strong> <strong>City</strong> Hall<br />
February 01, 2012– Regular Meeting 850 S. Madera Avenue<br />
6:30 PM<br />
<strong>Kerman</strong>, CA 93630<br />
<strong>City</strong> Council: Mayor Gary Yep, Raj Dhaliwal, Jack Sidhu, Richard Stockwell, Doug Wilcox,<br />
<strong>City</strong> meetings are intended to be accessible to all persons. Please let us know if you require any accommodation to allow you to<br />
access and participate in this meeting. For assistance, please call (559) 846-9380 two days prior to the meeting.<br />
Materials related to an item on this agenda that are public documents and are submitted after distribution and posting <strong>of</strong><br />
the agenda are available for public inspection in the <strong>City</strong> Clerk's <strong>of</strong>fice at 850 South Madera Avenue, <strong>Kerman</strong>, during<br />
normal business hours. Documents that are public documents provided by others during a meeting will be available at<br />
the same location during business hours after the meeting.<br />
To accommodate members <strong>of</strong> the public or convenience in the order <strong>of</strong> presentation, items on the agenda may not be<br />
presented or acted upon in the order listed.<br />
Present:<br />
Absent:<br />
Also Present:<br />
WELCOME - Mayor Gary K. Yep<br />
CALL TO ORDER<br />
ROLL CALL - <strong>City</strong> Clerk Marci Reyes<br />
INVOCATION - As Offered<br />
At this time the Council wishes to provide anyone an opportunity to provide a brief invocation or<br />
inspirational thought. In accordance with law, we would request only that this opportunity not be used<br />
to recruit converts, or to advance any one, or to disparage any other faith or belief. If no one steps<br />
forward, we will observe a moment <strong>of</strong> silence so that we may all focus our thoughts on how best to serve<br />
our community.<br />
PLEDGE OF ALLEGIANCE – <strong>City</strong> Clerk Marci Reyes<br />
1. AGENDA APPROVAL<br />
2. PRESENTATIONS/COMMENDATIONS<br />
2.A Recognition <strong>of</strong> the <strong>Kerman</strong> Youth Soccer League (KYSL) All-Star Teams and Coaches<br />
[PG]<br />
On behalf <strong>of</strong> the entire <strong>Kerman</strong> Community the <strong>Kerman</strong> <strong>City</strong> Council would like to<br />
congratulate and recognize the players and coaches <strong>of</strong> the KYSL Under 10 and 12<br />
All-Star Teams for their outstanding performance in the California Youth Soccer<br />
League District VII All-Star Tournament. There were 28 teams in each age group.<br />
For our local teams to come out on top is an impressive achievement, considering<br />
that they competed against some <strong>of</strong> the best players in the central valley.<br />
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U 10 Boys Team - Placed first in the California Youth Soccer Association 2011/2012<br />
All Stars Tournament in the Silver Flight. The team also played in the Caruthers<br />
Thanksgiving Classic, RYSL Metry Winter Challenge and East Fresno Winter<br />
Classic.<br />
List <strong>of</strong> Players: (Under the Direction <strong>of</strong> Team Coaches: Anthony Garcia and Marcos<br />
Cortez)Anthony Castro, Jesus Arambula, Oscar Alvarez, Oswaldo Barrera, Issai<br />
Vargas, Tanveer Dhaliwal, Gildardo Rebollo, Andrew Lucian, Jared Garcia, Jayden<br />
Garcia, Salvador Valencia, Javier Santos, Gustavo Hernandez.<br />
U 12 Boys Team - Placed second in the California Youth Soccer Association<br />
2011/2012 All Stars Tournament in the Gold Flight.<br />
List <strong>of</strong> Players: (Under the Direction <strong>of</strong> Team Coaches: Andy Barba and Ignacio<br />
Sanchez) Michael Alvarado, Abel Lopez, Alan Mendez, Michael Diaz, Jorge<br />
Hernandez-Guzman, Angel Sandoval-Montes, Jose Casares-Ornelas, Jose<br />
Hernandez, Ivan Urbieta, Jose Barrera, Enrigue Cadena-Sandoval, Leonell Cerrillo-<br />
Hernandez, Samuel Roberts, Marcus Villarreal.<br />
The All-Star teams are formed after the recreational season is complete in mid<br />
November. The All Star teams are usually formed from the top players from all the<br />
teams in each specific age group <strong>of</strong> the KYSL recreation league.<br />
The goal <strong>of</strong> the CYSL District VII All-Star Program is to: builds sportsmanship,<br />
technical skills, tactical skills, team skills, and individual "life skills" in our players. It<br />
is an honor to be selected to the All-Star Teams, these players go on to represent their<br />
local communities in the regional All Star tournament.<br />
Recommendation: Council recognize the <strong>Kerman</strong> Youth Soccer League All-Star Teams<br />
and Coaches and express their appreciation for their impressive performance. The <strong>City</strong><br />
Clerk will have two Certificates <strong>of</strong> Recognition to present; one for each team<br />
2.B Check Presentation: PG&E, Cam Malloy, Account Manager/Economic Development<br />
Specialist - Waste Water Treatment Plant Expansion Efficiency Measures [RM]<br />
In July <strong>of</strong> 2009 the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> requested PG&E to perform an energy audit on<br />
the planned upgrade and expansion <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong>'s Wastewater Treatment<br />
Plant with the intent <strong>of</strong> maximizing the efficiency <strong>of</strong> the WWTP and qualifying for<br />
PG&E energy efficiency incentives. PG&E completed the audit and made multiple<br />
recommendations for energy efficiency. Between the summer <strong>of</strong> 2009 and the end <strong>of</strong><br />
2011 PG&E worked with city staff and the city contractors for the project to insure a<br />
successful implementation <strong>of</strong> energy efficiency measures. The PG&E energy<br />
efficiency incentive for this project totals $35,861.88.<br />
Energy Efficiency Measures included:<br />
*Premium Efficiency Motors<br />
*High Efficiency Pumps<br />
*Screw Press<br />
*High efficiency diffusers<br />
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The energy efficiency measures installed with the new plant expansion will save the<br />
city an estimated 353,683 kwh <strong>of</strong> electrical energy annually and reduce the plants<br />
demand by approximately 40 kW. Based on the cities average $0.137/kwh cost for<br />
electricity at the WWTP this energy savings translates into an annual cost savings <strong>of</strong><br />
$48,454 per year.<br />
Total Incremental Cost Efficiency Measures $385,090.00<br />
PG&E Incentive $ 35,861.88<br />
Total Incremental Cost with incentives $349,228.12<br />
Estimated Total Annual Energy Cost Savings $ 48,454.00<br />
Simple Payback 7.2 years<br />
IN ADDITION: Ms. Malloy and <strong>City</strong> Manager, Ron Manfredi will announce a new<br />
partnership with the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> & PG&E introducing a <strong>Kerman</strong> Energy<br />
Efficiency and Cost Savings Program. Attached in the Council <strong>Agenda</strong> <strong>Packet</strong> is a<br />
flow-chart that names the various organizations and participants in a Planning<br />
Energy Faire scheduled to KICK-OFF the program on Tuesday, February 21.<br />
Recommendation: Council Accept Check and Thank PG&E and Staff for their hard<br />
work and cooperation<br />
2.C Swearing In <strong>of</strong> Manpreet Tiwana and Erika Rodriguez who are currently Reserve<br />
Officers and will be Sworn in as Full-Time Officers. [JB]<br />
Reserve Officer Manpreet Tiwana was first sworn in as a Reserve Officer with KPD<br />
on May 18, 2011. Manpreet was born in India. Manpreet graduated from Caruthers<br />
High School, and attended California State University <strong>of</strong> Fresno where she graduated<br />
with a Bachelor's in Criminology and a Certificate in Victimology. Manpreet<br />
attended the Fresno Police Academy and graduated in 2009. She is currently working<br />
on her Masters Degree in Business Administration.<br />
Reserve Officer Erika Rodriguez was first sworn in as a Reserve Officer with KPD on<br />
August 3, 2011. Erika was born in Michoacan, Mexico and raised in <strong>Kerman</strong>. Since<br />
being in elementary school her dream was to be in law enforcement. In 2002 at a<br />
career fair during her sophomore year at <strong>Kerman</strong> High School, she decided to join<br />
the <strong>Kerman</strong> Police Department Explorer Program. She was an explorer from 2002-<br />
2005. She graduated from <strong>Kerman</strong> High School in 2005 and attended California<br />
State University, Fresno. She graduated with a Bachelors degree in Criminology in<br />
the fall <strong>of</strong> 2008. She attended Fresno <strong>City</strong> Police Academy on January 10, 2011-July<br />
7, 2011.<br />
Recommendation: Council welcome Officer Manpreet Tiwana and Officer Erika<br />
Rodriguez to full-time status<br />
REQUEST TO ADDRESS COUNCIL<br />
This portion <strong>of</strong> the meeting is reserved for members <strong>of</strong> the public to address the Council on<br />
items <strong>of</strong> interest that are not on the <strong>Agenda</strong> and are within the subject matter jurisdiction <strong>of</strong> the<br />
Council. Speakers shall be limited to three minutes. It is requested that no comments be made<br />
during this period on items on the <strong>Agenda</strong>. Members <strong>of</strong> the public wishing to address the<br />
Council on items on the <strong>Agenda</strong> should notify the Mayor when that <strong>Agenda</strong> item is called, and<br />
4
the Mayor will recognize your discussion at that time. It should be noted that the Council is<br />
prohibited by law from taking any action on matters discussed that are not on the <strong>Agenda</strong>.<br />
Speakers are asked to please use the microphone, and provide their name and address.<br />
3. PUBLIC HEARINGS / PUBLIC MEETING – 6:30 p.m.<br />
4. CONSENT CALENDAR (Items that are not pulled from the Consent Calendar are approved by<br />
a single motion.)<br />
4.A Approval <strong>of</strong> Minutes:<br />
Minutes<br />
4.B Payroll Report:<br />
Report: December 25, 2011 - January 7, 2012: $128,547.43; Overtime: $2,285.32;<br />
Standby & FTO: $1,026.60; Other Pay: $3,512.06; Comp Time Earned: -0-; Vehicle<br />
Allowance: $675.00<br />
4.C Warrants:<br />
Warrant Nos. 34343 - 34441 $563,795.92<br />
Excepting: Valley Food Center - #34433 - $30.22<br />
ADDITIONAL CONSENT CALENDAR<br />
4.D Approval <strong>of</strong> One-Year Farm Lease Renewal Contract with David Bufkin for Use <strong>of</strong><br />
Property for Agricultural Purposes [TLP]<br />
This lease contract is between the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> and Mr. David Bufkin for the lease <strong>of</strong><br />
approximately 38 acres, which are owned by the <strong>City</strong> and located near the southeast<br />
corner <strong>of</strong> California Avenue and Siskiyou Avenue. Mr. Bufkin has been leasing this<br />
property even prior to the <strong>City</strong>'s purchase <strong>of</strong> the property (for future park development)<br />
and would like to continue the lease under the same terms, which seem to be fair and<br />
reasonable, given the market for such property. Staff attempted to negotiate a higher<br />
rent amount with Mr. Bufkin, but learned that he is already paying more per acre for this<br />
property than he is for other such properties that he is renting for similar uses. As such,<br />
staff is recommending renewing the contract for one more year, under the same terms as<br />
were included in the lease for 2011.<br />
Recommendation: Council to approve the one-year farm lease contract between the<br />
<strong>City</strong> <strong>of</strong> <strong>Kerman</strong> and David Bufkin as presented.<br />
4.E Resolution: Appointing/Reappointing Members to Community Service & Recreation<br />
Commission [PG]<br />
The Community and Recreation Services Commission has the responsibility as a fact<br />
finding and advisory agency for the Parks, Recreation and Community Services<br />
Department concerning the development, administration and maintenance <strong>of</strong> all parks<br />
and facilities, including design, regulation, policies and procedures, park and recreation<br />
programs, senior, social and community programs and shall make recommendations to<br />
the <strong>City</strong> Council regarding these community services.<br />
The Recreation and Community Services Commission at their regular meeting on<br />
Wednesday, January 25, 2012, reviewed three applications: one (1) new from Richie<br />
Arredondo and two from incumbents Mike Teixeira and Delores Amaro. In accordance<br />
5
with their bylaws, by open vote <strong>of</strong> the Commission; the following community people have<br />
been recommended to the <strong>City</strong> Council for approval. Mike Teixeira and Delores Amaro<br />
are recommended for reappointed to three-year terms, and Richie Arredondo is<br />
recommended for a two-year term.<br />
Recommendation: Council Approve Resolution Appointing/Reappointing<br />
Commissioners, Teixeira, Amaro and Arredondo to Community Service & Recreation<br />
Commission per the indicated terms.<br />
4.F Resolution: Authorization for Escrow Instructions and Acceptance <strong>of</strong> Rights <strong>of</strong> Way<br />
for Kearney Boulevard and Vineland Avenue Walkway [GH]<br />
The <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> is acquiring right <strong>of</strong> way from five property owners on Kearney<br />
Boulevard and Vineland Avenue for the installation <strong>of</strong> a sidewalk to provide better access<br />
for children walking to Goldenrod Elementary School. The Council has previously<br />
approved the <strong>of</strong>fers made to each <strong>of</strong> the property owners, and all <strong>of</strong> the owners have<br />
accepted the <strong>City</strong>'s <strong>of</strong>fer for the purchase <strong>of</strong> each parcel.<br />
Escrows have been opened with Chicago Title Company to complete the transactions.<br />
This Resolution will authorize the <strong>City</strong> Manager to sign the Escrow Instructions on<br />
behalf <strong>of</strong> the <strong>City</strong>. In addition, the Resolution will accept the property on behalf <strong>of</strong> the<br />
public and authorize the <strong>City</strong> Clerk to affix a certificate <strong>of</strong> acceptance to each deed.<br />
Recommendation: Council adopt the attached Resolution authorizing the <strong>City</strong> Manager<br />
to sign Escrow Instructions and accepting right <strong>of</strong> way on behalf <strong>of</strong> the public.<br />
5. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AGREEMENTS, ETC<br />
5.A Resolution: Authorizing the Reallocation <strong>of</strong> Personnel Expenditures and Related<br />
Budget Amendments Made Necessary by the Dissolution <strong>of</strong> the <strong>Kerman</strong><br />
Redevelopment Agency [TLP]<br />
Because the Redevelopment Agencies throughout the State <strong>of</strong> California have been<br />
dissolved as <strong>of</strong> February 1, 2012, certain budget adjustments are necessary to allow for<br />
the allocation <strong>of</strong> personnel costs for employees that had previously been paid with RDA<br />
funds. The transfer <strong>of</strong> various personnel costs from the <strong>Kerman</strong> RDA to the Successor<br />
Agency (the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong>) requires, at least temporarily, that the <strong>City</strong>'s Budget incur<br />
addition expenditures and this requires a budget adjustment.<br />
Included in the Council's packets is a resolution to authorize such a budget amendment<br />
for FY 2011/12. Attached to the resolution is the proposed allocation schedule, which<br />
shows which funds and activities the employees' salaries and benefits will be charged<br />
throughout the balance <strong>of</strong> the 2011/2012 fiscal year.<br />
As previously reported, these additional personnel costs for FY 11/12 will not be entirely<br />
covered by the <strong>City</strong>. They will be <strong>of</strong>fset to some extent by additional <strong>City</strong> revenues. Some<br />
revenues which were previously received by the <strong>Kerman</strong> RDA will now be received by the<br />
<strong>City</strong> <strong>of</strong> <strong>Kerman</strong> in the form <strong>of</strong> Property Taxes. In addition, the <strong>City</strong> will receive an<br />
administration fee for handling the affairs <strong>of</strong> the dissolved Redevelopment Agency. There<br />
will also be some savings in the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> 2011/2012 Budget, realized through the<br />
6
ecruitment <strong>of</strong> a new <strong>City</strong> Manager at a lower pay scale or step than the current <strong>City</strong><br />
Manager. This has been calculated and reflected in the reallocation schedule. We<br />
anticipate this to be a temporary measure as there are State-wide discussions regarding<br />
some type <strong>of</strong> compromise position which may lessen the impact. We also need to obtain a<br />
better idea <strong>of</strong> what the net fiscal impact <strong>of</strong> the RDA Dissolution will be on the <strong>City</strong>. As we<br />
begin to prepare the FY 2012/2013 Budget, we hope to have a better idea <strong>of</strong> these fiscal<br />
impacts and to be able to budget accordingly.<br />
The Reallocation Schedule (Exhibit A) shows the percentage shifts that are being<br />
proposed for the various positions (including the <strong>City</strong> Council). You will notice that the<br />
negative shifts out <strong>of</strong> the RDA Funds are <strong>of</strong>fset by positive shifts to the other respective<br />
funds. Below the percentage shifts for each position are the related dollars to be shifted.<br />
At the bottom <strong>of</strong> the schedule are totals, with $66,373 being reallocated to the various<br />
