.i. j-t. c;c-?,- .-if i.~?e:,.r+c~.;.,i UL::L~S 621 fr:~-;.sirw. AGENDA

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1 Updated Sepf. 13, 4:15 pm LS'os Banos.i. j-t. c;c-?,- A I- d-,er..-if i.~?e:,.r+c~.;.,i UL::L~S 621 fr:~-;.sirw.- AGENDA ADJOURNED CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 520 J Street Los Banos, California SEPTEMBER?7,2013 If you require special assistance to attend or participate in this meeting, please call the City Clerk's (209) at least 48 hours prior to the meeting. The City of Los Banos compbs with the Americans with Disabilities Act (ADA) of I * * * * * * * * * * * * * * * Si requiere asistencia especial para atender o participar en esta junta por favor Ilame a la oficina de la Secretaria de la ciudad a1 (209) a lo menos de 48 horas previas de la junta. La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www losbanos orq. * * * * * * * * * * * * a * * * / Cualquier escritura o 10s documentos proporcionaron a una mayoria del Ayuntamiento respecto a cualquier i j articulo en este orden del dia serd hecho disponible para la inspection pdblica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Ademas, tales escrituras y 10s documentos pueden ser anunciados en el website de la ciudad en CLOSED SESSION. (Members of the public may address the City Council on the following closed session items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.) A. Conference with Labor Negotiators, Pursuant to Government Code Section , Agency Designated Representatives: City Manager Carrigan, City Attorney Vaughn, City Clerk/Hurnan Resources Director Mallonee, Finance Director Williams, Chief of Police Brizzee, Legal Counsel Tuffo; Employee Organizations: Los Banos Police Officers Association (LBPOA), Los Banos Police Sergeants Association (LBPSA) CALL TO ORDER. Los Banos City Council Agenda - September 17, 2013 Page 1 of 3

2 Updated Sept. 13, 4:15 pm PLEDGE OF ALLEGIANCE ROLL CALL: (City Council Members) Faria -, Lewis, Silveira-, Stonegrove -, Villalta - CONSIDERATION OF APPROVAL OF AGENDA. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.) CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #I #I43382 in the Amount of $1,547, Recommendation: Approve the check register as submitted. B. City Council Resolution No Awarding the Bid for the Lease of Five New Medium Duty Trucks and Authorizing the Public Works DirectorlCity Engineer to Enter into the Lease. Recommendation: Adopt the resolution as submitted. C. City Council Resolution No Authorizing the City Manager to Execute an Administrative Services Agreement with the Los Banos Designated Local Authority as Successor Agency of the Los Banos Redevelopment Agency. Recommendation: Adopt the resolution as submitted PRESENTATION REGARDING INFORMATION TECHNOLOGY DEPARTMENT PROJECTS AND TASKS. Recommendation: Informational item, no action to be taken. ADVISEMENT OF PUBLIC NOTICES. (No Report) ClTY MANAGER REPORT ClTY COUNCIL MEMBER REPORTS A. Elizabeth Stonegrove B. Tom Faria C. Deborah Lewis - Los Banos City Council Agenda - September 17, 2013 Page 2 of 3

3 Updated Sept. 13, 4:15 pm D. Scott Silveira E. Mayor Michael Villalta 12. ADJOURNMENT. I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. \;RLceQ.f'.- Lucille L. Mallonee, City Clerk Dated this 13'~ day of September 2013 LOS Banos City Council Agenda - September 17, 2013 Page 3 of 3

4 CK # # /18/13 $1,547, Bank Reconciliation Checks By Date LOS Banos 09110/2013-9:05 AM User: jdemel0 Cleared and Not Cleared Checks Check No Check Date Name Comment ModuleVoid Clear Date Amount / Department of Public Health AP /30/2013 ABS Direct, Inc. AP 4, /30/2013 Allied Waste Services #917 AP 268, /30/2013 Ameripride Valley Uniform Serv AP /30/2013 Anthony Gomes Electric Service AP 1, /30/2013 Ascent Aviation Group, Inc. AP 21, /30/2013 AT&T AP /30/2013 AT&T AP /30/2013 Baker Supplies & Repair AP /30/2013 Battery Systems, Inc. AP 1, /30/2013 Bear Cat Mfg Inc AP /30/2013 BlueTarp Financial, Inc. AP /30/2013 Board of Equa1i7..ation AP /30/2013 Brenntag Pacific Inc AP 1, /30/2013 BSK AP 1, /30/2013 Carquest Auto Parts AP /30/2013 Steve Carrigan AP 1, /30/2013 City of Atwater AP 27, /30/2013 City of Dos Palos AP 4, /30/2013 City of Gustine AP 5, /30/2013 City of Merced AP 77, /30/2013 City of Livingston AP 13, /30/2013 Susan C. Covello AP /30/2013 Central Sanitary Supply AP /30/2013 Clark Pest Control Inc AP / Corneast AP /30/2013 Corneast AP /30/2013 CompuCom AP /30/2013 County of Santa Clara AP /30/2013 F S Rod Inc AP 1, /2013 Fastenal Company AP /30/2013 Fast Track Car Wash AP /30/2013 Fresno Truck Center AP /30/2013 Garton Tractor Inc AP /30/2013 Mary Lou Gilardi AP /30/2013 Goodwin Consulting Group AP 3, /30/2013 Grainger Parts Operations AP 1, /30/2013 Victoria Gonzalez AP /30/2013 Home Depot AI' 1, /30/2013 Lehigh Hanson HeidelbergCement AP /30/2013 Liebert Cassidy Whitmore AP 5, /30/2013 Los Banos Volunteer AP 2, /30/2013 Los Banos Ministries AP /30/2013 Los Banos Unified School Distr AP /30/2013 Steve Macillas AP /30/2013 Marfab Inc AP /30/2013 Matson Alarm Co Inc AP /30/2013 Jose Melendrez Sr. AP /30/2013 Merced County Clerk AP 2, /30/2013 Merced County Regional Waste M AP 6, BR - Checks by Date (09110/2013-9:05 AM) Page

