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Meeting date/time:
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7/3/2023
6:00 PM
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Minutes status:
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Final
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Meeting location:
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City Council Chamber, 2nd Floor, Merced Civic Center, 678 W. 18th Street, Merced, CA 95340
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23-574
| 1 | B.1. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE APPOINTMENT - TITLE: City Attorney; AUTHORITY: Government Code 54957 | | |
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23-572
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9 (d)(4): one (1) Potential Case | | |
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23-576
| 1 | F.1. | | Special Presentation Item | SUBJECT: Presentation from the Merced County Association of Governments (MCAG) Providing an Update to Council
REPORT IN BRIEF
A presentation will be given from the Merced County Association of Governments (MCAG) providing an update to Council. | | |
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23-080
| 1 | I.1. | | Consent Item | SUBJECT: Reading by Title of All Ordinances and Resolutions
REPORT IN BRIEF
Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and a summary title may be read with further reading waived.
RECOMMENDATION
City Council - Adopt a motion waiving the reading of Ordinances and Resolutions, pursuant to Section 412 of the Merced City Charter. | approved | Pass |
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23-539
| 1 | I.2. | | Consent Item | SUBJECT: Information Only Contracts for the Month of June 2023
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $36,000 and of Public Works contracts under $82,718. | approved | Pass |
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23-431
| 1 | I.3. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of December 19, 2022
REPORT IN BRIEF
Official adoption of previously held meeting minutes.
RECOMMENDATION
City Council/Public Financing and Economic Development/Parking Authority - Adopt a motion approving the meeting minutes of December 19, 2022. | approved | Pass |
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23-581
| 1 | I.4. | | Consent Item | SUBJECT: Approval of a Retainer Agreement with Marderosian and Cohen to Provide Specialized Legal Services
REPORT IN BRIEF
Considers approving a Retainer Agreement with Marderosian and Cohen to represent the City in seeking recovery of any and all monetary damages suffered, past present and future as a result of the January 2023 flooding events emanating from Bear Creek and other related creeks, rivers, channels and flood control and irrigation facilities located in Merced County, California.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Retainer Agreement with Marderosian & Cohen to provide specialized legal services; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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23-575
| 1 | I.5. | | Consent Item | SUBJECT: Adoption of City of Merced Resolution 2023-57 A Resolution of City Council of the City of Merced Electing to Serve as the Successor Agency to the Redevelopment Agency of the City of Merced
REPORT IN BRIEF
The former Merced Redevelopment Agency was dissolved effective in February 2012 with legislation passed in 2011. The City opted not to be a Successor Agency, and the State formed a Designated Local Authority to close out the business of the former Redevelopment Agency. After nearly 10 years, the Designated Local Authority members desire to transition the closeout to the City of Merced as the Successor Agency.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2023-57, a Resolution of the City Council of the City of Merced Electing to Serve as the Successor Agency to the Redevelopment Agency of the City of Merced, Pursuant to Health and Safety Code Section 34171(j) and Section 34173. | approved | Pass |
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23-559
| 1 | I.6. | | Consent Item | SUBJECT: Approval of a First Amendment to Professional Services Agreement with Eide Bailly LLP for Financial Auditing and Related Services for an Additional $14,000 for a Total not to Exceed Amount of $218,850
REPORT IN BRIEF
Considers approving a First Amendment to the Agreement with Eide Bailly LLP for Professional Auditing and Related Services for an additional $14,000 and a total not to Exceed the Amount of $218,850.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the First Amendment with Eide Bailly LLP for Professional Auditing and Related Services for an additional $14,000 and a total not to Exceed Amount of $218,850; and,
B. Authorizing the City Manager or Deputy City Manager to execute all necessary documents. | approved | Pass |
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23-537
| 1 | I.7. | | Consent Item | SUBJECT: Approving the 2023-2024 Master Tow Service Agreement
REPORT IN BRIEF
Considers approving the 2023-2024 Merced Police Department Tow Service Agreement that will go into effect July 1, 2023 and expire June 30, 2024.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the 2023-2024 Master Tow Service Agreement; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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23-527
| 1 | I.9. | | Consent Item | SUBJECT: Approval of Agreement for Use of City Right-of-Way with ATHOULA GROUP, LLC for a Grease Interceptor, Including Necessary Plumbing in the Alley Behind 443 W. 18th Street
REPORT IN BRIEF
Considers approving the agreement for use of City right-of-way with ATHOULA GROUP, LLC for a Grease Interceptor, including necessary plumbing in the alley behind 443 W. 18th Street.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the agreement for use of City right-of-way with ATHOULA GROUP, LLC; and,
B. Authorizing the City Manager or designee to execute the necessary documents. | approved | Pass |
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23-513
| 1 | I.10. | | Consent Item | SUBJECT: Approval of Additional Contingency in the Amount of $32,529.76 for Additional Work Which is Reflected in Change Order No. 5 (Final) Associated with Project No. CP190042 - (CMAQ) John Muir Sidewalks
REPORT IN BRIEF
Considers approving an increase to the contingency in the amount of $32,529.76 for additional work, credits, and quantity adjustments for Project No. CP190042 - (CMAQ) John Muir Sidewalks.
