Ceres City Council
June 27, 2022

AG
ENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
C
ity Council Chambers, 2701 Fourth Street
Monday, June 27, 2022 – 6:00 p.m.

M
ailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER
Ma
yor Lopez

ROLL CALL
M
ayor Javier Lopez
Vice Mayor Bret Silveira (District 3)
Council Members: District 1 James Casey; District 2 (Vacant); District 4 Mike Kline NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), CERES RESOLUTION NO 202 2-48, AND THE FEDERAL AMERICANS WITH DISABILITIES ACT. WHILE THIS MEETING WILL BE PHYSICALLY

OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID- 19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE APPLICATION, ZOOM.

Clic
k this link to join the webinar:
https://us02web.zoom.us/j/89539170135?pwd=YphvyNjKEmzGJpkZakP6wZTsmLoNJW.1 W
ebinar ID: 895 3917 0135; Passcode: 567973; or Dial: (669) 900-6833

REMOTE PUBLIC COMMENT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM T HE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR

WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.
*If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at (209) 646-4812 or by email at [email protected] City Council Agenda
2 INVOCATION
I
nvocation by Pastor Jim Stochl, Harvest Presbyterian.

PLEDGE OF ALLEGIANCE
P
ledge of Allegiance led by Mayor Lopez

PRESENTATIONS
A. S
tanislaus Homeless Strategic Plan Implementation by Chairman of the Stanislaus Homeless Alliance Brad Hawn
B. T
he Retail Coach Presentation by Project Director Austin Farmer C. S
tate Water Emergency Regulation presentation by Public Works Superintendent Karen Morgan
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non-agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are entitled to address the City Council on any agenda item subject to the 5- minute provision.

APPOINTMENTS TO BOARDS/COMMISSIONS
N
one

CONFLICT OF INTEREST DECLARATION

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Council Member or public for special consideration.

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. C
lerks Report of Posting. The agenda of the June 27, 2022 City Council meeting was posted on Wednesday, June 22, 2022. (Interim City Clerk)

2. W
aive Readings. All Readings of Ordinances and resolutions are waived. (Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (Interim City Clerk)

3. A
pproval of Minutes (Interim City Clerk)
a. Minutes of June 13, 2022 Regular City Council meeting.

City Council Agenda
3 4. R
egister of Audited Demands for Period covering June 7, 2022 through June 15, 2022. (Dias)

5. G
eneral Correspondence – Information Only
a. Public Works monthly report for May 2022 (Royal)

6. R
esolution No. 202 2-___, Awarding a Landscaping and Janitorial Maintenance Contract with EMTS, Inc. to perform Landscape Maintenance Services for Smyrna Park, River Bluff Park, and City rights -of-way, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract. (Royal)

7. R
esolution No. 2022-XX, Approving the use of ARPA funds to purchase ten (10) additional all-in-one MDCs for Police vehicles and authorizing staff to move forward with the purchase. (Frederick)

8. R
esolution No. 2022-XX, Approving the use of ARPA funds to purchase thirty (30) new Cradlepoint wireless routers for Police vehicles and authorizing staff to move forward with the purchase. (Frederick)

9. R
esolution No. 2022-XX, Authorizing Staff to submit an application to the Bureau of Justice Assistance for the Patrick Leahy Bulletproof Vest Partnership to reimburse up to fifty percent (50%) of the purchase cost of ballistic vests for the Police Department. (Collins)

10. R
esolution No. 2022 -XX, Authorizing the City Manager to approve a Purchase Order with Shape, Inc. for the purchase of a FLYGT Pump for the Tranquil Storm Lift Station. (Royal)

11. R
esolution No. 2022-XX, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. (Interim City Clerk)

12. R
esolution No. 2022 -XX, Approving an Update to the Ceres Economic Development Strategic Plan to be completed by Chabin Concepts, Inc. (Sims)

13. R
esolution No. 2022 -XX, Approving the use of ARPA funds for a sole source purchase of two (2) LIFEPAC 15 monitors/defibrillators and authorizing staff to move forward with the purchase. (Wise)

14. R
esolution No. 2022-XX, Authorizing the City Manager to Execute a Three- Year Intergovernmental Cooperation Agreement with Stanislaus County for Participation in the Urban County Community Development Block Grant (CDBG) Program Consortium for Fiscal Years 2023-2026. (Hoem)

15. R
esolution No. 2022 -XX, Authorizing the City Manager to Execute a One- Year Consortium Agreement with Stanislaus County for Participation in the HOME Investment Partnerships Program Consortium for Fiscal Year 2022- 2023.

Resolution No. 2022-XX, Authorizing the City Manager to Execute a Three-Year City Council Agenda

4 C
onsortium Agreement with Stanislaus County for Participation in the HOME Investment Partnerships Program Consortium for Fiscal Years 2023-2026. (Hoem)

16. R
esolution No. 2022 -XX, Authorizing the City Manager to enter into a contract (MOU) with Stanislaus Council of Governments (StanCOG) for the suballocation Regional Early Action Planning (REAP) Funds. (Hoem)

17. R
esolution No. 2022-XX, Authorizing the Selection of JJACPA, Inc. to Perform the Annual Audit of the City of Ceres and Its Component Units for Fiscal Years Ending June 30, 2022 and June 30, 2023. (Dias)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

18. R
esolution No. 2022-59, Approving the Electric Vehicle Charging Station License Agreement with the Turlock Irrigation District and Authorizing the City Manager to Execute the Contract. (Royal)

PUBLIC HEARING

19. Resolution No. 2022-63, Approving the Engineer’s Annual Report, Confirming the Assessment and Ordering the Levy for the 1987 Landscape and Lighting District for Fiscal Year 2022-2023. (Waugh)

20. R
esolution 2022-XX, Establishing the Annual Assessment Levy for the 2022- 23 Fiscal Year on the businesses in the Downtown Area defined in the Ceres Downtown Revitalization Area Board (CDRAB) Annual Report for the activities and programs of the Ceres Downtown Revitalization Area Board for Fiscal Year 2022-

23. (Sims)

NEW BUSINESS

21. R
esolution No. 2022 -XX, A pproving a supplemental “Year 3 Optional Contract Extension” with The Retail Coach to provide ongoing Recruitment of Retailers and Developers for an additional 12 months as part of a Retail Recruitment & Development Strategy for Ceres and authorize the City Manager to execute the agreement. (Sims)

DISCUSSION ITEMS

22. T
raffic Calming Analysis Report: Canyon Drive

COUNCILMEMBER REFERRALS
Council Members request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2- City Council Meetings, J -8.

City Council Referrals/Determination of Items for Agenda.)

23. P
allet Yard Report (Requested by Councilmember Kline)
City Council Agenda
5 REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities. • M
ayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor

CLOSED SESSION

24. Liability Claims, Cal. Gov’t Code §54956.95
“For the purposes of [Section 54956.9], ‘existing facts and circumstances’ shall consist only of one of
the following: The receipt of a claim pursuant to the Government Claims Act (Division 3. 6 (
commencing with Section 810) of Title 1 of the Government Code) or some other writte n c
ommunication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.” Claimant: Walter W. Wells and Scott McFarlane
Claimed Against: City of Ceres

25. Liability Claims, Cal. Gov’t Code §54956.95
“For the purposes of [Section 54956.9], ‘existing facts and circumstances’ shall consist only of one of
the following: The receipt of a claim pursuant to the Government Claims Act (Division 3. 6 (
commencing with Section 810) of Title 1 of the Government Code) or some other writte n c
ommunication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.” Claimant: Baljit Athwal and Daljit Atwal
Claimed Against: City of Ceres

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on July 11, 202 2 at 6:00 p.m. i n the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA

AFFIDAVIT OF POSTING
I, Cristina Aguilar, Deputy City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on June 22, 2022, at the following locations in Ceres:
• C
ommunity Center Display Case - 2701 Fourth Street
______________________________________
Cristina Aguilar, Deputy City Clerk
City Council Agenda

6 Council Agenda: The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us
and posted at the time and places
noted above.

Related Materials: 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 City Clerk’s Office at City Hall located at 2720 Second Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538-5731.

Notice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II)

California Drought
New Restrictions
June 10, 2022
ITEM C

DROUGHT CONDITIONS
U.S. Drought Monitor
https://droughtmonitor.unl.edu/CurrentMap/StateDroughtMonitor.aspx?CA ITEM C
Water Year 2022
• Above average
October and
December
• Below average for
most of the year

PRECIPITATION
California Department of Water Resources
California Department of Water Resources. (n.d.). Current conditions. RetrievedJune 20, 2022, from https://water.ca.gov/Current-Conditions
ITEM C
Water year 2015, a
very wet year with
above average
precipitation for much
of the year

PRECIPITATION
California Department of Water Resources
California Department of Water Resources. (n.d.). Current conditions. RetrievedJune 20, 2022, from https://water.ca.gov/Current-Conditions
ITEM C

RESERVOIR CONDITIONS THROUGHOUT THE STATE

RESERVOIR CONDITIONS IN OUR NEIGHBORHOOD
California Department of Water Resources
California Department of Water Resources. (n.d.). Current conditions. RetrievedJune 20, 2022, from https://water.ca.gov/Current-Conditions
ITEM C
Turlock Irrigation District
• Third consecutive dry year
• 67% of average rainfall in watershed
• 20.20 inches
• Projects 2021-22 as third driest on record
• Normal water allotment is 48”
• 2020 reduction 42”
• 2021 reduction 34”
• 2022 reduction is 27”
• 45% reduction
• 2015 (severe drought) reductions to 18”
• 62% reduction

TUOLUMNE RIVER WATERSHED AND SURFACE WATER
Don Pedro Reservoir
Turlock Irrigation District. (2022, June 13). Drought resources. Retrieved from https://www.tid.org/irrigation/drought-resources/
ITEM C
California Department of Water Resources
California Department of Water Resources. (n.d.). Basin prioritization. RetrievedJune 20, 2022, from https://water.ca.gov/programs/groundwater-management/basin-prioritization Turlock Subbasin
West Turlock Groundwater
Sustainability Agency
The Groundwater Sustainability Act of 2014
• Member of the West Turlock Groundwater
Sustainability Agency
• Not a critically overdrafted basin
• Basins to the north, south, and west are
critically overdrafted
• Sustainability Plan submitted in January 2022
• Goal is for groundwater balance and
sustainability
• SRWA will reduce groundwater demands and
diversify source
ITEM C
Dry Well Program
Reported Dry Wells
since 2021 in nearby
counties
• Tuolumne 5 wells
• Stanislaus 19 wells
• Merced 56 wells
5 19
56 0
10 20
30 40
50 60
Tuolumne Stanislaus Merced
Domestic Rural Dry Wells 2021-2022
ITEM C
0 50
100
150
200
250
300
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
Million Gallons
Conservation
2022
2020
15%
Target
Conservation Program
Robust Conservation Program
• Residents met previous goals
• Began in 2014
• 20% by 2020
• Today goal of 15% compared
to 2020
• Not meeting goal
• California is not meeting its
goal 15% reduction
• State Conservation of
only 3.7%
ITEM C
546 94 4 296 444
10405
0 2000
4000
6000
8000
10000
12000
Water Meter Accounts Types
COMM GOV / School Gov-Irr
Irrigation MFR-Apt Duplex SFR
Ceres has 11,789 water meters
• Residential meters account
for 10,405 connections
• Or 88% of all accounts
• Residents used 1,300.80 MG
in 2021
• Residential meters are indoor
and outdoor usage
Water Meter Accounts
ITEM C
546
94 4
296
0 100
200
300
400
500
600
Water Meter Accounts Targeted for New Regulation
COMM GOV / School Gov-Irr Irrigation
Commercial Institutional and
Industrial (CII) meters accounts
• Total 940
• Or 8% of all accounts
• Used 492.90 MG in 2021
• Most CII accounts have a
separate irrigation meter
Water Meter Accounts
ITEM C
State of California Office of Administrative Law
passed the second conservation restriction on
June 10th, 2022. This bans the use of potable
water on decorative or non-functional turf.

They also asked to implement Level II of our
Drought Contingency Plans
A New Statewide Mandate June 10, 2022
ITEM C

COMPLIANCE INCENTIVE

OPTIONS COMPLIANCE ENFORCEMENT

OPTIONS
Commercial Turf Rebate Program
• Apply for the program which include a site visit
from staff to measure areas
• Once approved, non-residential accounts can
remove up to 1,000 sq/ft for a max of $1,000.

COMPLIANCE INCENTIVE IDEAS
• Increase Turf Rebate Program
• Offer free bark to hold in moisture for plant
roots
• Offer free compost and mulch from our Cal
Recycle Program that can be used for
relandscaping with drought tolerant plants
• Offer rebates for switching to drip irrigation
• Outreach and education
• State Regulation allows an agency for
impose non-compliance of up to
$500.00 a day.

COMPLIANCE ENFORCEMENT
IDEAS
• Add no watering of nonfunctional for
CII accounts to the 13.08.20 Rules and
regulations in Muni Code
• Increase staff patrol during non-
working hours
ITEM C
Ways to convert dry
grass
ITEM C
Xeriscaping, drought
tolerant plants, and
native plants
ITEM C
Conservation is a way
of life. Staff would like
to encourage long term
conservation choices.

ITEM C
Questions?
ITEM C
ITEM C

DRAFT MINUTES

CITY COUNCIL REGULAR

MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in person)
City Council Chambers, 2701 Fourth Street

Monday, June 13, 2022 – 6:00 p.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Lopez called the June 13, 2022 meeting to order.

ROLL CALL – Present:

Mayor: Javier Lopez
Vice Mayor: Brett Silveira (District 3)
Council Members: James Casey (District 1) and Mike Kline (District 4) Note: District 2 - Vacant

District 1 -
Councilmember Casey
District 2 –
Vacant
District 4 –
Councilmember Kline
District 3 –
Vice Mayor Silveira
Mayor Lopez
Present -- Present Present Present

INVOCATION

Provided by Pastor Kaitlyn Haley-Deisher, Ceres Valley View Church of Nazarene.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance was led by Mayor Lopez.

City Council meeting was conducted in accordance with California Governor Newsom’s Executive Orders N-20-20 and N-35-20 and COVID-19 pandemic protocols. This meeting was open to the public with limited capacity seating.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 13, 2022

PRESENTATIONS

A. Proclamation for 75th Anniversary of Society for disABILITIES.

M
ayor Lopez presented a Proclamation to Executive Director Cathy Mendoza of the Society for disABILITIES in honor of their 75th Anniversary.

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

David King spoke regarding traffic concerns of speeding/reckless driving near his residence and the need for more enforcement.

David Pratt spoke regarding water usage notices and water wasters.

Ray Smith spoke regarding the need for the City to work together with affected ranchette owners on construction issues related to the Safe Routes to School Morgan Road Corridor Improvements project.

Gene Yeakley inquired as to if City services might be reduced due to fuel price increases, commended the use of ARPA funding for cleanup by West Coast Arborist s, and requested an apology from City Council related to the May 9, 2022 City Council meeting.

Jose Gonzalez spoke regarding the Safe Routes to School Morgan Road Corridor Improvement project related to his family being evicted by their landlord and asked for project timelines.

John Osgood spoke regarding Measure H Committee vacancies and meeting process.

Maria Castillo spoke regarding traffic concerns and the need for more police officers.

Rosalinda Vierra spoke regarding changes in the City Clerk’s office, Measure H Committee vacancies, and traffic concerns.

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

No Council conflicts were declared.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 13, 2022

CONSENT CALENDAR

1. Clerks Report of Posting. The agenda of the June 13, 2022 City Council meeting was posted on Wednesday, June 8, 2022. (Interim City Clerk)

2. Waive Readings. All Readings of Ordinances and resolutions are waived. (Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (Interim City Clerk)

3. Approval of Minutes (Interim City Clerk)
a. Minutes of the May 4, 2022 Special City Council meeting and the May 23, 2022 Regular City Council meeting.

4. Register of Audited Demands for Period covering May 18, 2022 through June 1, 2022. (Dias)

5. General Correspondence – Information Only
a. Redevelopment & Economic Development Department Activities Report – Month of April. (Sims)

6. Resolution No. 2022-55, Awarding the Construction Contract for Safe Routes to School Morgan Road Corridor Improvements to United Pavement Maintenance Inc., Authorizing a Budget Amendment, Authorizing a 7% Contingency, and Authorizing the City Manager to Execute the Contract. (Waugh)

7. Resolution No. 2022-56, Approving the FY 2022-2023 Project List to be Funded with Senate Bill 1 (SB 1), “The Road Repair and Accountability Act of 2017”. (Waugh)

8. Resolution No. 2022 -57, Approving the use of ARPA funds to allocate up to $200,000 in the Ceres RAD Card Program. (Sims)

9. Resolution No. 2022 -58, Approving the Annual Report of the Ceres Downtown Revitalization Area (CDRA) for Fiscal Year 2022- 23 and Setting a Public Hearing for June 27, 2022 to consider approving the Levy Assessment for CDRA Activities and Projects. (Sims)

10. Resolution No. 2022 -59, Approve the Electric Vehicle Charging Station License Agreement with the Turlock Irrigation District and Authorize the City Manager to Execute the Contract. (Royal)

11. Resolution No. 2022-60, Authorizing the City Manager to execute a Memorandum of Understanding for service between the City of Cer es, the City of Modesto, the City of Turlock, and the Stanislaus Consolidated Fire Protection District. (Wise) ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 13, 2022

12. Resolution No. 2022-61, Approving the use of ARPA funds to purchase three (3) Speed Trailers and authorizing staff to move forward with the purchase. (Collins)

13. Resolution No. 2022 -62, Approving the Improvement Agreement and Recordation of the Subdivision Map for the Northeast Corner of Hatch & Herndon development.

Items 4, 6, 10, and 11 were removed from the Consent Calendar for separate consideration by Councilmember Kline.

Item 12 was removed by Ceres resident Gene Yeakley.

Action: Motion by Councilmembe r Kline , seconded by Vice Mayor Silveira, approving items 1 – 3, 5, 7 - 9, and 13. Motion carries 4/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor Lopez
Yes Yes Yes Yes

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 4:

Removed for Separate Consideration by Councilmember Kline

Councilmember Kline spoke regarding the demand register highlighting expenditures made for items/contracts that give staff the tools they need to operate in an efficient manner.

Mayor Lopez asked for public comment . No one spoke. Mayor Lopez closed public comment.

Action: M
otion by Council member Kline, seconded by Vice Mayor
Silveira, approving Item 4. Motion carries 4/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor Lopez
Yes Yes Yes Yes

Item 6: Removed for Separate Consideration by Councilmember Kline

Councilmember Kline spoke regarding project design and alternatives.

Council and staff discussion included project design as part of the General Plan, possible alternatives, and funding restrictions/deadlines.

Mayor Lopez asked for public comment.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 13, 2022

John Warren spoke regarding timeliness of bringing projects forward.

David Pratt spoke regarding meeting process.

Ray Smith spoke regarding project timelines/improvements/alternatives and the need for improved communication with residents.

Mayor Lopez closed public comment.

Council and staff discussion included increasing communication with residents affected by the project.

Action: Motion by Vice Mayor Silveira , seconded by Mayor Lopez , approving Item 6, Resolution No. 2022-55. Motion carries 3/1/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor Lopez
No Yes Yes Yes

Item 10: Removed for Separate Consideration by Councilmember Kline

Councilmember Kline spoke regarding project design and potential alternatives so as not to use prime space in front of the building.

Mayor Lopez asked for public comment.

John Warren spoke regarding the potential for moving the location of the transformer.

David Pratt spoke regarding meeting process.

Mayor Lopez closed public comment.

Action: M
otion by Councilmember Kline, seconded by Vice Mayor
Silveira, tabling Item 10, Resolution No. 2022- 59, until alternatives are brought forward. Motion carries 4/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor Lopez
Yes Yes Yes Yes

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 13, 2022

Item 11: Removed for Separate Consideration by Councilmember Kline

Councilmember Kline spoke regarding the benefits of the training grounds located at Fire Station No. 17 and inquired as to annual maintenance/utility costs.