5 Check No Check Date Name Comment ModuleVoid Clear Date Amount /30/2013 Arlanda Mitchell AP /30/2013 Napa Auto Parts AP /30/2013 New Pig Corporation AP 2, /30/2013 Gerald "Obie" O'Brien AP /30/2013 OnTrac AP /30/2013 P G & E Company AP /30/2013 Kristin Patterson AP /30/2013 PERS - Public Employees AP 123, /2013 Pinnacle Medical Group AP /2013 PR Diamonds Products Inc. AP /30/2013 Micheal Quinn AP OS/30/2013 Ronny's Landscaping AP 15, /2013 Scott Savage AP 2S /30/2013 San Joaquin River Exchange Con AP 4, /30/2013 Save Mart Supennarkets AP OS/30/2013 Sol's Mobile Service AP 1,4S /2013 Staples Credit Plan AP /30/2013 Terminix Processing Center AP Void /2013 Total Compensation Systems, In Al' 4, /2013 Tulare Firestone AP 1, Jerri Terry Realty AP 1l1.l OS/30/2013 Elaine Cory AP OS/30/2013 Alex Gutierrez AP 2S /30/2013 Westhill Property Mgmt AP /30/2013 Daniel and J cnefle Brewer AP /2013 Gary Silva AP 22.6S /30/2013 Eleen Furduto AP /30/2013 Merced Homes Realty AP /30/2013 Bobbi Young AP /30/2013 Anita Guerrero AP /30/2013 Sabrina Wingate AP /30/2013 David Dees AP /30/2013 Maria Tafolla AP /30/2013 Mei Wen Van AP /30/2013 Valley Power Systems, Inc AP 3, /30/2013 Law Offices of William A Vaugh AP 9, /30/2013 Verizon Wireless AI' Westamerica Bank - Cafeteria P AP 53, OS/30/2013 Western Pacific Signal, LLC AP /2013 Westside Water Conditioning AP /2013 Jennifer Williams AP 1, /2013 Windecker Inc AP 29, /2013 Young's Air Conditioning AP 13, /2013 Young's Automotive AP 1, /2013 Westamerica Bank - Cafeteria P AP 241, /2013 Aflac-Customer Service AP /2013 Aflac-Customer Service AP /2013 Aflac-Customer Service AP /2013 Aflac~Customer Service AP /04/2013 Bank of America AP 110, /2013 Bank of America AP 2, /2013 Bank of America AP 14, /2013 Hartford Life Ins Co AP /04/2013 Hartford Life Ins Co AP 5, /2013 In Shape Health Clubs Inc AP /2013 Los Banos Police Assn AP 2, /04/2013 Merced County Sheriff AI' /2013 Merced County Sheriff AP /2013 Nationwide Retiremt Solut Al' 1, /2013 PERS Long Term Care AP /2013 Professional Fire Fighter AP /2013 State Disbursement Unit AP 1, BR - Checks by Date (09/10/2013-9:05 AM) Page 2