RECOMMENDATION
City Council - Adopt a motion:
A. Increasing the contingency to 12% of the original contract amount and approving Change Order No. 5 (Final) for Project CP190042- (CMAQ) John Muir Sidewalks, with Avison Construction, Inc., in the amount of $ 41,029.81; and,
B. Authorizing the City Manager or Deputy City Manager to sign the necessary documents. | approved | Pass |
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23-524
| 1 | I.11. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Authorizing the Purchase of a Restroom and a Concession/Restroom Building for Project CP220061 - Community Park 42 (CP-42) with CXT Precast Concrete Products in the Amount of $628,570.40 Through Sourcewell Cooperative Purchasing Process
REPORT IN BRIEF
Considers approving to waive of the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 and approving the purchase a restroom and a concession/restroom for Community Park 42.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as allowed by Merced Municipal Code Section 3.04.210 to utilize cooperative agreements through Sourcewell, a government procurement program; and,
B. Approving the purchase of a 11’x 26’ Dakota Restroom in the amount of $172,062.80 through Sourcewell contract # 081721-CXT; and,
C. Approving the purchase of a custom Santiago concession/restroom building in the amount of $465,507.60 through Sourcewell contract # 081721-CXT; and,
D. Authorizing the F | approved | Pass |
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23-341
| 1 | I.12. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase Under State of California Cooperative Agreement 1-22-70-31C (PC Goods - Dell Laptops) and State of California Cooperative Agreement 1-19-70-19D-1 (Dell/EMC Products - Enterprise Technology) with PC Specialists Inc., dba Technology Integration Group (TIG), in a not to Exceed Amount of $120,000 in Fiscal Year 2023/2024
REPORT IN BRIEF
Considers approving to waive the competitive bid process to allow for the cooperative purchase under State of California Cooperative Agreement 1-22-70-31C (PC Goods - Dell Laptops) and State of California Cooperative Agreement 1-19-70-19D-1 (Dell/EMC Products - Enterprise Technology) with PC Specialists Inc., dba Technology Integration Group (TIG).in a not to Exceed Amount of $120,000 in Fiscal Year 2023/2024.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving to waive the competitive bidding requirements as stated in Section 3.04.210 of the Merced Municipal Code due to piggybacking; and,
B. Authorizing the use of State of California Cooperative Ag | approved | Pass |
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23-386
| 1 | I.13. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase Under State of California Cooperative Agreement 1-22-70-31A (Dell Desktop Computers, Dell Thin Desktops, Dell Thin Laptops, and Dell Rugged Laptops) with Granite Data Solutions in a not to Exceed Amount of $300,000 in Fiscal Year 2023/2024
REPORT IN BRIEF
Considers approving to waive the competitive bid process to allow for the cooperative purchase under State of California Cooperative Agreement 1-22-70-31A (Dell Desktop Computers, Dell Thin Desktops, Dell Thin Laptops, and Dell Rugged Laptops) with Granite Data Solutions in a not to Exceed Amount of $300,000 in Fiscal Year 2023/2024
RECOMMENDATION
City Council - Adopt a motion:
A. Approving to waive the competitive bidding requirements due to cooperative purchasing as stated in Section 3.04.210 of the Merced Municipal Code; and,
B. Authorizing the use of State of California Cooperative Agreement1-22-70-31A (Dell Desktop Computers, Dell Thin Desktops, Dell Thin Laptops, and Dell Rugged Laptops); and,
C. Authorizing the City Manager | approved | Pass |
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23-401