Mayor Lopez asked for public comment. No one spoke. M ayor Lopez closed public comment.

Action: M otion by Councilmember Kline, seconded by Vice Mayor Silveira, approving Item 11, Resolution No. 2022- 60. Motion carries 4/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor Lopez
Yes Yes Yes Yes

Item 12: Removed for Separate Consideration by Ceres Resident Gene Yeakley

Gene Yeakley inquired as to the purchase of the new speed trailers , associated technology, and existing speed trailers/usage.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included speed trailers/cameras that can take pictures of offending drivers/vehicles and issuance of tickets.

Action: Motion by Councilmember Kline, seconded by Vice Mayor Silveira, approving Item 12, Resolution No. 202 2-61. Motion carries 4/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor Lopez
Yes Yes Yes Yes

UNFINISHED BUSINESS

No items scheduled.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 13, 2022

PUBLIC HEARING

Mayor Lopez announced that staff has requested the public hearing for Item 14, consideration of Resolution No. 2022-63, Approving the Engineer’s Annual Report, Confirming the Assessment and Ordering the Levy for the 1987 Landscape and Lighting District for Fiscal Year 2022- 2023, be continued to the June 27, 2022 City Council Meeting.

14. Public hearing to consider Resolution No. 2022 -63, Approving the Engineer’s Annual Report, Confirming the Assessment and Ordering the Levy for the 1987 Landscape and Lighting District for Fiscal Year 2022-2023.

M
ayor Lopez opened the public hearing. No one spoke. Mayor Lopez closed the public hearing.

Action: M otion by Vice Mayor Silveira , seconded by Councilmember Kline, continuing Item 14, Resolution No. 2022- 63, to the June 27, 2022, City Council Meeting. Motion carries 4/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor Lopez
Yes Yes Yes Yes

15. Finance Director, Leticia Dias, presented the staff report on Resolution No. 2022- 64, Adopting the Annual Budget for the City of Ceres for the 2022/2023 Fiscal Year, Approving Positions for Fiscal Year 2022/2023, and Resolution No. 2022- 65, Adopting Appropriations Limitations for Fiscal Year 2022/2023.

C ouncil discussion included an explanation for budget increases in contract services and an obligation to the citizens of Ceres to have balanced budgets in the future without the use of ARPA funding.

Mayor Lopez opened the public hearing.

John Warren spoke regarding sending the budget document back to staff for revision, Council only approving a balanced budget, and potential additional funding from property taxes in future budgets.

Dave Pratt spoke regarding unbalanced state, federal, and local budgets.

Maria Castillo inquired as to where she could get a copy of the budget.

Mayor Lopez closed the public hearing.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 13, 2022

Council and staff discussion included increased expenditures, future budget considerations due to effects of COVID and inflation, ARPA funding/expenditures, and the reserve balance.

Action: Mot ion by Vice Mayor Silveira, seconded by Mayor Lopez , approving Item 15, Resolution No. 2022-64. Motion carries 3/1/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor Lopez
No Yes Yes Yes

NEW BUSINESS

None

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS

Pallet Yard Report regarding any prior business license held and any prior tax revenue received by the City of Ceres (requested by Councilmember Kline)

Action: Council consensus was reached to move forward with the item at a later meeting, as no objections were expressed. The item will move forward.

REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.

• City Council

Councilmember Casey announced an upcoming presentation on homelessness by Chairman Brad Haw n of the Stanislaus Homeless Alliance at the June 27, 2022 Council meeting. Councilmember Casey also apologized to Gene Yeakley for events at the May 9, 2022 City Council meeting.

Vice Mayor Silveira provided information about the Stanislaus Regional Water Authority (SRWA) and encouraged citizens to follow the SWRA Facebook page and to take a look at the facility. Vice Mayor Silveira also provided information about the Concerts in the Park series and encouraged attendance.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 13, 2022

• City Manager Alex Terrazas announced that applications are being accepted to serve on the Measure H Co mmittee and provided relevant information. Mr.

Terrazas also introduced Delilah Vasquez, Human Resources Director for the City of Ceres.

Mayor Lopez held a moment of silence in remembrance of City of Ceres employee, Robert Ball.

CLOSED SESSION

1. PUBLIC EMPLOYEE PERFORMANCE EVLAUATION
Pursuant to Government Code Section 54957(b)(1)

Title: City Attorney

Mayor Lopez announced the item; there were no public comments.

REPORTS FROM CLOSED SESSION

City Attorney Tom Hallinan reported that direction was given to staff.

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on June 27, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA .

There being no further business, Mayor Lopez adjourned the meeting at 8:39 p.m.

_____________________________
Javier Lopez, Mayor

_____________________________
Kellie E. Weaver, Interim City Clerk

Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center

ITEM 3
ITEM 3
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4

MEETING DATE: June 27, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, Interim City Manager

CONTACT: Sam Royal, Interim Public Works Director
[email protected], (209) 538-5617

SUBJECT: Public Works Monthly Report for May 2022

RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKGROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of May 2022.

FACILITY SERVICES:

 Completed 152 Facilities Maintenance Work Orders including: 109 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmit h tasks, general repairs and 43 preventive maintenance services
 Participated in the set-up and tear down of the Employee Appreciation Luncheon  Received, assembled and tested the new sound syst em that Recreation purchased for the use at the Concert in The Park series
 Assisted in the set-up, tear down and support of the Ceres Steet Fair for three days. Event had a good attendance after two years of being canceled.  Assisted with SCADA improvem ents, trouble shooting and repairs to well controls for Park’s irrigation improvements, Streets’ lift stations and Water’s wells and communications  Cleaned up homeless debris twice at Independence Park and once at Roeding Park

Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, Three (3) Custodians, with one (1) vacant Custodian.

FLEET SERVICES:

Completed 101 work orders

○ Fleet Dept. 20
▪ Skip loader (John Deere) trailered to dealer for diagnostic and repair on loss of computer communication. New control module & controller $4000 ▪ completed 23 services and 78 repairs.

○ Fire Dept. 15
▪ N/A

○ PD Dept. 10
▪ Three windshield replacements
▪ Continue the install/retro fit of new police computers ▪ Eleven services
▪ Repair a/c on swat armored vehicle
▪ Police explorer received new catalytic converter under warranty ▪ Four police patrol units repaired by dealer warranties

○ Streets Dept. 30
▪ Street sweeper service
▪ Street sweeper new rear tires
▪ Temporary repair on aux. water tank

○ Water: Dept. 35
▪ Ditch Witch (trailered storm vacuum) new tires
▪ Service vehicle F550 new tires

○ Parks Dept. 40
▪ Repair toro mower-mower wing decks and trailer fender and lighting from loading accident $1973.00
▪ Service Toro mower

○ WW Dept. 25
▪ New tv van put into service
▪ VacCon aux. engine starter motor replaced
▪ VacCon new rear tires

○ Facilities: Dept. 41
▪ One ranger towed to corp yard for repairs.

ITEM 5a

Emergency and non-emergency City vehicles and equipment are maintained and repaired by one (1) Supervisor, one (1) Sr. Maintenance Mechanic and two (2) Maintenance Mechanics.

LANDSCAPE MAINTENANCE:

Completed a total of 398 service requests in the following categories:
• Bike Path Repairs: 0
• City Grounds Maintenance: 29
• Park Landscape and Maintenance: 272
• Parks Landscape chemical usage: 250 gallons Parks / Grounds • Playground and Equipment Repairs: All parts for several playgrounds ordered 60 day plus on arrival
• Playground and Equipment Inspections: 3
• Right of Way (ROW) Irrigation Repairs: 27 sprinklers and 1 valve • Park Trees: 46 Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 21 •
• Parks sprinklers repaired or replaced:
• Barry Grove – 0
• Costa Fields – 1 valve 2 maintenances
• Don Pedro – 5 vandalism
• Independence –0
• Neel Dog Park – 10 maintenances
• Neel Park – 3 vandalisms
• Persephone – 2 maintenances
• Redwood – 3 maintenances
• Riverbluff – 8 maintenances 1 valve
• Riverview – 2 vandalisms
• Roeding Hts. – 12 vandalisms
• Sam Ryno – 4 maintenances
• Smyrna – 1 valve 11 maintenances
• Strawberry – 0
o Whitmore – 2 maintenances
• Parks General Maintenance/Repairs:
o Disinfected all playgrounds in parks once per week
o Steam cleaned covered areas of River Bluff, Neel, Sam Ryno and Smyrna o Added woodchips to community center.
o Graffiti removal at Sam Ryno (3), Strawberry (4), River Bluff (5), Roeding (3), Neel (4), Persephone (1), Smyrna (8), Berry Grove, and Independence (1) parks Total Vandalism & Repair cost is $5000.00
• Grid Prune by West Coast Arborists (WCA)
o Grid # 3 2020-2021 100% - Complete with 2,343 trees pruned o Gird # 4 2021=2022 50% - Completed with 1,450 trees pruned so far ITEM 5a
o Grid # 1,2,4 & 5 uncompleted with a total of 8,571 trees unpruned o Pending: 167 High Risk, 11 Removals and 56 Trims from July

Grounds

• Right of Ways (ROWs):
o Hatch Road - Code Enforcement involved due to property damages, boulders moved, and trees cut down by homeowners. Still awaiting approval from Engineering to approve “No Parking Signs” in City ROW or Boulders o Brown and Hackett placed wood chips in ROW
o Replaced 5 sprinklers along 4th at the Community Center due to vandalism o Re-staked 4 trees along Eastgate and 3 trees along Fowler Road; 1 tree damaged by vandalism

• Neel Dog Park
• Closed from May 11th to June 11th
• Fertilize, Aeriated and slip seed park.
•
• Smyrna Park
o Re staked 4 trees along Presidential walkway due to vandalism

• Lions Park
o Re Disked Park and edged sidewalk

• Whitmore Mansion:
o Repaired 1 valve and 4 sprinklers

• River Bluff Park:
o Playground area - replaced 4 sprinklers and capped 1 due to vandalism o Repaired fence to lower area due to fire 4 times
o Aeriated Field 8 and 9 and added fertilizer
o Brush hogged lower area

• Guillermo Ochoa Park:
o Ongoing maintenance of Carousel and Merry-Go-Round
o Repaired carousel damaged by vandalism 2 times
o Removed Merry-Go-Round wheel due to Vandalism parts arrived to be repaired soon.

• City Parks, landscaping and maintenance is performed by one (1) Supervisor, one (1) Sr.

Parks Maintenance Worker, three (3) Park Maintenance Workers, and one (1) part -time Maintenance Worker.

SOLID WASTE & RECYCLING:

ITEM 5a
• Reminder: Leaf & Limb collection season ended on January 9th. Further, the courtesy collection service that was being offered by Bertolotti concluded on May 1st. Any piles left out on street will be subject to violation penalties as dictated through the City’s municipal code.

 Residential…………………….… 1,050.24 tons
 Commercial……………………… 1,573.81 tons
 Illegal dump……………………… 11 tons, 37 locations
 Bulky items…………………….… 35.3 tons,104 locations
 Leaf/limb (illegal) …………….… 12.91 tons
 Street Sweep………………….… 34.64 tons
 Commercial Organics…………. 106.22 tons
 Residential Recycle………….… 158.38 tons
 Commercial Recycle …………… 302.72 tons
 Used oil…………………………… 794 gallons
 Used oil filter……………...……… 33

• In collaboration with the Ceres Unified School District and Bertolotti Disposal, the annual Recycling Poster Contest was held for all students in pre-K through 12th grade.

The presentation for the contest winners was held on May 23 rd with Mayor Lopez in attendance to present the awards.

• Education and outreach efforts for t he recent changes to the City’s solid waste collection services have included:

 Numerous phone calls and responses to individual customers via phone and email requests
 City website updates
 Landscape signs posted throughout town
 Social media pages have been created on Facebook and Instagram to deliver regular announcements on Public Works important information (including the new garbage collection service)
 Studio 209 commercial (was shown on the Ceres Courier and all affiliate newspapers) websites as well as the Public Works social media pages  There have been 10 Ceres Courier articles and 3 Modesto Bee articles on the program changes
 Advertisement in the Stanislaus County Fair tab published in the Ceres Courier and affiliate newspapers
 Utility billing insert was included in the November utility billing mailer  A second utility billing insert with the garbage, organics, and recycling schedule information was included in February’s billing mailer as well as on the City’s website  A doorhanger was delivered to customers when they received their additional cart  A partnership with the Ceres Courier now provides a bi-weekly column, written by Public Works staff to provide regular updates on important information and projects affecting residents (including the changes to garbage service)
ITEM 5a
 A promotional magnet with information on what material goes in each bin is being distributed with violation notices and with community outreach activities  A presentation to a local civic was provided in November. Any further community groups interested will be accommodated as well
 Leaf and Limb program notices were distributed to customers still placing piles for collection past the program end date by Public Works, Code Enforcement and Bertolotti employees
 Garbage Cart storage violation notices were distributed to incompliant residents to notify them of code requirements by Public Works, Code Enforcement and Bertolotti employees
Solid Waste Division work is performed by one (1) Administrative Analyst and (2) Field Service Technicians.

STREETS SERVICES:

• Staff responded to a total of 96 customer service requests • Responded to 211 Underground Service Alerts (USA) markings • Responded to 7 Code Enforcement cleanups
• Responded to 22 blight cleanups
• Picked up 3 illegal leaf and limb piles
• Repaired 36 streetlights
• Removed and replaced curb, gutter and standup curb at Fifth and Lawrence • Removed and replace 6 flags of sidewalk at Fire 3
• Performed traffic control for Street Faire to include placing K rails at intersections • The street division has been loaning out 1 staff member 1 to 4 days per week to work on Wastewater and Parks Divisions’ SCADA issues
• Please note the Street’s division has been down one staff member since January due to workers comp injury
City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr. Maintenance Workers, six (6) Streets Maintenance Operators, one (1) Street Sweeper Operator.

WASTEWATER (WWTP):

• Responded to 13 customer service requests and 28 sewer problems, during working hours and after hours
• Staff responded to 2 Smart Cover alarms that prevented Sanitary Sewer Overflows (SSOs).

There was (1) SSO in May, a category 3 of 12 gallons, all 12 gallons were recovered. • Serviced or Repaired:
o Lift Stations – 14
o WWTP Equipment – 13
o Main line sewer plugs – 3
o Aerators – 1
ITEM 5a
• Staff performing weekly landscape maintenance, weed abatement, and levee erosion control • Staff checked on force main to Turlock
• Staff cleaned 12,450 feet of sewer main line
• Due to the TV unit being broken and unrepairable, Staff CCTV inspected 0 feet of sewer line.

However, the new CCTV Van arrived on April 27 th , but had to be sent in for repairs during initial training. It was returned on 6-1-22 and training has been rescheduled. • Staff continuing process of updating the Wastewater Discharge Report (WDR) • Staff assisted HR with the interviewing process to fill 3 open operator positions • SCADA Integrator, Jeff Burrows, and Wastewater Systems Supervisor, Matthew Williams, continued converting lift station and treatment plant control panels to the new SCADA system • Staff worked with Shawn Walker from Streets Division to retrofit and install a new irrigation pump control system and integrate it into SCADA
• Staff assisted engineering department and Schools District with design for Tuolumne School sewer tie-in.
• Staff attended trainings for pesticide and herbicide spraying, and new sewer cctv unit • Staff performed pond maintenance by discing and ripping percolation ponds 2 and 3 • Staff installed new aerator motor and returned it to treatment lagoon 4. • Staff installed new VFD and lift station pump, to replace the ones that had failed. • Staff marked 294 USA tickets, which took 42 hours; preventing contractors from damaging city sewer lines
• Staff sampled and delivered sampled for Export Effluent Upgrade Project • Turlock sewer use charges $84,557.30 for the month of April • Modesto sewer use charges $124,653.85 for the month of April • Biochemical Oxygen Demand (BOD) 20 mg/L
• Treated and disposed of 72.77 mg of wastewater with an average of 2.35 mg/D

• Mark Cardenas Retired after more than 21 years with the department.

Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, two (2) Operator -in-Training. There are still three (3) open Operator positions.

WATER SERVICES:

• May 2022 well production was 210.939 million gallons
• Average water use for April 2022 was 6.8 million gallons per day • Water staff responded to 45 customer service requests • Water staff responded to 72 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,802
o Meters/radios serviced: 17
o Meters replaced: 17
o Meters upgraded from ¾”, 5/8” to 1”: 4
ITEM 5a
o New meter installations: 1
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 160 were exercised • Blow-offs and hydrants flushed: 66
• Water main leaks: 0
• Service line leaks: 4
• Service lines have been replaced: 4
• Hydrants replaced: 0
• Four service lines were repaired and run
• Well 22 scale being replaced for CL2
• Well 23 running to waste
• Well 40, ran new wiring to pressure transducer

WATER CONSERVATION:

May 2022 calculated residential gallons used per person per day: 104.81 • Annual average is 90.28 gallons per person per day
• Responded to 17 water conservation service requests
• Issued courtesy notifications: 46
• Performed 0 water audits
• Delivered 24 water waste warnings and 6 water waste fine • Rebates Issued: Dishwasher: 1, Smart Irrigation: 0, ULF Toilets: 4, Washing Machine: 1, and Turf Replacements: 1
Total Rebates YTD: 65
The graph below shows our production numbers for 2020 in blue compared to 2022 in purple with the water reduction target of 15% in red. For May 2022, we had a decrease of 5.03% from the May 2020 production numbers.

ITEM 5a

Water system maintenance is performed by one (1) Public Works Superintendent, one (1) Water Distribution Supervisor, one (1) Administrative A nalyst, One (1) Sr. Water Distribution Operator, nine (9) Water Distribution Operators, two (2) Field Service Technicians, one (1) part-time Water Conservationist.

Approved by: ___________________________
Alex Terrazas, Interim City Manager
ITEM 5a
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 27, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Sam Royal, Interim Director of Public Works
[email protected], (209) 538-5617
SUBJECT:

Reso 2022-XX Awarding a Landscaping and Janitorial
Maintenance Contract with EMTS, Inc. to perform landscape maintenance services for Smyrna Park, River Bluff Park, and City rights-of-way, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council approve Resolution 2022-XX approving a Maintenance Contract with EMTS, Inc. to perform landscape maintenance for Smyrna Park, River Bluff Park, and City rights-of-way for one year with a not to exceed amount of $279,000.00.

I. BACKGROUND:

The landscaping and janitorial maintenance of Smyrna Park, River Bluff Park, and City rights - of-way is currently being performed by Howard Prep on a non- contracted monthly basis since the expiration of their contract in November 2020. The City currently has approximately 1.3 million square feet of rights-of-way that must be maintained. The City posted a Request for Bids for these services in April 2022. Bids from three companies were received and evaluated. On the basis of this evaluation and to make the most economic advantageous decision for the City, the contract was offered to EMTS, Inc.

II. REASONS FOR RECOMMENDATION:

Howard Prep, the company currently performing landscape and janitorial maintenance for the parks and rights -of-ways included in the Request for Bid had indicated that they could not continue working for the current price with the increase of costs related to the services provided.

The previous monthly non- contracted amount fr om June 2021- May 2022 was approximately $220,000.00, however their company’s bid amount submitted was $320,793.93 annually. EMTS, ITEM 6
Inc., a business based out of Clovis, CA, was the lowest responsible bidder at $279,000.00 annually. The highest bid was $540,000.00 annually.

Staff recommends that Council award the landscape and janitorial maintenance contract to EMTS, Inc. for an amount not to exceed $279,000.00 for the 2022/2023 fiscal year.

III. FISCAL IMPACTS:

This project was included and programmed in the Fiscal Year 2022 /23 Contract Services in various account numbers: 100.40.029900 in the amount of $ 111,700.00, 292.40.029900 in the amount of $73,405,00 and 679.41.029900 in the amount of $10,500.00.