6 Check No Check Date Name Comment ModuleVoid Clear Date Amount /04/2013 Vantagepont Transfer Agents- AP /2013 Vantagepoint Transfer Agents- AP /04/2013 Vantagepoint Transfer Agents- AP /2013 Westamerica Bank - Cafeteria P AP 2, /2013 ABS Direct, Inc. AP 1, /06/2013 Acquisition Partners Of Amreic AP 5, /06/2013 Ararnark Uniform Ser Inc AP /2013 AT&T AP /06/2013 Bank of America AP /06/2013 Bank of America AP Borelli Real Estate Service AP /2013 Bruce's Tire Inc AP 3, /06/2013 Corneast AP /06/2013 LN Curtis & Sons AP /2013 City of Los Banos Escrow Accou AP /06/2013 Food 4 Less AP /06/2013 Home Depot AP /06/2013 Integrated Electronics AP /06/2013 J W Professional Janitor AP /06/2013 Kimball Midwest AP /2013 Lincoln Equipment Inc AP /06/2013 Mrufab Inc AP /06/2013 McNamara Sports Inc AP 2, /2013 Merced County Regional Waste M AP 3, /06/2013 Merced County Regional Waste M AP 19, /06/2013 Merced Sun Star AP /06/2013 Merced Uniform & Accessories AP /06/2013 Napa Auto Parts AP /06/2013 The Office City AP /2013 OSE AP 1, /06/2013 O'Reilly Auto Parts AP 4, /06/2013 P G & E Company AP 133, /06/2013 P G & E Company AP 1, /06/2013 PERS - Public Employees AP 115, /06/2013 Ronny's Landscaping AP 26, /06/2013 Ronny's Landscaping AP 7, /06/2013 Ronny's Landscaping AP 6, SJVUAPCD AP /2013 Sinclair General Engineering C AP 81, /06/2013 Nancy Sierra AP /06/2013 T erminix Processing Center AP /06/2013 The Lew Edwards Group AP 5, /06/2013 Tree Doctor Rx Landcare AP /2013 U.S. Bank Equipment Finance AP 1, /2013 U.S. Bank Equipment Finance AP /2013 Pearl Downum AI' / Jack and Christina Jones AP /06/2013 Christina Staton AP /06/2013 Affection Clothing AP / l3iossom Valley Realty, JR Souz AP /06/2013 Crystal Martinez AP /06/2013 Henry Banuelos AP /06/2013 Susan and David Pernetti AP /06/2013 Lorraine Tinajaero AI' /2013 Richard and Stephanie Donofrio AP /2013 Bizhan Amini AP /06/2013 Holly Santos AP /06/2013 Ray Mojica AI' /2013 Hector Sanches-Hernandez AP Lodi Development, Inc AI' /06/2013 The Mattress Store AP /06/2013 Roxanne Kallio AP BR - Checks by Date (0911 0/20 I3-9:05 AM) Page 3

7 Check No Check Date Name Comment Module Void Clear Date Amount Total for Valid Checks: 1,547, Total Valid Checks: Total Void Checks: 173 Total Checks: 174 Break in Check Sequence due to the following Check # , (payroll checks) BR - Checks by Date (09/10/2013-9:05 AM) Page 4

8 LOS Banos Agenda Staff Report TO: FROM: DATE: SUBJECT: Mayor & City Council Members Mark Fachin, P.E., Public Works Director/City Engineer movh~ ~L September 17, 2013 Award of Bid for the Lease of Five New 2013/14 Medium Duty Trucks TYPE OF REPORT: Consent Agenda Recommendation: That the City Council adopt the Resolution to: 1. Award the bid for the Lease of Five New 2013/14 Medium Duty Trucks to Santos Ford in the amount of $234, plus interest for a total five year lease of $265,788.60; and 2. Authorize the Public Works Director/City Engineer to enter into a lease agreement with Santos Ford for the procurement of the Five New 2013/14 Medium Duty Trucks. Background: The Public Works Department has identified five vehicles that are in need of replacement due to age and the continual cost of maintenance to keep these vehicles operable for Department needs. Discussion: The Public Works Department released the bid documents for the Lease of Five New 2013/14 Medium Duty Trucks on August 2,2013. The bid opening for the Lease of Five New 2013/14 Medium Duty Trucks occurred on August 30, The Public Works Department, through the office of the City Clerk, received one (1) responsive bid from the following Dealership: Santos Ford - Los Banos - $234, plus interest.

9 The $234, plus interest will be paid in monthly increments for five consecutive years beginning in the 2013/14 Fiscal Year. The monthly cost of the lease for the Five New 2013/14 Medium Duty Trucks will be $4,429.81, interest included, for a total five year cost of $265, Santos Ford has met all the specifications provided in the bid documents and is recommended by staff the award of the bid. Santos Ford estimated the delivery period to be 120 days or less. Delivery would be expected on or before Mid-January Fiscal Impact: The bid amount of $234, plus interest for five years with a monthly cost of $4,429.81, interest included, for a total five year lease amount of $265, is within the Public Works Department estimated cost and budgeted amount for the 2013/14 Fiscal Year. Subsequent fiscal budgets will be adjusted to meet the lease payment schedule. With the estimated delivery date of on or before Mid-January 2014 it is estimated that six monthly payments would occur in this Fiscal Year. Total payments for this Fiscal Year would not exceed $26, The lease breakdown of costs per Public Works Divisions for the 2013/14 Fiscal Year is: Streets Division Solid Waste Division Waste Water Collection, Utilities Division Total Monthly Lease Account# $13, Account # $8, Account # $4, $26, Subsequent fiscal budgets will include the monthly lease cost of $4, to be allocated proportionally to the above Public Works Divisional Budget Accounts. Reviewed by: ~ 0"V'--... Steve Carrigan, City Manager Attachments: Resolution Bid Opening Sheet 2013/14 Fiscal Budget Sheets