departments within the General Fund and the remaining $4,273 going to the Enterprise,<br />
L&L District and Street Funds. The total reallocation amount is $70,647 (with rounding<br />
difference <strong>of</strong> $1).<br />
These last minute rulings on the RDA Dissolution are frustrating and unfortunate.<br />
However, as cities throughout California are able to determine the impact <strong>of</strong> the<br />
Dissolution, we will get a better idea <strong>of</strong> how to budget for personnel and other<br />
expenditures in the future.<br />
Recommendation: Council to approve Resolution authorizing the reallocation <strong>of</strong><br />
personnel expenditures and related budget amendments made necessary by the<br />
dissolution <strong>of</strong> the <strong>Kerman</strong> Redevelopment Agency.<br />
5.B Resolution: Post Retirement Agreement with Ron Manfredi - Labor Negotiator<br />
Services [MB]<br />
This item is carried over from the January 18th Council <strong>Agenda</strong>. After 18.5 years <strong>of</strong><br />
service with the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> <strong>City</strong> Manager, Ron Manfredi will retire on Friday March<br />
2, 2012. Employee labor contracts with <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> employee groups (<strong>Kerman</strong> Public<br />
Safety Employees Association (KPSEA) and <strong>Kerman</strong> Municipal Employees Association<br />
(KMEA) will terminate June 30, 2012. Therefore, the <strong>City</strong> Council is considering a shortterm<br />
contract with Mr. Manfredi for the purposes <strong>of</strong> labor relations to conduct Meet &<br />
Confer meetings with these associations towards the goal <strong>of</strong> securing new contacts. The<br />
specific terms <strong>of</strong> the agreement are contained in the attached contract. Specifically, the<br />
rate <strong>of</strong> pay will be $75/hr (no fringe benefits and no vehicle) with guarantee <strong>of</strong> 10/hrs.<br />
per week for eight weeks and will begin on March 6th after Mr. Manfredi retires.<br />
This is a temporary agreement for specific and limited services. It also scheduled under<br />
closed session if Council desires to further discuss this personnel matter.<br />
Recommendation: Council Approve Resolution: Post Retirement Agreement with Ron<br />
Manfredi - Labor Negotiator Services<br />
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6. WRITTEN COMMUNICATIONS<br />
6.A Letter: Senator Michael Rubio - Letter <strong>of</strong> Support for SB 250, the California Reliable<br />
Water Supply Act [MR]<br />
Senator Michael Rubio is requesting a letter <strong>of</strong> support for SB 250, the California<br />
Reliable Water Supply Act. This bill adopts the aggressive, yet achievable deadline the<br />
Governor and federal agencies have agreed upon, and provides certainty that the Bay<br />
Delta Conservation Plan (BDCP) will be completed by February 15, 2013 and that the<br />
construction <strong>of</strong> Delta facilities will be accomplished by December 21, 2025. The BDCP<br />
will restore the Delta and increase the state's water supply reliability. This bill strives to<br />
achieve State’s water system will be available to serve all Californians while also<br />
protecting the Delta.<br />
Senator Rubio's staff member should be on-hand to provide additional information<br />
Recommendation: Council consider a letter <strong>of</strong> Support for SB 250, the California<br />
Reliable Water Supply Act and authorize the Mayor to sign on behalf <strong>of</strong> the <strong>City</strong>.<br />
7. ADMINISTRATIVE REPORTS<br />
7.A Planning Commission Appointments - Candidate Interviews and Appointments [RM]<br />
After a discussion Council directed staff to contact all three applicants Gabriel Melgoza,<br />
Jordan Harris and Kevin Nehring for the two seats on the Planning Commission. These<br />
three individuals were contacted by the <strong>City</strong> and requested to come before the <strong>City</strong><br />
Council at the February 1, 2012 meeting to present their qualifications and interest in the<br />
Planning Commission appointment.<br />
Please note Mayor ProTem Wilcox will not be in attendance tonight.<br />
Recommendation: Council provide a time limit to each applicant presentation and if<br />
Council wishes to reconsider their previous decision made at the December 7 meeting, a<br />
new vote may be held. Council may consider the following options:<br />
1. Conduct a new vote for the appointments<br />
2. Take no action; therefore the previous December 7, 2011 decision will stand<br />
3. Because Council member Wilcox is absent postpone a vote and reconsider at the<br />
February 15, 2012 meeting<br />
7.B Procedures for Appointment <strong>of</strong> Planning Commissioners [LP]<br />
Background<br />
On December 21, 2011, the <strong>City</strong> Council directed staff to prepare alternative methods for<br />
the appointment <strong>of</strong> Planning Commissioners. Currently, the <strong>City</strong> Council invites all<br />
candidates applying for an appointment on the Planning Commission to attend a Council<br />
meeting so that they may introduce themselves, explain why they would like to serve, and<br />
allow the Council to ask questions. The <strong>City</strong> Council then appoints members to the<br />
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Planning Commission through a ballot process. Although not codified in the KMO, this<br />
has been the practice for appointing members to the <strong>Kerman</strong> Planning Commission.<br />
The <strong>Kerman</strong> Planning Commission consists <strong>of</strong> 7 members appointed by the <strong>City</strong> Council<br />
to serve three year staggered terms. The Commission serves as an advisory body to the<br />
<strong>City</strong> Council on all land use matters.<br />
Discussion<br />
In a letter dated December 12, 2011, Planning Commissioner Nathan Fox asked the <strong>City</strong><br />
to consider an alternative process for the appointment <strong>of</strong> members to the <strong>Kerman</strong><br />
Planning Commission. At the December 21, 2011 <strong>City</strong> Council meeting Chairperson<br />
Robert Epperson made a formal request before the <strong>City</strong> Council to consider Mr. Fox’s<br />
suggestion. The <strong>City</strong> Council agreed and directed staff to come back with alternatives for<br />
the Council’s consideration.<br />
Staff has prepared three alternative procedures for the appointment <strong>of</strong> Planning<br />
Commissioners, as follows:<br />
Alternative 1: Schedule interviews <strong>of</strong> candidates before a regular Council meeting,<br />
beginning at 6:00 p.m., followed by a ballot vote at the conclusion <strong>of</strong> the interviews. This<br />
would give the Council an opportunity to focus on the candidates’ qualifications and<br />
interest separate from action items on the regular Council agenda.<br />
Alternative 2: Appoint an Ad-Hoc committee consisting <strong>of</strong> two members <strong>of</strong> the <strong>City</strong><br />
Council to review, interview and recommend candidates to be appointed by the full<br />
Council. This would allow the sub-committee to interview candidates separately and to<br />
formalize their recommendations to the <strong>City</strong> Council for appointment at a regular<br />
Council meeting.<br />
Alternative 3: Each Councilmember shall appoint one member to the Planning<br />
Commissioner and the remaining two are appointed by a majority vote <strong>of</strong> the entire <strong>City</strong><br />
Council. This alternative will require a formal amendment to the <strong>Kerman</strong> Municipal<br />
Code. Moreover, this alternative could be more complicated to track.<br />
Staff recommends that the <strong>City</strong> Council select one <strong>of</strong> the above recommended<br />
Alternatives or another option that they may prefer and adopt procedures for selecting<br />
and appointing members to the <strong>Kerman</strong> Planning Commission. If a decision is made; the<br />
"New Selection Procedure" can be developed into a Resolution and placed on a future<br />
consent calendar agenda for formal approval.<br />
Recommendation: Staff recommends that the <strong>City</strong> Council select one <strong>of</strong> the<br />
recommended alternatives or another option and adopt procedures for selecting and<br />
appointing members to the <strong>Kerman</strong> Planning Commission. The "New Selection<br />
Procedure" will be developed into a Resolution and placed on a future consent calendar<br />
agenda for formal approval.<br />
9
7.C Request for Qualifications (RFQ) for Solar Photovoltaic Project at Wastewater<br />
Treatment Plant [LP]<br />
Staff has prepared a Request for Qualifications (RFQ) to solicit information from<br />
qualified solar firms for the development <strong>of</strong> a solar photovoltaic project at the<br />
Wastewater Treatment Plant (WWTP). Staff is proposing to partner with a qualified solar<br />
firm to explore the feasibility <strong>of</strong> designing, financing, building, and maintaining a solar<br />
project at the WWTP through a Power Purchase Agreement (PPA).<br />
The recently expanded WWTP has resulted in additional treatment capacity to<br />
accommodate future growth and development. The expanded plant has also resulted in<br />
increased energy use and costs as well. Staff would like to explore the possibility <strong>of</strong><br />
lowering or <strong>of</strong>fsetting the energy cost for operating the WWTP through the installation <strong>of</strong><br />
a solar photovoltaic system.<br />
The RFQ will be sent out to several firms that specialize in such projects and that have a<br />
demonstrated history <strong>of</strong> designing, financing, developing and maintaining similar solar<br />
facilities. As part <strong>of</strong> the RFQ, staff will form a committee comprised <strong>of</strong> the following<br />
individuals: Director <strong>of</strong> Planning and Development, Public Works Director, Finance<br />
Director, and the Kings River Conservation District. The committee will be charged with<br />
reviewing the RFQ's submitted, interviewing the respondents, and recommending the top<br />
solar firm to the <strong>City</strong> Council for purposes <strong>of</strong> negotiating a power purchase agreement.<br />
The RFQ is the first step in the process <strong>of</strong> evaluating the feasibility <strong>of</strong> a solar<br />
photovoltaic system with a qualified solar company. The <strong>City</strong> Council will have the final<br />
authority to enter into a power purchase agreement with the selected firm.<br />
Recommendation: That the <strong>City</strong> Council direct staff to proceed with the release <strong>of</strong> a<br />
Request for Qualifications (RFQ) to qualified solar firms for the development <strong>of</strong> a solar<br />
photovoltaic system at the Wastewater Treatment Plant.<br />
8. COUNCIL REPORTS<br />
8.A Mayor’s Report<br />
Chamber <strong>of</strong> Commerce Volunteer Appreciation Dinner – February 7, 2012, 6:00 p.m.<br />
8.B Council Members’ Reports<br />
COUNCIL ADJOURN INTO CLOSED SESSION<br />
9. CLOSED SESSION<br />
9.A Closed Session Pursuant to Government Code Section 54957: Public Employee<br />
Discipline/Dismissal/Releases<br />
9.B Conference with Legal Counsel - Anticipated Litigation Significant exposure to<br />
litigation pursuant to subdivision (b) <strong>of</strong> Section 54956.9: Clark Brothers, Inc. v. <strong>City</strong> <strong>of</strong><br />
<strong>Kerman</strong> (re: Wastewater Treatment Plant Construction)<br />
10
9.C Government Code Section 54956.9(a) - Pending Litigation: Subdivision, Tract # 5478,<br />
Pacific Mountain Partners, LLD<br />
9.D Government Code Section 54957 - <strong>City</strong> Manager Recruitment Update<br />
9.E Government Code Section 54957.6 - Post Retirement Agreement with Ron Manfredi -<br />
Labor Negotiator Services<br />
9.F Government Code Section 54957.6 - Employer/Employee Relations, Meet and Confer<br />
COUNCIL RECONVENE FROM CLOSED SESSION<br />
10. ADJOURNMENT<br />
11
Non Residential New Construction Program<br />
Post Installation Verification Report<br />
Project Name:<br />
<strong>City</strong> <strong>of</strong> <strong>Kerman</strong> WWTP Expansion<br />
Project Number:<br />
92606<br />
Location:<br />
15485 W. Church Avenue, <strong>Kerman</strong>, CA 93630<br />
Construction Completion Date:<br />
10/30/2011<br />
Application Date:<br />
8/12/2008<br />
Meter Numbers:<br />
PGE 0568R7<br />
Facility Contact Name:<br />
Tim Przybyla<br />
Facility Contact Phone No.:<br />
559-846-9382<br />
Inspected By: Ahmad Ganji & Ricardo Sfeir<br />
Inspection Date:<br />
11/16/2011<br />
Inspector Company:<br />
BASE Energy, Inc.<br />
Inspector Phone No.:<br />
415-543-1600<br />
Post-Installation Report By:<br />
Lana Bonotan Agot<br />
Report Date:<br />
1/3/2012<br />
Project description and background:<br />
<strong>City</strong> <strong>of</strong> <strong>Kerman</strong> Wastewater Treatment Plant expanded and upgraded its existing wastewater treatment facility located in <strong>Kerman</strong>, California from 1.2 MGD to 2.0 MGD.<br />
Projects<br />
The following results were obtained during the field visit:<br />
EEM #<br />
Description<br />
EEM 1<br />
EEM 2<br />
EEM 3<br />
EEM 4<br />
EEM 5 High Efficiency Fine Bubble Diffusers<br />
Automatic DO Control System and VFDs on<br />
CPC11<br />
Installed Higher Efficiency Coarse Bubble Diffusers<br />
EEM 6 Biolac Pond Aeration Blowers<br />
High Efficiency Fine Bubble Diffusers in Biolac<br />
CPC40<br />
Installed<br />
EEM 7 Pond<br />
CPC11<br />
Installed<br />
Note: Attach additional worksheets (see "Info") as needed to document equipment findings (manufacturer, models, sizes, spec's, etc)<br />
Report Author:<br />
Premium Efficiency Motors<br />
High Efficiency Pumps<br />
Automatic DO Control System and VFDs on<br />
Aerobic Digester Blowers<br />
No (If no, attach worksheets as needed for revised calculations)<br />
Savings Results (add new rows as needed)<br />
Following are the initial and final verified energy savings and incentive results:<br />
Initial Savings Estimate<br />
EEM 1<br />
EEM 2<br />
EEM 3<br />
EEM 4<br />
EEM 5<br />
EEM 6<br />
EEM 7<br />
Screw Press for Dewatering Sludge<br />
Original NRNC Commitment Report Number:<br />
EEM #<br />
Original Grand Total<br />
Final Verified Savings<br />
EEM #<br />
EEM 1<br />
EEM 2<br />
EEM 3<br />
EEM 4<br />
EEM 5<br />
EEM 6<br />
EEM 7<br />
Final Grand Total<br />
Are all original savings and incentive estimates valid?:<br />
Name:<br />
Measure Code<br />
CPC20<br />
CPC31<br />
CPC40<br />
CPC50<br />
92606<br />
Some premium efficiency motors were installed<br />
Installed<br />
Luke Werner & Sandra Chow<br />
Savings Estimates<br />
Incentive Rates Incremental Cost<br />
Calculated Incentive<br />
Actual<br />
Electric<br />
Energy<br />
Electric Demand Gas Energy<br />
Electric<br />
Energy<br />
Electric<br />
Demand<br />
Gas Energy<br />
Total 50%<br />
Energy<br />
Incentive<br />
Demand<br />
Incentive<br />
Incentive (with<br />
Total Incentive caps)<br />
(kWh) (kW) (therms) ($/kWh) ($/kW) ($/therm) ($) ($) ($) ($) ($) ($)<br />
18,185 2.2 $0.09 $100 $1 $12,173 $1,637 $220 $1,857<br />
65,621 9.0 $0.09 $100 $1 $20,000 $5,906 $900 $6,806<br />
73,865 8.4 $0.09 $100 $1 $38,700 $6,648 $840 $7,488<br />
29,452 13.5 $0.09 $100 $1 $55,400 $2,651 $1,350 $4,001<br />
100,336 11.5 $0.09 $100 $1 $63,000 $9,030 $1,150 $10,180<br />
207,269 23.7 $0.09 $100 $1 $71,900 $18,654 $2,370 $21,024<br />
278,606 31.8 $0.09 $100 $1 $126,000 $25,075 $3,180 $28,255<br />
773,334 100.1 0 $387,173 $193,587 $69,600 $10,010 $79,610 $79,610<br />
Savings Estimates<br />
Incentive Rates Incremental Cost<br />
Calculated Incentive<br />
Actual<br />
Electric<br />
Energy<br />
Electric Demand Gas Energy<br />
Electric<br />
Energy<br />
Electric<br />
Demand<br />
Gas Energy<br />
Total 50%<br />
Energy<br />
Incentive<br />
Demand<br />
Incentive<br />
Incentive (with<br />
Total Incentive caps)<br />
(kWh) (kW) (therms) ($/kWh) ($/kW) ($/therm) ($) ($) ($) ($) ($) ($)<br />
7186.3 0.82 $0.09 $100 $1 $10,090 $647 $82 $729<br />
622.5 0.00 $0.09 $100 $1 $20,000 $56 $0 $56<br />
67216.7 7.67 $0.09 $100 $1 $38,700 $6,050 $767 $6,817<br />
17670.3 2.02 $0.09 $100 $1 $55,400 $1,590 $202 $1,792<br />
96061.8 10.97 $0.09 $100 $1 $63,000 $8,646 $1,097 $9,742<br />
43053.8 4.91 $0.09 $100 $1 $71,900 $3,875 $491 $4,366<br />
121871.9 13.91 $0.09 $100 $1 $126,000 $10,968 $1,391 $12,360<br />
353683.4 40.30 0 $385,090.00 $192,545.00 $31,831.50 $4,030.38 $35,861.88 $35,861.88<br />
General Comments<br />
(add any other general comments and notes)<br />
The current flows at the facility are 1.2 MGD, which is 60% <strong>of</strong> the projected flow <strong>of</strong> 2.0 MGD (flow used in original SBD report). The savings calculations have been revised to reflect the current<br />
average flow <strong>of</strong> 1.2 MGD.<br />
Findings<br />
Some high efficiency pumps were installed<br />
Installed Coarse Bubble Diffusers and VFD on Aeration Blowers<br />
Report Date:<br />
Adam Fernandez Title: Senior Mechanical Engiener<br />
1/12/2012<br />
Comments<br />
See "Revised Calc_EEM No. 1" worksheet for details<br />
See "Revised Calc_EEM No. 2" worksheet for details<br />
See "Revised Calc_EEM No. 3" worksheet for details<br />
See "Revised Calc_EEM No. 4" worksheet for details<br />
See "Revised Calc_EEM No. 5" worksheet for details<br />
See "Revised Calc_EEM No. 6" worksheet for details<br />
See "Revised Calc_EEM No. 7" worksheet for details<br />
Note: Total actual incentive (with caps) may not equal the sum <strong>of</strong> the individual EEM incentives because it is based on 50% <strong>of</strong> the total incremental cost <strong>of</strong> all measures. Also, the total savings numbers may not equal the sum <strong>of</strong> the<br />