| 1 | I.14. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase with Competitively Bid Contracts; (State of California Cooperative Agreement 1-22-70-37 (PC Goods - Panasonic Rugged Laptops); State of California Cooperative Agreement 1-22-70-08H (Rugged Tablets/Rugged 2-in-1 Devices,Panasonic); State of California Cooperative Agreement 1-19-70-19H-3 (Enterprise Technology(Data Center Equipment) Hewlett Packard Enterprise (HPE)OEM); Monterey County Office of Education CALSAVE #530067; State of Utah Cooperative Online Marketplace Contract MA3458; Sourcewell Contract #081419; NASPO ValuePoint Software Value-Added Reseller ADSP016-130652) with CDW-G in a not to Exceed Amount of $500,000 in Fiscal Year 2023/2024
REPORT IN BRIEF
Considers approving to waive the competitive bid process to allow for the cooperative purchase with competitively bid contracts; (State of California Cooperative Agreement 1-22-70-37 (PC Goods - Panasonic Rugged Laptops); State of California Cooperative Agreement 1-22-70-08H (Rugged Tablets/Rugged 2-in-1 Devices,Panasonic); State of Ca | approved | Pass |
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23-403
| 1 | I.15. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase with Competitively Bid Contract; County of Merced 2021 AMS FOCUS Agreement 2021092 051821 with AMS.net in a not to Exceed Amount of $300,000 in Fiscal Year 2023/2024
REPORT IN BRIEF
Considers approving to waive the competitive bid process to allow for the cooperative purchase with competitively bid contract; 2021 AMS FOCUS Agreement 2021092 051821 with AMS.net in a not to exceed amount of $300,000 in Fiscal Year 2023/2024.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving to waive the competitive bidding requirements as stated in Section 3.04.210 of the Merced Municipal Code due to piggybacking; and,
B. Authorizing the use of 2021 AMS FOCUS Agreement 2021092 051821; and,
C. Authorizing the City Manager or Deputy City Manager to execute the necessary documents; and,
D. Authorizing the Finance Officer to make necessary budget adjustments; and,
E. Authorizing the purchase of goods through AMS.net in the amount not to exceed $300,000 for Fiscal Year 2023-24. | approved | Pass |
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23-409
| 1 | I.16. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase Under State of California Cooperative Agreement 1-19-70-19B-2 (Data Center Equipment CISCO - OEM) and State of California Cooperative Agreement 1-19-70-19C-1 (Data Center Equipment Commvault - OEM) with Presidio Networked Solutions Group, LLC in a not to Exceed Amount of $100,000 in Fiscal Year 2023/2024
REPORT IN BRIEF
Considers approving to waive the competitive bid process to allow for the cooperative purchase under State of California Cooperative Agreement 1-19-70-19B-2 (Data Center Equipment CISCO - OEM) and State of California Cooperative Agreement 1-19-70-19C-1 (Data Center Equipment Commvault - OEM) with Presidio Networked Solutions Group, LLC in a not to Exceed Amount of $100,000 in Fiscal Year 2023/2024.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving to waive the competitive bidding requirements as stated in Section 3.04.210 of the Merced Municipal Code due to piggybacking; and,
B. Authorizing the use of State of California Cooperative Agreement 1-19-70-19B-2 (Da | approved | Pass |
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23-470
| 1 | I.17. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase Under State of California Cooperative Agreement 1-19-70-19D-2 (Data Center Equipment) Dell/EMC - OEM with Ahead, Inc. dba Kovarus, Inc. in a not to Exceed Amount of $100,000 in Fiscal Year 2023/2024
REPORT IN BRIEF
Considers approving to waive the competitive bid process to allow for the cooperative purchase under State of California Cooperative Agreement 1-19-70-19D-2 (Data Center Equipment) Dell/EMC - OEM with Ahead, Inc. dba Kovarus, Inc. in a not to Exceed Amount of $100,000 in Fiscal Year 2023/2024.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving to waive the competitive bidding requirements as stated in Section 3.04.210 of the Merced Municipal Code due to piggybacking; and,