10 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AWARDING THE BID FOR THE LEASE OF FIVE NEW 2013/14 MEDIUM DUTY TRUCKS AND AUTHORIZING THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO ENTER INTO THE LEASE WHEREAS, the City of Los Banos has a need to replace aged fleet vehicles and provide a replacement program to retire these vehicles; and WHEREAS, the City of Los Banos received sealed bids for the Lease of Five New 2013/14 Medium Duty Trucks that were officially opened on August 30,2013; and WHEREAS, it was determined that Santos Ford of Los Banos provided the lowest responsive and responsible bid of $234, plus interest for a total five year lease of $265, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the bid of $234, plus interest for a total five year lease cost of $265, from Santos Ford for the five year lease for the Five New 2013/14 Medium Duty Trucks and authorizes the Public Works Director/City Engineer to enter into the lease agreement. The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of September 2013, by Council Member who moved its adoption, which motion was duly seconded by Council Member and the Resolution adopted by the following vote: AYES: NOES: ABSENT: APPROVED: ATTEST: Michael Villalta, Mayor Lucille L. Mallonee, City Clerk 1

11 LOS Banos At Ille Crossroads of Ca li[o1'11 ia BID OPENING LEASE OF FIVE NEW 2013/14 MODEL MEDIUM DUTY TRUCKS FRIDAY, AUGUST 30, PM 1 Santos Ford $ 234, S;90oo ~ ~tzii2. Sa a enetti, Deputy City Clerk Dated: August 30, 2013 Witness: ~~~JdE==:::::;;;;::= ,-~ G ry H tsell, Assistant Public Works Director

12 City of Los Banos Street Adopted Budget General Fund - Fund 100 Street - Department 431 Maintenance - Activity Actual Actual Projected Adol!ted 101 Salaries $380,118 $249,313 $255,173 $368,942 I 02 PartTime 31,945 30,749 26,188 75, Overtime 11,032 5,066 11,077 15, Emeloyee Benefits 335, , , Personnel Services $758,900 $511,595 $556,883 $855, Grounds Maintenance $0 $241 $0 $ Fleet Repair & Maintenance 57,462 42,625 55,919 51, Equipment Repair & Maint 1, , Fleet Services 22,018 13,605 15,646 16, Facility Maintenance 4,799 3, , Rental Vehicles & Equipment 34,510 21,603 22,155 ~32, Sidewalk Gutter & Curb Maint. 23,830 15,983 18,990 35, Street Repair 35,075 38,183 81, , Professional Services 7,428 3,823 10,503 20, Medical Services , Recruitment ,100 1, Technical Services IT Services 5,313 1,703 2,539 4, Insurance 16,259 6,063 6,859 16, Memberships & Dues Communications 4,959 3,612 3,170 5, Advertising Permit Pees & Charges , Travel & Training ,266 2, Office Supplies 2,575 2,043 2,300 3, Uniform Expenses 5,783 3,537 3,482 6, Street Lights 114,728 80,567 74,694 78, Electricity & Gas 2,857 8,807 1,646 3, Gasoline & Oil 33,593 21,313 32,384 46, General Materials & Supplies 16,202 16,766 25,953 60, S2ecial Departmental EXEense 29,741 15,677 9,496 27,000 Supplies & Services $420,257 $302,539 $372,005 $519, Street/Road Construction $0 $1,027 $0 $0 740 Miscellaneous Equipment , Computer Equipment 0 0 a 1,510 Capital Outlay $0 $1,027 $0 $21, Street Charge-Out ($1,179,348) ($815,161) ($928,887) ($1,396,434) Charge-Out ($1,179,348) ($815,161) ($928,887) ($1,396,434) Total: Street ($191) $0 $1 $0 t12

13 City of Los Banos B usiness-t'f.fl.e Fund Adopted Budget Solid Waste & Street Sweeping - Fund 510 Waste Management - Department 490 General Services - Activity Actual Actual Projected Adopted 101 Salaries $217,451 $211,522 $211,519 $211, Part Time 38,352 31,572 38,000 46, Overtime 3,210 1, , Erneloyee Benefits 156, , , ,127 Personnel Services $415,248 $408,301 $447,571 $465, Grounds Maintenance $1,000 $998 $1,340 $1, Fleet Repair & Maint. 15,028 14,335 21,000 19, Equipment Maintenance ,000 2, Fleet Services 5,891 6,687 8,868 7, Facility Maintenance 2,054 1,894 2,000 2, Property Lease 56,280 56,280 56,280 56,280 ~208 Rental of Vehicles/Equipment 10,370 10,370 8,642 ft 12, Alley MaintenancelRepair 2,430 1,996 3,000 3, Professional Services 99 5,737 1,000 5, Medical Services , Recruitment , Teclmical Services 2,689,998 2,820,067 2,889,887 3,012, l.t. Services 5,313 2,720 3,967 4, Insurances 8,217 2,136 4,960 7, Membership & Dues Communications 2,053 2,208 2,400 2, Advertisement Solid Waste Dumping Fees 721, , , , Permit Fees & Charges Travel & Training Community Promotion Omee Supplies 1,961 1,068 1,500 2, Uniform Expcnse 2,153 2,169 2,600 3, Electricity & Gas 919 1,156 1,400 1, Gasoline & Oil 10,608 12,543 37,098 36, General Materials/Supplies 2,115 1,998 2,000 5, Special Dept. Expense 1,029 1,019 1,500 2,000 Supplies & Services $3,541,436 $3,690,379 $3,813,342 $3,994,