individual measure savings due to interactive effects.<br />
PG&E Approvals<br />
Reviewed & Approved By:<br />
Date:<br />
12<br />
Company:<br />
7/2009<br />
BASE Energy, Inc.<br />
report version 7-14-09
Tactics<br />
Flowchart for Comprehensive Energy Efficiency Outreach<br />
for <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> (<strong>Kerman</strong> Energy Faire)<br />
All small and medium businesses in <strong>Kerman</strong> will be contacted and invited to the<br />
Energy Faire<br />
All residential customers will be contacted though mass media, and the highest 10%<br />
energy‐users will be contacted directly<br />
Messaging will include invitation for free home energy tuneup ($500 value)for all<br />
residents<br />
Utilize local schools to get the message to the parents<br />
Provide entertainment for the kids i.e. bounce house, etc.<br />
Provide food – possibly local youth group troop – (hot dogs, sodas)<br />
Energy Faire participants (booths) include:<br />
<strong>City</strong> <strong>of</strong> <strong>Kerman</strong><br />
<strong>City</strong> <strong>of</strong> <strong>Kerman</strong> (Water Conservation Program)<br />
PG&E<br />
<strong>City</strong> <strong>of</strong> Fresno (Home Energy Tuneup)<br />
RHA (business outreach)<br />
Mid Valley Disposal (Recycling)<br />
EDC/BEAR Action Network –Business Resources<br />
13<br />
1
FigTree Lending (PACE Financing for businesses)<br />
Local Hardware stores energy‐related products for sale<br />
Desired Outcomes:<br />
20 business audits<br />
50 residential tuneups<br />
increased participation in Energy Upgrade California Program<br />
increased sign up for PG&E’s On Bill Financing Program<br />
businesses financing EE improvements through California PACE Program<br />
increased awareness by the entire community that energy costs are not fixed, can be<br />
controlled and comfort and productivity improved<br />
more discretionary income circulating in the local economy<br />
Business Energy Savings = Local Business Opportunities<br />
14<br />
2
More Discretionary<br />
Income $ to<br />
taxpayers<br />
15<br />
3
KERMAN CITY COUNCIL MINUTES<br />
COUNCIL MEETING<br />
<strong>Kerman</strong> <strong>City</strong> Hall<br />
January 18, 2012– Regular Meeting 850 S. Madera Avenue<br />
6:30 PM<br />
<strong>Kerman</strong>, CA 93630<br />
<strong>City</strong> Council: Mayor Gary Yep, Raj Dhaliwal, Jack Sidhu, Richard Stockwell, Doug Wilcox,<br />
Present: Mayor Yep (GY), Council Members, Dhaliwal (RD), Sidhu (JS), Wilcox (DW) Stockwell (RS)<br />
Absent:<br />
Also Present: <strong>City</strong> Manager Manfredi, <strong>City</strong> Attorney Blum, Finance Director, Public Works Director,<br />
Community Services Director, Sergeant Madruga<br />
WELCOME - Mayor Gary K. Yep<br />
CALL TO ORDER<br />
ROLL CALL - <strong>City</strong> Clerk Marci Reyes<br />
INVOCATION - As Offered<br />
PLEDGE OF ALLEGIANCE – <strong>City</strong> Clerk Marci Reyes<br />
Voting Key:<br />
Yes, No, Absent<br />
(Abstain if<br />
necessary)<br />
6:30 p.m.<br />
All present<br />
Performed<br />
1. AGENDA APPROVAL Approved JS/RS<br />
(5-0-0)<br />
2. PRESENTATIONS/COMMENDATIONS No<br />
Presentations<br />
REQUEST TO ADDRESS COUNCIL<br />
3. PUBLIC HEARINGS / PUBLIC MEETING – 6:30 p.m. No Public<br />
Hearing<br />
4. CONSENT CALENDAR (Items that are not pulled from the Consent Calendar are<br />
approved by a single motion.)<br />
4.A Approval <strong>of</strong> Minutes:<br />
Minutes - 12/21/2011<br />
4.B Payroll Report:<br />
Report: December 11, 2011 - December 24, 2011: $130,572.22; Overtime:<br />
$2,726.91; Standby & FTO: $1,160.71; Comp Time Earned: 12.75<br />
Report: Nov. 27, 2011 - Dec. 10, 2011: $125,640.44; Overtime: $3,215.27;<br />
Standby & FTO: $1,327.73; Comp Time Earned: 19 hours.<br />
4.C Warrants:<br />
Warrant Nos. 34188 - 34342 $426,395.37<br />
Excepting: Valley Food Center - #34222 - $6.19<br />
Kerwest Newspapers - #34339 - $275.50<br />
16<br />
Approved<br />
Except warrants<br />
34222/34339<br />
DW/RS<br />
(5-0-0)<br />
Approved<br />
34222 RS/RD<br />
(4-0-1) GY<br />
34339 RS/RD<br />
(4-0-1) DW
4.D Monthly <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> Investment Report for the Month Ended<br />
December 31, 2011 [TLP]<br />
See attached report.<br />
Recommendation: Council approve the Monthly Investment Report as<br />
presented.<br />
4.E Resolution: <strong>City</strong> Council Authorizing the Submittal <strong>of</strong> Phase V<br />
Expansion Proposal (<strong>City</strong> <strong>of</strong> Clovis, <strong>City</strong> <strong>of</strong> Kingsburg, County <strong>of</strong><br />
Fresno) to the California Department <strong>of</strong> Housing and Community<br />
Development (HCD) [RM]<br />
Recommendation: Council Approve Resolution <strong>of</strong> the <strong>City</strong> Council<br />
Authorizing the Submittal <strong>of</strong> Phase V Expansion Proposal (<strong>City</strong> <strong>of</strong> Clovis,<br />
<strong>City</strong> <strong>of</strong> Kingsburg, County <strong>of</strong> Fresno) to the California Department <strong>of</strong><br />
Housing and Community Development<br />
5. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AGREEMENTS, ETC<br />
5.A Resolution: Approval <strong>of</strong> Agreement for Community Development<br />
Block Grant Funds for Del Norte Avenue Sewer Trunk Line [GH]<br />
Recommendation: We recommend that the Council adopt the attached<br />
Resolution approving the Agreement for CDBG funds for the Del Norte<br />
Sewer Trunk Line Project and authorize the Mayor to sign the Agreement<br />
on behalf <strong>of</strong> the <strong>City</strong>.<br />
5.B Resolution: <strong>City</strong> Council to Affirm Intent to Serve as Successor<br />
Agency/Successor Housing Agency to the Dissolving <strong>Kerman</strong><br />
Redevelopment Agency [LP/TP]<br />
Recommendation: That the <strong>City</strong> Council considers the following actions:<br />
1. That the <strong>City</strong> Council adopt the attached resolution, affirming its intent<br />
to serve as both the Successor Agency and Successor Housing Agency<br />
to the <strong>Kerman</strong> Redevelopment Agency, and directing staff to file the<br />
appropriate notification <strong>of</strong> these actions in accordance with the<br />
Dissolution Act.<br />
2. That the <strong>City</strong> Council authorize the Mayor and the <strong>City</strong> Manager to<br />
submit letters and take other action supporting urgency efforts for<br />
legislation to postpone effective date <strong>of</strong> dissolution <strong>of</strong> redevelopment<br />
agencies, currently schedule for February 1, 2012.<br />
5.C Resolution: Post Retirement Agreement with Ron Manfredi - Labor<br />
Negotiator Services [MB]<br />
Recommendation: Council approval Resolution regarding contract with<br />
Ron Manfredi for Labor Negotiator Services.<br />
17<br />
Approved<br />
DW/RS<br />
(5-0-0)<br />
Approved<br />
DW/RS Staff<br />
recommendation<br />
items 1 & 2<br />
(5-0-0)<br />
RD/JS (5-0-0) to<br />
move item to<br />
after Closed<br />
Session
5.D Resolution: Approving a Cooperative Agreement Between the <strong>City</strong> <strong>of</strong><br />
<strong>Kerman</strong> and CalTrans for Improvements State Route 180 [RM/GH]<br />
Recommendation: Council approve Resolution for Cooperative<br />
Agreement <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> and Caltrans - Improvements State Route 180<br />
and authorize <strong>City</strong> Manager to sign agreement per final review and final<br />
approval <strong>of</strong> agreement by <strong>City</strong> Attorney.<br />
DW/RS<br />
(4-0-0-1) JS –<br />
“property too<br />
close to project”<br />
6. WRITTEN COMMUNICATIONS No Written<br />
Communications<br />
7. ADMINISTRATIVE REPORTS<br />
7.A Five-Year Capital Improvement Program - Sewer and Water [KM] Presented<br />
Recommendation: Recommendation: Council review and comment on<br />
material submitted. Final adoption <strong>of</strong> the CIP will be in March or April<br />
2012.<br />
7.B Consideration <strong>of</strong> Planning Commission Vacancy [RM]<br />
Recommendation: Council, at its December 7, 2011 meeting had<br />
previously voted to appoint Mr. Melgoza and Mr. Harris to the two<br />
available Planning Commission posts. Since Mr. Melgoza has<br />
reaffirmed his desire to serve on the Planning Commission it would be<br />
reasonable to go forward with the appointment and thank and<br />
recognize Mr. Nehring for his previous service. If the Council wishes to<br />
consider another option; a formal voted to repeal the appointment(s)<br />
would be necessary.<br />
8. COUNCIL REPORTS<br />
8.A Mayor’s Report<br />
1. <strong>Kerman</strong> Chamber <strong>of</strong> Commerce Volunteer Appreciation Dinner -<br />
February 7, 2012, 6:00 p.m. Community Teen Center<br />
8.B Council Members’ Reports<br />
COUNCIL RECESS TO CONVENE AS THE REDEVELOPMENT AGENCY<br />
COUNCIL RECONVENE AS THE CITY COUNCIL<br />
COUNCIL ADJOURN INTO CLOSED SESSION<br />
9. CLOSED SESSION<br />
9.A Government Code Section 54956.9(a) - Pending Litigation: Subdivision,<br />
Tract # 5478, Pacific Mountain Partners, LLD<br />
18<br />
DW/RS (4-1-0)<br />
matter brought<br />
back to future<br />
meeting (Feb 1)<br />
for cc to<br />
reconsider<br />
appointments<br />
and invite<br />
applicants to the<br />
Feb 1 meeting.<br />
CC will revisit<br />
the item to<br />
determine to<br />
reconsider or<br />
change<br />
appointments.<br />
8:47 p.m.<br />
8:52 p.m.<br />
8:53 p.m.<br />
No reportable<br />
action
9.B Conference with Legal Counsel - Anticipated Litigation Significant<br />
exposure to Litigation pursuant to subdivision (b) <strong>of</strong> Section 54956.9:<br />
Clark Brothers, Inc. v. <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> (re: Wastewater Treatment Plant<br />
Construction)<br />
9.C Government Code Section 54957 - Police Chief - Employee Contract<br />
Review<br />
9.D Government Code Section 54957 - <strong>City</strong> Manager Recruitment Update<br />
9.E Government Code Section 54957.6 - Post Retirement Agreement with<br />
Ron Manfredi – Labor Negotiator Services<br />
9.F Government Code Section 54957.6 - Employer/Employee Relations, Meet<br />
and Confer<br />
COUNCIL RECONVENE FROM CLOSED SESSION<br />
Item 5C moved to after Closed Session<br />
5.C Resolution: Post Retirement Agreement with Ron Manfredi - Labor<br />
Negotiator Services [MB]<br />
No reportable<br />
action<br />
No reportable<br />
action<br />
No reportable<br />
action<br />
No reportable<br />
action<br />
No reportable<br />
action<br />
9:58 p.m.<br />
No reportable<br />
action on 5C<br />
continue to next<br />
meeting<br />
10. ADJOURNMENT 9:59 p.m.<br />
19
CITY OF KERMAN<br />
PAYROLL REPORT<br />
PAY PERIOD: December 25, 2011 - January 07, 2012<br />
AGENDA ITEM 4.1.B<br />
RETRO PAY OVER TIME STANDBY & FTO GROSS COMP TIME<br />
EMPLOYEE<br />
ADMINISTRATION<br />
SALARY & Other HOURS AMOUNT HOURS AMOUNT SALARY EARNED<br />
2Manfredi, Ron $ 5,454.92 $ - - $ -<br />
- $ - $ 5,454.92<br />
15 Gonzalez, Diana $ 1,747.85 $ - - $ -<br />
- $ - $ 1,747.85<br />
87 Madruga, Lydia $ 1,966.15 $ - - $ -<br />
- $ - $ 1,966.15<br />
299 Przybyla, Tim $ 3,697.85 $ - - $ -<br />
- $ - $ 3,697.85<br />
332 Alvarez, Josefina $ 350.77 $ - - $ -<br />
- $ - $ 350.77<br />
350 Jones, Toni $ 2,411.54 $ - - $ -<br />
- $ - $ 2,411.54<br />
375 Reyes, Marcia $ 2,234.31 $ - - $ -<br />
- $ - $ 2,234.31<br />
435 Nazar<strong>of</strong>f, Helen $ 1,533.23 $ - - $ -<br />
- $ - $ 1,533.23<br />
481 Valdez, Gloria $ 96.00 $ - - $ -<br />
- $ - $ 96.00<br />
TOTAL $ 19,492.62 $ - - $ -<br />
- $ - $ 19,492.62 0.00<br />
REC/SOCIAL<br />
11 Gallegos, Philip $ 3,630.92 $ - -<br />
35 Arredondo, Barbara $ 1,433.54 $ - -<br />
76 Wright, Judy $ 1,365.23 $ - -<br />
97 Gonzalez, Jose Felix $ 1,475.54 $ - -<br />
233 Moore, Nancy $ 1,858.15 $ - -<br />
237 Salvador, Mark $ 1,766.31 $ - -<br />
292 Silva, Jessica $ 305.25 $ - -<br />
361 Lujan, Vanessa $ 227.50 $ - -<br />
431 Laurissa, Gallardo $ 1,525.38 $ - -<br />
TOTAL $ 13,587.83 $ - -<br />
POLICE<br />
29 Rodrigues, Mary $ 1,691.08 $ - -<br />
59 Madruga, Ron $ 2,850.92 $ - 6.00<br />
69 Chapman, Tom $ 2,167.85 $ - -<br />
101 Cubillos, Teresa $ 2,715.23 $ - -<br />
245 Barbosa, Isaias $ 2,167.85 $ - -<br />
291 Ramirez, Donald $ 1,691.08 $ - 4.00<br />
296 Mendoza, Sandra $ 1,919.08 $ - 7.00<br />
330 Gamez, Jay $ 1,716.46 $ - -<br />
334 Shwetzer, Krist<strong>of</strong>er $ 1,698.46 $ 1,132.67 -<br />
343 Davis, Jeff $ 2,497.85 $ - -<br />
354 Ness, Lee $ 2,211.23 $ - -<br />
363 Barcoma, Wilbert $ 2,178.46 $ - 7.00<br />
369 Ramer, Joseph $ 1,231.38 $ - 11.00<br />
402 Nevis, James $ 2,167.85 $ - -<br />
423 Magallon, Peter $ 1,919.08 $ - 4.00<br />
425 Belding, Jeff $ 1,909.85 $ - -<br />
439 Singh, Amrit $ 1,617.70 $ 2,379.39 2.00<br />
442 Antuna, Eric $ 1,698.46 $ - -<br />
458 Nelson, Christopher J $ 2,586.00 $ - -<br />
459 Milchovich, Lindsay $ 1,617.69 $ - -<br />
468 Tiwana, Manpreet $ 960.00 $ - -<br />
474 Blohm, Joseph $ 3,330.00 $ - -<br />
476 Rodriguez, Erika $ 1,080.00 $ - -<br />
478 O'Bar, Joshua $ 1,140.00 $ - -<br />
479 Attkisson, Joseph $ 1,080.00 $ - -<br />
480 Gonzales, Samantha $ 1,080.00 $ - -<br />
TOTAL: $ 48,923.55 $ 3,512.06 41.00<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ 320.73 -<br />
$ - 74.00<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ 126.83 -<br />
$ 251.88 80.00<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ 285.92 -<br />
$ 253.97 -<br />
$ -<br />
-<br />
$ 143.93 80.00<br />
$ -<br />
-<br />
$ 60.66 -<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ 1,443.93 234.00<br />
Page 1 <strong>of</strong> 2<br />
20<br />
$ - $ 3,630.92<br />
$ - $ 1,433.54<br />
$ - $ 1,365.23<br />
$ - $ 1,475.54<br />
$ - $ 1,858.15<br />
$ - $ 1,766.31<br />
$ - $ 305.25<br />
$ - $ 227.50<br />
$ - $ 1,525.38<br />
$ - $ 13,587.83 0.00<br />
$ - $ 1,691.08<br />
$ - $ 3,171.65<br />
$ 50.13 $ 2,217.98<br />
$ - $ 2,715.23<br />
$ - $ 2,167.85<br />
$ - $ 1,817.91<br />
$ 47.98 $ 2,218.93<br />
$ - $ 1,716.46<br />
$ - $ 2,831.13<br />
$ - $ 2,497.85<br />
$ - $ 2,211.23<br />
$ - $ 2,464.38<br />
$ - $ 1,485.36<br />
$ - $ 2,167.85<br />
$ 47.98 $ 2,110.98<br />
$ - $ 1,909.85<br />
$ - $ 4,057.75<br />
$ - $ 1,698.46<br />
$ - $ 2,586.00<br />
$ - $ 1,617.69<br />
$ - $ 960.00<br />
$ - $ 3,330.00<br />
$ - $ 1,080.00<br />
$ - $ 1,140.00<br />
$ - $ 1,080.00<br />
$ - $ 1,080.00<br />
$ 146.09 $ 54,025.62 0.00
CITY OF KERMAN<br />
PAYROLL REPORT<br />
PAY PERIOD: December 25, 2011 - January 07, 2012<br />
AGENDA ITEM 4.1.B<br />
RETRO PAY OVER TIME STANDBY & FTO GROSS COMP TIME<br />
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT SALARY EARNED<br />
PUBLIC WORKS<br />
8Gonzales, Ruben $ 1,888.15 $ - -<br />
20 Rodriguez, Joe $ 1,842.92 $ - -<br />
25 Prieto, Ruben $ 1,654.62 $ - -<br />
26 Gruce, Robert $ 2,382.00 $ - -<br />
27 Hearld, Douglas $ 373.41 $ - -<br />
134 Ramirez, Manuel $ 1,613.08 $ - 2.00<br />
172 Chavez, Fernando M. $ 2,013.23 $ - -<br />
290 Gastelum, Humberto $ 1,804.15 $ - -<br />
298 Barajas, Michael $ 1,670.77 $ - -<br />
322 Castro, Joseph $ 1,575.69 $ - -<br />
349 Arechiga, Pastor $ 1,464.00 $ - -<br />
405 Sidhu, Nirmal $ 315.60 $ - -<br />
378 Sanchez, Daniel $ 1,373.54 $ - 17.00<br />
389 Zapata, Domingo $ 1,705.38 $ - -<br />
329 Moore, Ken $ 3,670.62 $ - -<br />
379 Hodges, Thomas $ 1,308.46 $ - -<br />
418 Medeiros, Cheryl $ 1,713.69 $ - -<br />
460 Vallejo, Edward $ 1,546.62 $ - 8.50<br />
TOTAL<br />
PLANNING<br />
$ 29,915.93 $ - 27.50<br />
37 Pimentel, Olivia $ 2,063.54 $ - -<br />
234 Kufis, Chris $ 2,244.00 $ - -<br />
326 Fonseca, Monica $ 1,341.69 $ - -<br />
414 Patlan, Luis $ 4,154.31 $ - -<br />
TOTAL $ 9,803.54 $ - -<br />
PLANNING COUNCIL<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ 60.49 -<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ 515.08 24.00<br />
$ -<br />
2.25<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ 265.82 21.75<br />
$ 841.39 48.00<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ -<br />
-<br />
$ - $ 1,888.15<br />
$ - $ 1,842.92<br />
$ - $ 1,654.62<br />
$ - $ 2,382.00<br />
$ - $ 373.41<br />
$ - $ 1,673.57<br />
$ - $ 2,013.23<br />
$ - $ 1,804.15<br />
$ - $ 1,670.77<br />
$ - $ 1,575.69<br />
$ - $ 1,464.00<br />
$ - $ 315.60<br />
$ 412.06 $ 2,300.68<br />
$ 47.96 $ 1,753.35<br />
$ - $ 3,670.62<br />
$ - $ 1,308.46<br />
$ - $ 1,713.69<br />
$ 420.49 $ 2,232.93<br />
$ 880.51 $ 31,637.84 $ -<br />
$ - $ 2,063.54<br />
$ - $ 2,244.00<br />
$ - $ 1,341.69<br />
$ - $ 4,154.31<br />
$ - $ 9,803.54 0.00<br />
Arabian, M $ -<br />
Stockwell $ -<br />
Epperson, R $ -<br />
Dhaliwal $ -<br />
Fox, Nathan $ -<br />
Sidhu $ -<br />
Nehring, K $ -<br />
Wilcox $ -<br />
Brar, P $ -<br />
Yep $ -<br />
Lopez, Michael $ -<br />
Bandy, Robert $ -<br />
Total $ -<br />
Total $ -<br />
GRAND TOTAL: $121,723.46 $3,512.06 68.50<br />
VEHICLE ALLOWANCE<br />
11 Gallegos, Philip $675<br />
Page 2 <strong>of</strong> 2<br />
21<br />
$2,285.32 282.00<br />
$1,026.60 $ 128,547.43 0.00
POLICE DEPARTMENT<br />
Overtime Categories - Number <strong>of</strong> Hours<br />
Regular Shift Collateral Special Avoid the<br />
Overtime Training Coverage Duties Detail 21-Grant Total<br />
10 6 25 41<br />
DOUBLE TIME: (Sunday)<br />
PUBLIC WORKS DEPARTMENT<br />
Overtime Categories - Number <strong>of</strong> Hours<br />
Water Sewer Emer Animal Control Emergency Call Back On Call<br />
Service (on/<strong>of</strong>f) Scada PW Repairs (not On-call emp) Duties Total<br />
4 2.5 5 2 4 17.5<br />
DOUBLE TIME: (Sunday)<br />
COMMUNITY SERVICES DEPARTMENT<br />
2 8 10<br />
Regular<br />
Overtime Categories - Number <strong>of</strong> Hours<br />
After Hour<br />
Overtime Training Event Other Total<br />
FINANCE / PLANNING DEPARTMENTS<br />
Regular<br />
Overtime Categories - Number <strong>of</strong> Hours<br />
Utility Year End<br />
Overtime Billing Payroll Dog Clinic Audit Total<br />
Police Dept:<br />
Regular overtime occurs when a incident occurs at the end <strong>of</strong> a shift and the <strong>of</strong>ficer needs<br />