A budget amendment in the amount of $83 ,395.00 is necessary to cover EMTS, Inc. new contract proposal. If approved this budget amendment will be funded using General Fund reserves.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

The landscape maintenance agreement is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained city rights-of-way and park facilities.

V. POLICY ALTERNATIVES:

With the uncertainty and volatility of the current market, Council can c hoose not to award the contract to EMTS, Inc. and possibly risk the monthly non- contracted price increasing to an unknown amount with another company.

VI. STEPS FOLLOWING APPROVAL:

Upon Council approval, the City Manager will execute the contract with EM TS, Inc. and the Finance Director will make the appropriate accounting entries.

Approved by:

________________________________
Alex Terrazas, City Manager

Attachments:

1. Bid Summary

2. Resolution 2022-XX

3. Budget Amendment

4. Contract Agreement
ITEM 6

City of Ceres

B ID SUMMARY

JOB BID: Landscape Maintenance Services for Smyrna Park, River Bluff Park and City Right-of-Ways
BID DATE: May 18, 2022, 2:00 pm – Public Works Office

BIDS RECEIVED:

COMPANY BID TOTAL
Monthly Price
New Image Landscape Company
3250 Darby Common
Fremont, CA 94539

Monthly $45,000.00
Annually $540,000

Elite Maintenance & Tree Service
2972 Larkin Avenue
Clovis, CA 93612

Monthly $23,275.00
Annually $279,000

Howard Prep
1424 Stonum Road
Modesto, CA 95351

Monthly $26,732.83
Annually $320,793.93

ITEM 6
ITEM 6
RESOLUTION NO. 2022-XX

AWARDING A LANDSCAPING MAINTENANCE CONTRACT WITH
EMTS, INC. TO PERFORM LANDSCAPE AND JANITORIAL

MAINTENANCE SERVICES FOR SMYRNA PARK, RIVER BLUFF

PARK, AND CITY RIGHTS-OF-WAY, AUTHORIZING A BUDGET

AMENDMENT, AND AUTHORIZING CITY MANAGER TO EXECUTE

THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, Requests for Bids for Landscape Maintenance for Smyrna Park, River Bluff Park, and City rights-of-way were posted and three bids were received; and,

WHEREAS, the bids were evaluated and in order to make the most economic advantageous decision for the City, the lowest responsible bidder, EMTS, Inc. was chosen as the Successful Bidder; and,

WHEREAS, the annual cost to the City for the landscape maintenance services with EMTS, Inc. is $279,000.00; and

WHEREAS, the landscape maintenance services for Smyrna Park, River Bluff Park, and City right s-of-way was programmed in the FY 2022/23 C ontract Services in various account numbers: 100.40.029900 in the amount of $111,700.00, 292.40.029900 in the amount of $73,405.00, and 679.41.029900 in the amount of $10,500.00; and

WHEREAS, a budget amendment in the amount $83,395.00 is necessary to cover the new contract proposal with EMTS, Inc.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Ceres does h ereby authorize the City Manager to award a Landscape and Janitorial Maintenance Services contract for Smyrna Park, River Bluff Park, and City rights-of-way to EMTS, Inc. in the amount of $279,000.00, for one year, with the option to renew for two additional years, and authorizes the City Manager to execute the contract.

BE IT FURTHER RESOLVED that the City Council does hereby approve the Budget Amendment, and the Finance Director is hereby authorized and directed to record the appropriate accounting entries as shown on the attached Budget Amendment (Exhibit A).

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

ITEM 6

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Kellie Weaver, Interim City Clerk
ITEM 6

Exhibit A
Exhibit "A"
Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2022-XX, dated June 27, 2022
authorizing appropriations for the Landscape Maintenance for Smyrna Park, River Bluff Park, and City Rights-of Way as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Contract services –
Landscape Maintenance
R/W
100 40 029900 $83,395.00

Requested Appropriation $83,395.00
2022 - 2023 Current Appropriation $101,200.00
Total Appropriation $184,595.00

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue
2022 - 2023 Current Estimated Revenue
Total Estimated Revenue

Fiscal Impact:

ITEM 6
ITEM 6

AGREEMENT
FOR

PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State of
California, this 27th day of June 2022, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and EMTS, Inc. hereinafter referred to as "CONTRACTOR".

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES / PLANS AND SPECIFICATIONS
In compliance with all terms and conditions of this Agreement, the CONTRACTOR shall provide the contracted services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the CITY entering into this Agreement, CONTRACTOR represents that it is a provider of work and services consistent with the standards of care, diligence and skill ordinarily exercised by contractors in similar circumstances in accordance with sound construction practices and that CONTRACTOR is experienced in performing the work and services contemplated herein. CONTRACTOR covenants that it will follow sound construction practices and standards in performing the work and services required hereunder and that all work product will be of good quality, fit for the purpose intended.

2. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

ITEM 6

3. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

4. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that
CONTRACTOR: (a) has thoroughly investigated and considered the scope of services to be performed; (b) has carefully considered how the services should be performed; and, (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed except at CONTRACTOR’S risk until written instructions are received from the Contract Officer.

5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

ITEM 6

6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONTRACTOR, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change, taken either separately or cumulatively must be approved by the CITY Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Work or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation therefore.

7. TERM OF AGREEMENT
This Agreement shall be effective July 1, 2
022 and will continue in effect
until June 30, 2023 with an option to renew for two (2) terms of one (1) year each, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

8. CO MMENCEMENT OF WORK
CONTRACTOR shall not undertake any work or incur any costs whatsoever under the terms of this Agreement except upon the prior receipt of a fully executed Purchase Order from the Ceres Department of Finance. Any costs incurred by CONTRACTOR prior to receipt of a purchase order shall be at CONTRACTOR’S expense.

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid as provided in Exhibit B.

ITEM 6

10. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

11. SCHEDULE OF PERFORMANCE
CONTRACTOR shall begin to perform work required by the Scope of Services, General Building Cleaning Services, immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONTRACTOR, other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, if the extension is determined, in the sole discretion of the Contract Officer, to be justified and reasonable. The Contract Officer’s decision shall be final.

12. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the work rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

ITEM 6

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

14. SUBCONTRACTING
Should the CONTRACTOR elect to engage any subcontractor(s) to perform any portion of the work, CONTRACTOR shall provide the CITY written notice of the name, address, telephone number, and State contractor’s license number of each such subcontractor, together with proof of workers’ compensation coverage for each such contractor. CONTRACTOR shall remain fully responsible for all acts or omissions of said subcontractors, their employees, agents or assigns.

15. INTEREST OF CONTRACTOR
CONTRACTOR warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.

CONTRACTOR warrants that, in performance of this Agreement, CONTRACTOR shall not employ any person having any such interest. CONTRACTOR agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this contract if so required at the option of CITY.

16. RECORDS
CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the work required by this Agreement and enable the Contract Officer to evaluate the performance of such work.

ITEM 6

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to modify the scope of work provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, CITY will not be responsible to pay any charges CONTRACTOR may incur in performing such additional services, and CONTRACTOR shall not be required to perform any such additional services.

18. INDEPENDENT CONTRACTOR
All acts of CONTRACTOR, his agents, officers, and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

CONTRACTOR, his agents, officers and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

ITEM 6

CONTRACTOR shall determine the method, details and means of performing the work and services to be provided by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR has control over the manner and means of performing the services under this Agreement.

CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any
entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to ITEM 6

the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR: Name: EMTS, Inc.

Address: 2972 Larkin Avenue
Clovis, CA 93612
Attention: Derik Jakusz
Phone: (209)499-8901

FOR CITY: Name: CITY of Ceres
Address: 2720 Second St.

Ceres, CA 95307
Attention: Sam Royal
Phone: (209) 538-5617

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit C.

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.

Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of his provisions, at its option CITY may terminate this Agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of CITY'S property by CONTRACTOR, dishonesty or theft.

Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement ITEM 6

shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty or theft.

Termination by CITY for Lack of Budgeted Funds
CITY may terminate this Agreement effective July 1 of any given year upon CITY'S determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event, CITY shall give CONTRACTOR not less than 30 days written notice.

Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the payments set forth in this Agreement on the date due, at his option CONTRACTOR may terminate this Agreement if the failure is not remedied within thirty (30) days after CONTRACTOR notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.

In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, CONTRACTOR shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the ITEM 6

percentage of work completed on the termination date, this percentage shall be determined by CITY in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONTRACTOR, CONTRACTOR understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR'S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

22. INDEMNITY
CONTRACTOR shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

23. RETENTION
CITY shall retain ten percent (10%) of the contract price until final completion and acceptance of the project. The CITY shall release the retention not later than sixty (60) days after the date of completion of the work of improvement as defined in Public Contract Code, Section 7107. In the event of a dispute between the CITY and the CONTRACTOR the CITY may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

24. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by ITEM 6

CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

25. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

26. WAIVER
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

27. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONTRACTOR'S charges to CITY under this Agreement.

CONTRACTOR agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONTRACTOR services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

28. CONTRACT BONDS
CONTRACTOR shall provide in accordance with Sections 3247 and 3248 of the California Civil Code a payment bond for not less than 100% of the contract price.

CONTRACTOR shall also provide a faithful performance bond for not less than 100% of the contract price. All bonds must be executed by a corporate surety licensed to conduct business in the State of California, and approved by the CITY.

ITEM 6

29. PAYMENT OF REVAILING WAGES
CONTRACTOR shall pay to all persons performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.

30. WARRANTY
CONTRACTOR does hereby warrant and guarantee for a period of one year from acceptance of the work of improvement by the CITY that the work of improvement will be free of all defects caused by defective work or defective materials.

Should the CITY give written notice to the CONTRACTOR of any defects in the work of improvement within the said one year period, CONTRACTOR shall cause all necessary repairs or replacements to be made without cost to the CITY. Should CONTRACTOR fail to make the required repairs or replacements within thirty (30) days from receipt of notice from the CITY, the CITY may cause the repairs or replacements to be made by contract with a third party or by use of CITY forces. The cost of such repairs or replacements shall be paid by the CONTRACTOR. Should CONTRACTOR fail to make payment for the cost of said repairs or replacements, in addition to the cost of said repairs or replacement CONTRACTOR shall pay the CITY’s actual cost of litigation including at witness fees.

31. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the ITEM 6

California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

32. GOVERNING LAW
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

33. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

34. CITY BUSINESS LICENSE
CONTRACTOR will have a CITY of Ceres business license, as required.

35. ATTORNEYS’ FEES
If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees.

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

ITEM 6

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated , 2022 Dated , 2022
CITY OF CERES, a municipal corporation CONTRACTOR
By By
Alex Terrazas, Interim City Manager Signature

Typed name/title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Tom Hallinan, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Annabelle Aguilar, Interim City Clerk
ITEM 6

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONTRACTORS

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representative, employees or subcontractors.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Offices (ISO) Commercial General Liability coverage (occurrence Form CG 00 01).

2. Insurance Services Office (ISO) Form CA 00 01 covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability:
(including operations, products
and completed operations)
$2,000,000 per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage

3. Workers’ Compensation $1,000,000 Vendor shall maintain Worker’s Compensation
Insurance (Statutory Limits)
and Employer’s Liability
Insurance with limits of at
least one million dollars
($1,000,000).

ITEM 6

4. Employer’s Liability: $1,000,000 Per accident for bodily injury or disease.

If the contractor maintains higher limits than the minimums shown above, the entity shall be entitled to coverage at the higher limits maintained by the contractors.

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions

The general liability policy is to contain, or be endorsed to contain, the following provisions:

1. The entity, its officers, officials, employees, and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided with two endorsement forms: 1) in the form of an additional insured endorsement to the Contractor’s insurance or as a separate owner’s police (CG 20 10 11 85 or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language. A later edition of the CG 20 10 form along with the CG 20 37 coverage form will give some protection to the entity for specific locations.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 6

prior written notice by certified mail, return receipt requested, has been given to the entity.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Waiver of Subrogation

Contractor hereby agrees to waive subrogation which any insurer of contractor may acquire from contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the contractor, its agents, employees, independent contractors and subcontractors.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the entity. This is only a recommendation. The entity may decide to accept an insurer with a rating of less than A:VII depending on various circumstances.

It is also recommended that the insurer for the contractor/consultant/vendor/lessee be “admitted” in California. This means that the insurer is licensed to do business in California, is subject to his insurance regulations and contributes to the guarantee fund.

However, there may be situations where a non-admitted insurer will have more financial strength (and the ability to respond to claims) than some admitted insurers. Please contact your broker, legal counsel or BRS when faced with this situation.

Those recommendations are applicable to almost any risk and exposure discussed in this manual.

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 6

copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

ITEM 6

1 SCO PE O F SERVICES

The successful Bidder shall furnish all labor, materials, and equipment required to satisfactorily perform the Landscape Maintenance of the City's Landscaped Right of Ways, Median's, and Planter Areas.

Planter Area
includes:

Maintenance Standards
Ground Cover Keep ground cover pruned a minimum of 6” away from inside of curbs and away from shrubs

Fertilize Ground Cover in Spring and Fall

Hard Surface Blow
Down
Blow debris and leaves off sidewalks, parking spots. This shall be done as needed to maintain clean paths of travel

Haul away all debris, weed materials, and trash from service areas

Irrigation Check for broken/vandalized irrigation heads, risers and controllers.

Send notice to Park’s Supervisor advising of any areas of malfunctioning irrigation system

Repairs will be done by the City unless Contractor has prior written permission for sprinkler repairs and costs
Shrubs Shrub pruning as needed to maintain 6” distance between shrubs

Fertilize shrubs in Spring and Fall

Haul away all debris, weed materials, and trash from service areas

ITEM 6

2 Trees Keep trees pruned not less than 8’ over sidewalk and not less than 12’ over street. Keep tree limbs 10’ away from streetlight pole, sign pole, street name sign or similar signs

Trim Palm trees and remove seed pods twice a year

Fertilize Trees in Spring and Fall.

Haul away all debris, weed materials, trash from service areas

Weed Control
Weeds primarily controlled by chemical. If weeds are larger than 3” in height, they must be mechanically taken down then chemicals shall be applied. All areas shall be weed-free or sprayed before moving to the next area. (See General Information, #10 for Chemical guidelines.) Contractor shall clean up all weed material at the time of cleaning.

RIVERBLUFF PARK
3761 E. Hatch Road

1. Scope of Work performed daily:

1.1 Keep clean out 24 planter beds.

1.2 Trim all shrubs and grasses not to exceed beyond sidewalks in all areas.

1.3 Remove any undesired vegetation from all planter beds.

1.4 Clean up the walk path behind soccer field and clear out embankment with overgrown weeds.

1.5 Chemically treat all planter boxes and overgrown weeds regularly.

1.6 Maintain the entry roundabout in clean condition.

1.7 Clean up debris in both parking lots.

1.8 Trim back field grass that exceeds fence lines.

1.9 Perform waste disposal of 24 placed garbage cans as well as receptacles in restrooms and dining areas and replace liners.

1.10 Pickup litter in front of the storm basin.

2. Scope of Work for Janitorial work:

2.1 All debris on grounds cleaned up daily.

2.2 Deep Cleaning once weekly in all bathroom areas or as needed.

2.3 Perform waste disposal of 24 placed garbage cans as well as receptacles in restrooms daily.

2.4 Clean indoor bathroom areas and restock amenities as needed daily.

3. Scope of Work performed once per month:

3.1 Regular pesticide and fertilize applications.

3.2 Power wash concrete areas at bathroom and dining table areas.

ITEM 6

3 ROS E GARDEN
2650 Fowler Road

1 Scope of Work performed weekly:

1.1 All debris on grounds cleaned up daily

1.2 Sweep, blow and clean walkway and areas.

SMYRNA PARK
2650 Fowler Road

1 Scope of Work performed daily:

1.1 Shopping Cart removal.

1.2 Bulky Items left at dumpsters.

1.3 Clean up debris in both parking lots.

1.4 Perform waste disposal of 24 placed garbage cans as well as receptacles in restrooms and dining areas and replace liners.

2 Scope of Work for Janitorial work:

2.1 All debris on grounds cleaned up daily

2.2 Deep Cleaning once weekly in all bathroom areas or as needed.

2.3 Perform waste disposal of 24 placed garbage cans as well as receptacles in restrooms daily.

2.4 Clean indoor bathroom areas and restock amenities as needed daily.

WORK

SCHEDULE

All work shall be in accordance with the City of Ceres requirements. All work shall be scheduled between 6:00 AM and 4:00 PM Monday through Sunday for Smyrna Park and River Bluff Park; and Monday through Friday for City Right-of-Ways, excluding all City holidays.

There shall be no working days on City of Ceres holidays without special permission.

I

NV OICING AND PAYMENT

Contractor shall invoice the City for services performed monthly. All invoices shall be sent following a meeting held on the first Wednesday of each month.

1. T his meeting is to discuss any concerns or needs of the City or the Contractor.

2. Spot checks will be done throughout the month to determine payment for each area ensuring job sites were visited and completed to satisfaction.

3. Contractor shall not be paid for partial work.

4. This is a prevailing wage Public Works project. At time of invoice, contractor shall submit certified payrolls to the DIR.

ITEM 6

4 5. Any time the City has an ongoing project, and the landscape services are not needed during the construction period, the City reserves the right to hold payment during that time.

ITEM 6
ITEM 6
ITEM 6

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
5/12/2022
Edgewood Partners Ins. Center
1390 Willow Pass Road, Suite 800
Lic#0B29370
Concord CA 94520
Brianna Orchekowski
[email protected]
National Casualty Company
11991

ELITTEAM
EMTS, Inc.
2972 Larkin Ave
Clovis CA 93612
855671570
A
X
Y
WCC334010A
1/1/2022
1/1/2023
1,000,000
1,000,000
1,000,000
RE: RFP-2022-06 Landscape Maintenance Services for Smyrna Park, River Bluff Park and City Right-of-Ways. Waiver of subrogation applies to Workers Compensation. 30 Day notice of cancellation, except 10 day notice for non-payment of premium applies per policy provisions. Applies where required by written contract.

CITY of Ceres
2720 Second St.

Ceres CA 95307
ITEM 6
1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.

From the WCIRB's California Workers' Compensation Insurance Forms Manual 1999.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -

CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE

PERSON OR ORGANIZATION JOB DESCRIPTION

ANY PERSON(S) OR ORGANIZATION(S) WITH WHOM YOU HAVE AGREED TO SUCH A WAIVER, IN A VALID WRITTEN CONTRACT OR WRITTEN AGREEMENT THAT HAS BEEN EXECUTED PRIOR TO LOSS.

INCL
ITEM 6

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
5/11/2022
InterWest Insurance Services
8950 Cal Center Dr. Bldg. 3 Suite 200
P.O. Box 255188
Sacramento CA 95826
Katie Snell
916-609-8374
916-609-8374
[email protected]
License#: 0B01094
Travelers Property & Casualty Co of America
25674
ELITE17
Middlesex Insurance Company
23434
EMTS, Inc.
2972 Larkin Ave.

Clovis CA 93612
970997097
B
X
1,000,000
X
500,000
X
Contractual Liab
5,000
X
$3,000 Ded.
1,000,000
3,000,000
X
X

PEST/HERBICIDE
Y
Y
A0175942003
8/17/2021
8/17/2022
2,000,000
B
1,000,000
X
X
X
Y
Y
A0175942001
8/17/2021
8/17/2022
A
X
X
5,000,000
ZUP41M9977221-NF
8/17/2021
8/17/2022
5,000,000
X
0 RE: Bid# 2022-06 Landscape Maintenance Services for Smyrna Park, River Bluff Park and City Right-of-Ways The City of Ceres, its officers, officials, employees, and volunteers are Additional Insured City of Ceres
Public Works Department
2220 Hackett Road
Ceres CA 95307
ITEM 6

COMMERCIAL GENERAL LIABILITY
CG 70 21 06 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SPECIAL BROAD FORM

GENERAL LIABILITY ENDORSEMENT
This endorsement modifies the insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

1. Coverage D. Employee Benefits Liability
A. The following is added to Section I -
Coverages

1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as
"damages" because of an "occurrence"
to which this insurance applies. We will
have the right and duty to defend the
insured against any "suit" seeking
those "damages". However, we will
have no duty to defend the insured
against any "suit" seeking "damages"
to which this insurance does not apply.