14 City of Los Banos Business-T!!.l1.e Fund Adopted Budget Wastewater - Fund 502 Wastewater Collection - Department 432 General Services - Activity Actual Actual Projected Adopted 101 Salaries $354,207 $353,518 $347,225 $348, Part Time 3,198 3,000 4,000 4, Overtime lo,642 10,764 17,000 18, Emplo~ee Benefits 251, , , ,115 Personnel Services $619,182 $647,573 $665,533 $684, Fleet Repair & Main!. $17,681 $20,607 $34,700 $25, Equipment Repair & Maint. 7,181 15,346 13,000 15, Fleet Services 16,937 16,717 20,603 17, Facility Maintenance ,500 1, Property Lease 2,946 2,946 3,000 3,000 )( 208 Rental - Equipment 5,713 8,734 7,000 'III 11, Professional Services 614 1,575 1,500 2, City Engineer 0 a 0 20, Medical Services , Recruitment Technical Services 3,982 5,030 5,000 5, IT Services 5,317 2,720 3,967 4, Insurances 9,854 3,925 8,936 13, Memberships & Dues Communications 977 1,490 2,000 2, Advertising Permits, Fees, & Charges 120, , , , Travel & Training 1, ,400 1, Office Supplies 1,054 1,423 1,500 1, Uniform Expenses 3,462 3,636 3,000 3, Electricity & Gas 50,992 61,176 48,000 49, Gasoline & Oil 15,028 15,231 20,818 21, General Materials & Supplies 24,512 19,150 28,855 40, Special Departmental Exp , Supplies & Services $289, I 04 $467,080 $330,624 $369, Land Purchase $46,352 $0 $0 $0 714 Storm Drain Improvement 66,888 1,717, , , Master Plan 16,991 2, Master Plan , Specialized Equipment , , Computer Equipment ,510 Capital Outlay $130,231 $1,719,598 $150,007 $1,222, Cbarge Out $0 $0 ($3,187) $0 Total: WW Collection $1,038,517 $2,834,251 $1,142,977 $2,276,

15 LOS Banos Agenda Staff Report TO: FROM: DATE: SUBJECT: Mayor Villalta a~y Council Members Sonya Williams, Finance Director September 17, 2013 Authorize the City Manager to Execute an Administrative Services Agreement with the Los Banos Designated Local Authority (DLA), as Successor Agency of the Los Banos Redevelopment Agency TYPE OF REPORT: Consent Agenda Recommendation: Staff recommends that the City Council authorize the City Manager to execute an Administrative Services Agreement between the Los Banos Designated Local Authority (DLA) and the City of Los Banos (City) for Administrative Services. Background: The DLA was established by statue to take all action necessary to wind down the affairs of the former Los Banos Redevelopment Agency (RDA). Most recently the Merced County Auditor Controller has been receiving cash and making selected payments on behalf of the DLA. Discussion: In order to fulfill its obligations with respect to the affairs of the former RDA, the DLA requires accounting and administrative services above and beyond those currently provided. In addition to the receipt of cash and check writing, the City will prepare and maintain books and records, tax reporting forms and files with respect to both receivable and payable obligations of the DLA. The City is best suited to provide these services to the DLA, as staff previously maintained the books and records of the former RDA before the dissolution. With Council approval, the City will begin performing services and charging for the administrative services as soon as funds can be transferred from the County to the City.

16 Fiscal Impact: The City will receive a total of $2,000 per month, plus actual costs incurred, to provide administrative and accounting services to the DLA. The contracted amount will recoup all costs incurred by City Staff and will be accounted for in General Fund Revenue. Reviewed by: ~r21~-- Steve Carrigan, City Manager Attachments: Resolution Administrative Service Agreement