B. Authorizing the use of State of California Cooperative Agreement 1-19-70-19D-2 (Data Center Equipment) Dell/EMC - OEM; and,
C. Authorizing the City Manager or designee to execute the necessary documents; and,
D. Authorizing the purchase of up to $100,000 of goods through Ahead, Inc. dba Kov | approved | Pass |
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23-516
| 1 | I.18. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Approval of Two Separate Agreements for Professional Services with PrivITation Consulting Corp. for Maintenance of Heating and Air Conditioning Equipment at City Hall and the Police Central Station in the Amount of $18,972 and at the Wastewater Treatment Plant in the Amount of $27,132, for the Contract Term Ending June 30, 2024
REPORT IN BRIEF
Considers approving to waive the City’s competitive bidding requirements and approving two separate Agreements for Professional Services with PrivITation Consulting Corp. for maintenance of heating and air conditioning systems at the Civic Center, Police Central Station, and the Wastewater Treatment Plant.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code Section 3.04.210 for professional services; and,
B. Approving the Agreement for Professional Services with PrivITation Consulting Corp, in the amount not to exceed $18,972 for maintenance of the heating and air conditioning systems | approved | Pass |
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23-535
| 1 | I.19. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Approve the Purchase of Parts, Equipment, and Supplies as Necessary for Public Works Maintenance and Operations through June 30, 2024
REPORT IN BRIEF
Considers approving to waive the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 and approving the purchase of various parts, equipment, and supplies for Public Works maintenance and operations for Fiscal Year 2023/2024.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code Section 3.4.210 for annual supplies and services; and,
B. Approving the purchase up to $90,000 with All-Phase Electric Supply through June 30, 2024; and,
C. Approving the purchase up to $300,000 with Badger Meter through June 30, 2024; and,
D. Approving the purchase up to $115,000 with Brisco Enterprises through June 30, 2024; and,
E. Approving the purchase up to $75,000 with Central Valley Trucking through June 30, 2024; and,
F. Approving the purchase up to $ | approved | Pass |
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23-484
| 1 | I.20. | | Consent Item | SUBJECT: Approval of Two Agreements for Professional Services with Provost and Pritchard Engineering Group, Incorporated, for the PCE Groundwater Project No. CP240022, in an Amount of $275,000
REPORT IN BRIEF
Considers approving two separate agreements for environmental remediation services for the PCE Groundwater Project.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Agreement for Professional Services (cleanup contract) with Provost and Pritchard Engineering Group, Incorporated, in the amount of $240,000 for PCE groundwater cleanup; and,
B. Approving the Agreement for Professional Services (reporting contract) with Provost and Pritchard Engineering Group, Incorporated, in the amount of $35,000 for report drafting; and,
C. Authorizing the City Manager or Deputy City Manager to execute necessary documents. | approved | Pass |
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23-500
| 1 | I.21. | | Consent Item | SUBJECT: Authorization to Apply for Federal Emergency Management Agency Funds, Through the California Office of Emergency Services, for Wastewater Treatment Facility Seismic Improvements, Project GR230015
REPORT IN BRIEF
Considers authorizing an application to the California Office of Emergency Services, Hazard Mitigation Grant Program, for wastewater treatment facility seismic improvements funds.