We may, at our discretion, investigate
any "occurrence" and settle any claim
or "suit" that may result. But:
(1) The amount we will pay for
"damages" is limited as described in
paragraph B. of this coverage; and
(2) Our right and duty to defend ends
when we have used up the
applicable limit of insurance in the
payment of judgments or
settlements under Coverage D.

No other obligation or liability to pay
sums or perform acts or services is
covered unless explicitly provided for
under Supplementary Payments.
b. This insurance applies only to
"damages" caused by an "occurrence"
during the policy period. The
"occurrence" must take place in the
"coverage territory".
c. "Damages" sustained by any one
"employee", including "damages"
sustained by such "employee's"
dependents and beneficiaries, as a
result of a series of related errors or
omissions shall be considered one
"occurrence".

2. Exclusions
This insurance does not apply to:
a. "Bodily injury" or mental injury to any
person, "property damage" or "personal
and advertising injury".
b. Liability assumed by the insured under
any contract or agreement.
c. Any claim for:
(1) Failure of performance of a contract
by any insurer or other fiduciary
entrusted with monies intended to
fund "employee benefits";
(2) Insufficiency of funds to meet any
obligations under any "employee
benefits";
(3) Inadequacy of performance of
investments, errors in providing
information on past performance of
investment vehicles or advice given
with respect to participation;
(4) Your failure to establish any
"employee benefits" in compliance
with the mandatory provisions of
any law governing workers’
compensation, unemployment
insurance, social security or
disability benefits or any similar
state or federal law;
(5) Advice given to any person to
participate or not to participate in
any "employee benefits";
(6) Taxes, fines or penalties, including
those imposed under the Internal
Revenue Code or any similar state
or local law;
(7) "Damages" arising out of wrongful
termination of employment,
discrimination, or other
employment-related practices.

08/17/2021A0175942
Middlesex
00005 0000000000 21229 0 N1 cd895059-72fb-4ef7-8051-fdbea77cf168cd895059-72fb-4ef7-8051-fdbea77cf168 ITEM 6
d. Liability based on:
(1) Medical malpractice of any
physician or surgeon;
(2) Dishonest, fraudulent, criminal or
malicious acts or omissions
committed by any insured;
(3) The Employee Retirement Income
Security Act of 1974 or any
amendment thereof; or
(4) Circumstances of which you were
aware, or should have been aware,
at the inception of this insurance.

3. The Supplementary Payments provisions
are extended to Coverage D.

B. Limit Of Insurance
For this additional coverage, Section
III - Limits Of Insurance is amended as
follows:

1. Paragraph 2. is replaced by the following:

2. The General Aggregate Limit is the
most we will pay for the sum of:
a. Medical Expenses under Coverage
C;
b. Damages under Coverage A.,
except damages because of "bodily
injury" or "property damage"
included in the "products-
completed operations hazard";
c. Damages under Coverage B; and
d. Damages under Coverage D.

2. Subject to the General Aggregate Limit
described in paragraph B.1. above, the
Each Employee Limit is the most we will
pay under Coverage D. for all "damages"
sustained by any one "employee",
including "damages" sustained by such
"employee's" dependents and
beneficiaries, because of any one
"occurrence".

C. Deductible

1. Our obligation under Coverage D. to pay
"damages" on behalf of the insured applies
only to the amount of "damages" in excess
of any Each Employee Deductible amount
shown in the Declarations.

2. The deductible amount applies to all
"damages" sustained by any one
"employee", including such "employee's"
dependents and beneficiaries, because of
any one occurrence.

3. The terms of this insurance, including
those with respect to:
a. Our right and duty to defend the
insured against "suits" seeking those
"damages"; and
b. Your duties in the event of an
occurrence, claim or "suit"
apply regardless of the application of the
deductible amount.

4. We may pay any part of all of the
deductible amount to effect settlement of
any claim or "suit" and, upon notification of
the action taken, you should promptly
reimburse us for each part of the
deductible amount as has been paid by us.

D. Coverage D Definitions

1. For Coverage D, only, the following
definitions replace the corresponding
definitions found in the Commercial
General Liability Coverage Part:
a. "Employee" means a person actively
employed or formerly employed by or
on leave of absence, disabled or retired
from the named insured. Employee
does not include a "leased worker" or a
"temporary worker".
b. "Occurrence" means an error or
omission in the "administration" of
"employee benefits".
c. "Suit" means a civil proceeding in which
"damages" because of an "occurrence"
to which Coverage D. applies are
alleged. "Suit" includes:
(1) An arbitration proceeding in which
such "damages" are claimed and to
which the insured must submit or
does submit with our consent; or
(2) Any other alternative dispute
resolution proceeding in which
damages are claimed and to which
the insured submits with our
consent.

2. The following definitions are added for
Coverage D only:
a. "Administration" means:
(1) Providing information to employees,
including their dependents and
beneficiaries, with respect to
eligibility for or scope of "employee
benefits";
(2) Interpreting "employee benefits";
(3) Handling of records in connection
with the "employee benefits"; or
(4) Effecting, continuing or terminating
any employee's participation in any
benefit included in "employee
benefits"
by you or a person or organization
authorized by you to perform such
acts.

However, "administration" does not
include handling payroll deductions.

CG 70 21 06 18Page 2 of 9
08/17/2021A0175942
Middlesex
ITEM 6
b. Damage" means"
(1) Those sums that the insured is
legally obligated to pay as a result of
negligent errors or omissions to
which this insurance applies. For the
purpose of this coverage, "dam-
ages" does not include punitive or
exemplary damages, requests for
restitution, requests for injunctive or
declarative relief, including
associated requests for costs or
fees or any other costs, fees or
penalties that are not insurable by
law; or
(2) Other costs, fees or penalties
required to be paid by order of
enforcement of any federal, state, or
local statutes to the extent they are
insurable by law.
c. "Employee benefits" means:
(1) Insurance programs for:
(a) Group Life;
(b) Group accident and health;
(c) Dental, vision and hearing plans;
(d)Flexible spending accounts;
(e) Workers’ compensation;
(f) Unemployment; and
(g)Social security and disability
benefits.
(2) Group Plans for:
(a) Profit Sharing;
(b)Pensions;
(c) Employee stock subscription;
(d)Employee savings plans; and
(e) Employee stock ownership
plans;
(3) Vacation plans, including buy and
sell programs; leave of absence
programs, including military,
maternity, family, and civil leave;
tuition assistance plans;
transportation and health club
subsidies; and
(4) Other similar employee benefits,
identified by separate endorsement.

The above plans must be provided by
you and are applicable to you and your
employees.

2. Broadened Supplementary Payments
Under Section I - Coverages, Supplementary
Payments - Coverages A And B:
a. Paragraph 1.b. is amended to pay up to
$3,000 for cost of bail bonds; and
b. Paragraph 1.d. is amended to pay for loss of
earnings up to $750 a day because of time off
from work.

3. Fellow Employee Bodily Injury
Paragraph 2.a. of Section II - Who Is An Insured
is replaced by the following:

2. Each of the following is also an insured:
a. Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business. However,
none of these "employees" or "volunteer
workers" are insureds for:
(1) "Personal and advertising injury":
(a) To you, to your partners or members
(if you are a partnership or joint
venture), to your members (if you
are limited liability company), to a
co-"employee" while in the course
of his or her employment or
performing duties related to the
conduct of your business or to your
other "volunteer workers" while
performing duties related to the
conduct of your business;
(b)To the spouse, child, parent, brother
or sister of that co-"employee" or
"volunteer worker" as a
consequence of paragraph (1)(a)
above or
(c) For which there is any obligation to
share damages with or repay
someone else who must pay
damages because of the injury
described in paragraphs (1)(a) or (b)
above.
(2) "Bodily injury or "personal and
advertising injury" arising out of his or
her providing or failing to provide
professional health care services.

But this does not apply to "bodily
injury" arising out of nurses, emergency
medical technicians or paramedics
providing or failing to provide
professional health care services.
(3) "Property damage" to property:
(a) Owned, occupied or used by;
(b)Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by;

08/17/2021A0175942
Middlesex
00005 0000000000 21229 0 N3 cd895059-72fb-4ef7-8051-fdbea77cf168cd895059-72fb-4ef7-8051-fdbea77cf168 ITEM 6
you, any of your "employees",
"volunteer workers", any partner or
member (if you are a partnership or joint
venture), or any member (if you are a
limited liability company).

4. World Wide Coverage Territory
a. Under Section V - Definitions, Paragraph 4.
is replaced by the following:

4. "Coverage territory" means anywhere in
the world.
b. The following is added to Section IV -
Conditions:

Expanded Coverage Territory
(1) If a "suit" to which this insurance applies is
brought outside the United States of
America (including its territories and
possessions), Puerto Rico or Canada, we
will have the right but not the duty to
defend the insured against such "suit".

In any such case in which we elect not to
defend, the insured will at our option and
under our supervision:
(a) Make or cause to be made such
investigation and defense as are
reasonably necessary; and
(b) To the extent possible, effect such
settlement or settlements as we shall
deem proper.

We will reimburse the insured, under
Supplementary Payments, for the
reasonable cost of such investigation and
defense and, within the limits of liability, for
the amounts of such authorized
settlement.
(2) All payments or reimbursements we make
for damages because of judgments or
settlements will be made in U.S. currency
at the prevailing exchange rate at the time
the insured became legally obligated to
pay such sums. All payments or
reimbursements we make for expenses
under Supplementary Payments will be
made in U.S. currency at the prevailing
exchange rate at the time the expenses
were incurred.
(3) Any disputes between you and us as to
whether there is coverage under this policy
must be filed in the courts of the United
States of America (including its territories
and possessions), Puerto Rico or Canada.
c. The following is added to Paragraph 4.b.
under the Conditions section:

4. Other Insurance
b. Excess Insurance
This insurance is excess over:
(3) Any of the other insurance, whether
primary, excess, contingent or on
any other basis:
(a) If the insured's liability to pay
damages is determined in a
"suit" brought outside the United
States of America (including its
territories and possessions),
Puerto Rico or Canada; or
(b) That is coverage required by law,
regulation or other governmental
authority in a part of the
"coverage territory" that is
outside of the United States of
America (including its territories
and possessions), Puerto Rico or
Canada.

5. Engine Rebuilding And Overhaul Operations
If this insurance applies to "property damage"
included within the "products-completed
operations hazard", the following exception is
added to exclusion I. under Paragraph 2.,
Exclusions of Section I - Coverage A - Bodily
Injury And Property Damage Liability:

This exclusion does not apply if "property
damage" arises from "engine rebuilding or
overhaul operations" conducted by you or on
your behalf.
"Engine rebuilding or overhaul operations" means
repair of internal combustion engines or
component parts of such engines owned by
others if the repair involves the complete
disassembly and reassembly of the engine or
component part of the engine.

This insurance does not apply to "property
damage" to engines or component parts of
engines which are used in, or while in practice or
preparation for, any prearranged racing, speed,
demolition or stunting activity.

6. Incidental Medical Malpractice
a. Under Section V - Definitions, the definition
of "bodily injury" is amended to include injury
arising out of the rendering or failure to render
medical services to persons by any physician,
dentist, nurse, emergency medical technician
or paramedic who is employed by you to
provide such services.
b. This insurance does not apply:
(1) If you are engaged in the business or
occupation of providing medical services;
or
(2) To liability assumed in a contract or
agreement.

CG 70 21 06 18Page 4 of 9
08/17/2021A0175942
Middlesex
ITEM 6

7. Damage To Premises Rented To You
a. The final paragraph under Paragraph 2.,
Exclusions of Section I - Coverage A -
Bodily Injury And Property Damage Liability
is replaced by the following:

Exclusions c., d., e. and g. through n. do not
apply to damage to premises while rented to
you or temporarily occupied by you with
permission of the owner. A separate limit of
insurance applies to this coverage as
described in Section III - Limits Of
Insurance.

This insurance does not apply to "property
damage" (other than damage by fire) to
premises rented to you for a period of 7 or
fewer consecutive days.
b. Except for damage arising out of fire,
explosion or water discharge, our obligation
under this coverage to pay for premises
"property damage" on your behalf applies
only to the amount of damages in excess of a
$5,000 per claim deductible. The deductible
applies to all damages sustained by any one
person or organization because of premises
"property damage".

The terms of this insurance, including those
with respect to:
(1) Our right and duty to defend the insured
against any "suit" seeking damages to
which this insurance applies; and
(2) Your duties in the event of an
"occurrence", claim or "suit"
Apply irrespective of the application of the
deductible amount.

We may pay any part of or all of the deductible
amount to effect settlement of any claim or
"suit" and, upon notification of the action
taken, you shall promptly reimburse us for
such part of the deductible amount as has
been paid by us.

8. Extended Medical Payments
Section I - Coverage C - Medical Payments is
extended to apply to medical expenses incurred
and reported to us within three years of the date
of the accident.

9. Extended Non-Owned Watercraft
Paragraph (2)(a) of Exclusion g. under Paragraph

2., Exclusions of Section I - Coverage A -
Bodily Injury And Property Damage Liability is
amended, substituting 51 feet for 26 feet.

10.Medical Payments - Waiver Of Transfer Of
Rights Of Recovery
Under Section IV - Commercial General
Liability Conditions, Condition 8. Transfer Of
Rights Of Recovery Against Others To Us is
amended by the addition of the following:

We waive the right of recovery we may have
because of payments we make for "bodily injury"
under Section I - Coverage C - Medical
Payments.

11.Aircraft Chartered With A Crew
The following is added to Exclusion g. under
Paragraph 2. Exclusions of Section I - Coverage
A - Bodily Injury And Property Damage
Liability:

This exclusion does not apply to an aircraft, not
owned by any insured, charted with a crew by or
on behalf of the insured.

This insurance is excess over any other valid and
collectible aircraft insurance available to the
insured, whether such insurance is primary,
excess, contingent or on any other basis.

12.Extended Property Damage
Exclusion a. under Paragraph 2., Exclusions of
Section I - Coverage A - Bodily Injury And
Property Damage Liability is replaced by the
following:
a. "Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.

This exclusion does not apply to "bodily injury"
or "property damage" resulting from the use of
reasonable force to protect persons or
property.

13.Hostile Fire -Pollution Clean Up
The following is added to Paragraph (2) of
Exclusion f. under Paragraph 2., Exclusions of
Section I - Coverage A - Bodily Injury And
Property Damage Liability:

Subparagraphs (2)(a) and (b) do not apply to
loss, cost or expense arising out of heat, smoke
or fumes from a "hostile fire" covered under
paragraph f.(1). above. A separate aggregate limit
of $25,000 is the most we will pay under this
coverage for losses during the policy period.

The above provision does not apply if a Total
Pollution Exclusion endorsement is part of this
Coverage Part.

14.Newly Acquired Organizations
Paragraph 3.a. of Section II - Who Is An Insured
is amended, substituting 180th day for 90th day.

15.Broad Knowledge Of Occurrence, Claim Or
Suit
Under Section IV - Commercial General
Liability Conditions, Condition 2. Duties In The
Event Of Occurrence, Offense, Claim Or Suit is
amended by the addition of the following:

08/17/2021A0175942
Middlesex
00005 0000000000 21229 0 N5 cd895059-72fb-4ef7-8051-fdbea77cf168cd895059-72fb-4ef7-8051-fdbea77cf168 ITEM 6
Knowledge of an "occurrence", offense, claim or
"suit" by an agent or "employee" of any insured or
receipt of any demand, notice, summons or other
legal paper in connection with a claim or "suit" by
any agent or "employee" of any insured shall not
in itself constitute knowledge of the named
insured or receipt of the named insured, unless a
partner, member, manager, "executive officer" or
director shall have such knowledge or shall have
received such demand, notice, summons or legal
paper.

16.Sold Premises Property Damage
Exclusion j.(2) under Paragraph 2., Exclusions of
Section I - Coverage A - Bodily Injury And
Property Damage Liability does not apply.

17.Unintentional Failure To Disclose Hazards
Under Section IV - Commercial General
Liability Conditions, the following is added to
Condition 6. Representations:

If in your representations to us you
unintentionally failed to disclose all hazards and
exposures subject to this insurance, we shall not
deny all coverage under this policy because of
such oversight.

18.Stop Gap Liability
The following exception is added to Exclusion e.
under Paragraph 2., Exclusions of Section I -
Coverage A - Bodily Injury And Property
Damage Liability:

This exclusion does not apply to "bodily injury" to
an employee of the insured arising out of the
course of:
a. Employment by the insured; or
b. Performing duties related to the conduct of
the insured's business
provided such employee is reported and declared
under the Workers Compensation Fund of the
states of North Dakota, Ohio, Washington or
Wyoming, whichever is applicable as respects
such injured employee.

As used herein, employee includes a "leased
worker" or "temporary worker".

The insurance provided by this coverage
extension does not apply to:
a. Punitive or exemplary damage because of
"bodily injury" to an employee employed in
violation of law;
b. "Bodily injury" to an employee while employed
in violation of law with your actual knowledge
or the knowledge of any of your "executive
officers"; or
c. Damages arising out of the discharge of,
coercion of, or discrimination against any
employee in violation of law.

19.Additional Insureds
a. The following is added to Section II - Who Is
An Insured.

The following are included as Additional
Insureds when you have agreed to add the
person or organization as an Additional
Insured on your policy in a written contract,
written agreement or because of a permit
issued by a state or political subdivision;
provided the injury or damage occurs
subsequent to the execution of the contract
or agreement or issuance of the permit:
(1) Any Person or Organization you are
Performing Work For
Any person(s) or organization(s) not an
insured under paragraphs 2. through 6.
below, but only with respect to liability for
"bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions
or the acts or omissions of those acting on
your behalf; in the performance of your
ongoing operations for the Additional
Insured.

A person's or organization's status as an
Additional Insured under this endorsement
ends when your operations for that
Additional Insured are completed.
(2) Lessor of Leased Equipment
Any person(s) or organization(s), but only
with respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by your maintenance, operations or
use of equipment leased to you by such
person(s) or organization(s).

With respect to the insurance afforded to
these Additional Insureds, this insurance
does not apply to any "occurrence" which
takes place after the equipment lease
expires.
(3) Lessor of Leased Land
Any person(s) or organization(s), but only
with respect to liability arising out of the
ownership, maintenance or use of that
part of the land leased to you by that
person(s) or organization(s), subject to the
following additional exclusions:

This insurance does not apply to:
(a) Any "occurrence" which takes place
after you cease to lease the land;
(b) Structural alterations, new construction
or demolition operations performed by
or on behalf of the person(s) or
organization(s) that are Additional
Insureds under this provision.

CG 70 21 06 18Page 6 of 9
08/17/2021A0175942
Middlesex
ITEM 6
(4) Managers or Lessors of Premises
Any person(s) or organization(s); but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the premises leased to you by that
person(s) or organization(s); subject to the
following additional exclusions:

This insurance does not apply to:
(a) Any "occurrence" which takes place
after you cease to be a tenant in that
premises.
(b) Structural alterations, new construction
or demolition operations performed by
or on behalf of the person(s) or
organization(s) that are Additional
Insureds under this provision.
(5) Owners, Lessees or Contractors
Any person(s) or organization(s), but only
with respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by:
(a) Your acts or omissions; or
(b) The acts of omissions of those acting
on your behalf;
In the performance of your ongoing
operations for the Additional Insured(s).