17 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADMINISTRATIVE SERVICES AGREEMENT WITH THE LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCESSOR AGENCY OF THE LOS BANOS REDEVELOPMENT AGENCY WHEREAS, the Los Banos Designated Local Authority (DLA), has solicited the City of Los Banos to provide administrative and accounting services, as detailed in the attached Administrative Services Agreement. WHEREAS, there has been presented to the City Council of the City of Los Banos a proposal to enter into an Administrative Service Agreement with the DLA to provide administrative and accounting services; and WHEREAS, the City of Los Banos will receive $2,000 per month, plus actual costs incurred, to provide these services; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos authorizes the City Manager to execute an Administrative Services Agreement with the DLA. The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of September 2013 by Council Member who moved its adoption, which motion was duly seconded by Council Member and the Resolution adopted by the following vote: AYES: NOES: ABSENT: APPROVED: ATTEST: Michael Villalta, Mayor Lucille 1. Mallonee, City Clerk 1

18 ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement ("Agreement") is made and entered into as of the 1 st day of July, 2013, by and between the City of Los Banos, a municipal corporation ("City") and the Los Banos Designated Local Authority, as Successor Agency of the Los Banos Redevelopment Agency, a public body, acting under the authority of Part 1.85 of the California Health and Safety Code ("Successor Agency"). RECITALS A. The Los Banos Designated Local Authority, acting pursuant to the provisions of Part 1.85 of the Health and Safety Code (Part 1.85), is the Successor Agency to the former Los Banos Redevelopment Agency within the meaning of Part Any capitalized terms that are not specifically defined in this Agreement shall have the same meaning as set forth in Part B. In accordance with Section of Part 1.85, the Successor Agency is entitled to an Administrative Cost Budget that is payable from redevelopment property tax revenues ("RPTTF") allocated to the Redevelopment Obligation Retirement Fund ("RORF") by the county Auditor-Controller. C. The Successor Agency and its Oversight Board periodically approve an Administrative Cost Budget which includes certain City Staff Support Costs and other operating costs which are or may be supplied by the City to the Successor Agency. The Successor Agency and its Oversight Board are expected to continue to approve additional Administrative Cost Budgets as part of their respective approval of the Recognized Obligation Payment Schedule (''ROPS'') in six month increments for the operation of the Successor Agency. D. To ensure the effective implementation of Part 1.85, the City and Successor Agency desire to enter into this Agreement as of July 1, 2013, to allow the Successor Agency's utilization of City staff, facilities, and administrative resources (collectively, "City Services") in consideration for the Successor Agency's timely payment to City of a portion of the Administrative Cost Budget as set forth on an applicable ROPS approved by the California Department of Finance ("DOF"). E. The Successor Agency's payment for City Services shall not include the City's project management or staff costs associated with specific Enforceable Obligations listed on the Recognized Obligation Payment Schedule (collectively, "Project Costs"), which shall be charged separately to the Successor Agency and reimbursed separately by the Successor Agency from RPTTF deposited into the RORF. F. The Successor Agency is a separate legal entity and public agency from the City, and the City will establish accounts for the Successor Agency separate from City accounts, including accounts separate from the City's General Fund.

19 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained, City and Successor Agency agree as follows: Section 1. Scope of City Services. Effective July 1, 2013, the City shall provide Administrative Services agreed to by the City and Successor Agency included in any Administrative Cost Budget approved by the Successor Agency and its Oversight Board and set forth on a ROPS approved by DOF to implement the Successor Agency's duties under Part City shall maintain an accounting of the costs of providing such services to the Successor Agency. (a) following: City shall provide City services, which such City Services shall include the maintenance of the RORF on behalf of the Successor Agency and acceptance and deposit of RPTTF into such fund; investment of the RORF as directed and approved by the Successor Agency in Permitted Investments or maintenance thereof in a bank or "LAIF" account separate from any assets of the City and in the name of the Successor Agency; upon receipt of written notice signed or electronically transmitted by an Authorized Representative of Successor Agency to disburse RORF funds (the "Disbursement Instruction"), prepare and deliver checks signed by an Authorized Signator and/or wire transfers to the party indicated in the Disbursement Instruction after confirming that an invoice or other supporting documentation has been submitted to verify the disbursement and that such disbursement appears on a ROPS approved by DOF; prepare and maintain monthly and/or quarterly Bank Reconciliations, General Ledger, Trial Balance and Warrant Lists records/reports, as requested by Successor Agency staff for presentation at Successor Agency and Oversight Board meetings and for purposes of an annual audit of the Successor Agency; report payments of income as required by law, by providing IRS Form 1099-B or other applicable form reporting the aggregate amount of income received by any person from the Successor Agency; (b) "Permitted Investments" shall be one or more of the following: i. direct obligations of, or obligations fully guaranteed as to principal and interest by, the United States or any agency or instrumentality thereof, provided such obligations are backed by the full faith and credit of the United States, including but not limited to, the HighMark Funds U.S. Government Money Market Fund; or City Fiscal Agent Agreement