extra time to complete paperwork, etc.<br />
Staffing overtime occurs when an <strong>of</strong>ficer is called in to work to cover for an absence such<br />
as vacation time or sick leave.<br />
Collateral Duties overtime occurs when <strong>of</strong>ficers are required to do additional duties such<br />
as Neighborhood Watch programs, recording evidence etc.<br />
Special Detail overtime occurs when special police action is required.<br />
PUBLIC WORKS DEPARTMENT<br />
On Call Duties<br />
Read Wells<br />
Animal Maintenance<br />
Park Maintenance<br />
CITY OF KERMAN<br />
OVERTIME SUPPLEMENTAL PAYROLL REPORT<br />
PAY PERIOD - 12/25/11-01/07/12<br />
AGENDA ITEM 4.B.1<br />
Total Hours (All Departments) 68.5<br />
Gen Share/Finance Shared/Payroll/Council Overtime Report 22<br />
0<br />
0<br />
0
AGRICULTURAL LEASE OF REAL PROPERTY<br />
THIS AGREEMENT, is to be effective this 1st day <strong>of</strong> January, 2012, by and<br />
between the CITY OF KERMAN, a municipal corporation, hereinafter known and<br />
designated as Lessor, and David Bufkin ,hereinafter known and designated as<br />
Lessee.<br />
WITNESSETH:<br />
That the Lessor for and in consideration <strong>of</strong> the terms, covenant and agreements<br />
hereinafter set forth and which are required to be kept and performed by the<br />
Lessee, and in further consideration <strong>of</strong> the rental hereinafter mentioned, payable<br />
and to be paid by the Lessee to the Lessor at the time and in the manner<br />
hereinafter mentioned, hereby leases and lets unto the said Lessee for the term<br />
hereinafter specified, the following real property (referred to herein as the<br />
"Premises") consisting <strong>of</strong> approximately 38 acres situated in the County <strong>of</strong> Fresno,<br />
State <strong>of</strong> California described as:<br />
NW 1/4 <strong>of</strong> NW 1/4 <strong>of</strong> Section 13, Twn. 14 S, Range 17E. M.D.B.&M.<br />
APN. 023-060-15 40 acres less house 39 acres (more or less).<br />
THE PARTIES HERETO, EACH TO THE OTHER EXPRESSLY<br />
COVENANT, PROMISE AND AGREE AS FOLLOWS:<br />
I<br />
TERM, EXTENSION AND EARLY TERMINATION<br />
That the term <strong>of</strong> this lease shall be for a one (1) year period <strong>of</strong> time commencing<br />
with the 1st day <strong>of</strong> January 2012, and terminating on the 31 st day <strong>of</strong> December<br />
2012. Irrespective <strong>of</strong> the foregoing termination date, if at expiration <strong>of</strong> the term <strong>of</strong><br />
this lease, or the earlier termination pursuant to the provisions herein, the Lessee<br />
has not fully harvested any crop then growing upon the leased premises, the<br />
Lessee shall have the right to re-enter upon said premises to harvest the crop,<br />
provided however, that this right <strong>of</strong> entry shall expire 90 days after the term <strong>of</strong> this<br />
lease.<br />
The parties acknowledge that Lessor has acquired this land for the eventual<br />
construction <strong>of</strong> a park and recreation facility, and that Lessor may at any time give<br />
notice that this Lease, or any extension <strong>of</strong> it, shall terminate upon the completion<br />
<strong>of</strong> harvest in any crop year. Parties agree that <strong>City</strong> may terminate this Lease for<br />
imminent park development <strong>of</strong> the whole premises or only a portion <strong>of</strong> the<br />
premises, subject to the provisions for completion <strong>of</strong> harvest set forth above.<br />
II<br />
RENT<br />
36
That the Lessee shall pay to the Lessor as rent for the leased premises and<br />
personal property the following sums, to wit:<br />
A. The Lessee shall pay to the Lessor the sum <strong>of</strong> Six Thousand Eight<br />
Hundred Twenty Dollars ($6,820.00) as rent.<br />
III<br />
PURPOSE AND MANAGEMENT<br />
That this being an agricultural lease <strong>of</strong> land to be used for producing row<br />
crops, the Lessee shall make the land productive using the leased premises solely<br />
for farming purposes as outlined herein. The Lessee shall have the use <strong>of</strong> any<br />
crop allotment allocated to the leased Premises for any crop year in which Lessee<br />
occupies the Premises, and the Lessee may farm the same in combination with<br />
any other real property <strong>of</strong> which the Lessee is the owner, operator or has an<br />
interest provided that such use shall at all times conform to the rules and<br />
regulations <strong>of</strong> the Department <strong>of</strong> Agriculture or other applicable authority and shall<br />
not cause said allotment to be jeopardized or penalized in any manner with<br />
respect to the real properly which is the subject matter <strong>of</strong> this lease, and in this<br />
regard any such allotment shall revert to the Lessor at the expiration <strong>of</strong> the term <strong>of</strong><br />
this lease. The Lessee shall farm the leased premises in accordance with the<br />
accepted practices <strong>of</strong> husbandry in the area not permitting or suffering any waste<br />
thereon and keeping down and controlling the growth <strong>of</strong> noxious weeds and<br />
grasses or other pests. Subject to the foregoing provisions the crop or crops to be<br />
grown on the subject real properly and the amount there<strong>of</strong> shall be as the Lessee<br />
may determine. The Lessee acknowledges that the Lessor has not made any<br />
representations or warranties as to the level, fertility, productivity or other condition<br />
<strong>of</strong> the leased Premises or <strong>of</strong> the type or size <strong>of</strong> any allotment relating thereto, and<br />
that the Lessee in leasing the same is relying solely on the inspections, experience<br />
and judgment <strong>of</strong> the Lessee.<br />
IV<br />
EXPENSES<br />
That except as otherwise expressly provided for herein, the Lessee shall<br />
pay all <strong>of</strong> the costs and expenses <strong>of</strong> farming the leased premises and the<br />
irrigating, cultivating, growing, harvesting, producing, delivering and selling <strong>of</strong> the<br />
crop or crops produced thereon, and the Lessor shall not be liable or responsible<br />
for the same; likewise the Lessee shall furnish all <strong>of</strong> the labor, equipment and<br />
materials connected therewith. In addition, the Lessee agrees to pay all charges<br />
for electric power that may be incurred in connection with the farming operations<br />
on said premises, or for other purposes, during the term <strong>of</strong> this lease.<br />
Lessee shall pay any personal or other property taxes assessed on, or any<br />
portion <strong>of</strong> such taxes directly attributable to Lessee’s activities in connection with<br />
this Lease. Lessor will not pay any real property taxes or other fees and<br />
assessments attributable to the Property. As such, any tax or other fee in<br />
37
connection with this Lease, including Fresno Irrigation District (FID) assessments<br />
shall be paid by Lessee.<br />
Any interest in real property which exists as a result <strong>of</strong> possession, exclusive use,<br />
or a right to possession or exclusive use <strong>of</strong> any real property (land or<br />
improvements located therein or thereon) which is owned by the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong><br />
(Lessor) may be a taxable possessory interest under California Revenue &<br />
Taxation Code Section 107.6. With regard to any possessory interest to be<br />
acquired by Lessee under this Lease, Lessee, by its signature(s) hereunto affixed,<br />
warrants, stipulates, confirms, acknowledges and agrees that prior to its executing<br />
this Lease, Lessee either took a copy <strong>of</strong> this Lease to the Office <strong>of</strong> the Fresno<br />
County Tax Assessor or by some other appropriate means independent <strong>of</strong> Lessor<br />
or any employee, agent, or representative <strong>of</strong> Lessor determined, to Lessee's full<br />
and complete satisfaction, how much Lessee will be taxed, if at all. Lessee shall<br />
be responsible to timely pay any possessory interest tax or other tax or<br />
assessment relating to Lessee’s use <strong>of</strong> the premises.<br />
V<br />
IRRIGATION<br />
That the Lessee shall have the use <strong>of</strong> any irrigation water to which said<br />
leased property is entitled from any irrigation district or ditch company, and the<br />
Lessee shall pay any water tolls or charges in connection with the delivery <strong>of</strong> water<br />
to said leased premises by such irrigation district or ditch company.<br />
That the Lessee shall have the use <strong>of</strong> any pumping plant now on said<br />
premises, with water from the well in which said pumping plant is installed, and<br />
that Lessee shall keep said pumping plant in good condition and repair at all times<br />
during the term here<strong>of</strong>, at his sole cost and expense. In this connection, in the<br />
event that any well for irrigation purposes on said premises shall fail during the<br />
term <strong>of</strong> this lease, said well shall be reconditioned or a new well drilled for the<br />
purpose <strong>of</strong> furnishing irrigation water, at the sole cost and expense <strong>of</strong> the Lessor.<br />
Any pipelines or ditches on said premises for the delivery <strong>of</strong> irrigation water to<br />
crops growing thereon shall be kept in reasonable condition and repair at the sole<br />
cost and expense <strong>of</strong> the Lessee during the term here<strong>of</strong>, and any irrigation ditches<br />
shall be kept free and clear <strong>of</strong> weeds and grasses by the Lessee.<br />
VI<br />
ASSIGNMENT<br />
That the Lessee may not assign this lease or sublet any portion <strong>of</strong> the<br />
leased premises without the written consent <strong>of</strong> Lessor, provided, however, that<br />
any such assignment or subletting shall not relieve Lessee from his obligation<br />
pursuant to this lease.<br />
VII<br />
ENTRY AND POSSESSION<br />
38
That the Lessor shall have the right <strong>of</strong> entry upon said leased premises at<br />
all times during the term here<strong>of</strong>, either in person or by nominee, for the purpose <strong>of</strong><br />
inspecting said real property and ascertaining that the promises and covenants <strong>of</strong><br />
the Lessee herein contained are being kept, observed and performed, and at the<br />
expiration <strong>of</strong> the term <strong>of</strong> this lease, or any prior termination here<strong>of</strong>, or any<br />
extension here<strong>of</strong>, the Lessee agrees to surrender possession <strong>of</strong> said Leased<br />
Property to the Lessor in as good condition as the Lessee shall have received the<br />
same, normal wear and tear and loss by casualty not caused by the negligent or<br />
willful act or omission <strong>of</strong> the Lessee excepted, and with the land in a neat and<br />
clean condition. The Lessor agrees that if the Lessee pays the rental for said<br />
leased real property as herein provided and faithfully performs the covenants,<br />
conditions and agreements herein contained on the part <strong>of</strong> the Lessee to be kept,<br />
observed and performed, that the Lessee shall have peaceful possession <strong>of</strong> the<br />
leased premises during the term here<strong>of</strong> without hindrance or interference by the<br />
Lessor. Parties agree that <strong>City</strong> may terminate this Lease for imminent park<br />
development <strong>of</strong> the whole premises or only a portion <strong>of</strong> the premises, subject to<br />
the provisions for completion <strong>of</strong> harvest set forth above.<br />
VIII<br />
CROP WAIVER<br />
That it is understood and agreed that the Lessee may finance the growing<br />
<strong>of</strong> crops on said premises by crop loan, and in this connection if the lender to the<br />
Lessee shall require a waiver by the Lessor with respect to any crops growing on<br />
said leased premises, to be mortgaged as security for such crop loan, the Lessor<br />
agrees that the Lessor will execute said waiver provided that the advance cash<br />
rent for the subject crop year has been paid (to be effective the form <strong>of</strong> said waiver<br />
must be approved in writing by the attorney for the Lessor).<br />
IX<br />
BREACH OR ABANDONMENT<br />
All <strong>of</strong> the agreements, covenants and conditions <strong>of</strong> this lease shall be<br />
deemed material. In the event that the Lessee shall be in default in the<br />
performance <strong>of</strong> any <strong>of</strong> the same, after ten (10) days written notice to comply has<br />
been first served on the Lessee by the Lessor, the Lessor shall have the right, at<br />
the option <strong>of</strong> the Lessor, in addition to any other remedy the Lessor may have, to<br />
terminate this lease and enter into and take immediate possession <strong>of</strong> the leased<br />
premises, and in that event the Lessee shall have no further right, title or interest<br />
therein or to the crop or crops growing thereon. Should the Lessee abandon said<br />
leased premises or the crop or crops growing thereon before the same shall have<br />
reached maturity, or before harvest, the Lessor shall have the right, at the option<br />
<strong>of</strong> the Lessor, to enter upon the leased premises and care for the same and<br />
harvest the same, and all right, title or interest <strong>of</strong> the Lessee in the leased<br />
premises and to the crop or crops growing and standing thereon shall in such<br />
event be terminated and at an end. In the event <strong>of</strong> litigation arising in connection<br />
39
with this lease, the prevailing party shall be entitled to costs <strong>of</strong> suit and reasonable<br />
attorney's fees.<br />
X<br />
INSURANCE AND INDEMNIFICATION<br />
(a) Lessee, as a material part <strong>of</strong> the consideration to be rendered to Lessor<br />
under this Lease, waives all claims against Lessor for damages to the Premises<br />
and all personal property in, on, or about the Property, and for injuries to persons<br />
in or about the Property, from any cause arising at any time except to the extent<br />
that the damage or injury is a direct result <strong>of</strong> the gross negligence or willful<br />
misconduct <strong>of</strong> Lessor, its <strong>of</strong>ficers, <strong>of</strong>ficials, employees, agents, volunteers or<br />
licensees. Further, Lessee shall indemnify, hold harmless and defend the Lessor<br />
and each <strong>of</strong> its <strong>of</strong>ficers, <strong>of</strong>ficials, employees, agents and volunteers from any and<br />
all loss, liability, fines, penalties, forfeitures, costs and damages (whether in<br />
contract, tort or strict liability, including but not limited to personal injury, death at<br />
any time and property damage) incurred by Lessor, Lessee or any other person,<br />
and from any and all claims, demands and actions in law or equity (including<br />
attorneys fees and litigation expenses), arising or alleged to have arisen directly<br />
out <strong>of</strong> (i) Lessee's use <strong>of</strong> the Property, (ii) Lessee's failure to conduct its activities<br />
and maintain its equipment or property thereon in safe condition, or (iii)<br />
performance or non-performance <strong>of</strong> any activity related to this Lease, except if<br />
caused by the gross negligence or willful misconduct <strong>of</strong> Lessor or any <strong>of</strong> its<br />
<strong>of</strong>ficers, <strong>of</strong>ficials, employees, agents, volunteers or licensees. If the Lessee<br />
should subcontract all or any portion <strong>of</strong> the work performed under this Lease, then<br />
Lessee shall require each subcontractor to indemnify, hold harmless and defend<br />
Lessor, its <strong>of</strong>ficers, <strong>of</strong>ficials, employees and agents in accordance with the terms<br />
<strong>of</strong> the preceding paragraph. This Paragraph shall survive the expiration or<br />
termination <strong>of</strong> this Lease.<br />
(b) Throughout the life <strong>of</strong> this Lease, Lessee shall pay for and maintain in<br />
full force and affect with an insurance company(s), admitted by the California<br />
Insurance Commissioner to do business in the State <strong>of</strong> California and rated not<br />
less than AA-/VII in Best's Insurance Rating Guide, the following policies <strong>of</strong><br />
insurance:<br />
(i) COMMERCIAL GENERAL LIABILITY insurance which shall include<br />
contractual, products and completed operations coverage, bodily injury and<br />
property damage liability insurance with combined single limits <strong>of</strong> not less than<br />
$1,000,000 per occurrence.<br />
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance, endorsed for<br />
any auto with combined single limits <strong>of</strong> liability <strong>of</strong> no less than $1,000,000 per<br />
occurrence.<br />
(iii) WORKERS COMPENSATION insurance as required under the<br />
California Labor Code.<br />
40
The above described policies <strong>of</strong> insurance shall be endorsed to provide an<br />
unrestricted 30-day written notice in favor <strong>of</strong> the Lessor, <strong>of</strong> policy cancellation,<br />
change or reduction <strong>of</strong> coverage, except for the Workers Compensation policy<br />
which shall provide a 10-day written notice <strong>of</strong> such cancellation, change or<br />
reduction <strong>of</strong> coverage. Upon issuance by the insurer, broker, or agent <strong>of</strong> a notice<br />
<strong>of</strong> cancellation, change or reduction in coverage, Lessee shall file with Lessor a<br />
certificate <strong>of</strong> such insurance. The General Liability and Automobile Liability<br />