With respect to the insurance afforded to
these Additional Insureds, the following
additional exclusions apply:

This insurance does not apply to:
(a) “Bodily injury”, “property damage” or
“personal and advertising injury” arising
out of the rendering of, or the failure to
render any professional, architectural,
engineering or surveying services,
including:
(i) The preparing, approving, or failing
to prepare or approve, maps, shop
drawings, opinions, reports,
surveys, field orders, change orders
or drawings and specifications; or
(ii) Supervisory, inspection,
architectural or engineering
activities.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or
monitoring of others by that insured if
the “occurrence” which caused the
“bodily injury” or “property damage” or
the offense which causes the “personal
and advertising injury” involved the
rendering of or the failure to render any
professional architectural, engineering
or surveying services.
(b) Bodily injury" or "property damage"
occurring after:
(i) All work, including materials, parts or
equipment furnished in connection
with such work, on the project (other
than service, maintenance or
repairs) to be performed by or on
behalf of the Additional Insured(s) at
the location of the covered
operations has been completed; or
(ii) That portion of "your work" out of
which the injury or damage arises
has been put to its intended use by
any person or organization other
than another contractor or
subcontractor engaged in the
performing operations for a principal
as a part of the same project.
(6) State or Political Subdivisions - Permits
Or Authorizations Related To Premises
Any state or governmental agency or
subdivision or political subdivision; but only
with respect to the following hazards for
which the state or governmental agency or
subdivision has issued a permit or
authorization in connection with premises
you own, rent or control and to which this
insurance applies:
(a) The existence, maintenance, repair,
construction, erection or removal of
advertising signs, awnings, canopies,
cellar entrances, coal holes, driveways,
manholes, marquees, hoist away
openings, sidewalk vaults, street
banners or decorations and similar
exposures; or
(b) The construction, erection or removal of
elevators; or
(c) The ownership, maintenance or use of
any elevators covered by this
insurance.

However;
(1) The insurance afforded to such Additional
Insureds only applies to the extent
permitted by law; and

08/17/2021A0175942
Middlesex
00005 0000000000 21229 0 N7 cd895059-72fb-4ef7-8051-fdbea77cf168cd895059-72fb-4ef7-8051-fdbea77cf168 ITEM 6
(2) The insurance afforded to such Additional
Insured will not be broader than that which
you are required by the contract or
agreement to provide for such Additional
Insureds.

A person or organization is an Additional
Insured under this provision only for the
period of time required by the contract or
agreement.

However, no such person or organization is
an insured under this Additional Insured
coverage if included as an insured by an
endorsement issued by us and made a part
of this coverage part.
b. The following is added to Section III - Limits
of Insurance
If you have agreed in a written contract or
written agreement that another person or
organization be added as an Additional
Insured on your policy, the most we will pay
on behalf of that Additional Insured is the
lessor of:

1. The Limits of Insurance specified in the
written contract or written agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations.

This amount shall be a part of and not in
addition to Limits of Insurance shown in the
Declarations and described in Section III.
c. The following is added to Section IV -
Commercial General Liability Conditions:

If we cover a claim or "suit" under this
Coverage Part that may also be covered by
other insurance available to an Additional
Insured, such Additional Insured must submit
such claim or "suit" to the other insurer for
defense and indemnity.

However, this provision does not apply to the
extent that you have agreed in a written
contract or written agreement that this
insurance is primary and non-contributory with
the Additional Insured's own insurance.
d. The following is added to Section IV -
Commercial General Liability Conditions

4.b.(1) of Excess Insurance:
(c) Any other insurance available to an
Additional Insured covered by this policy.

However, the following provisions apply to
other insurance available to any person or
organization who is an Additional Insured
under this coverage part.
(i) This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with that other
insurance by the method described in
Method of Sharing section below.
(ii) If you have agreed in a written contract,
written agreement or permit that this
insurance is primary and
non-contributory with the Additional
Insured's own insurance, this insurance
is primary and we will not seek
contribution from that other insurance.

Paragraphs (i) and (ii) do not apply to other
insurance to which the Additional Insured
has been specifically named as an
Additional Insured under a separate
endorsement.

20.Mental Anguish
The definition of "bodily injury" under Section V
- Definitions is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by a person, including “mental
anguish” or death resulting from any of these at
any time.

The following definition is added to Section V
- Definitions:
“Mental anguish” means extreme pain or distress
inflicted upon an individual's emotional and
intellectual condition with regard to the
individual's response to the environment.

21.Non-Employment Related Discrimination
The following is added to the definition of
“personal and advertising injury” under Section V
- Definitions:

Discrimination against or harassment of a person
if:
a. Coverage for such discrimination or
harassment is permitted by law; and
b. The discrimination or harassment is not
committed by or at the direction of:
(1) You;
(2) If you are an individual, your spouse;
(3) If you are a partnership, a partner or his or
her spouse;
(4) If you are a joint venture, a member of the
joint venture or his or her spouse;
(5) If you are a limited liability company, any of
your members or managers; or
(6) If you are an organization other than a
partnership, joint venture, or limited liability
company, any of your “executive officers”,
directors or stockholders.

CG 70 21 06 18Page 8 of 9
08/17/2021A0175942
Middlesex
ITEM 6
This insurance does not apply to “personal and
advertising injury” arising out of any insured's
failure to comply with any responsibilities or
duties required by the Americans With Disabilities
Act, any amendments or additions or any similar
state or local law.

All other terms and provisions of this policy remain
unchanged.

08/17/2021A0175942
Middlesex
00005 0000000000 21229 0 N9 cd895059-72fb-4ef7-8051-fdbea77cf168cd895059-72fb-4ef7-8051-fdbea77cf168 ITEM 6
POLICY NUMBER:

SCHEDULE
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2

COMMERCIAL GENERAL LIABILITY
CG 25 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECT(S)

GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
Designated Construction Project(s): All construction projects away from premise owned by or rented by insured
A. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Section I - Coverage A, and
for all medical expenses caused by accidents
under Section I - Coverage C, which can be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:

1. A separate Designated Construction Project
General Aggregate Limit applies to each
designated construction project, and that limit
is equal to the amount of the General
Aggregate Limit shown in the Declarations.

2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the
"products-completed operations hazard", and
for medical expenses under Coverage C
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated
Construction Project General Aggregate Limit
for that designated construction project. Such
payments shall not reduce the General
Aggregate Limit shown in the Declarations nor
shall they reduce any other Designated
Construction Project General Aggregate Limit
for any other designated construction project
shown in the Schedule above.

4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.

However, instead of being subject to the
General Aggregate Limit shown in the
Declarations, such limits will be subject to the
applicable Designated Construction Project
General Aggregate Limit.

A0175942003
Change effective 08/17/2021
08/17/2021A0175942
Middlesex
00001 0000000000 21229 0 N1 71408ef6-0ec3-4416-b528-6be833ac23d271408ef6-0ec3-4416-b528-6be833ac23d2 ITEM 6

B. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Section I - Coverage A, and
for all medical expenses caused by accidents
under Section I - Coverage C, which cannot be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:

1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-completed Operations Aggregate
Limit, whichever is applicable; and

2. Such payments shall not reduce any
Designated Construction Project General
Aggregate Limit.

C. When coverage for liability arising out of the
"products-completed operations hazard" is
provided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-completed Operations
Aggregate Limit, and not reduce the General
Aggregate Limit nor the Designated Construction
Project General Aggregate Limit.

D. If the applicable designated construction project
has been abandoned, delayed, or abandoned and
then restarted, or if the authorized contracting
parties deviate from plans, blueprints, designs,
specifications or timetables, the project will still be deemed to be the same construction project.

E. The provisions of Section III - Limits Of Insurance
not otherwise modified by this endorsement shall
continue to apply as stipulated.

Change effective 08/17/2021
08/17/2021A0175942
Middlesex
ITEM 6
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
© Insurance Services Office, Inc., 2012  Page 1 of 1CG 20 01 04 13 08/17/2021A0175942
Middlesex
00001 0000000000 21229 0 N1 d128f2c1-d247-42de-a88c-b61e7759c793d128f2c1-d247-42de-a88c-b61e7759c793 COMM

ERCIAL GENERAL LIABILITY

CG 20 0
1 04 13
THIS
ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PR

IMARY AND NONCONTRIBUTORY -

OT

HER INSURANCE CONDITION
Thi
s endorsement modifies insurance provided under the following:

COMMER

CIAL GENERAL LIABILITY COVERAGE PART
PRO

DUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
ITEM 6

08/17/2021A0175942
Middlesex
POLICY NUMBER:
© Insurance Services Office, Inc., 2012

COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any person or organization you are required to add as
an additional insured under a written contract or
agreement
in effect prior to any accident, injury, loss or damage All locations per written contract, agreement or permit Description:

All jobs performed that have a written contract,
agreement or permit
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the same
project.

A0175942003
00001 0000000000 21229 0 N1 a73c3859-9699-4131-bcb3-ad11972de765a73c3859-9699-4131-bcb3-ad11972de765 ITEM 6
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
© Insurance Services Office, Inc., 2012 CG 20 10 04 13Page 2 of 2 08/17/2021A0175942
Middlesex
ITEM 6
© Insurance Services Office, Inc., 2012
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed
Operations
Any person or organization you are required to add as
an additional insured under a written contract or
agreement
in effect prior to any accident, injury, loss or damage All locations and jobs performed that have a written
contract, agreement or permit
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

A0175942003

08/17/2021A0175942
Middlesex
00001 0000000000 21229 0 N1 0d0255ba-538b-4961-ae34-b705fab494150d0255ba-538b-4961-ae34-b705fab49415 ITEM 6
POLICY NUMBER:
© Insurance Services Office, Inc., 2008

COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the
"products-completed operations hazard". This waiver
applies only to the person or organization shown in
the Schedule above.

A0175942003

08/17/2021A0175942
Middlesex
00001 0000000000 21229 0 N1 b20ce7a7-dc02-4727-b7cd-dbc8e8091a6cb20ce7a7-dc02-4727-b7cd-dbc8e8091a6c ITEM 6
POLICY NUMBER:

SCHEDULE

COMMERCIAL AUTO
CA 76 01 06 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED - PRIMARY AND

NONCONTRIBUTORY - COVERED AUTOS

LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

AUTO DEALERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated.

Named Insured: EMTS Inc
Endorsement Effective Date: 08/17/2021
Name Of Person(s) Or Organization(s):

Any person or organization you are required to add as
an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Each person or organization shown in the
Schedule is an "insured" for Covered Autos
Liability Coverage, but only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in:
(1) Paragraph A.1. of Section II - Covered Autos
Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms; or
(2) Paragraph D.2. of Section I - Covered Autos
Coverages of the Auto Dealers Coverage
Form.

B. Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other auto insurance issued
to the person or organization in the schedule
under your policy provided that:
(1) The person or organization is a Named Insured
under such other insurance; and
(2) Prior to the “accident” you have agreed in
writing in a contract or agreement that this
insurance would be primary and would not
seek contribution from any other insurance
available to the person or organization.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

A0175942001

08/17/2021A0175942
Middlesex
00001 0000000000 21229 0 N1 d39603fc-c819-4e8d-96ec-2fab9f3906d9d39603fc-c819-4e8d-96ec-2fab9f3906d9 ITEM 6
Named Insured:

Endorsement Effective Date:

Name(s) Of Person(s) Or Organization(s):

POLICY NUMBER: A0175942001 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

SCHEDULE
Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived
prior to the "accident" or the "loss" under a contract
with that person or organization.
© Insurance Services Office, Inc., 2011
EMTS Inc
08/17/2021

08/17/2021A0175942
Middlesex
00001 0000000000 21229 0 N1 ca7c6c15-f12e-4a6f-9b61-a77d6783ababca7c6c15-f12e-4a6f-9b61-a77d6783abab ITEM 6
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 27, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Jon Frederick, Senior IT Systems Analyst
[email protected], (209) 538-5741
SUBJECT:

Resolution No. 2022 -XX, approving the use of ARPA funds to purchase ten (10) additional all-in-one MDCs for Police Vehicles and authorizing staff to move forward with the purchase.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the use of ARPA funds to purchase ten (10) additional all-in-one MDCs (Mobile Data Computers) for Police Vehicles.

I. BACKGROUND:

On April 11, 2022, the City Council approved a mid- year budget amendment which included the approval of the use of ARPA funds for various projects in the Information Technology Department (IT). One of those projects is to purchase additional replacement all -in-one MDCs for Police vehicles.

Currently the MDCs in use within the police fleet are old and outdated. These devices are constantly in use and function in a harsh environment due to installation in vehicles. Changing temperature and impacts affect the useful lifespan of this type of equipment.

II. REASONS FOR RECOMMENDATION:

On 2/9/2022 the IT Department purchased eight (8) a ll-in-one MDCs to begin the process of replacing the old MDCs in the police vehicles. This initial purchase was approved in the 2021-22 Fiscal Year Budget.

Due to budgetary restrictions the purchase of enough replacement MDCs was originally going to be spread out over the course of several years. However, with the ARPA funds that are now available, this project can be completed, ensuring police vehicles are up to date.

ITEM 7
In addition to Council’s approval of this project at the April 11, 2022 meeting, a specific resolution authorizing the expenditure is required.

III. FISCAL IMPACTS:

The cost to purchase ten (10) additional all -in-one MDCs has been quoted to us by BMS Data 911, which is a sole source vendor of government technology needs, for a total of $ 59,957.83.

Council approved the use of up to $65,000.00 in ARPA funds for this project per Resolution 2022-

31. This is a one-time purchase and will have no residual, ongoing costs to the department.

IV. POLICY ALTERNATIVES:

Council could choose to not approve the purchase of additional MDCs . This would result in the project completion being delayed several years as the purchase of these items will need to be budgeted as a line item in future budgets.

V. STEPS FOLLOWING APPROVAL:

Upon City Council approval staff will make the necessary purchase of the additional all-in-one MDCs.

Approved by: ________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Quote from BMS Data 911

3. Sole Source Letter
ITEM 7

RESOLUTION NO. 2022-XX

APPROVING THE USE OF ARPA FUNDS TO PURCHASE TEN (10) ADDITIONAL

ALL-IN-ONE MDCS FOR POLICE VEHICLES AND AUTHORIZING STAFF TO MOVE

FORWARD WITH THE PURCHASE

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City Council approved a mid-year budget which included the use of ARPA funds for various projects in the Information Technology Department , including the purchase of ten (10) additional all-in-one MDCs for Police vehicles; and

WHEREAS, the MDCs currently in the police vehicles have reached end of life and are no longer supported for software updates and parts; and,

WHEREAS, the purchase of these additional all-in-one MDCs will have no fiscal impact on the City.

NOW, THEREFORE, BE IT R ESOLVED that the Ci ty Council of the C ity of Ceres does hereby approve the use of ARPA funds to purchase ten (10) additional all- in-one MDCs for Police vehicles and authorizes staff to move forward with the purchase.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Kellie E. Weaver, Interim City Clerk

ITEM 7
ITEM 7

ITEM 7
ITEM 7
ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 27, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Jon Frederick, Senior IT Systems Analyst
[email protected], (209) 538-5741
SUBJECT:

Resolution No. 2022 -XX, approving the use of ARPA funds to purchase Thirty (30) new Cradlepoint Wireless Routers for Police Vehicles and authorizing staff to move forward with the purchase.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the use of ARPA funds to purchase thirty (30) new Cradlepoint Wireless Routers for Police Vehicles.

I. BACKGROUND:

On April 11, 2022, the City Council approved a mid- year budget amendment which included the approval of the use of ARPA funds for various projects in the Information Technology Department (IT). One of those projects is to upgrade the wireless routers in Police vehicles.

The wireless routers currently in Police vehicles have reached end of life and are no longer supported for software updates or parts , making them obsolete. These wireless routers are t he only way officers have of connecting the computers in the vehicles with the main server in the Police Building.

II. REASONS FOR RECOMMENDATION:

Officers use the computers in their vehicles for a wide variety of day -to-day activities and have come to rely on them to aide in their work and to keep them connected to the department. Some of those day-to-day activities include:
• Connect to RMS to write reports while they are out in the field. • Connect to Dragon Naturally Speaking for LE
• Search for Warrants
• Search Vehicle License Plates
• Search for Criminal History Reports
ITEM 8
• Self-Dispatch

In addition, these new routers will be 5G, making them ready for the next generation as 4G is turned off. They will also include the correct antennae to provide a wi-fi hotspot for Ticket Writer access.

The purchase of 30 (thirty) units will allow the pol ice vehicles to be outfitted with these next generation wireless routers.

In addition to Council’s approval of this project at the April 11, 2022 meeting, a specific resolution authorizing the expenditure is required.

III. FISCAL IMPACTS:

The cost to purchase 30 (thirty) Cradlepoint wireless routers, has been quoted to us by CDW-G, which is a sole source vendor of government technology needs, for a total of $59,031.77. Council approved the use of up to $75,000.00 in ARPA funds for this project per Resolution 2022-31. This is a one-time purchase and will have no residual, ongoing costs to the department.

IV. POLICY ALTERNATIVES:

Council could choose to not approve the purchase of updated wireless routers. This would result in officers eventually being unable to connect their computer with the department server . If this were to happen, the officers would have to rely on their radios to communicate with Dispatch for all of their report inquiries (warrants, license plates, criminal histories) and for self -dispatching notifications, overloading our 911 Dispatch Center.

V. STEPS FOLLOWING APPROVAL:

Upon City Council approval staff will make the necessary purchase of the Cradlepoint wireless routers.

Approved by: _________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Quote from CDW-G
ITEM 8

RESOLUTION NO. 2022-XX

APPROVING THE USE OF ARPA FUNDS TO PURCHASE THIRTY (30) NEW

CRADLEPOINT WIRELESS ROUTERS FOR POLICE VEHICLES AND

AUTHORIZING STAFF TO MOVE FORWARD WITH THE PURCHASE

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City Council approved a mid-year budget which included the use of ARPA funds for various projects in the Information Technology Department , including the purchase of thirty (30) new Cradlepoint wireless routers for Police vehicles; and

WHEREAS, the wireless rout ers currently in the police vehicles have reac hed end of life and are no longer supported for software updates and parts; and

WHEREAS, the purchase of these new wireless routers will have no fiscal impact on the City.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ceres does here by approve the use of ARPA funds to purchase thirty (30) Cradlepoint wireless routers for Police vehicles and authorizes sta ff to move forward with the purchase.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Kellie E. Weaver, Interim City Clerk

ITEM 8
ITEM 8

DEAR ROBERT BALL,
Thank you for considering CDWoG LLC
Click here to conveft your quote to an
PEOPLE
wHo
GETIT
for your computing needs, The details of your quote are below. order.

QUOTE # QUOTE DATE QUOTE REFEREilCE

CERES CRADLEPOINT

REFRESII
cusroltER #
7157!5O3

GRAND TOTAL
154,467.4OitTNP705 512312022
ITE]'I QTY CDW# UT{TT PRIGE EXT. PRICE
6506014 $L,677.94 $s0,338.20
Mfg. Part#: MB05-19005G8-GA
Electronic distribution - NO MEDIA
Contract: California Cradlepoint NVP Data Communication (AR3 1 89- 7-20-7O -47 -O2)
Netcloud lrloblla Per{ormance Essentials plan - subscrlption llcense renewal
Mfg. Part#: MBoI-NCESS-R
Electronic distribution - NO MEDIA
Contract: California Cradlepoint NVP Data Communication (AR3 189-7- 20-7 O -47 -O2)
Cradlcpoint verlzon Ruoo€dized 4FF sim Card
Mfg. Part#: DFILLSIM4FF-VZ
Contract: MARKET
CRADLEPOIT{T II{SERT SIIti
Mfg. Part#: DINSERTSIM
Contract: MARKET
VERIZON WRIJS ACTIVATION W O SCAT{
Mfg. Part#: WRNACTryOOVCS
Contract: MARKET
30 6623070 $r37.64 $4,L29.2O
30 669 1 197 $0.00 $0.00
s 10670 1 $0.00 $0.00
2608862 $0.00 $0.00
These services are considered Third Party Services, and this purchase is subject to CDW'S Third Partv Cloud Services Terms and Conditions, unless you have a written agreement with CDW covering your purchase of products and services, in which case this purchase is subject to such other written agreement.