RECOMMENDATION
City Council - Adopt a motion:
A. Authorizing staff to apply for Wastewater Treatment Facility Seismic Improvements, Project GR230015, funding through the California Office of Emergency Services, Hazard Mitigation Grant Program, in an amount of $29,846,500; and,
B. Adopting Resolution 2023-56, A Resolution of the City Council of the City of Merced, California, authorizing the filing of a Hazard Mitigation Assistance Application with the California Office of Emergency Services for seismic upgrades to the Wastewater Treatment Facility, authorizing the maximum amount of any Financing Agreement, designating a source of revenue to pay any Financing Agreement, and designati | approved | Pass |
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23-502
| 1 | I.22. | | Consent Item | SUBJECT: Approval of Third Amendment for Elevator Maintenance Services with TK Elevator Corporation in the Amount of $23,724 for the July 1, 2023 to June 30, 2024 Contract Term
REPORT IN BRIEF
Considers approving a third amendment for elevator maintenance services with TK Elevator Corporation in the amount of $23,724 for the 23/24 Fiscal Year.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Third Amendment with TK Elevator Corporation for Elevator Maintenance Services for an annual not-to-exceed amount of $23,724; and,
B. Authorizing the City Manager or designee to execute the necessary documents. | approved | Pass |
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23-533
| 1 | I.23. | | Consent Item | SUBJECT: Award Bid to SNF Polydyne for the Supply and Delivery of Cationic Polymer Emulsion for the Wastewater Treatment Plant in the Annual Amount not to Exceed $700,000 for Fiscal Year 2023-2024 and Fiscal Year 2024-2025, for a Total Amount Not to Exceed $1,400,000 Through June 30, 2025
REPORT IN BRIEF
Considers awarding the bid to SNF Polydyne for the supply and delivery of cationic polymer emulsion for use at the City’s Wastewater Treatment Plant.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the bid to SNF Polydyne for the supply and delivery of cationic polymer emulsion in the annual not to exceed amount of $700,000 for Fiscal Years 2023/2024 and 2024/2025; and,
B. Authorizing the Purchasing Supervisor to issue the purchase order(s). | approved | Pass |
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23-538
| 1 | I.24. | | Consent Item | SUBJECT: Approval of a Second Amendment to Agreement for Supplies and Services with Univar Solutions USA, Inc., in the Amount of $150,000 for the Supply and Delivery of Sodium Fluoride for the Contract Period Ending June 30, 2024
REPORT IN BRIEF
Considers approving a second amendment with Univar Solutions USA, Inc., in the amount of $150,000 for the supply and delivery of sodium fluoride through June 30, 2024.
RECOMMENDATION
City Council - Adopt a motion
A. Approving a Second Amendment to Agreement for Supplies and Services with Univar Solutions USA, Inc., for the purchase of sodium fluoride in the amount not to exceed $150,000 for the contract term ending June 30, 2024; and,
B. Authorizing the City Manager or Deputy City Manager to execute any necessary documents. | approved | Pass |
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23-517
| 1 | I.8. | | Consent Item | SUBJECT: Award of Bid and Authorization to Purchase Public Safety Vehicle Parts in an Amount not to Exceed $154,316.05 with Stommel Inc., dba Lehr Auto Electric
REPORT IN BRIEF
Considers awarding the bid and authorizing for the purchase of Public Safety vehicle parts in order to outfit up to ten (10) Police patrol vehicle SUVs, up to two (2) Police trucks and up to ten (10) unmarked sedans or vehicle not to exceed the amount of $154,316.05 with Stommel, Inc., dba Lehr Auto Electric.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the bid for the supply of the requested Public Safety vehicle parts to Stommel Inc., dba Lehr Auto Electric; and,
B. Approving purchases of Public Safety vehicle parts in an amount not to exceed $154,316.05 from Stommel Inc., dba Lehr Auto Electric; and,
C. Authorizing the City Manager or designee to execute any necessary documents and issue purchase orders within the approved amounts. | approved | Pass |
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23-590
| 1 | I.25. | | Consent Item | SUBJECT: Approval of the Animal Control Contract with the County of Merced to Provide Housing, Handling, Securing, Transfer and Disposition of Dogs and Cats Captured by Ordinance or Code and Delivered by the City’s Designated Animal Control Provider and the Approval of a Supplemental Appropriation in the Amount of $260,000 from the Unreserved, Unencumbered General Fund Balance to Support the Established Trap Neuter Return Program
REPORT IN BRIEF
Considers approving an agreement with the County of Merced to provide services for the housing and handling of animals impounded at the Merced County Animal Shelter.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a contract with the County of Merced to provide services for the housing and handling of animals impounded at the Merced County Animal Control Shelter; and,
B. Approving a Supplemental Appropriation in the amount of $260,000 from the unreserved, unencumbered General Fund balance; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments; and,
D. Authorizing the City Manager o | approved | Pass |
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23-540
| 1 | J.1. | | Business Item | SUBJECT: Request to Add Item to Future Agenda
REPORT IN BRIEF
Provides members of the City Council to request that an item be placed on a future City Council agenda for initial consideration by the City Council. | | |
Action details
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23-542
| 1 | J.2. | | Business Item | SUBJECT: City Council Comments
REPORT IN BRIEF
Provides an opportunity for the Mayor and/or Council Member(s) to make a brief announcement on any activity(ies) she/he has attended on behalf of the City and to make a brief announcement on future community events and/or activities. The Brown Act does not allow discussion or action by the legislative body under this section. | | |
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