insurance policies shall be written on an occurrence form and shall name the <strong>City</strong><br />
<strong>of</strong> <strong>Kerman</strong>, its <strong>of</strong>ficers, <strong>of</strong>ficials, agents, and employees as an additional insured.<br />
Such policy(s) <strong>of</strong> insurance shall be endorsed so that Lessee's insurance shall be<br />
primary and no contribution shall be required <strong>of</strong> the Lessor. Lessee shall furnish<br />
the Lessor with the certificate(s) and applicable endorsements for ALL required<br />
insurance prior to the Effective Date.<br />
Any failure to maintain the required insurance shall be sufficient cause for<br />
Lessor to terminate this Lease. If Lessee should subcontract all or any portion <strong>of</strong><br />
the work to be performed under this Lease, Lessee shall require each<br />
subcontractor to provide insurance protection in favor <strong>of</strong> Lessor, its <strong>of</strong>ficers,<br />
<strong>of</strong>ficials, employees and agents in accordance with the terms <strong>of</strong> each <strong>of</strong> the<br />
preceding paragraphs, except that the subcontractors' certificates and<br />
endorsements shall be on file with Lessee and Lessor prior to the commencement<br />
<strong>of</strong> any work by the subcontractor.<br />
XI<br />
BANKRUPTCY<br />
That if the Lessee at any time during the term here<strong>of</strong> shall become<br />
insolvent or be adjudged bankrupt, either voluntarily or involuntarily, or should the<br />
Lessee commence any proceedings <strong>of</strong> any nature under the special provisions <strong>of</strong><br />
the Bankruptcy Act for Farmers, this lease shall immediately terminate, at the<br />
option <strong>of</strong> the Lessor, and the Lessor shall immediately have the right to re-enter<br />
upon and take possession <strong>of</strong> said leased premises, and this leasehold shall not be<br />
or become a part <strong>of</strong> the bankrupt estate or be subject to any administration under<br />
bankruptcy or insolvency proceedings.<br />
XII<br />
HAZARDOUS MATERIALS<br />
Lessee shall not improperly store, maintain, introduce, or permit the<br />
improper storing, maintenance, or introduction <strong>of</strong> any hazardous material or<br />
hazardous waste upon the premises. Lessee shall indemnify, defend and hold<br />
harmless Lessor against any claim, loss, liability, damages or demand arising in<br />
connection with the presence, introduction, or maintenance <strong>of</strong> any hazardous<br />
material or hazardous waste if such presence, introduction or maintenance<br />
occurred during Lessee's possession <strong>of</strong> the Premises. The indemnification<br />
provided hereby includes, but is not limited to, expenses for investigation, clean-up<br />
or remediation, and for defense <strong>of</strong> all claims or charges arising in connection with<br />
41
such hazardous materials. This Section shall survive the termination or expiration<br />
<strong>of</strong> this Lease.<br />
XIII<br />
COMPLIANCE WITH LAWS<br />
Lessee shall not do, or suffer to be done in, on or about said premises<br />
anything that would or does violate or conflict with any applicable law, ordinance,<br />
rule or regulation which is now in force or effect, or which may hereinafter be<br />
enacted, promulgated or adopted by Federal, State, County, or any other local<br />
agency having jurisdiction over the premises. In the event that, in complying with<br />
such laws, ordinances, rules or regulations, Lessee should necessarily violate any<br />
<strong>of</strong> the terms or provisions <strong>of</strong> this Lease, Lessee shall not by that fact be held in<br />
breach by Lessor.<br />
XIV<br />
OIL, GAS AND MINERAL RIGHTS<br />
That the Lessee shall not have and does not acquire any interest in the oil,<br />
gas, mineral or subsurface rights in or under the leased premises as a result <strong>of</strong><br />
this lease, and the Lessor reserves the right for itself and its Lessees to enter upon<br />
the leased premises for the purposes <strong>of</strong> exploring for, producing and processing<br />
oil, gas or other minerals. In this event, the Lessee shall be entitled to a pro-rata<br />
reduction in rent by reason <strong>of</strong> any acreage occupied for such purpose and for the<br />
then market value <strong>of</strong> any growing crops destroyed or damaged as the result <strong>of</strong><br />
such operations.<br />
XV<br />
WAIVER<br />
That no waiver <strong>of</strong> the breach <strong>of</strong> any <strong>of</strong> the covenants <strong>of</strong> this lease shall be<br />
construed or held to be a waiver <strong>of</strong> any other breach or waiver, or acquiescence in<br />
or consent to any further succeeding breach <strong>of</strong> the same covenant.<br />
XVI<br />
BINDING EFFECT<br />
That this agreement shall extend to and bind the heirs, executors,<br />
administrators, successors and assigns <strong>of</strong> the respective parties hereto; and<br />
XVII<br />
CONSTRUCTION<br />
That the words "Lessor" and "Lessee" as herein used shall include the<br />
singular and plural numbers, and the masculine, feminine, and neuter genders, as<br />
context requires. Nothing in this Lease shall be construed or interpreted to make<br />
Lessor anything but a lessor and in all <strong>of</strong> its activities and operations pursuant to<br />
this Lease, Lessee shall for no purpose be considered agent <strong>of</strong> Lessor. If this<br />
42
Lease is found to contain any ambiguity, the Lease shall be construed as if both<br />
parties had drafted it.<br />
XVIII<br />
ENTIRE AGREEMENT<br />
This Lease contains the entire agreement between the parties as to the<br />
subject matter here<strong>of</strong>. No promises, representation, warranty, or covenant not<br />
included in this Lease has been or is relied on by either party. Each party has<br />
relied upon his own examination <strong>of</strong> this Lease, the counsel <strong>of</strong> his own advisors,<br />
and the warranties, representations, and covenants in the Lease itself. The failure<br />
or refusal <strong>of</strong> either party to inspect the Premises or Leased Property, to<br />
read the Lease or other documents, or to obtain legal or other advice relevant to<br />
this transaction constitutes a waiver <strong>of</strong> any objection, contention, or claim that<br />
might have been based on such reading, inspection, or advice.<br />
XIX<br />
ATTORNEY' S FEES<br />
If either party brings any action or proceeding, including an arbitration, to<br />
enforce, protect, or establish any right or remedy, the prevailing party shall be<br />
entitled to recover reasonable attorney's fees and costs <strong>of</strong> enforcement at<br />
arbitration, trial and appeal.<br />
XX<br />
AUTHORIZED ACTION<br />
Each party signing below certifies that he or she is authorized to execute<br />
this Lease and thereby obligate the party on whose behalf such signature is made.<br />
The authority <strong>of</strong> each signer was, if necessary, granted by appropriate corporate<br />
action.<br />
XXI<br />
SEVERABILITY<br />
Should one or more provisions <strong>of</strong> this Lease be determined to be illegal,<br />
invalid, or unenforceable, that provision or provisions, shall be deleted from this<br />
agreement, and all other provisions shall remain effective.<br />
XXII<br />
CALIFORNIA LAW APPLIES<br />
This Lease and matters related to it shall be governed by the laws <strong>of</strong> the<br />
State <strong>of</strong> California. This Lease concerns land in the County <strong>of</strong> Fresno, State <strong>of</strong><br />
California, and the parties have their principal <strong>of</strong>fices and have entered into this<br />
Lease in said County.<br />
XXIII<br />
43
AMENDMENT TO BE IN WRITING; AUTHORIZATION REQUIRED<br />
This Lease may be modified or amended only by a writing duly authorized<br />
and executed by both LESSOR and LESSEE. It may not be amended or modified<br />
by oral agreements or understanding between the parties.<br />
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands,<br />
to be effective as <strong>of</strong> the day and year first above written.<br />
LESSOR LESSEE<br />
CITY OF KERMAN<br />
BY___________________________ BY____________________________<br />
Ron Manfredi, <strong>City</strong> Manager David L. Bufkin<br />
ATTEST:<br />
BY___________________________<br />
Marci Reyes, <strong>City</strong> Clerk<br />
Approved as to form<br />
<strong>City</strong> Attorney, Mark Blum<br />
44
RESOLUTION NO. 12<br />
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN<br />
APPOINTING/REAPPOINTING MEMBERS TO THE COMMUNITY SERVICE AND<br />
RECREATION COMMISSION<br />
WHEREAS, the Community Service and Recreation Commission terms expired on<br />
December 31, 2011 for Mike Teixeira, and Delores Amaro and one commissioners Whitney Cr<strong>of</strong>t<br />
who resigned; and<br />
WHEREAS, the Community Service and Recreation Commission met on January 25,<br />
2012 and approved the reappointment <strong>of</strong> Mike Teixeira and Delores Amaro to three (3) year terms<br />
ending December 31, 2014 , and the appointment <strong>of</strong> Richie Arredondo to two (2) year term ending<br />
December 31, 2013.<br />
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF<br />
KERMAN as follows:<br />
Reappoint Mike Teixeira and Delores Amaro for a three (3) year term ending December 31,<br />
2014 and Appoint Richie Arredondo for a two (2) year term ending December 31, 2013.<br />
The foregoing resolution was introduced at a regular meeting <strong>of</strong> the <strong>City</strong> Council <strong>of</strong> the<br />
<strong>City</strong> <strong>of</strong> <strong>Kerman</strong> held on the 1st day <strong>of</strong> February, 2012 and passed at said regular meeting by the<br />
following vote:<br />
AYES:<br />
NOES:<br />
ABSENT:<br />
ABSTAIN:<br />
The foregoing resolution is hereby adopted.<br />
_________________________<br />
ATTEST: Gary Yep<br />
Mayor<br />
___________________________<br />
Marci Reyes<br />
<strong>City</strong> Clerk<br />
45
RESOLUTION NO.12-<br />
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN<br />
AUTHORISING CITY MANAGER TO SIGN ESCROW INSTRUCTIONS AND<br />
ACCEPTING RIGHT OF WAY ON BEHALF OF THE PUBLIC FOR THE<br />
KEARNEY AND VINELAND WALKWAY PROJECT<br />
WHEREAS, the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> is proposing to construct a sidewalk along the east side<br />
<strong>of</strong> Vineland Avenue from Kearney Boulevard to approximately 600 feet north and along the<br />
north side <strong>of</strong> Kearney Boulevard from Vineland Avenue to the west side <strong>of</strong> the new KUSD<br />
elementary school campus; and<br />
WHEREAS, right <strong>of</strong> way acquisition is required from five property owners within the<br />
project limits as follows:<br />
Quiroz Trust 023-350-03<br />
Grewal 023-350-02<br />
Hernandez 023-350-04<br />
Witt Trust 023-350-01<br />
Etheridge 023-350-08<br />
; and<br />
WHEREAS, the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> conformed with all <strong>of</strong> the Federal guidelines and<br />
requirements for the acquisition <strong>of</strong> right <strong>of</strong> way; and<br />
WHEREAS, the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> has made formal <strong>of</strong>fers to the above referenced property<br />
owners for the acquisition <strong>of</strong> right <strong>of</strong> way, and those <strong>of</strong>fers have been accepted by the property<br />
owners; and<br />
WHEREAS, the <strong>City</strong> has opened Escrow accounts with Chicago Title Company to<br />
complete the acquisition <strong>of</strong> the properties.<br />
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN HEREBY<br />
RESOLVES AND DIRECTS as follows:<br />
1. The <strong>City</strong> Manager is directed and authorized to execute Escrow Instructions on behalf<br />
<strong>of</strong> the <strong>City</strong> for each property.<br />
2. The property acquired is hereby accepted on behalf <strong>of</strong> the public for public street<br />
purposes, and the <strong>City</strong> Clerk is authorized to provide a certificate <strong>of</strong> acceptance for the properties<br />
in connection with recording <strong>of</strong> the deeds.<br />
10-237\res escrow<br />
46
The foregoing resolution was introduced at a regular meeting <strong>of</strong> the <strong>City</strong> Council <strong>of</strong> the <strong>City</strong> <strong>of</strong><br />
<strong>Kerman</strong> held on the 1st day <strong>of</strong> February, 2012 , and passed at said meeting by the following vote:<br />
AYES:<br />
NOES:<br />
ABSENT:<br />
ABSTAIN:<br />
ATTEST:<br />
10-237\res escrow<br />
The foregoing resolution is hereby approved.<br />
MARCI REYES<br />
CITY CLERK, CITY OF KERMAN<br />
47<br />
GARY K. YEP<br />
MAYOR, CITY OF KERMAN
RESOLUTION 12-____<br />
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN AUTHORIZING THE<br />
REALLOCATION OF PERSONNEL EXPENDITURES AND RELATED BUDGET AMENDMENTS<br />
MADE NECESSARY BY THE DISSOLUTION OF THE KERMAN REDEVELOPMENT AGENCY<br />
WHEREAS, Assembly Bill 1X 26 (the “Dissolution Act”) was enacted on June 28, 2011, to significantly<br />
modify the Community Redevelopment Law (Health & Safety Code Section 33000, et seq.; the<br />
“Redevelopment Law”); and<br />
WHEREAS, on August 11, 2011, the California Supreme Court agreed to review the California<br />
Redevelopment Association and the League <strong>of</strong> California Cities’ petition challenging the constitutionality<br />
<strong>of</strong> the Redevelopment Restructuring Acts; and<br />
WHEREAS, on December 29, 2011, the California Supreme Court ruled that the Dissolution Act is<br />
largely constitutional; and<br />
WHEREAS, the Court’s decision means that all California redevelopment agencies will dissolve on<br />
February 1, 2012 pursuant to the Dissolution Act; and<br />
WHEREAS, the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> has elected to become the Successor Agency for the <strong>Kerman</strong><br />
Redevelopment Agency; and<br />
WHEREAS, the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> will receive an Administration Fee for acting as the Successor Agency;<br />
and<br />
WHEREAS, the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> will also receive additional Property Tax Revenues as a result <strong>of</strong> the<br />
dissolution <strong>of</strong> the <strong>Kerman</strong> Redevelopment Agency; and<br />
WHEREAS, the net fiscal impact <strong>of</strong> the dissolution <strong>of</strong> the <strong>Kerman</strong> Redevelopment Agency on the <strong>City</strong> <strong>of</strong><br />
<strong>Kerman</strong> has not yet been determined; and<br />
WHEREAS, the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> has certain employees whose personnel costs were paid in part by the<br />
<strong>Kerman</strong> Redevelopment Agency; and<br />
WHEREAS, those personnel costs can no longer be paid by the <strong>Kerman</strong> Redevelopment Agency after<br />
January 31, 2012; and<br />
WHEREAS, an Amendment to the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> 2011/2012 Fiscal Year Budget is necessary for a<br />
reallocation <strong>of</strong> personnel costs has become necessary <strong>City</strong> <strong>of</strong> <strong>Kerman</strong>; and<br />
WHEREAS, the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> staff has prepared a personnel reallocation schedule for such and<br />
amendment said schedule has been attached to this resolution as Exhibit A and made a part <strong>of</strong> this<br />
resolution; and<br />
WHEREAS, the reallocation schedule calls for approximately $70,647 to be reallocated to other Funds,<br />
with $66,373 <strong>of</strong> that amount being reallocated to the <strong>City</strong>’s General Fund for this five-month period; and<br />
WHEREAS, the <strong>City</strong> Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> has reviewed this personnel reallocation schedule and<br />
found this Budget Amendment to be necessary<br />
NOW, THEREFORE, BE IT RESOLVED, that the <strong>City</strong> hereby authorizes the reallocation <strong>of</strong> personnel<br />
costs for the five-month period <strong>of</strong> February 1, 2012 through June 30, 2012 as presented in Exhibit A.<br />
BE IT FURTHER RESOLVED, the <strong>City</strong> Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> hereby approves and authorizes<br />
these necessary Amendments to the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> 2011/2012 Budget.<br />
48
The above and foregoing resolution was duly introduced, passed and adopted at a meeting by the<br />
<strong>City</strong> Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> at a regular meeting <strong>of</strong> the <strong>City</strong> Council held on the 1st day <strong>of</strong><br />
February, 2012, by the following roll call vote:<br />
AYES:<br />
NOES:<br />
ABSENT:<br />
ABSTAIN:<br />
APPROVED:<br />
____________________________<br />
Gary K. Yep, Mayor<br />
ATTEST: <strong>Kerman</strong> <strong>City</strong> Council<br />
______________________________<br />
Marci Reyes, <strong>City</strong> Clerk<br />
<strong>Kerman</strong> <strong>City</strong> Council<br />
49
RESOLUTION NO. 12<br />
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN<br />
APPROVING AGREEMENT WITH RON MANFREDI FOR LABOR NEGOTIATOR<br />
SERVICES AND THE CITY OF KERMAN<br />
WHEREAS, the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> wishes to enter into an agreement with Ron Manfredi; and<br />
WHEREAS, Employee labor contracts with <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> employee groups (<strong>Kerman</strong><br />
Public Safety Employees Association (KPSEA) and <strong>Kerman</strong> Municipal Employees Association<br />
(KMEA) will terminate June 30, 2012; and<br />