The third-party Service Provider will provide these services directly to you pursuant to the Service Provider's standard terms and conditions or such other terms as agreed upon directly between you and the Service Provider. The Service Provider, not CDW, will be responsible to you for delivery and performance of these services. Except as otherwise set forth in the Service Provider's agreement, these services are non-cancellable, and all fees are non-refu ndable.
+lufr)J
1 Billing Address:

CITY OF CERES

ACCOUNTS PAYABLE
2220 MAGNOLIA ST
cERES, CA 95307-3209
Phone: (209) 538-5793
Paym€nt Terms: Net 30 Days-Govt State/Local
Pl€as€ remlt p.ym€nts to:
g)o31,

QUOTE CONFIRMATIOT{

QUOTE DETAILS
30 30
ITEM 8
t(
Shipplng Address:

CITY OF CERES
2727 3RO ST
cERES, CA 95307-3219
Shipping ilethod: DROP SHIP-GROUND
@
sean Mclnerney I (87 7)3zs-6224 | [email protected]

CDW Govemment
75 Remlttance Drive
Suite 1515
Chicago, IL 60675-1515
Need Assistance? CDW.G LLC SALES CONTACT INFORMATION
This quote is subject to CDW'S Terms and Conditions of Sales and Service Projects at http: //www. cdwg.com/content/terrns- cono itions/proc u ct-sal es. aspx For more information, contact a CDW account manager
@2022 CDW.G LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 I 800.808.4239 ITEM 8
800.808.4239 | CDWG.com/nationalipasolutions
MKT20761 © 2016 CDW Government LLC

CONTRACT PURCHASING SIMPLICITY
CDW�G and National IPA offer a competitively solicited and publicly awarded cooperative purchasing agreement for Information Technology Solutions. This agreement features a comprehensive range of technology solutions including:
· Input Devices · Media Supplies · Network Equipment · Printers · Projectors · Services · Software · Software Licensing · Storage Devices · Systems To simplify the purchasing process, CDW�G offers National IPA participating agencies special pricing on technology solutions across a breadth of vendors. CDW�G also brings unmatched levels of service, advice and support from expert teams. Visit CDWG.com/nationalipasolutions for a complete list of products and services available. To simplify your purchase, search by keyword or browse by product category and use the resource links to access other valuable information.

Information Technology Solutions Contract # 130733
The National IPA contract portfolio, including the CDW�G agreement, is available to public agencies, educational institutions and agencies for public benefit. There is no fee to participate and no minimum purchase requirements. Register at nationalipa.org . Let National IPA and CDW�G solve your resource problems and technology requirements with one agreement.

For more information, contact your CDW�G account manager or National IPA representative today.

ALL YOUR IT NEEDS .ON O NE AGREEMENT ..

City of Ceres piggybacks off of this contract
that City of Mesa, AZ has w ith CDW-G to
obtain their government prices.

ITEM 8
ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 27, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Richard Collins, Chief of Police
[email protected], (209) 538-5725
SUBJECT:

Resolution No. 2022-XX, authorizing Staff to submit an application to the Bureau of Justice Assistance for the Patrick Leahy Bulletproof Vest Partnership to reimburse up to fifty percent (50%) of the purchase cost of ballistic vests for the Police Department.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council grant authorization to submit an application to the Bureau of Justice Assistance for the Patrick Leahy Bulletproof Vest Partnership Grant to reimburse up to fifty percent (50%) of the purchase cost of ballistic vests for the Police Department.

I. BACKGROUND:

The Federal Bureau of Justice Assistance provides the Bulletproof Vest Partnership (BVP) grant program to assist law enforcement agencies in purchasing ballistic vests for their Officers.

Through this program, smaller jurisdictions – those with populations under 100,000 – may receive up to fifty percent (50%) reimbursement for vests. To date, the City has received over $102,000.00 in BVP funds to offset the cost of regularly budgeted vest replacements and vests for new Officers.

II. REASONS FOR RECOMMENDATION:

During fiscal year 2022-23 the Police Department will need to replace vests that will be expiring and purchase vests for new Officers. It is estimated that a total of fifteen (15) vests will need to be purchased. The cost for each vest is between $1,100.00 and $1,400.00. These grant funds will be used to offset General Fund costs for vests approved in this year’s budget.

III. FISCAL IMPACTS:

The grant will offset General Fund expenditures budgeted for vests.

ITEM 9
IX. STEPS FOLLOWING APPROVAL:

Following Council approval, the Ceres Finance Department will move forward with completing and submitting the grant application for approval.

Approved by: _________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution
ITEM 9
RESOLUTION NO. 2022-XX

AUTHORIZING STAFF TO SUBMIT AN APPLICATION TO THE

BUREAU OF JUSTICE ASSISTANCE FOR THE PATRICK LEAHY

BULLETPROOF VEST PARTNERSHIP TO REIMBURSE UP TO FIFTY
PERCENT (50%) OF THE PURCHASE COST OF BALLISTIC VESTS

FOR THE POLICE DEPARTMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Bulletproof Vest Grant Acts of 1998 and 2000 assist law enforcement units in obtaining funds to purchase ballistic and stab vests for their officers; and,

WHEREAS, jurisdictions with populations under 100,000 have priority to receive up to fifty percent (50%) of requested funds; and,

WHEREAS, the City has applied for and received funding from the program for several years; and,

WHEREAS, the Police Department has a regular need for replacement vests each fiscal year;

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby authorize Staff to submit an application to the Bureau of Justice Assistance for a Patrick Leahy Bulletproof Vest Partnership Grant to reimburse up to fifty percent (50%) of the purchase cost of ballistic vests for the Police Department.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of June, 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Kellie E. Weaver, Interim City Clerk
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 27, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Sam Royal, Interim Director of Public Works
[email protected], (209) 538-5617
SUBJECT:

Resolution No. 2022-XX, Authorizing the City Manager to approve a Purchase Order with Shape, Inc. for the purchase of a FLYGT Pump for the Tranquil Storm Lift Station

RECOMMENDED COUNCIL ACTION:

Staff recommends City Council authorize the City Manager to approve a purchase order with Shape, Inc. for the purchase of a FLYGT Pump for the Tranquil Storm Lift Station in an amount not to exceed $25,407.44.

I. BACKGROUND:

The Tranquil Storm Lift Station is over twenty-two years old located on Morgan Road & Tranquil Drive in the City of Ceres. The Lift Station is a vital pump station that moves Stormwater during rain events.

The pump is an original piece of equipment, went out of service a few months ago, and replacement parts are either no longer available and/or too expensive to repair. Replacing the failed pump is required for the Lift Station to operate properly.

II. REASONS FOR RECOMMENDATION:

The City has accepted a proposal for the purchase of a FLYGT Pump from Shape, Inc. as a sole source vendor and the only distributor for FLYGT pumps, in an amount not to exceed $25,407.44. FLYGT pumps are exclusively used in all of the Ceres Stormwater and Wastewater Lift Stations and have been an Engineering standard for over 10 years.

III. FISCAL IMPACTS:

The Fiscal Impacts for the purchase of the FLYGT pump was included in the FY 2021- 2022 Water Operations Budget 567.30.0299.

ITEM 10
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Ensure that the community has adequate, well -maintained infrastructure (including water, sewer, storm drains, and parks) that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

The alternative to this proposal is to not move forward with the purchase of the storm pump which will result in flooding City streets and neighborhoods.

VI. INTERDEPARTMENTAL COORDINATION:

There has been no interdepartmental coordination.

VII. ENVIRONMENTAL REVIEW:

This project is a CEQA Categorical Exemption as per Section 15301(c) Existing Facilities.

VII. STEPS FOLLOWING APPROVAL:

The Finance Director to make the accounting entries to execute the purchase order.

Approved by:___________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Quote

3. Sole Source Letter

ITEM 10
RESOLUTION NO. 2022-XX

AUTHORIZING THE CITY MANAGER TO APPROVE A PURCHASE ORDER WITH SHAPE, INC. FOR THE PURCHASE OF A FLYGT PUMP FOR THE

TRANQUIL STORM LIFT STATION

THE CITY COUNCIL
City of Ceres

WHEREAS, Tranquil Storm Lift Station is over twenty-two years old, located on Morgan Road & Tranquil Drive; and

WHEREAS, the Tranquil Lift Station is a vital pump station that moves Stormwater during rain events. The pump is an original piece of equipment and parts are either no longer available or too expensive to repair; and

WHEREAS, replacing the failed pump is required f or the Lift Station to operate properly; and

WHEREAS, the city has accepted a proposal for the purchase of a pump from Shape Inc. as a sole souce vendor and the only distributor for the FLYGT pump; and

WHEREAS, the FLYGT pumps are exclusively used in all of the Stormwater and Wastewater Lift Stations and have been an Engineering standard for over 10 years; and

WHEREAS, the fiscal impacts for the purchase of the FLYGT pump was included in the FY 2021-2022 Water Operations Budget 567.30.029900; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to approve a purchase order fo r the FLYGT pump in an amount not to exceed $25,407.44.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Kellie Weaver, Interim City Clerk
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 27, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
Tom Hallinan, City Attorney
CONTACT: Tom Hallinan, City Attorney, [email protected] Kellie Weaver, Interim City Clerk, [email protected] SUBJECT:

Resolution 2022-XX, Authorizing the City to Continue
Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a Resoluti on authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361.

I. BACKG
ROUND:

Governor Gavin Newsom signed Executive Order N -15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16, 2021 Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency un der modified Brown Act requirements that are similar but not identical to the rules and pr ocedures established by the previous Executive Brown Act Orders.

This bill, u ntil January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M.

Brown Act when a legislative body of a local agency holds a meeting during a declared state of eme rgency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency.

ITEM 11

II. REAS ONS FOR RECOMMENDATION:

On June 11, 2021, Governor Newsom issued Ex ecutive Order N -08-21, which among other things rescinded his prior Executive Order N -29-20 and set a date of October 1, 2021, for public agencies to transition back to public me etings held in full compliance with the Brown Act.

As the Delta variant has s urged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional s afeguards. AB 361 a llows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:

• The legislative body holds a meeting during a proclaimed state of emergency, and state or local offici als have imposed or recommended measures to promote social distancing.
• The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

A local agency that holds a meeting under thes e circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown a ct. These a dditional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:

• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instanc e when the local agency provides notice of the teleconferenced meeting or posts its agend a, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend vi a a call-in o r an i nternet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call- in or internet -based service option or is within the local agency’s control an d pr events the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions).

ITEM 11

• Not require comments be submitted in advance (though the le gislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legisla tive b ody uses a third- party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register a nd may not close the registration comment period until the comment period has elapsed.

AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:

• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N -29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.

Since Ja nuary of 2021, the C eres C ity Council meetings hav e been held with virtual hybrid teleconference components. The City Council Chamber is open for public attendance and allows for public participation through a virtual environment. On October 11, 2021, the Ceres City Council adopted Resolution No. 2021-101 authorizing the City to implement telec onferenced public meetings pursuant to Assembly Bill 361 . This allowed the City to continue a hybrid virtual meeting environment. The legislative body must now co nduct the 30- day review and make the ne cessary findings to continue to meet in a virtual hybrid environment.

III. F
ISCAL IMPACTS :

There is no fiscal impact.

IV. I
NTERDEPARTMENTAL COORDINATION:

The response was prepared by the City Attorney in coordinati on with the City Manager and City Clerk.

V. P
UBLIC PARTICIPATION:

The public is encouraged to provide input at the City Council meeting.

ITEM 11

VI. STEPS FOLLOWING APPROVAL:

If Council makes the finding that the state of emergency continues to directly impact the ability of m embers to meet safely in person, and/ or State or local officials conti nue to impose or recommend social distancing measures , t he City will continue using the hybrid environment. The City Council will revisit the need to conduct meetin gs remotely within 30 days of the adoption of this resolution.

Prepared by: __________________________
Tom Hallinan, City Attorney

Submitted by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

ITEM 11

RESOLUTION NO. 2022-XX

AUTHORIZING THE CITY TO CONTINUE TELECONFERENCED
PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 ALLOWING

THE CITY TO CONTINUE A HYBRID VIRTUAL MEETING
ENVIRONMENT.

THE CITY COUNCIL
City of Ceres

WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and

WHEREAS, on March 23, 2020, the City Council adopted Resolution N umber 2020-23 declaring a local emergency due to COVID-19; and

WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.

Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and

WHEREAS, as a result of Executive Order N -29-20, staff set up Zoom meetings for all City Council, Planning Commission and Measure H Oversight Committee meetings; and

WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N -08- 21, which placed an end date of September 30, 2021, for agencies to meet remotely; and

WHEREAS, since issuing Executive Order N -08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and

WHEREAS, on October 11, 2021, the City Council adopted Resolution No. 2021- 101 a uthorizing the City to i mplement teleconferenced public meetings pursuant to Assembly Bill 361 allowing the City to continue a hybrid virtual meeting environment. The City will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

WHEREAS, because of the rise in cases due to t he Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings and there is a need to continue the virtual hybrid meeting environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CIT Y OF CERES
RESOLVES AS FOLLOWS:

ITEM 11
Resolution No. 2022-__; Page 2 of 2

1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings:

a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions /Committees, as well as staff and members of the public, from meeting safely in person; and
c. The Stanislaus County Health orders require all individuals in public spaces to maintain social distancing.

2. City Council and Commission/Committee meetings will continue to be conducted with a virtual hybrid component for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public.

3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of June, 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

__________________________________
Kellie E. Weaver, Interim City Clerk
ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 27, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Anthony Sims, Economic Development/Redevelopment Manager [email protected], (209) 538-5773
SUBJECT:

Resolution No. 2022-XX, Approving an Update to the Ceres Economic Development Strategic Plan to be completed by
Chabin Concepts, Inc.

RECOMMENDED COUNCIL ACTION:

Staff recommends that City Council adopts the Resolution approving the Ceres Economic Development Strategic Plan (CEDSP) Update to be completed by Chabin Concepts, Inc.

BACKGROUND:

The objective of the Ceres Economic Development Strategic Plan (“CEDSP”) process was to define appropriate, realistic and implementable strategic initiatives and actions that will help the City of Ceres “step up to the next level” and achieve meaningful economic development goals and objectives.

Economic development is marketplace driven and opportunity -based. Consequently, success depends on remaining current on market conditions and the ability to see and quickly adapt to opportunities as they arise.

The CEDSP assesses Ceres’ economic outlook through its workforce characteristics, traded industry cluster networks, fiscal capacity to engage in economic development activities, and existing backbone infrastructure to serve the City’s economic development needs. It provides examples of effective economic development tools that could benefit the City in conducting economic development initiatives/programs and recommends one inclusive goal with relevant objectives and examples of workable tactics.

Implementing the CEDSP will confirm the City’s leadership role in facilitating and supporting a strong and healthy local economy. Given changing economic conditions, local governments ITEM 12
are competing for business interests. As we move forward, the City will need to periodically update the Economic Development Strategy to adjust to a changing economic climate to ensure that Ceres competes successfully in the region.

The City will utilize the data in the CEDSP to its betterment. With this specif ically in mind, it is the fervent wish of the authors of the CEDSP that the information in this report is not only of interest to the City, but engages the City in an ongoing economic development effort that is of practical use to Ceres in its quest to create jobs and strengthen its economy.

I. REASONS FOR RECOMMENDATION:

Staff recommends that an update to the CEDSP be completed by Chabin Concepts, Inc. The current Ceres EDSP covers years 2013 – 2020. Staff solicited proposals from other economic development consultants. The Economic Development Manager and Community Development Director reviewed the proposals and found that the proposal by Chabin Concepts, Inc. was the most qualified and detailed, as well as meeting budgetary requirements. Chabin Concepts, Inc. Demonstrated more effectively in their proposal that they would bring fresh ideas and offer a more comprehensive plan update. Their proposal also had the lowest cost. Chabin Concepts, Inc. is an economic development firm located in Chico, CA, and has experience in working with several cities within the Central Valley such as Fresno, Merced, Modesto, and Stockton. The approval of the Resolution will allow Chabin Concepts, Inc. to provide an update to the Ceres EDSP, which will outline and update the report through 2027.

II. FISCAL IMPACTS:

The cost of this update to the CEDSP is $45,50 0. These funds have been budgeted and allocated for this purpose in the current FY 2021- 22 budget authorized by City Council in June of 2021 in accounts 466.58.0299 and 469.59.0299. The authorization of this recommended update has no impact on the City’s General Fund.

III. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The recommendation and resolution falls within the scope of Goals and Strategies of the Ceres Strategic Plan.

IV. STEPS FOLLOWING APPROVAL:

Upon City Council approval, The City Manager will execute Chabin Concepts, Inc. proposal.

Approved by: ___________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Chabin Concepts, Inc. proposal to update Ceres Economic Development Strategic Plan
ITEM 12

RESOLUTION NO. 2022-XX

APPROVING AN UPDATE TO THE CERES ECONOMIC DEVELOPMENT
STRATEGIC PLAN TO BE COMPLETED BY CHABIN CONCEPTS, INC.

THE CITY COUNCIL
City of Ceres

WHEREAS, in 2013, the City completed the City of Ceres Economic Development Strategic Plan (CEDSP); and

WHEREAS, the CEDSP covered the years 2013-2020 and identified key strategic initiatives including Effective Economic Development Implementation and Marketing Programs; and

WHEREAS, as of the end of 2020, the CEDSP needed to be updated; and

WHEREAS, in June 2021, City Council authorized FY 2021-22 budget in accounts 466.58.0299 and 469.59.0299 to authorize an update to the CEDSP; and

WHEREAS, three (3) proposal s have been received by the Ceres Economic Development Department, and Chabin Concepts, Inc. was the most impressive, and staff recommends City Council to approve; and

WHEREAS, the update by Chabin Concepts, Inc. will update the CEDSP report through 2027.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby approve an update to the Ceres Economic Development Strategic Plan to be completed by Chabin Concepts, Inc. and further authorizes the City Manager to execute the Agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

____________________________
Javier Lopez, Mayor

ATTEST:

_____________________________________
Kellie E. Weaver, Interim City Clerk
ITEM 12
ITEM 12

AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES
Chabin Concepts . Agreement for Services with City of Ceres - Page 1 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into in the County of Butte State of California by and between CITY OF CERES (“Client”) and Chabin Concepts, Inc., ("Chabin"), a California corporation.

WHEREAS, Client desires to engage Chabin to perform certain technical and professional services and identified as:

City of Ceres Economic Development Strategy Update performing a work scope as outline in a proposal for services dated June 3, 2022 and attached as Exhibit A.

WHEREAS, the principals of Chabin are fully qualified and desire to accept such engagement; NOW, THEREFORE, the parties agree as follows:

I. Parties and Representatives of this Agreement
The parties to and representatives of the parties who are primarily responsible for the administration of this agreement and to whom formal notices, demands, and communications shall be given are as follows:

A. City of Ceres Phone: 209-538-5751
2220 Magnolia Street Email: [email protected] Ceres, CA 95307
B. Audrey Taylor, President Phone: 530-345-0364
Chabin Concepts, Inc. Email: [email protected]
2515 Ceanothus Avenue, Suite 100
Chico, CA 95973-0991
Federal Tax I.D. 68-0190084
Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be affected by personal delivery or by first-class, postage-prepaid mail.

If the name of the principal representative designated to receive notices, demands, or communications or the address of such person is changed; written notice shall be given within ten working days of said change.