20 ii. a deposit account insured by the Federal Oeposit Insurance Corporation, provided, however, that such deposit account shall not exceed $250,000. Any interest earned on Permitted Investments shall be the property of, and credited to the accounts of, the Successor Agency. (c) "Authorized Representative" shall mean (i) Christopher Jicha, or such other employee of Kosmont Companies as shall be designated by Kosmont Companies, or, (ii) in the absence of a Kosmont Companies representative, Joy Otsuki, or such other employee of Leibold, McClendon & Mann, PC ("LMM") as shall be designated by LMM. (d) "Authorized Signator" shall mean Michael Amabile or such other party authorized by the Successor Agency Board (but excluding any Authorized Representative), except that wire transfers for bond payments due in accordance with an applicable bond payment amortization schedules shall be made upon the instruction of the Authorized Representative. Section 2. Payment for City Services. In consideration for the Successor Agency's utilization of City Services, Successor Agency shall pay the City in accordance with the schedule attached hereto as Exhibit A (the "Schedule of Charges"). Notwithstanding the foregoing, City acknowledges that the Successor Agency is not permitted to make payments except pursuant to a ROPS approved by OOF. Successor Agency agrees to place appropriate payments for the City Services on each ROPS during the effectiveness of this Agreement. Successor Agency shall promptly notify City if the City Services on any ROPS are not approved by OOF, or if the County Auditor Controller reduces the Administrative Cost Budget to an amount less than that approved by OOF. Any change in the Scope of Services or change in the Schedule of Charges shall be subject to the prior approval of the City, and in the event of City's election not to approve any such change, City shall have the right to terminate this Agreement in accordance with Section 14. City shall bill Successor Agency on a monthly basis based on the Schedule of Charges. City shall provide a revised Schedule of Charges to Agency at least sixty (60) days before the due date of the ROPS for the period in which City desires an increase in the Schedule of Charges to go into effect. Any increases requested by the City shall be subject to the approval of the Successor Agency Board, the Oversight Board to the Successor Agency, and OOF. The Administrative Cost Budget monies shall be paid to the City no later than fifteen (15) business days from receipt of a bill from City. Section 3. Records for City Services. City shall maintain complete and accurate records with respect to the City Services performed under this Agreement. All such records shall be maintained on a generally-accepted accounting basis and shall be clearly identified and readily accessible. City shall provide free access to the representatives of Successor Agency at all proper times to such books and records, and Successor Agency shall have the right to audit the same, and to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings, and City Fiscal Agent Agreement

21 activities related to the performance of this Agreement for a period of five (5) years from the date of final payment for work performed under this Agreement. In addition to the above accounting records, City shall maintain records to show actual time and allowable costs submitted for reimbursement with respect to the scope of services set forth herein. Section 4. Personnel and Working Relationship. All of the City services hereunder to be provided shall be performed by City personnel, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such service. None of the work or services covered by this Agreement shall be subcontracted by City unless approved in writing in advance by the Successor Agency. Neither City personnel nor the City Attorney shall be permitted to perform legal services on behalf of the Successor Agency. Section 5. Project Costs. Project Costs shall be charged separately to the Successor Agency and reimbursed separately by the Successor Agency from RPTTF deposited into the RORF. Section 6. Sole Agreement. This Agreement supersedes and cancels all other discussions, representations and agreements, which may exist between the City and Successor Agency regarding the subject matter hereof. Section 7. Notice of Default. If either party defaults with regard to the provisions of this Agreement, the non-defaulting party shall serve written notice of such default upon the defaulting party. Except for a default by Successor Agency resulting from a failure to make timely payment to City for the City Services in accordance with Section 2, which such default shall be cured within ten (10) days after service of the notice of default, if the default is not cured by the defaulting party within thirty (30) days after service of the notice of default, or if the default is not commenced to be cured within thirty (30) days after service of the notice of default and is not cured promptly within a reasonable period of time after commencement, the defaulting party shall be liable to the non-defaulting party in accordance with applicable law and shall have the right to terminate this Agreement without further notice; provided, however, that nothing herein shall obligate the City to make any payments or transfer of any assets from the City's General Fund, except in the form of City Services provided to the Successor Agency, and nothing herein shall obligate the Successor Agency to make any payments or transfer of assets from any source other than the RORF. City shall not be required to expend or risk any of its own funds or otherwise incur any liability, financial or otherwise, in the performance of any of its duties hereunder, except as set forth herein. Section 8. Termination For Convenience of Successor Agency or City. Either party hereto may terminate this Agreement without cause at any time by giving written notice of such termination to the other party and specifying the effective date thereof, at least forty five (45) days before the due date of the ROPS for the effective date of such termination. In that event, City shall be reimbursed its allowable costs in accordance with this Agreement to the date of termination. City Fiscal Agent Agreement