WHEREAS, the <strong>City</strong> Council is considering a short-term contract with Mr. Manfredi for the<br />
purposes <strong>of</strong> labor relations to conduct Meet & Confer meetings with these associations towards the<br />
goal <strong>of</strong> securing new contacts; and.<br />
NOW THEREFORE, BE IT RESOLVED, that the <strong>City</strong> herewith accepts the agreement in<br />
the terms and conditions in substantially the form attached hereto as Exhibit “A” and authorizes the<br />
Mayor to sign and the city clerk to attest.<br />
The foregoing Resolution was approved by the <strong>City</strong> Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> at a<br />
regular meeting held on the 18th day <strong>of</strong> January 2012, and passed at said meeting by the<br />
following vote:<br />
AYES:<br />
NOES:<br />
ABSENT:<br />
ABSTAIN:<br />
This resolution is hereby adopted.<br />
ATTEST:<br />
_____________________________<br />
Gary Yep<br />
Mayor<br />
______________________________<br />
Marci Reyes<br />
<strong>City</strong> Clerk<br />
51
EMPLOYMENT AGREEMENT<br />
AN AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN THE<br />
CITY OF KERMAN (HEREINAFTER CALLED “CITY”) AND<br />
RON MANFREDI (HEREINAFTER CALLED “EMPLOYEE”)<br />
WHEREAS, the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> (“<strong>City</strong>”) desires to employ RON MANFREDI as<br />
LABOR NEGOTIATOR <strong>of</strong> the CITY at such time as RON MANFREDI is no longer<br />
serving as <strong>City</strong> Manager <strong>of</strong> the CITY; and<br />
WHEREAS, it is the desire <strong>of</strong> the CITY to establish certain conditions <strong>of</strong><br />
employment and to set working conditions <strong>of</strong> said Employee.<br />
NOW, THEREFORE, in consideration <strong>of</strong> the mutual covenants herein contained,<br />
effective upon Employee’s retirement as <strong>City</strong> Manager, expected to be on or about March<br />
3, 2012, (the “effective date”), the parties agree as follows:<br />
Section 1<br />
DUTIES<br />
CITY hereby agrees to employ Ron Manfredi to perform the functions and duties<br />
associated with representing the CITY in meeting and conferring with the CITY’s<br />
employee organizations (the <strong>Kerman</strong> Public Safety Employees Association (“KPSEA”<br />
and the <strong>Kerman</strong> Municipal Employee’s Association (“KMEA”) in connection with<br />
negotiating and executing a new Memorandum <strong>of</strong> Understanding to become effective<br />
from and after July 1, 2012.<br />
The <strong>City</strong> Council retains ultimate authority over all decisions respecting said<br />
negotiations and labor agreements, but has delegated authority to the Employee to<br />
conduct the Meet and Confer sessions with the KPSEA and KMEA and serve as the<br />
CITY’s labor negotiator.<br />
Labor Negotiator Emp Agmt 121311 1<br />
52
Section 2<br />
COMPENSATION AND TERMS OF SERVICE<br />
Compensation, Effective Dates and Terms <strong>of</strong> Service and related terms and<br />
provisions <strong>of</strong> the Employee’s employment as labor negotiator are set forth in Exhibit A<br />
attached hereto and incorporated herein by this reference.<br />
In entering into this Agreement, <strong>City</strong> Council and the Employee are aware that effective as <strong>of</strong> January<br />
1, 2012, California Government Code Section 21224 will permit the Council to appoint the Employee<br />
as a retired person who may serve without reinstatement from retirement or loss or interruption <strong>of</strong><br />
benefits provided by the Public Employee Retirement System upon temporary appointment by the<br />
appointing power <strong>of</strong> a state agency or public agency employer either during an emergency to prevent<br />
stoppage <strong>of</strong> public business or because the retired employee has specialized skills needed in<br />
performing work <strong>of</strong> limited duration. These appointments shall not exceed a total for all employers <strong>of</strong><br />
960 hours in any fiscal year, and the rate <strong>of</strong> pay for the employment shall not be less than the<br />
minimum, nor exceed that paid by the employer to other employees performing comparable duties.<br />
This Agreement is intended to, and shall be construed so as to comply with the terms <strong>of</strong> Government<br />
Code Section 21224, in that the Employee has specialized skills needed in negotiating labor<br />
agreements with the <strong>City</strong>’s employees, and pursuant to this Agreement is being appointed for a<br />
temporary position in which his employment will not exceed 960 hours in the fiscal year, at a pay rate<br />
that is within the limits imposed by the statute.<br />
Section 3<br />
SUPPLEMENTAL BENEFITS<br />
Prior to the effective date <strong>of</strong> this Agreement, Employee will have retired from his<br />
position as <strong>City</strong> Manager <strong>of</strong> CITY. Employee does not desire any fringe benefits, and no<br />
fringe benefits or other compensation is provided in connection with this Agreement,<br />
except as expressly provided in Exhibit “A”.<br />
Section 4<br />
GENERAL PROVISIONS<br />
A. Validity <strong>of</strong> Agreement; Severability. If any provision or any portion there<strong>of</strong><br />
contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the<br />
Labor Negotiator Emp Agmt 121311 2<br />
53
emainder <strong>of</strong> this Agreement or portion there<strong>of</strong> is deemed to be severable, and shall<br />
remain in full force and effect.<br />
B. Entire Agreement. This Agreement contains the entire agreement between the<br />
parties as to the subject matter here<strong>of</strong>, and supersedes any prior agreement between the<br />
parties on the subject matter here<strong>of</strong>. No promises, representation, warranty, or covenant<br />
not included in this Agreement has been or is relied on by either party. Each party has<br />
relied upon his own examination <strong>of</strong> this Agreement, the counsel <strong>of</strong> his own advisors, and<br />
the warranties, representations, and covenants in the Agreement itself. The failure or<br />
refusal <strong>of</strong> either party to read the Agreement or other documents, or to obtain legal or<br />
other advice relevant to this Agreement constitutes a waiver <strong>of</strong> any objection, contention,<br />
or claim that might have been based on such reading, inspection, or advice.<br />
C. Construction. Headings at the beginning <strong>of</strong> each section and subsection are<br />
solely for the convenience <strong>of</strong> the parties and are not a part <strong>of</strong> and shall not be used to<br />
interpret this Agreement. The singular form shall include plural and vice versa. This<br />
Agreement shall not be construed as if it had been prepared by one <strong>of</strong> the parties, but rather<br />
as if both parties have prepared it. Unless otherwise indicated, all references to sections are<br />
to this Agreement.<br />
D. Modifications Must Be In Writing and Authorized by the <strong>City</strong> Council. This<br />
Agreement may be modified or amended only by a writing duly authorized and executed<br />
by both parties. It may not be amended or modified by oral agreements or understanding<br />
between the parties. Any modification or amendment thereto shall only be effective if<br />
authorized by the <strong>City</strong> Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong>.<br />
Labor Negotiator Emp Agmt 121311 3<br />
54
E. Attorney’s Fees. If either party commences an action against the other to<br />
enforce this Agreement, or because <strong>of</strong> the breach by either party <strong>of</strong> this Agreement, the<br />
prevailing party in this action shall be entitled to recover attorney fees and costs incurred in<br />
connection with the prosecution or defense <strong>of</strong> this action, including any appeal <strong>of</strong> the action,<br />
in addition to all other relief. Prevailing party within the meaning <strong>of</strong> this Section shall<br />
include, without limitation, a party who successfully brings an action against the other party<br />
for sums allegedly due or performance <strong>of</strong> covenants allegedly breached, or that party who<br />
obtains substantially the relief sought in the action.<br />
Dated this _____ day <strong>of</strong> _________________, 2011.<br />
Approved as to Legal Form:<br />
_________________________<br />
Mark A. Blum, <strong>City</strong> Attorney<br />
ATTEST:<br />
___________________________<br />
Marci Reyes, <strong>City</strong> Clerk<br />
Labor Negotiator Emp Agmt 121311 4<br />
CITY OF KERMAN<br />
BY: _______________________________<br />
Gary Yep, Mayor<br />
BY: ______________________________<br />
Ron Manfredi, Employee<br />
55
EXHIBIT “A’<br />
Terms and Provisions for Contract for Temporary Labor Negotiator Services<br />
1. Employee shall be paid at an hourly rate <strong>of</strong> $75/hour, without benefits except as required<br />
by law. Mr. Manfredi will be an hourly employee <strong>of</strong> <strong>City</strong> <strong>of</strong> <strong>Kerman</strong>.<br />
2. The Employee shall be compensated for no less than10/hrs per week at $75/hr. from<br />
March 6 (or any later date on which Employee’s employment as <strong>City</strong> Manager has<br />
ended) through April 27, 2012. Additional hours may be authorized only through action<br />
<strong>of</strong> the <strong>City</strong> Council and/or direction <strong>of</strong> the <strong>City</strong> through the newly appointed <strong>City</strong><br />
Manager, provided a new city manager is appointed during this time period. This<br />
Agreement shall not become effective during any period in which Employee continues to<br />
be employed as the full time <strong>City</strong> Manager for CITY.<br />
3. Scope <strong>of</strong> Work - Labor Relations, specifically Meet & Confer with <strong>City</strong> Of <strong>Kerman</strong><br />
recognized labor bargaining groups (<strong>Kerman</strong> Public Safety Employees Association<br />
(KPSEA) & <strong>Kerman</strong> Municipal Employees Association (KMEA). Mr. Manfredi will<br />
also be available to assist the new <strong>City</strong> Manager in his/her transition, at the request <strong>of</strong> the<br />
new <strong>City</strong> Manager. However, it is understood by all parities that the specific hours<br />
allocated will primarily be devoted to the above labor relations matters.<br />
4. This agreement is entered into with the Council’s knowledge and consideration <strong>of</strong> Mr.<br />
Manfredi’s 34 years <strong>of</strong> municipal labor relations experience (18 ½ with the <strong>City</strong> <strong>of</strong><br />
<strong>Kerman</strong>) and his knowledge <strong>of</strong> the issues, familiarity and mutual respect <strong>of</strong> the parties at<br />
the negotiating table.<br />
5. Pursuant to Council direction by minute order or resolution, Employee will be available<br />
for additional hours <strong>of</strong> work as approved.<br />
6. The primary purpose <strong>of</strong> this agreement is for Mr. Manfredi to represent the <strong>City</strong> <strong>of</strong><br />
<strong>Kerman</strong> in the Meet & Confer process towards the goals <strong>of</strong> new or updated labor<br />
relations agreements with the two <strong>City</strong> bargaining units referenced above. The current<br />
contracts expire June 30, 2012. Therefore, it is highly desirable to have new contracts<br />
known to the <strong>City</strong> as Memorandums <strong>of</strong> Understanding (MOU) in place prior to June 30,<br />
2012. Mr. Manfredi shall diligently work towards this goal by participating in the<br />
following activities:<br />
7. Employee shall be responsible for:<br />
a. Scheduling M & C sessions with labor groups and their representative Barry<br />
Bennett;<br />
b. Briefing the <strong>City</strong> Council, <strong>City</strong> Attorney and if necessary the new <strong>City</strong> Manager<br />
on the pertinent labor relations, wage and benefit issues facing the <strong>City</strong> and <strong>of</strong><br />
interest to the labor groups. This includes providing recommendations and<br />
feedback for specific direction from Council, and similar related tasks; and<br />
c. Briefing the Council and appropriate staff on financial impacts, both short and<br />
long-term effects, work productivity and morale issues, and the options and<br />
impacts <strong>of</strong> various positions/decisions taken by the <strong>City</strong> in the M & C process.<br />
56
8. CITY and <strong>City</strong> Council Duties and Responsibilities:<br />
a. <strong>City</strong> Council full understands and agrees that the M & C process is a pr<strong>of</strong>essional<br />
undertaking requiring confidentiality, patience and careful delegation <strong>of</strong> separate<br />
and distinct duties and roles;<br />
b. Council understands that the final decisions regarding any labor relations<br />
agreement are made by a majority vote <strong>of</strong> the <strong>City</strong> Council in public session.<br />
However, during the negotiation phase, most other informational sessions will be<br />
limited to “Closed” <strong>City</strong> Council agenda as posted. With this understanding<br />
Council recognizes and respects that labor relations and M & C are sensitive<br />
issues and confidentiality is <strong>of</strong> the utmost importance. Furthermore, that Mr.<br />
Manfredi shall be the representative <strong>of</strong> the <strong>City</strong> Council in these matters and will<br />
report exclusively to the <strong>City</strong> Council (properly keeping the <strong>City</strong> Attorney<br />
informed) unless the Council directs employee to report exclusively to the new<br />
<strong>City</strong> Manager. More than likely with the employment <strong>of</strong> a new <strong>City</strong> Manager,<br />
Employee will report both to the Council & the new <strong>City</strong> Manager;<br />
c. <strong>City</strong> Council Members understand that it would be improper to privately discuss<br />
these matters outside <strong>of</strong> the confines <strong>of</strong> the closed session discussion with Mr.<br />
Manfredi, <strong>City</strong> Attorney and the <strong>City</strong> Council, and that any such discussion that<br />
breaches confidentiality may be counter-productive and detrimental to the CITY’s<br />
best interests; and<br />
d. Council authorizes Manfredi limited access to <strong>City</strong> employee services re: payroll<br />
information including wage/benefit impacts, benefit adjustments, scheduling and<br />
other analysis related to the typical M & C issues. It is understood while the<br />
majority <strong>of</strong> this information will be assembled prior to Mr. Manfredi’s <strong>of</strong>ficial<br />
retirement date <strong>of</strong> March 2, 2012, some additional <strong>City</strong> staff work may be<br />
required to calculate final fiscal impacts as complete and final MOUs are agreed<br />
upon. During the duration <strong>of</strong> this agreement, Manfredi may also continue to use<br />
the <strong>City</strong>’s lap top computer which he has used at this home for several years.<br />
9. Time Frame<br />
a. Per the schedule <strong>of</strong> the labor relations representative for the groups (attorney<br />
Barry Bennett) it is anticipated that the first M & C session will not begin until<br />
after the Jan. 18, 2012 <strong>City</strong> Council meeting. Mr. Manfredi will provide detailed<br />
M & C briefings for the Council at the Dec. 21 st and Jan 18 th closed session<br />
meetings. These pre-retirement services will be subject to the Employee’s<br />
existing contract and not this Agreement.<br />
b. Termination <strong>of</strong> Agreement - All parties recognize that the M & C process can be<br />
lengthily and sometimes become confrontational. With this in mind, Mr.<br />
Manfredi, with the Council’s cooperation and direction will seek to resolve the M<br />
& C issues and obtain mutually satisfactory new MOUs for approval by the<br />
Council and the respective labor groups within a reasonable time period.<br />
Therefore, if agreements can be reached prior to the end <strong>of</strong> this contract; the<br />
guaranteed hours will also be reduced and/or terminated when both agreements<br />
are approved by Council Resolutions and necessary follow-up paper work is<br />
completed.<br />
57
February 2, 2012<br />
Senator Michael J. Rubio<br />
California State Senate<br />
Capitol Building, Room 2066<br />
Sacramento, CA 95814<br />
<strong>City</strong> <strong>of</strong> <strong>Kerman</strong><br />
“Community Comes First”<br />
Subject: SB 250 – Sacramento, San Joaquin Delta: Delta Plan: Conveyance Facility<br />
SUPPORT<br />
Dear Senator Rubio:<br />
CITY COUNCIL<br />
Gary Yep, Mayor<br />
Doug Wilcox<br />
Raj Dhaliwal<br />
Jack Sidhu<br />
Richard Stockwell<br />
On behalf <strong>of</strong> <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> I am writing in support <strong>of</strong> SB 250, a bill which will provide certainty that<br />
the Bay Delta Conservation Plan (BDCP) will be completed by February 15, 2013 and that the<br />
construction <strong>of</strong> Delta facilities will be accomplished by December 21, 2025. In light <strong>of</strong> the mounting<br />
danger to the state’s water supply due to seismic risk, levee failure and Delta ecosystem deterioration,<br />
we feel that it is imperative that the state and federal governments efficiently complete the BDCP.<br />
The timeline to finish the BDCP, contained in SB 250, is consistent with the schedule endorsed by the<br />
California Natural Resources Agency and the US Department <strong>of</strong> the Interior. This timeline was<br />
carefully designed to adhere to the requirements <strong>of</strong> the state’s permitting and environmental laws,<br />