II. Term of Contract
This agreement shall be effective as of July 1, 2022 (the “Effective Date”) and shall continue until January 31, 2023 unless terminated by either party as outlined Section VI: "Termination." III. Description of Services
The Client hereby engages Chabin and Chabin accepts such engagement to update the city’s existing 2013 Economic Development Strategy. Exhibit A, Proposal, outlines a detailed scope of work to update the 2013 Strategy and Appendix.

ITEM 12
Chabin Concepts . Agreement for Services with City of Ceres - Page 2

AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES
IV. Compensation
The Client shall pay to Chabin for all services performed pursuant to this Agreement an amount not to exceed $45,500 (dollars), forty-five thousand five hundred dollars. Optional services have been proposed that can be considered by the city and ordered at a later date.

The Client agrees that invoices are due and payable upon receipt and satisfactory completion of the invoiced task(s). According to Government Code 906, any invoices remaining unpaid after thirty days may be charged interest at the rate of 1.5 percent per month on the unpaid amount.

V. Indemnity and Insurance
Chabin shall indemnify, defend, and hold client harmless from any loss or damage suffered as a result of it's performance, or non-performance under this agreement, and maintain in effect appropriate levels of liability and workers' compensation insurance, General Liability: $2 million | Aggregate:
$4 million, Professional Liability: $2 million| Aggregate: $2 million; Automobile: $ 1 million combined single limit and
Workers Compensation per state requirements.

VI. Termination
Parties of this agreement may terminate this agreement at any time without cause by giving thirty (30) days written notice to second party of such termination and by specifying the effective date thereof. In the event this Agreement is terminated, the Client shall pay to Chabin an amount equal to the percentage of the task(s), satisfactorily completed, that Chabin is then currently undertaking.

VII. General Provisions
a. ENTIRE AGREEMENT. This Agreement, along with any and all exhibits, contains the entire agreement and understanding of the parties with respect to the s ubject matter of this Agreement, and merges and supersedes all prior agreements, discussions, and writings with respect to that subject matter. No modification or alteration o f this Agreement shall be effective unless made in writing and signed by both Parties.
b. SEVERABILITY. If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be found to be invalid, void, or unenforceable, the remaining provisions of this Agreement and any applicati on thereof shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. c. GOVERNING LAW. The laws of the State of California shall govern this agreement. This Agreement, along with any and all exhibits, contai ns the entire agreement and understanding of the parties with respect to the subject matter of this Agreement, and merges and supersedes all prior agreements, discussions, and w ritings with respect to that subject matter. No modification or alteration of this Agreement shall be effective unless made in writing and signed by both Parties.

ITEM 12

AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES
Chabin Concepts . Agreement for Services with City of Ceres - Page 3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and attested by their representative officers thereunto duly authorized. The Agreement documents constitute the entire Agreement between the parties hereto with respect to the matters covered thereby. All prior negotiations, representations and agreements with respect thereto not incorporated in such Agreement documents are hereby canceled. This agreement can be modified or amended only by a document duly executed on behalf of the parties hereto.

Date:

City of Ceres
Alex Terrazas, City Manager

Date:

Chabin Concepts, Inc.

Audrey E. Taylor, President

ITEM 12
Exhibit A
Proposal for Economic Development Services
City of Ceres
ITEM 12

2550 Lakewest Drive, Chico, CA 95928 I 530.345.0364 I www.chabinconcepts.com

June 2, 2022

Anthony Sims
Economic Development Manager
City of Ceres
2220 2nd Street
Ceres, CA 95307

RE: Request for Proposal, Update City of Ceres Economic Development Plan Thank you for including Chabin Concepts in your list of proposed vendors . Chabin has been working with cities throughout California and the valley since 1989 in creating and preparing economic development strategies, actions plans and key initiatives to drive economic growth in their communities . More recently, since the 2020 pandemic, our work has been focused on strategic actions to recover from the two plus years of pandemic and literal shut -down of some community’s economic centers.

We appreciate the opportunity for the City of Ceres to consider our proposal and review our qualifications to update the existing 2013 City of Ceres Economic Development Strategic Plan to an actionable roadmap for recovery and future growth.

Sincerely,

Audrey Taylor
President

ITEM 12

Proposal to
City of Ceres, CA
Economic Development Strategy Update
June 3, 2022
Submitted by:

Chabin Concepts, Inc.
2550 Lakewest Drive, Suite 10
Chico, CA 95928
530.345.0364 | www.chabinconcepts.com

ITEM 12

Proposal to City of Ceres | Economic Development Strategy | Table of Contents

CONTENTS
A. Statement of Understanding ........................................................................................ 1 B. Firm and Staffing Information ...................................................................................... 2 C. Capacity and Availability ............................................................................................... 4 D. Approach & Scope......................................................................................................... 5 E. Previous Project Experience & References ................................................................. 11 F. Fee and Timeline ......................................................................................................... 12 G. Appendix ..................................................................................................................... 13

ITEM 12

2022 Proposal to City of Ceres | Economic Development Strategy | Page 1 A. Statement of Understanding
Chabin Concepts has read and reviewed the City of Ceres RFP, the 2013 Economic Development Strategy and discussed with staff the objectives, outcomes and timeline of the proposed update.

The project is straightforward as an update of the 2013 Strategy and outlined as such in the proposed RFP Scope of Work. Items of importance to the city in preparing the update are noted here.
 Time is of the essence; focus is on updating strategy to an actionable plan.  Gain an understanding of the impact the pandemic has on the economy and local businesses.
 Use existing data, as available and pertinent; leverage current regional work being performed.
 Incorporate goals and objectives identified in the recently completed General Plan, 2018.  Use data from other city departments, such as, sales tax analysis and capital improvements.
 Connect with partners to understand their goals and objectives as they relate to City of Ceres.
 Identify key attraction and diversification opportunities.  Minimizing cost is a consideration, focus on implementation that is reasonable for execution based on goals and objectives, challenges, opportunities, funding and capacity.  Maximize use of collaboration and coordination tools to ensure effective communication and streamlined completion of the update.
 Participate in one workshop (TBD) and a final update presentation to City Council.

ITEM 12

2022 Proposal to City of Ceres | Economic Development Strategy | Page 2 B. Firm and Staffing Information
Chabin is organized with four key staff members and a network of affiliates who have worked together for over 25 years. We use a collaborative approach on every project. Unique to Chabin is our partners who bring specific expertise that adds value to the clients’ projects.

Our network consists of renowned professionals in community and program assessment, site location analysis, rural and urban planning, downtown development, marketing, economic
development tools, graphic design, and data analysis . For this project we would include DSG, an international site selector , to assess the city’s business location competitiveness.

Chabin will be the lead consultant for the City of Ceres economic development strategy update, responsible for contract
administration, project management and deliverables. Chabin’s corporate profile is included in the Appendix. The firms and professionals proposed for the City o f Ceres are outlined below; resumes are included in the Appendix.

B.1. Firm Profiles
CHABIN CONCEPTS, INC.
2550 Lakewest Drive, Ste 10 | Chico, California | 530.345.0364 | www.chabinconcepts.com Chabin, an economic development firm, has served national clients since 1989. We have had the privilege of serving over 350 communities including four state-level assignments in California, Washington, Oklahoma, and Oregon . Those assignments range from strategy and in itiative development to back -office economic development services —launching and implementing the plan. We have also assisted clients in receiving $89 million in grant investments and $26.6 million in CalCompetes tax credits awarded to California employers.

DSG ADVISORS INC.
122 N. Mantua Street | Kent, Ohio | 828.772.9374 | www.DSG-Advisors.com DSG Advisors is an industry leader in corporate location selection and economic development best practices. With more than 35 years of experience in the U.S. and international corporate consulting, DSG founder, Don Schjeldahl, is an expert in corporate location strategy, community, and site selection for manufacturing and specialized industrial facilities.

CHABIN AFFILIATE RESOURCES
The expertise of two other affiliates can be called upon. Thatch Moyle, Urban Scenarios, is our partner in creating property story maps for client’s websites . Dr. Robert Eyler, Economist, is our partner in analyzing the economic baseline and growth trends (budget dependent).

Long before COVID
forced remote workers
and virtual meetings,
Chabin and our network
of associate professionals
worked projects across
the nation and Canada.

Being early adopters of
collaborative tools made
this possible and helped
us to not miss a beat
when COVID impacted
the workplace.

ITEM 12

2022 Proposal to City of Ceres | Economic Development Strategy | Page 3 B.2. Personnel
Chabin Team resumes are included in the Appendix.

TEAM MEMBER EXPERTISE
Audrey Taylor
Chabin Concepts
 42 years in marketing, economic and community development  Strategic initiatives and economic development roadmaps  Competitive assessments, positioning and sector strategies  Facilitation and capacity building
Vicki Doll
Chabin Concepts
 36 years in economic development
 Competitive and organization assessment
 Economic development tools
 Industrial and retail strategies and implementation plans  Program and best practices research
Lindy Hoppough
Chabin Concepts
 35 years in economic development
 Business-to-business communications, copywriting
 Graphic design and publishing
 Web content development and usability
Don Schjeldahl
DSG Advisors
 35 years in corporate and property location selection for manufacturing, logistics and distribution, aviation, food processing  Infrastructure capacity, property due diligence, cost and risk analysis, Incentive negotiation, labor market analysis

ITEM 12

2022 Proposal to City of Ceres | Economic Development Strategy | Page 4 C. Capacity and Availability
Chabin has three professional staff working on client projects along with key affiliates . The City of Ceres’ timeline for completion, six months with delivery in December 2022 , is sufficient time for staff and affiliates to begin and complete assignment if work is authorized and contracts completed by July 5, 2022.

Given the project is an update and primary work will be coordinated with city staff, Chabin should be able to conduct Phase I of the project (Discovery and Background) within six weeks and move quickly to Phase II and Phase III. Both Audrey Taylor and Vicki Doll would be assigned to the project.

Chabin’s current workload includes a strategy implementation in Butte County, a CEDS update for the Central Sierra Region, and on -going work with the California community college’s North Far North Regional C onsortium. Each of these projects also invo lves affiliates who are doing considerable portions of the project work. Chabin also commits 10 % to 15% of their time to volunteer projects.

Chabin offices are in Chico, CA (160 miles from the City of Ceres). Chabin has worked with several clients in the Central Valley e.g., Fresno, Merced, Atwater, Modesto and Stockton . Travel has been an advantage in serving these clients. We can typically accommodate a request to be on - site within two days.

ITEM 12

2022 Proposal to City of Ceres | Economic Development Strategy | Page 5 D. Approach and Scope
D.1. Chabin Project Approach
A key to any community’s success is its readiness and ability to understand the key economic business drivers of emerging, growth and legacy industries . Critical to economic success is the ability to respond to the needs, issues, and opportunities of those sector s in order to grow the economy from within while being attractive to new sector investment.

We use a three -phase strategic planning approach to devise initiatives that focus on opportunities. The benefit to using this type of approach is that goals, objectives, strategies, and activities are aligned into a cohesive multi-year economic development plan that has community support and commitment to moving forward.

D.2. Scope of Work
The city has defined in their RFP and during our review that the project objective is to update the current plan which consists of the strategy and nine appendices.

The Chabin team will focus work efforts on these updates with the understanding that the key deliverable is an implementation plan that outlines a prioritization of short -term and long -term implementation actions, the timing, anticipated cost, possible funding sources and a lead or champion for each implementation action.

We will leverage existing work being done at the regional level for the background update when possible. We will also use the 2018 General Plan for updating strategy goals, objectives and actions so the Economic Development Strategy is in alignment with the General Plan.

The following work activities follow the appendices and strategy as outlined in the RFP.

Phase 1. Where are
we now?

2. Where do we
want to be?

3. How will we
get there?
Activities Sets the benchmark and
understanding of challenges,
engages the community and
identifies opportunities
Goals and expected
outcomes are
defined
Strategies are determined and an
action plan is created that
includes roles, responsibilities
and performance metrics
ITEM 12

2022 Proposal to City of Ceres | Economic Development Strategy | Page 6 PHASE I — PROJECT INITIATION
Objective: Confirm organizational goals, objectives, deliverables, and schedules A video conference will be scheduled with the Chabin Team and the City of Ceres staff and stakeholders as soon as all contract paperwork is completed. During the call we will:
 Confirm any changes to scope of work, timeline, or deliverables  Confirm goals and objectives in General Plan
 Agree on a schedule for team calls, status updates, and other administrative items  Review Chabin’s project web-based portal, Base Camp for managing project (Consultant and City)
 Confirm availability of recently completed reports, studies, or other relevant materials for our review
 Set aside potential dates for site visit and discuss our typical agenda (on-site visit)  Begin a list elected officials and community stakeholders that should be contacted for a telephone interview prior to the site visit
 Introduction to consultant team working on Regional Strategy and any key organizations  Address any capital or development projects underway or pending  Determine dates for on-site workshop (if needed and schedule with on-site tour) and council presentation.

PHASE II — APPENDIX UPDATES
Per the RFP, each appendix will be reviewed and update d as a separate task or document.

Throughout these updates the consulting team will work directly with staff and upon completion will hold a virtual meeting via Zoom to review the document and findings of each. These become working papers for the final strategy.

Appendix A: SWOT Analysis
Objective: Update the city’s Assets, Opportunities, and Challenges and understand the city’s economic development readiness
 Interview staff to determine what has been completed (and not) in the 2013 Strategy to understand why some things may not have moved forward, what is still relevant, what funding is committed to economic development, and staff’s current workload.  Interview stakeholders, as needed, on the broader issues such as, business climate, existing initiatives and specific plans (to inform the SWOT).  Obtain key economic data, analyze updated data, set benchline.  Facilitate a mock site selection visit. Two or more Chabin Team members will spend two to three days in the City of Ceres. The visit will be led by Don Schjeldahl, an experienced site selector with knowledge of the Central Valley and the industries of interest. Don will ITEM 12

2022 Proposal to City of Ceres | Economic Development Strategy | Page 7 conduct a multi-pronged assessment of the area based on the high standards of corporate site selectors. This is a rigorous, participatory process which involves a field investigation of priority industrial sites and buildings, transportation networks, utility services and costs, permitting and regulatory processes, and workforce—all the factors that are considered for business investment.
 During this visit the Chabin Team will visit economic centers e.g., downtown and key retail centers, to understand current local market, activities, and goals.

Deliverable:
 Following the tour, the Chabin Team will hold a debriefing work session with city staff  Revised SWOT including site consultant recommendations Appendix B: Market Opportunity Analysis
 No formal update is requested in the RFP; however, the consulting firm will review the market analysis and discuss with city’s economic development staff to identify any major changes and potential opportunities.

Appendix C: Infrastructure Analysis
 This appendix was part of the original strategy for a specific purpose at that time. Given the city has planned infrastructure expansions and upgrades included in other city documents such as the General Plan, capital improvements plans and budgets, those will be reviewed and discussed with staff.
 The site selector tour proposed during Appendix A Update will review infrastructure capacity and capability focused on the economic centers, i.e., business parks and lands.

An assessment or recommendations for upgrades would be discussed with staff and in the final plan.

Appendix D: Fiscal Analysis
 The City’s budgeting and General Plan process has sufficiently addressed the its fiscal health and there is no need to update this for the economic development strategy or implementation, the focus of the strategy update.

Appendix E: Economic Development Tools
Objective: Inventory the existing economic development tools and programs to identify any gaps.  Discuss with economic development staff the existing suite of tools and programs, use and effectiveness including website, sales tax analysis, impact reports, marketing materials, business retention schedule, incentive programs, partnerships with workforce development, education, chamber, and other organizations.  Throughout the completion of all proposed tasks, the consulting team will note new programs and tools that could benefit the local businesses or the economic development department in the implementation of the new economic development plan.  Recommendations will be included in the final plan.

ITEM 12

2022 Proposal to City of Ceres | Economic Development Strategy | Page 8 Appendix F: Marketing Plan Audit
Objective: Provide the city economic development department with strategies and tactics for industrial, commercial, and retail business development.

Activities:
 Review with staff current marketing activities, tactics, results, marketing materials, messages, and budget.
 Review city’s participation and potential for regional marketing partnerships.  Review city’s relationship with industrial and commercial brokers.  Confirm or recommend target industries for business investment.  Marketing activities and recommendations will be included in the final plan.

Appendix G: Foundational Funding Information
 This appendix of the original 2013 Strategy, appears to be a “point in time” list of foundations to which applications could be submitted for potential funding. The grant funding world has changed considerably and would not be relevant in today’s work.  Instead of a separate update, as part of the final economic development strategy the consulting team will include potential funding sources that would be available to support the recommended activities and sources that assist with site locations and expansions.

Appendix H: Economic Development Program Budget
 As with Appendix G, a separate appendix or update is not needed. The consulting team will review with staff existing economic development funding for the department, specific programs and incentives, and will identify if it is in line with 2013 recommendations with an annual increase to accommodate for growth of the program.  As part of the final economic development strategy the consulting team will include estimated costs for the strategies and recommended activities.

PHASE III — ECONOMIC DEVELOPMENT STRATEGY UPDATE
Objective: Develop strategies and a plan of activities to guide the City of Ceres’ economic development department in achieving the City’s goals and vision, strengthening opportunities for new business investment, and improve overall economic development readiness.  Building on the 2013-2020 plan and the consulting team’s findings throughout the update and site visit, the Chabin Team will draw on our 30+ years of experience to identify the most effective economic development strategies for the City of Ceres. Starting with the initial strategies identified during our site visit, we will further discuss options with city staff and refine the strategies and elaborate on the action items.  Consulting team will update the 2013 Economic Development goals, objectives, and tactics to be in alignment with 2018 General Plan and will update findings, conclusions, and recommendations to those specific for the strategy update.

ITEM 12

2022 Proposal to City of Ceres | Economic Development Strategy | Page 9  Given the volatility of the economy over the last few years and into the foreseeable future, we would recommend this be a three-year Economic Development Strategy update with annual reviews, annual action updates, and an overall update in year three which can be completed by staff.

Deliverable:
 2023-2025 Economic Development Action Plan for the City of Ceres which includes an implementation plan and performance metrics (samples are included in the Appendix)  Executive summary handout (samples are included in the Appendix)  Presentation
D.3. Optional Services
There are two items we feel would be beneficial to the City of Ceres update but given the city has a limited budget for the update, which is extensive, we are not able to include them in the scope until we are able to fully assess the exten t and depth of work in the update. As we proceed and complete the SWOT, we will have a better understanding of the budget allocation to the remaining appendix updates and the strategy and implementation plan. We have included the cost of these services in the proposed budget as Optional.

STORY MAP
StoryMap is a web -based tool
developed by ERSI. Our affiliate,
Thatch Moyle, uses Story Map to
create business property maps for
communities. Property databases are
extremely hard to maintain and keep
updated. Most perspective
businesses are initially seeking to
understand a market and the
business economic centers —retail,
commercial, industrial parks—
something most property inventories do not tell the client. Brokers and LoopNet do an excellent job with available properties and can be linked in a city’s StoryMap.

Using the City and/or Stanislaus County GIS data (parcels, roads, jurisdictional boundaries), Urban Scenarios will create an ESRI StoryMap with narrative text, graphics, maps, and links to existing Ceres reports (Zoning Ordinance, General Plan, Specific Plans, etc.) to showcase industrial parks and industrial zoned parcels, as well as the Ceres Downtown Revitalization Area (CDRA). Existing properties for sale or lease can be highlighted using LoopNet and broker websites to identify current listings. Working with city staff we will also identify and profile any opportunity sites on the StoryMap. See https://www.beniciabusiness.com/properties for a sample StoryMap created and maintained by Urban Scenarios and Chabin Concepts.

ITEM 12

2022 Proposal to City of Ceres | Economic Development Strategy | Page 10

ECONOMIC RECOVERY ANALYSIS
Chabin Team members have been actively engaged in helping communities understand how COVID-19 has and continues to impact them, the business community, housing, downtowns, tourism, and resources. Chabin and Rob Eyler, PhD host the Ask the Economist webinars which were started in March 2020 to provide key data and information on the impacts the pandemic is having on the economies and industries (https://www.chabinconcepts.com/news).