22 Section 9. No Waiver of Reservation of Rights or Limitation of Liability. Notwithstanding anything to the contrary herein, nothing herein shall be deemed as a waiver by City or Successor Agency of any reservation of rights to challenge the application or effectiveness of Assembly Bill No. 26 ( st Ex. Sess.), or any portions thereof, or as a waiver of any limitations of liability granted to City or Successor Agency under AB x1 26, as amended by AB Section 10. Hold Harmless. City shall hold Successor Agency harmless from all liability, claims, or damages incurred as the result of any errors or omissions of the officers, agents, or employees of City in performing services described in this Agreement on behalf of and for Successor Agency. Successor Agency shall hold City harmless from all liability, claims, or damages incurred as the result of any errors or omissions of the officers, agents, or employees of Successor Agency in directing the City Services described in this Agreement. The parties acknowledge that City's primary role is to serve the City of Los Banos and not other agencies. Successor Agency, however, has requested the City Services and City is willing to provide them subject to this paragraph. Section 11. Limitation on Liability. Neither City nor Successor Agency shall in any event be entitled to, and each hereby waives, any right to seek loss of profits, or any special, incidental or consequential damages of any kind or nature, however caused, from the other party arising out of or in connection with this Agreement, even if the other party has been advised of the possibility of the damages, and in connection with such waiver each party is familiar with and hereby waives the provision of 1542 of the California Civil Code which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Section 12. Non-Assignment. Neither party shall assign, transfer or subcontract their rights or duties under this Agreement without the prior written consent of the other party and any such attempted assignment is void. Section 13. Relationship of Parties. It is understood that this Agreement is not intended to and shall not be construed to create a relationship of agent, servant, employee, partnership, joint venture or association. In particular, in the event of a legal conflict of interest, Successor Agency expressly waives the right to disqualify the City Attorney from representing City in any matter involving Successor Agency, and City expressly waives the right to disqualify Successor Agency Counsel from representing Successor Agency in any matter involving City. Section 14. Funding Shortfalls. The Successor Agency is responsible for anticipation of funding shortfalls and communication to the county if it is anticipated there will be inadequate funding to pay for City Services and/or other obligations of the City Fiscal Agent Agreement

23 Successor Agency. Successor Agency shall notify City in writing immediately upon determining that there will be inadequate funding to pay for City Services. In that event, City may terminate this Agreement upon ten (10) days notice to Successor Agency. Section 15. Ownership of Documents. All documents, information and materials of any and every type prepared by the City pursuant to this Agreement shall be the property of the Successor Agency. Such documents shall include but not be limited to data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the City in performing work under this Agreement, whether completed or in process. City shall take commercially reasonable steps to maintain such Successor Agency materials in accordance with all applicable laws. Section 16. Amendments. This Agreement may be modified or amended only by a written document executed by both the City and the Successor Agency and approved as to form by the City Attorney. Section 17. Controlling Law and Venue. The City and the Successor Agency agree that the law goveming this Agreement shall be that of the State of Califomia. Any suit brought by either party against the other arising out of the performance of or otherwise relating to this Agreement shall be filed and maintained in the County of Merced. Section 18. Notices. All notices and demands of any kind that either party may be required or desires to serve upon the other party shall be in writing and shall be served upon the other party by personal service or by mail, certified or registered, postage prepaid, addressed as follows: If to City: Courtesy copy to: If to Successor Agency: City of Los Banos Attn: City Manager 520 J Street Los Banos, CA Sonya Williams Finance Director 520 J Street Los Banos, CA Kosmont Companies Attn: Christopher Jicha 865 S. Figueroa Street, Suite 3500 Los Angeles, CA Section 19. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect. City Fiscal Agent Agreement

24 (signatures an following page) City Fiscal Agent Agreement

25 IN WITNESS THEREOF, the parties have executed this Agreement as of the date first above written. CITY OF LOS BANOS By: Steve Carrigan, City Manager ATTEST: APPROVED AS TO FORM: Lucy Mallonee, City Clerk By:-:-:c~_-:-:--:----:-----=:::--:-- William A. Vaughn, City Attorney LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY OF THE LOS BANOS REDEVELOPMENT AGENCY By: Michael Amabile, Chair City Fiscal Agent Agreement

26 EXHIBIT A SCHEDULE OF CHARGES Fee for services Successor Agency shall pay City $12,000 per each six (6) month ROPS period at the rate of $2, per month, plus actual costs incurred, due on the first (1 5t) day of every month. Travel costs City shall be reimbursed for actual costs incurred for travel expenses and subsistence where such expenses are directly related to the performance of this Agreement. All travel shall be approved in advance by Successor Agency. Other direct costs. In addition to fees for services, the City shall be reimbursed for direct expenses, including, but not limited to, mileage, photocopying, data sources, courier, overnight delivery, and long distance phone calls. City Fiscal Agent Agreement

27 LOS Banos Agenda Staff Report TO: FROM: DATE: SUBJECT: TYPE OF REPORT: Mayor & City Council Members Rick Spalding, IT Manager ~ September 17,2013 Review of IT Department Projects and Tasks Informational Item Recommendation: Staff has prepared this informational item for council review and to receive comments. There is no council action regarding this informational item. Background: This report provides the public and the City Council with update information regarding projects and tasks that the IT Department has accomplished over the past several months, as well as current and future projects. Reviewed by: ~C1~ Steve Carrigan, City Manager