while providing a clear path toward achieving California’s dual goals <strong>of</strong> water supply reliability and<br />
Delta ecosystem restoration that were established in the 2009 comprehensive Delta / water<br />
management legislation. Moreover, building the conveyance system is a necessary part <strong>of</strong> the state’s<br />
economic recovery and a signal to employers and employees that California will continue to invest in<br />
the state’s future. It is expected that the project will produce over 129,000 jobs, a critical boost to our<br />
struggling economy.<br />
The Bay Delta Conservation Plan will be a significant step in restoring the ecosystem and providing<br />
the infrastructure improvements that are necessary to protect public health and safety and revitalize<br />
California’s economy. It is critical that we move forward on a path that will benefit all Californians.<br />
For all these reasons, I would like to respectfully submit this letter <strong>of</strong> support.<br />
Sincerely,<br />
Gary Yep<br />
Mayor<br />
59
CITY OF KERMAN<br />
REQUEST FOR QUALIFICATIONS<br />
FOR PROSPECTIVE PV PROJECT DEVELOPERS<br />
Solar Photovoltaic System<br />
<strong>City</strong> <strong>of</strong> <strong>Kerman</strong> Wastewater Treatment Plant (WWTP)<br />
February 3, 2012<br />
Information Contact:<br />
Luis Patlan<br />
Director <strong>of</strong> Planning & Development<br />
(559) 846-9389<br />
lpatlan@city<strong>of</strong>kerman.org<br />
66
RFQ: Solar Photovoltaic System (WWTP)<br />
Proposals Requested by:<br />
<strong>City</strong> <strong>of</strong> <strong>Kerman</strong><br />
Planning and Development Service Department<br />
850 S. Madera Avenue<br />
<strong>Kerman</strong> CA 93630<br />
Phone: (559) 846-9389<br />
Fax: (559) 846-6199<br />
RFQ Issued: February 3, 2012<br />
Responses Due: March 2, 2012 at 4:00 p.m.<br />
Submit Responses to:<br />
<strong>City</strong> <strong>of</strong> <strong>Kerman</strong><br />
<strong>City</strong> Clerk’s Office<br />
Attn: Marci Reyes<br />
850 S. Madera Avenue<br />
<strong>Kerman</strong>, CA 93630<br />
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Page 2 <strong>of</strong> 18
Section I Background<br />
RFQ: Solar Photovoltaic System (WWTP)<br />
CONTENTS<br />
1. Project Background…………………………………………………………………………………………. 4<br />
2. Goals and Objectives………………………………………………………………………………………. 4<br />
Section II Scope <strong>of</strong> Services<br />
1. General………………………………………………………………………………………………………. 4<br />
2. Feasibility Analysis………………………………………………………………………………………….. 4<br />
3. Energy Loads and Power Purchase………………………………………………………………………. 4<br />
4. Design, Engineering, and Permitting……………………………………………………………………… 4<br />
5. Warranties and Guarantees……………………………………………………………………………….. 4<br />
Section III Submittal Format and Content<br />
1. Cover Letter………………………………………………………………………………………………….. 6<br />
2. Project Understanding……………………………………………………………………………………… 7<br />
3. Methods and Strategic Plan……………………………………………………………………………….. 7<br />
4. Qualifications and Experience…………………………………………………………………………….. 7<br />
5. Key Personnel………………………………………………………………………………………………. 8<br />
6. Financial Capacity………………………………………………………………………………………….. 9<br />
7. Special Funding…………………………………………………………………………………………….. 9<br />
8. References………………………………………………………………………………………………….. 9<br />
9. Contractual Compliance with Warrant……………………………………………………………………. 9<br />
10. Project Schedule and Timing……………………………………………………………………………… 10<br />
11. Litigation…………………………………………………………………………………………………….. 10<br />
12. License Classification……………………………………………………………………………………… 10<br />
13. Safety Record………………………………………………………………………………………………. 10<br />
Section IV Submittal Schedule<br />
1. Requesting a Copy <strong>of</strong> the RFQ…………………………………………………………………………… 11<br />
2. Submitting a Response to RFQ……………………………………………………………………………11<br />
3. Questions from Proposers………………………………………………………………………………….11<br />
4. RFQ Review Timeline ………………………………………………………………………………………11<br />
5. RFQ Withdrawal……..………………………………………………………………………………………12<br />
Section V Selection Process<br />
1. Evaluation Process………………………………………………………………………………………….13<br />
2. RFQ Evaluation Criteria…………………………………………………………………………………….13<br />
3. Final Approval ……………………………………………………………………………………………….13<br />
Section VI Terms and Conditions ………………………………………………………………………………..14<br />
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Page 3 <strong>of</strong> 18
SECTION I: BACKGROUND<br />
1. Project Background<br />
The <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> (the “<strong>City</strong>”) is soliciting Requests for Qualifications (“RFQ”) for the design,<br />
procurement <strong>of</strong> materials, installation, financing and all associated documentation and processes<br />
for completion <strong>of</strong> a Solar Photovoltaic System (“PV Project”) to be located at the Wastewater<br />
Treatment Plan (“WWTP”) and possibly additional <strong>City</strong>-owned facilities. The <strong>City</strong> anticipates that<br />
the System or Systems shall be financed, owned and operated by the project developer<br />
(“Developer”) under a Power Purchase Agreement (“PPA”) for an agreed-upon unit cost and term.<br />
In relation to this RFQ, the term “Developer” shall refer to all organizational members <strong>of</strong> the<br />
respondent’s team that will, through combined efforts and abilities, perform all aspects <strong>of</strong> solar site<br />
development.<br />
The site at which the <strong>City</strong> desires to host a PV Project is the Wastewater Treatment Plant, located<br />
at 16486 Church Avenue in <strong>Kerman</strong>, CA. See Attachment A for a site overview. Currently, there is<br />
no existing onsite energy generation from solar power; the proposed Project would be the <strong>City</strong>’s<br />
first solar facility installation. The WWTP receives primary-voltage power from PG&E. Historical<br />
electrical usage data has been provided in Attachment B.<br />
The <strong>City</strong> is also considering the construction <strong>of</strong> additional PV systems at other <strong>City</strong>-owned facilities,<br />
such as <strong>City</strong> Hall, Police Department, and Community/Teen Center, with financing also to be<br />
provided via PPA or solar lease. Site information for additional solar locations will be provided if<br />
and when such locations are approved for development.<br />
2. Goals and Objectives <strong>of</strong> RFQ<br />
The goal <strong>of</strong> this RFQ is to establish a shortlist <strong>of</strong> qualified firms (“Proposer”) using the criteria<br />
established in this document. The <strong>City</strong> expects to evaluate and screen this list <strong>of</strong> qualified firms to<br />
begin contract negotiations with a sole Developer for <strong>City</strong> solar project(s) based upon best-value<br />
and qualitative evaluation <strong>of</strong> solutions provided in response to this RFQ.<br />
The objectives <strong>of</strong> this RFQ is to procure reliable renewable energy at a cost that provides savings<br />
to the <strong>City</strong>, to minimize and stabilize future energy costs in the treatment <strong>of</strong> wastewater for the rate<br />
payers <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong>, and to establish a long-term relationship with a solar PV provider that<br />
facilitates the cost-effective development <strong>of</strong> solar photovoltaic system at the WWTP and other <strong>City</strong><br />
facilities.<br />
Firms submitting responses to this RFQ do so understanding that the <strong>City</strong> does not guarantee the<br />
award <strong>of</strong> any contract or work. The <strong>City</strong> reserves the right, in its sole and absolute discretion, to<br />
abolish, refresh, or extend the scope or limitations <strong>of</strong> this PV Project.<br />
RFQ: Solar Photovoltaic System (WWTP)<br />
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SECTION II: SCOPE OF SERVICES<br />
1. General<br />
The <strong>City</strong> is seeking a qualified firm, or team <strong>of</strong> firms, to provide a solar facility comprising a solar<br />
PV system with an AC generation capacity to serve the <strong>City</strong>’s Wastewater Treatment Plant. The<br />
<strong>City</strong> intends to enter into a PPA with the successful firm to design, finance, build, and operate a<br />
solar facility for a period <strong>of</strong> up to 25 years. The facility will operate on land that may be leased from<br />
the <strong>City</strong> at a fair market rate.<br />
2. Feasibility Analysis<br />
The selected Developer will work with the <strong>City</strong> on preparation <strong>of</strong> a feasibility analysis <strong>of</strong> the solar<br />
PV system for the Wastewater Treatment Plant to include, but not limited to, site evaluation, utility<br />
bill analysis and utility savings, preliminary engineering, estimated system costs, and financial<br />
package. The analysis may include potential for solar PV systems for other <strong>City</strong> facilities.<br />
3. Energy Loads and Power Purchase<br />
The solar PV system shall be designed to provide sufficient power to meet the WWTP’s energy<br />
consumption needs. <strong>City</strong> will guarantee to purchase all power produced up to the maximum<br />
capacity <strong>of</strong> the WWTP.<br />
4. Design, Engineering, and Permitting<br />
The selected firm will prepare an adequate CEQA document acceptable to the <strong>City</strong>, obtain all<br />
necessary permits, and design the solar facility and associated civil, structural, and electrical work<br />
to optimize solar energy resources and project cost effectiveness at the <strong>Kerman</strong> WWTP, taking into<br />
consideration the facility’s estimated electrical consumption rate, proposed installation site,<br />
available solar resources, applicable <strong>City</strong> ordinances and improvement standards, installation cost,<br />
tax credits and rebates, and other relevant factors.<br />
5. Warranties and Guarantees<br />
The selected firm will provide and list all the necessary warranties applicable to the project for:<br />
Any warranty required to qualify a system for available rebates or incentives<br />
PV panel warranty<br />
Inverter warranty<br />
Complete system warranty<br />
RFQ: Solar Photovoltaic System (WWTP)<br />
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SECTION III: SUBMITTAL FORMAT AND CONTENT<br />
The response to this RFQ must be made according to the requirements set forth in this Section, both for<br />
content and for sequence. Noncompliance with these requirements or the inclusion <strong>of</strong> conditions,<br />
limitations, or misrepresentations, may be cause for rejection <strong>of</strong> the proposal. All proposals must be<br />
date/time stamped. Please submit One (1) electronic copy (CD in pdf format) and Five (5) complete paper<br />
copies <strong>of</strong> the entire proposal by 4:00 p.m. on March 2, 2012. It is the responsibility <strong>of</strong> the proposer to<br />
submit the response by the proper time. No oral, telegraphic, electronic, facsimile or telephone statements<br />
will be considered. These shall be submitted to:<br />
<strong>City</strong> <strong>of</strong> <strong>Kerman</strong><br />
<strong>City</strong> Clerk’s Office<br />
Attn: Marci Reyes<br />
942 S. Madera Avenue<br />
<strong>Kerman</strong>, CA 93631<br />
The <strong>City</strong> reserves the right to reject any or all qualification applications and to waive any irregularities in any<br />
responses received at its sole discretion. PROPOSALS RECEIVED BY CITY AFTER THE STATED<br />
DEADLINES WILL NOT BE CONSIDERED FOR EVALUATION.<br />
Format <strong>of</strong> Proposal<br />
The RFQ has been structured to provide specific requirements, which function as a standardized<br />
framework for the evaluation <strong>of</strong> a prospective proposer’s qualifications. Response shall be prepared simply<br />
and economically, avoiding the use <strong>of</strong> elaborate promotional material beyond what is sufficient to provide a<br />
complete accurate and reliable presentation. The responses to this RFQ must be made in accordance with<br />
the format set forth in this Section. Only responses that have been determined to be responsive will be<br />
considered. Failure to adhere to the following format may be cause for rejection <strong>of</strong> the response as nonresponsive.<br />
In order to be considered for selection the solar PV system Developer, the respondent entities will submit<br />
the following items in the specified order:<br />
A. Table <strong>of</strong> Contents<br />
Include a complete and clear listing <strong>of</strong> headings and pages to allow easy reference to key<br />
information, as follows:<br />
1. Cover Letter<br />
The cover letter should be no longer than two (2) pages and include the information listed<br />
below. The cover letter shall be signed by a person(s) authorized to bind the company to<br />
all commitments made in response to the RFP.<br />
RFQ: Solar Photovoltaic System (WWTP)<br />
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i. Business name, address, e-mail, and phone/fax numbers <strong>of</strong> the prospective<br />
Develoer and legal entity such as corporation, partnership, etc;<br />
ii. Name and telephone number <strong>of</strong> the person who will be authorized to represent the<br />
Proposer regarding all matters related to the proposal and any contract<br />
subsequently awarded to the Proposer;<br />
iii. Number <strong>of</strong> years the prospective Developer has been in business under the<br />
present business name, as well as related prior business names;<br />
iv. A statement designating the personnel <strong>of</strong> the Developer who will be providing the<br />
proposed services and describing their qualifications and relevant experience with<br />
performing the required services;<br />
v. A statement that the Developer has an organization that is adequately staffed and<br />
trained to perform the required services or demonstrate the capability for recruiting<br />
such staff; and<br />
vi. A statement <strong>of</strong> qualifications for the proposed project highlighting the firm’s<br />
specific experience in the preparation <strong>of</strong> solar PV systems, specifically, solar PV<br />
systems for municipal wastewater treatment plants.<br />
2. Project Understanding<br />
Brief summary indicating that the proposer understands <strong>of</strong> RFQ goals, objectives, scope<br />
and tasks <strong>of</strong> the PV Project outlined in this RFQ.<br />
3. Methods and Strategic Plan<br />
Describe your method and plan for carrying out the scope <strong>of</strong> service outlined in this RFQ.<br />
4. Qualifications and Experience<br />
This section shall contain a description <strong>of</strong> the team's demonstrated experience in providing<br />
solar PV systems for public entities and/or the private sector. Proposer shall provide<br />
thorough answers to the following list <strong>of</strong> questions. The responses to these questions will<br />
be included in the <strong>City</strong>’s evaluation <strong>of</strong> the proposer. In addition, the responses to these<br />
questions will be incorporated into and made a part <strong>of</strong> the contract. In your proposal please<br />
restate the questions followed by the response.<br />
a. What is the general type <strong>of</strong> work <strong>of</strong> your firm?<br />
b. What is your firm’s experience designing, financing, building, and<br />
operating a grid-connected solar PV projects in California and the United<br />
States?<br />
c. Is your firm located in the Central Valley? If your firm is located outside the<br />
Central Valley, what will be done to ensure access?<br />
RFQ: Solar Photovoltaic System (WWTP)<br />
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5. Key Personnel<br />
d. What is your firm’s quality assurance process for this type <strong>of</strong> contract<br />
work?<br />
e. How will you handle staff changes and vacancies created over the life <strong>of</strong><br />
the contract? How will you ensure <strong>City</strong> approval <strong>of</strong> replacement staff<br />
before any changes are made to a project team?<br />
f. Provide any additional information regarding your firm to assist the <strong>City</strong> in<br />
evaluation your firm’s qualifications.<br />
i. The firm shall demonstrate past solar PV systems experience. The proposer shall<br />
identify and list five (5) projects specifically related to the scope <strong>of</strong> work outlined in<br />
this RFQ. The projects listed should be structured as PPAs with at least one<br />
project in California developed for a public entity within PG&E territory. Project<br />
descriptions will include:<br />
1. The project name<br />
2. Project location<br />
3. Project size (total cost and project capacity in kW)<br />
4. Project type (turnkey or third-party energy sales)<br />
5. Year completed<br />
6. Name, phone number, and e-mail address <strong>of</strong> Project Manager<br />
7. Name, phone number, and e-mail address <strong>of</strong> client contact<br />
8. Brief description <strong>of</strong> the project (equipment manufacturer, model, ro<strong>of</strong>mounted<br />
or ground-mounted, etc.)<br />
This section includes, but is not limited to, a listing <strong>of</strong> all required personnel and<br />
qualifications for each position. A Project Manager must be designated and identified, and<br />
a detailed resume must be submitted; resumes <strong>of</strong> other key personnel should be provided.<br />
If sub-consultants will be used, please describe the experience and the exact tasks that<br />
each firm will perform.<br />
If a team <strong>of</strong> firms submits response to this RFQ, then the following information will be<br />
supplied.<br />
Name <strong>of</strong> lead or prime firm and the name and contact information for the prime<br />
firm’s representative.<br />
Roles and responsibilities <strong>of</strong> each team member, and the relationship between the<br />
team members. (May include organizational chart).<br />
History <strong>of</strong> past projects that the team members have worked on together.<br />
RFQ: Solar Photovoltaic System (WWTP)<br />
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6. Financial Capacity<br />
The <strong>City</strong> is seeking a proposer who can deliver and assure that the solar PV system will be<br />
financed, and financed on a timely manner. Proposals will include audited financial<br />
statements for the past 2 years for the proposer or the prime firm (the firm signing the<br />
PPA) if a team proposal is submitted. Proposer will provide details on experience with<br />
financing solar PV projects <strong>of</strong> similar-type, including proposed sources <strong>of</strong> project funding<br />
for this RFQ. Proposers will also demonstrate that they or key member <strong>of</strong> their team (i.e.,<br />
general contractor) have the bonding capacity to accommodate the magnitude <strong>of</strong> the<br />
project. Proposers should describe their bonding capacity and name the relevant sureties<br />
or insurance companies that serve as their performance bonding agent.<br />
7. Special Funding<br />
This section refers to special funding opportunities, such as grants, in addition to typical<br />
funding incentives (e.g., PG&E rebate program, federal tax incentives) that could also be<br />
used to implement the project. The <strong>City</strong> has NOT applied for any solar PV grants at this<br />
time. All grant applications will be the responsibility <strong>of</strong> the proposer.<br />
8. References<br />
Proposal shall include a minimum <strong>of</strong> three recent (within past 5 years) references for<br />
similar solar PV projects. At least one <strong>of</strong> these projects must be structured as a PPA with a<br />
municipal wastewater treatment plant within PG&E territory. Please provide the name, title,<br />
address, phone numbers, and e-mail address <strong>of</strong> these references and a brief description <strong>of</strong><br />
the projects/contracts performed.<br />
9. Contractual Compliance with Warranty<br />
The proposer will provide a statement indicating commitment to the minimum warranties<br />
for the project. The standard warranty coverage should be at least 10 years for systems<br />
and 20 years for PV modules and provide the following:<br />
1. Comprehensive on-site training in PV system operations, safety and<br />
maintenance consistent with warranty and service contract provisions.<br />
2. Annual on-site inspections, including system testing (including a check <strong>of</strong> the<br />
operating current <strong>of</strong> each electrical string) and adjustment and routine<br />
maintenance.<br />
3. System performance monitoring and historical data access for customer via<br />
secure website. Data should include system energy and power production,<br />
ambient temperature, wind speed, and isolation.<br />
4. Daily system monitoring including reporting <strong>of</strong> problems to customer and<br />
dispatch <strong>of</strong> resources for expeditious resolution <strong>of</strong> problems<br />
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10. Project Schedule and Timing<br />
11. Litigation<br />
For evaluation purposes, please submit a schedule for a typical 200 kW ro<strong>of</strong>top project<br />
and a minimum 300 kW ground mount project indicating expected milestones, with each<br />
task referenced from the notice to proceed.<br />
Indicate whether the proposer or any team member or any <strong>of</strong>ficer or principals have been<br />
party to any lawsuit involving the performance <strong>of</strong> any equipment it has installed, including<br />
environmental litigation, and provide a summary <strong>of</strong> the issues and status <strong>of</strong> the lawsuits.<br />
12. License Classification<br />
In accordance with the provision <strong>of</strong> California Public Contract Code Section 33000, the<br />
<strong>City</strong> has determined that any construction contractor used for the project will possess a<br />
valid Class-A General Engineering Contractor’s license. Please provide a statement that<br />
the proposer (or team member) meets this requirement.<br />
13. Safety Record<br />
The proposer shall provide their Worker’s Compensation Insurance Experience<br />
Modification Rate(s) for the last three years (with support documentation).<br />
14. Additional Data<br />
15. Declaration<br />
Include any other data that the Proposer considers relevant to an understanding and<br />
evaluation <strong>of</strong> the proposal.<br />
Submit a declaration under penalty <strong>of</strong> perjury by an authorized corporate <strong>of</strong>ficer or<br />
principal, stating that reasonable diligence has been used in preparation <strong>of</strong> the response to<br />
the RFQ and that all information provided is true, correct, and complete.<br />
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SECTION IV: SUBMITTAL SCHEDULE<br />
Per California Government Code Section 4217.12 and related sections, public entities have the statutory<br />
authority to seek and deliver energy-related projects using a selection process defined by the individual<br />
public entity. This Request for Qualifications is the first step in the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong>’s selection process. Any<br />
Developer who wishes to be considered for a solar development contract with the <strong>City</strong> must submit the<br />
required information for the above referenced solar PV Project. No negotiations will be held with<br />
Developers that have not qualified for the Project. Each respondent to the RFQ must demonstrate that it<br />
satisfies the project requirements described in this RFQ in order to be selected as an eligible Respondent.<br />
The <strong>City</strong> intends to select one from the qualified RFQ bidders list to develop and install turnkey PV system<br />
installations at one or more sites to be selected over the next six (6) to eighteen (18) month period.<br />
1. Requesting a Copy <strong>of</strong> the RFQ<br />
The RFQ documents, including addenda, will be posted on the <strong>City</strong> website, www.city<strong>of</strong>kerman.org. To<br />
obtain a copy <strong>of</strong> this RFQ, please contact Marcy Reyes, <strong>City</strong> Clerk, at (559) 846-9380 or via e-mail<br />
mreyes@city<strong>of</strong>kerman.org. Please include in your request: Company Name, Contact Person, Mailing<br />
Address, valid e-mail address, and telephone number.<br />
2. Submitting a Proposal<br />
One (1) electronic copy (CD in pdf format) and Five (5) complete paper copies <strong>of</strong> the entire proposal will be<br />
submitted to the <strong>City</strong> Clerk’s Office, attention <strong>of</strong> Marci Reyes, 850 S. Madera Avenue, <strong>Kerman</strong>, CA 93630<br />
by no later than 4:00 p.m. Pacific Standard Time on March 2, 2012.<br />
3. Questions from Proposers<br />
Questions from proposers must be addressed to Mr. Luis Patlan, Director <strong>of</strong> Planning and Development, on<br />
or before 4:00 p.m. Local Time on February 24, 2012 by telephone at (559) 846-9389 or via e-mail at<br />
lpatlan@city<strong>of</strong>kerman.org.<br />
4. RFQ Review Timeline<br />
Following is the Project Selection process timetable, subject to change at the <strong>City</strong>’s sole discretion:<br />
Milestone/Action Item Date<br />
Request for Qualifications Issued February 3, 2012<br />
Deadline for Submittal <strong>of</strong> Request for Qualifications March 2, 2012<br />
RFQ Panel Review March 12, 2012<br />
Interview Panel (if deemed necessary after reviews) March 26 – March 30, 2012<br />
Select Project Developer and Execute Letter <strong>of</strong> Intent April 13, 2012<br />
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5. RFQ Withdrawal<br />
The <strong>City</strong> reserves the right to withdraw this RFQP at any time without prior notice or to reject all<br />
submissions and re-issue the RFQ. The <strong>City</strong> makes no representations that any contract will be awarded to<br />
any Proposer responding to the RFQ.<br />
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SECTION V: SELECTION PROCESS<br />
1. Evaluation Process<br />
Responses will be evaluated by an Evaluation Committee team that will grade and rank all responses<br />
with respect to criteria specifically developed to examine the technical competence and suitability <strong>of</strong><br />
prospective Developer. The <strong>City</strong> reserves the right to interview firms to further evaluate qualifications. If<br />
interviews are not held, final selection will be base solely on the RFQ submittal.<br />
2. RFQ Evaluation Criteria<br />
The <strong>City</strong> reserves the right, at its sole discretion, to accept a response that does not satisfy all<br />
requirements but which, in the <strong>City</strong>’s sole judgment, sufficiently demonstrates the ability to produce,<br />
delivery, design, permit and install a substantial volume <strong>of</strong> turnkey grid-connected PV projects and to<br />
satisfy the major requirements set forth in this RFQ. The <strong>City</strong> reserves the right to interview any or all<br />
respondents to this RFQ, or to ask for additional information or clarifications. The <strong>City</strong> expects to<br />
complete its evaluation process to select qualified contractors, but reserves the right to change key<br />
dates and action as the need arises.<br />
Principal evaluation criteria include the following:<br />
Criteria Weighting<br />
Qualifications - Demonstrated experience <strong>of</strong> firm (and team) in developing, designing, 45%<br />
and constructing turnkey grid-connected PV projects in a timely manner (minimum <strong>of</strong> five<br />
300kWp functioning grid-connected solar PV projects).<br />
Demonstrated financial capacity to fund similar-type solar facilities as outlined in the<br />
30%<br />
RFQ<br />
Demonstrated experience <strong>of</strong> development team and key personnel 10%<br />
Development approach for feasibility analysis, design, financing and construction <strong>of</strong> PV 5%<br />
solar facility<br />
Other relevant information submitted and overall quality <strong>of</strong> the response to the RFQ 5%<br />
References<br />
Pass/Fail<br />
Similar solar PV projects completed<br />
Ability to work cooperatively with city staff and sub-consultants<br />
Total 100%<br />
3. Final Approval<br />
The successful proposer will be named after the proposal (and presentations) are evaluated. The<br />
committee will make recommendation to the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> Director <strong>of</strong> Planning and Development.<br />
The contract for this Project will be awarded to the qualified Developer able to negotiate terms for<br />
the project that provides for the “best value” to the <strong>City</strong> as determined by the <strong>City</strong> and its agents.<br />
Any contract resulting from this RFQ will be awarded by the <strong>City</strong> Council.<br />
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SECTION VI TERMS AND CONDITIONS<br />
A. General Conditions<br />
This RFQ is a solicitation for proposals only, and is neither intended, nor to be construed as, an<br />
<strong>of</strong>fer to enter into an agreement or engage in any formal competitive bidding or negotiation<br />
pursuant to any statute, ordinance, rule, or regulation. This RFQ does not commit the <strong>City</strong> to award<br />
a contract. Thus, <strong>City</strong> reserves the unqualified right to reject any or all proposals for any reason.<br />
B. <strong>City</strong> Responsibilities<br />
<strong>City</strong> is responsible only for that which is expressly stated in this RFQ. <strong>City</strong> is not responsible for,<br />
and shall not be bound by, any representations otherwise made by any individual acting or<br />
purporting to act on its behalf.<br />
C. Contingencies<br />
The <strong>City</strong> reserves the right to accept or reject any or all proposals, or waive minor irregularities, if<br />
the <strong>City</strong> determines it is in the best interest <strong>of</strong> the <strong>City</strong> to do so. The <strong>City</strong> will notify all proposers, in<br />
writing, <strong>of</strong> selection and/or rejection <strong>of</strong> proposals.<br />
D. Compliance with RFQ<br />
Responses to this RFQ shall be made according to the specifications and instructions contained<br />
herein. Failure to adhere to RFQ instructions may be cause for rejection <strong>of</strong> any Proposal.<br />
E. Truth and Accuracy <strong>of</strong> Representations<br />
Substantially false, misleading, incomplete, or unresponsive statements and/or failure to adhere to<br />
the format herein described may be sufficient cause for rejection. The evaluation and determination<br />
<strong>of</strong> the fulfillment <strong>of</strong> the above requirement shall be in <strong>City</strong>’s sole judgment and shall be final.<br />
F. Acceptance or Rejection <strong>of</strong> Proposals<br />
Proposals shall remain open, valid, and subject to acceptance anytime up to six months after the<br />
proposal submission/opening date and time. The <strong>City</strong> realizes that conditions other than cost are<br />
important and will award contract(s) based on the proposal(s) that best meet the needs <strong>of</strong> the <strong>City</strong>.<br />
G. Proposal Submittal<br />
To be considered, all proposals must be submitted in the manner set forth in the RFQ. It is the<br />
proposer’s responsibility to ensure that its proposal arrives on or before the specified time.<br />
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H. Incurred Costs<br />
<strong>City</strong> shall not, in any way, be liable or responsible for any costs incurred in connection with the<br />
preparation, submittal, or presentation <strong>of</strong> any Proposal submitted in response to this request. All<br />
costs incurred in developing a proposal are the sole responsibility <strong>of</strong> the proposer.<br />
I. Public Records Act<br />
All proposals will become the property <strong>of</strong> the <strong>City</strong> and will not be returned to the proposer. The<br />
proposer should not include confidential information or trade secrets without expressly stating and<br />
identifying the information or trade secrets to be considered confidential, since all accepted RFQs<br />
will become public information. However, if such information is necessary to assure a competitive<br />
response, then the proposer is to follow the necessary guidelines for Confidential Information as<br />
discussed below.<br />
Responses to this RFQ become the exclusive property <strong>of</strong> <strong>City</strong>. At such time as <strong>City</strong> recommends to<br />
the <strong>City</strong> Council, all proposals submitted in response to this RFQ become a matter <strong>of</strong> public record.<br />
Exceptions will be those elements in each proposal which are trade secrets as that term is defined<br />
in Government Code section 6254.7 and which are marked as "TRADE SECRET,"<br />
"CONFIDENTIAL," or "PROPRIETARY." <strong>City</strong> shall not in any way be liable or responsible for the<br />
disclosure <strong>of</strong> any such records including, without limitation, those so marked if disclosure is<br />
deemed to be required by law or by an order <strong>of</strong> the Court. Proposer who indiscriminately identify all<br />
or most <strong>of</strong> their proposal as exempt from disclosure without justification may be deemed<br />
unresponsive.<br />
J. Negotiations<br />
The <strong>City</strong> may require the potential proposer selected to participate in negotiations to submit price,<br />
technical, or other revisions <strong>of</strong> their proposals, as may result from negotiations<br />
K. Withdrawal <strong>of</strong> Proposal<br />
Reponses to this RFQ maybe withdrawn after submission by written request <strong>of</strong> the respondent’s<br />
authorized representative prior to the date and time specified for response submissions.<br />
L. Award <strong>of</strong> Contract<br />
The proposer to whom a contract is awarded shall be required to enter into a written contract with<br />
the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> in a form approved by the <strong>City</strong> Attorney. This RFQ and the proposal, or any part<br />
there<strong>of</strong>, may be incorporated into and made a part <strong>of</strong> the final contract, however, the <strong>City</strong> reserves<br />
the right to further negotiate the terms and conditions <strong>of</strong> the contract with the selected proposer.<br />
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M. Contract Execution<br />
The resultant negotiated contract terms <strong>of</strong> this RFQ, once approved by <strong>City</strong> and sent to the<br />
selected firm, shall be executed and returned by the selected firm within five (5) calendar days from<br />
the time <strong>of</strong> receipt <strong>of</strong> the contract.<br />
N. Final Authority<br />
The final authority to award contracts rests with the <strong>City</strong>.<br />
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N<br />
<br />
<strong>Kerman</strong> WWTP Facilities<br />
RFQ: Solar Photovoltaic System (WWTP)<br />
Exhibit A<br />
Project Location<br />
82<br />
Church Avenue<br />
Jensen Avenue<br />
Madera Avenue (SR 145)<br />
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RFQ: Solar Photovoltaic System (WWTP)<br />
Exhibit B<br />
Historical Electrical Usage Data<br />
Wastewater Treatment Plant (WWTP)<br />
(This Page Intentionally Left Blank)<br />
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