If not available, Dr. Eyler can provide a
baseline analysis of existing conditions
pre-COVID to date on key economic
indicators. This helps to identify key
metrics to track that are important to the
city. These can also be develo ped into a
dashboard for easy updating.

ITEM 12

2022 Proposal to City of Ceres | Economic Development Strategy | Page 11 E. Previous Project Experience
and References
Below are three project references, additional can be provided. In addition to the projects summarized here, the Appendix includes Profiles or Executive Summaries for several relevant projects.

City of Fairfield . Although a much larger project than the City of Ceres, the Fairfield economic strategy update focused on place development for key economic centers —the Heart of Fairfield (downtown) and the industrial parks . The project included extensive site analysis an d business interviews in the industrial sector. A deliverable was a Business Park StoryMap and target marketing and business attraction campaigns . This has been included as the sample requested in the RFP.

Key staff has moved from Fairfield to Modesto:

Jorge Barrera, J.D. ED Manager, City of Modesto
209.571.5179 [email protected]

3CORE. 3CORE is an EDA-designated economic development
district consisting of Butte, Glenn, and Tehama Counties. Chabin updated their five -year economic development plan . We interviewed and took input from over 150 stakeholders to identify priority actions for implementation to achieve recovery from the pandemic by 2024—which means creation of over 4,000 jobs and rebuilding of $2 billion in Regional Domestic Product (RDP). Project focused on foundational actions with workforce development, industry sector strategies , transformational and aspirational actions. This is an on -going project as Chabin assists with implementation, funding provided by the North Valley Community Foundation.

Patty Hess, 3CORE (EDA District)
530.893.8732 x203 [email protected]

City of Merced . The City of Merced has been a long -time client, from strategy development to specific projects —industrial lands inventory and analysis, high speed rail maintenance facility proposal, and marketing. Our work continues today as on- call economic development staff.

Frank Quintero, Deputy City Manager, City of Merced
209.385.4788 [email protected]

"I am very passionate about my
work and prefer to work with
people who are as passionate as I
am about economic development.

One of the very best I’ve ever
worked with is Audrey Taylor.

Audrey, and her team at Chabin
Concepts, have assisted me on a
wide array of tough assignments:
organizing meetings, research,
reporting, development of the
CalFOR manual and pulling
together disparate stakeholders
and much more.

She always gets the job done and
is a fantastic team player…by far
one of the most respected
consultants in rural economic
development."
Dr. Glenda Humiston
Vice President, Agriculture &
Natural Resources, University of
California, Berkeley
former State Director
USDA Rural Development

ITEM 12

2022 Proposal to City of Ceres | Economic Development Strategy | Page 12 F. Fee and Timeline

TASK BUDGET JUL AUG SEP OCT NOV DEC
Project management     
Phase I – Project Kick-Off $2,500 
Phase II – Appendix Updates  
On-Site Field Investigation (2-3 days) $20,000 
SWOT Completion & Review 
Work Session (tentative) 
Economic Development Tools,
Marketing Plan Audit, Funding

Phase III – Economic Development
Strategy
$20,000 
Staff Review 
Presentation to Council 
Travel – On-site visit and work session;
Council presentation
$3,000  
TOTAL PROJECT BUDGET $45,500
Option: City of Ceres Story Map $6,600
Option: Economic Baseline Analysis $2,720

BUDGET AND TIMELINE NOTES
 Services will be invoiced monthly throughout the term of the project coinciding with the project tasks and level of work accomplished during the period.  Project-related direct expenses are included in the proposed budget. They include but are not limited to travel costs, copying and printing, packaging materials, telephone, postage, and shipping.
 Budget is planned to accommodate one multi-day trip to the City of Ceres by two or more professionals, one work session and one council presentation. These all assume overnight stays.

Additional travel requested would be billed separately beyond this scope at cost (mileage/gas, hotel if needed, and hours on site at $200/hour, travel time at $75/hour.  Electronic draft reports will be made available in PDF for client review. Budget provides for one review/comment period and one revision.
 One electronic final report will be provided in PDF, emailed and thumb drive and will include an Executive Summary, appendix, and other relevant materials. No printed copies will be delivered.

ITEM 12

2022 Proposal to City of Ceres | Economic Development Strategy | Page 13 G. Appendix

1. Chabin Concepts Corporate Profile

2. Team Resumes

3. Sample Implementation Plan

4. Executive Summaries

5. Sample Project: City of Fairfield Economic Development Strategy

ITEM 12
Appendix 1
Chabin Concepts Corporate Profile
ITEM 12

Chabin Concepts, Inc. Corporate Profile
Core Competency Providing realistic, achievable, and measurable actions for strategic plans, creative marketing, and economic development program implementation Core Services Strategic Plans and Implementation Guides for Economic and Workforce Development, Business Attraction, Business Retention, Downtown and Retail Development, and Marketing. We also provide back-office staff assistance for a limited number of economic development departments.

Office Location 2550 Lakewest Drive, Suite 10 | Chico, CA 95928 Contact Audrey Taylor
530.345.0364 ext. 27
[email protected]
Vicki Doll
530.345.0364 ext. 26
[email protected]
Employer I.D. Federal 68-0190084 | California 363-3366-4 Incorporated State of California, June 1989
Primary Business Economic development and marketing consulting services Insurance General Liability: $2 million | Aggregate: $4 million Professional Liability: $2 million| Aggregate: $2 million Automobile: $ 1 million combined single limit
Workers Compensation per state requirements
Organization Capacity 2 Economic Development Professionals, 1 Graphic Designer, 1 Comptroller Nondiscrimination Policy

It is Chabin Concepts’ policy to be fair and equitable in relations with its employees and applicants. Recruitment, hiring, placements, transfers and promotions will be made solely on the basis of individual qualifications for the positions being filled, and all other personnel actions such as compensation, benefits, layoffs, returns from layoffs, family care leave, terminations, education and training, and any other programs are also to be administered regardless of race, color, religion, ancestry, national origin, age (over 40), sex, sexual orientation, marital status, political affiliation, veterans’ status, disabilities (physical and mental), and medical condition (including cancer and HIV status).

Chabin Concepts is committed to the concept of equal employment opportunity as a necessary element of operating the business including subcontract agreements as well as staff employees. All persons shall be afforded equal access to positions limited only by their ability to do the job.

Additionally, employment efforts will focus on establishing and maintaining a diverse work force reflective of the relevant labor market areas.

Certified Small Business

Chabin Concepts, Inc. is designated a California Certified Small Business (SB) by the Department of General Services, Supplier # 1736380. Certificate is valid to 11-30-23.

ITEM 12
Appendix 2
Resumes:

Audrey Taylor
Vicki Doll
Lindy Hoppough
Don Schjeldahl

ITEM 12

Economic Development Experience
42 years in marketing, economic and community development 32 years with Chabin, 10 years with economic development corporations Since 1989, Audrey has led Chabin Concepts to be one of the leading full- service economic development firms in the nation. Success has been built on her philosophy of collaboration and bringing each client the best expertise and experience available by organizing Chabin Teams to work with clients.

Not only has she assisted communities, regions, and states with strategic planning, she has successfully prepared over $89.6 million in grant applications for clients and private companies—including the first rice straw based MDF plant in the world. Her portfolio of work is diverse and includes working directly with companies to access incentives to assisting communities with roadmaps that lead to results.

Audrey is a frequent speaker and instructor on economic development, workforce, and community readiness. She was appointed to the Workforce Development Board by five California Governors and participated in many committees and commissions from rural development to jobs initiatives.

She was best described upon receiving CALED’s prestigious Golden Bear Award “for her vision, drive, enthusiasm, creativity, and commitment to the economic development profession.”
Expertise
Strategic Initiatives
Economic Development Roadmaps
Community and Organizational Assessment
Marketing and Sector Strategies
Facilitation
Capacity Building

Education
California State University, Chico, B.S., Business Administration (Marketing) Economic Development Finance Professional
Economic Development Training Certificates, IDRC and CoreNet

Select Projects
North Far North Regional
Plan (California Community
Colleges)
Moving Solano Forward
Strategy (Solano County)
Economic Development
Strategy; Winner of
America’s Best Community
Award! (Lake Havasua AZ)
Lead Development, High
Speed Rail Facility (City of
Merced, CA)
Market Assessment (Grand
Junction, CO)
Opportunity Analysis
(Fresno, CA)
BioMass Project USDA
(Davis, CA)
NoRTEC Regional
Workforce Development
(Chico, CA)
Community Technical
Assistance (Oklahoma City
Partnership)
Comparative Location
Indicators & Marketing
Strategy (Shenandoah
Valley Partnership,
Harrisonburg, VA)
Action Plan and On-Call
Services (City of Benicia CA)
Private Sector:
 3M
 Roplast Industries
 Graphic Packaging
International
 CalPlant I
 Lundberg Family Farms
 Air Spray USA
 Entreka Building

Audrey Taylor | Chabin Concepts, Inc.

[email protected]
Tel: 530.345.0364 ext. 27 | Cell: 530.520.2521
Audrey sees the bigger picture. She can toss
out ten new ideas in five minutes. Her team’s
job is to capture them before they disappear
into the ether.

ITEM 12

Recent Portfolio
North Far North Regional
Consortium Community
College Districts’ Strong
Workforce Plan (2016-
current)
Canon City, CO Market and
Industry Opportunities
(2021-22)
Amador County, CA
Comprehensive Economic
Development Strategy (2021)
Hannibal, MO Economic
Development Plan (2021)
St. Joseph, MO Regional
Development Opportunities
(2020)
Kingman, AZ Economic
Development Strategy (2019)
Economic Center Profiles and
Action Plan, City of Martinez
CA (2018-2019)
Regional Workforce
Development Analysis and
Strategy, West Valley AZ
(2017-18)
Economic Diversification
Plan, East Kern County CA
(2017)
Los Banos, CA Industrial Site
Profile and Marketing (2017-
current)
Downtown Revitalization
Plan, Hillsboro OR (2017)
Tactical Marketing Plan,
Klamath Falls Downtown OR
(2015)
EDA Comprehensive
Economic Development
Stratgies and Annual Reports
(2009-2022)

Vicki Doll | Chabin Concepts, Inc.

[email protected]
Tel: 530.345.0364 ext. 26 | Cell: 530.520.3150
Vicki has a practical nature, honed from being
a small business owner and working in an ED
organization which ensures your strategy is
not only creative but eminently doable.

Economic Development Experience
30 years with Chabin Concepts
Six years with nonprofit county economic development corporations Vicki’s range of experience includes having been a small business owner herself and founding and managing a nonprofit. She has lived in both major urban cities and small, rural communities.

During her years in economic development, she has written and implemented business retention and attraction strategies for industrial and retail/commercial markets, conducted feasibility studies, community assessments, industry and retail research and cluster analysis.

Vicki is also the lead contact for Chabin partners’ tools for marketing and economic development which include:

Economic Impact Analyses
Metro Comp (operating cost comparison)
Project Websites
ArcGIS StoryMap
eImpact (economic dashboard)
ExecutivePulse (business retention)
Education
California State University, Chico B.S., Business Administration with an emphasis on Strategic Management
Expertise
 Competitive Assessment
 Data Collection and Analysis
 Site and Building Documentation
 Stakeholder Interviews
 Strategies and Implementation Plans
 Program and Best Practices Research
 Economic Development Tools
 Entrepreneurial and Downtown Development Strategies
 Industrial Development Strategies
ITEM 12

Professional Experience
With a background encompassing graphic design, writing, and web development, Lindy spreads her time between creating business-to- business communications, punching up marketing copy and preparing web content. Under those broad categories, her flexible skills may be applied to data analysis, keyword development, image editing, map creation, copywriting and editing. She loves to learn and apply a variety of technologies, including extensive work in Adobe InDesign, Photoshop, Wix, and Squarespace.

She has worked in the economic development field since 1987. Her portfolio includes websites, business cases, retail market pieces and print ads for communities throughout the country.

Lindy strives to approach all projects armed with complete information. To that end, she devised and conducted a website user study for economic development (Apex Award winner); co-wrote So You Want to Make a Company's Short List, Huh?, a data collection guide for business attraction; and contributed a chapter to Journey to Jobs, an economic development how-to guide.

Expertise
Written communication
Copywriting and business-to-business communication
Graphic design, printing, and publishing
Web content development and usability
College-level instruction
Operating a design business (sole proprietor)

Education
M.A., Instructional Technology, CSU, Chico; 1992;
B.S., Graphic Communication, Cal Poly, San Luis Obispo, 1982

Selected Projects
Benicia, CA –annual report;
website admin
City of Merced, CA –
website creation and content
management (COVID-19 and
ED sites); print materials
Fresno EDC –
report, maps, infographic
RE3vision –
naming strategy, messaging,
website, design
City of Morro Bay, CA –
executive summary
West Virginia Craft Beverage
Trail–report design
Wilsonville, OR – retail
marketing sheet
Suisun City, CA –
fact sheet
Los Banos, CA –
website creation: retail
recruitment package
Choose Chico, CA –
data book and web content
TeamCalifornia –
advertising and event
support
Butte County, CA –
entrepreneur plan
Lindy Hoppough | Chabin Concepts, Inc.

[email protected]
Tel: 530.345.0364 ext. 24
Lindy takes our complex notions and
translates them into understandable pieces
that are easily read and graphically appealing.

ITEM 12
Don Schjeldahl, DSG Advisors
Company founder Don Schjel dahl is a leading
expert in corporate location strateg ies,
community, and property selection for
manufacturing and specialized industrial
facilities.

Don spent nearly 30 years as Director and V ice
President of Austin Consulting’s Location Practice
where he completed more than 300 client
location assignment s for manufacturing plants, distribution centers, aviation facilities, research and development centers, newspaper plants, broadcast studios and information processing centers.

Don is a founding member of the Site Selectors Guild and of the CompetitiveReady consulting consortium . He is a frequent presenter at professional meetings and contributor to industry -specific publications and location selection journals including Area Development, Business Facilities, Site Selection, and Solar Industry.

Experience: 35 years of experience in developing and
implementing corporate location strategies and
site selection for commercial and industrial clients
and business recruitment for economic
development
Expertise: Evaluating labor markets, supply chain, real estate, infrastructure capacity, community attributes, tax
structure, incentive programs, costs, and risks
Urban centers and rural areas throughout the
United States, Canada, Mexico, United Kingdom
and Europe
Mature and emerging industries in technology,
manufacturing, distribution, aviation, R&D, print
and broadcast media, and information processing
Education: B.A. Urban Geography, University of Minnesota.

M.A. Economic Geography, Wayne State
University.

Publications
“Food Industry Investment
Patterns” (Expansion
Management Magazine)
“Sustainability: The
Invisible Hand Shapes Next
Generation Location
Selection” (Area
Development Magazine)
“When Making Location
Decisions it’s Time to
Rethink Energy” (Trade
and Industry Development
Magazine)
“Renewable Energy
Coming of Age” (Expansion
Solutions Magazine)
"Location Matters in the
Age of Sustainability"
(Trade and Industry
Development Magazine)
“Capturing Market Share
via Strategic Plant
Locations” (Solar Industry
Magazine)

Speaking Engagements
Reinvesting in American
Manufacturing (Houston)
GSA Energy Summit (South
Carolina)
Indiana Economic
Development Association

ITEM 12
Appendix 3
Sample Implementation Tool built
with MS Excel
ITEM 12
SAMPLE ECONOMIC DEVELOPMENT IMPLEMENTATION MANAGE 5/31/2022 STATUS PRIORITY START TASK # TASK / ACTIVITY LEAD % DONE NOTES BUDGET STATUS KEY
MANAGE E.D. PLAN Not Started
Complete High 1 Present report to City Council (30 days) In Progress In Progress 2
Meet with city, county, and state partners to present the plan, garner participation, commitment, and buy in on vision, value propositions, activities (30 days)
Complete
In Progress High 3 Establish a quarterly reporting schedule and method (in person, e-conference, email) (30 days) On Hold
On Hold 4 Schedule annual presentations to council, supervisors, and partner organizations on implementation status (30 days) Overdue In Progress 5 Build out the Implementation Guide with timeline, lead, budget, etc. (90+ days)

REAL ESTATE PRIORITY
KEY
6 Switch City’s online property database to LocationOne account (30 days) High
7 Confirm property owners’ desire to sell or develop (all sites) (30 days) Medium
8 Determine city interest in annexing any property (90 days) Low 9 Prioritize properties for development and marketing (30 days) N/A 10 Prepare comprehensive profiles of properties for LocationOne, marketing, and proposal responses (all sites) (60 days); conditions of utilities, soils, environmental work
11 Document status of environmental work (all sites), (Year 1) 12 Document activities at airport that may impact development or operations (Site F), (Year 1)
13 Maintain the inventory of available (on the market) properties and buildings, continue to collect property data for profiles, and keep LOIS posting current (ongoing)
14 Prepare plans and timeline for completing infrastructure improvements to priority properties and buildings (all sites) (Year 1)
15 Identify scenarios for possible development site plan (Site D) 16 Determine desired design controls for each site based on preferred or recommended users: building materials,
landscaping, signage, lighting, and setbacks; prepare visuals (all sites) (Year 1)
17 Put in place zoning codes and/or covenants to prohibit development that could deliver unwanted elements to
neighboring properties (all sites) (TBD)
18 Improve flow and pressure of city’s water distribution network (TBD)
ITEM 12
SAMPLE ECONOMIC DEVELOPMENT IMPLEMENTATION MANAGE 5/31/2022 STATUS PRIORITY START TASK # TASK / ACTIVITY LEAD % DONE NOTES BUDGET STATUS KEY
19 Identify second and third floor downtown space that aligns with the needs of start-ups and help them get established (90- 120 days); prepare building profile, floor plans, interior and exterior photos (Site C) (Year 1)
20 Identify vacant buildings that can be repurposed for light industrial business operations and assist in securing the space make ready for occupancy (90-120 days)

MARKETING MATERIALS / DATA
21 Document proof points for value propositions and incorporate into marketing and messaging (60 days)
22 Share value propositions and proof points with stakeholders and encourage they adopt into their marketing and messaging (60 days)
23 Establish an economic development website that contains current data that is necessary for marketing and proposal response (establish site first 90 days, populate and update is an ongoing activity)
24 Subscribe to eImpact for website’s demographic and economic data (60 days)
25 Map the speed and reliability of broadband throughout the city/county (TBD)
26 With downtown improvement plans completed, begin
marketing to retailers that will provide more diversity in downtown (TBD) while moving image from the
cowboy/mining culture towards technology and diversity

BUSINESS CLIMATE
27 Establish a collaborative business outreach program with economic and workforce development partners for hiring, training, financing, expansions, etc. (90-120 days)
28 Track down the basis for the “unfriendly to business” attitude and make corrections (90+ days)
29 Lead internal marketing efforts to improve consensus on community vision, growth, and goals (Year 1)

DOWNTOWN / VISITOR MARKET
30 Find a way to connect to river (TBD)
31 Design and implement a plan for wayfinding, streetscaping, traffic calming, parking, façade improvements, and tenant mix 32 Increase participation in façade improvements (Year 1)

HOUSING
33 Identify lots throughout the city for infill workforce housing (90-120 days)
34 Market to and work with developers to prepare sites for housing developments (ongoing)
ITEM 12
Appendix 4
Four-Page Executive Summaries:

City of Kingman, AZ
City of Martinez, CA
Lake Havasu, AZ
ITEM 12

LAUNCH SCHEDULE (Related Strategy)
30 DAYS 60 DAYS 90 DAYS 120 DAYS
Adopt the E.D. Plan, vision
and goals (1)
Confirm commitment
from groups suggested as
Lead for each strategy (2)
Formally recognize and
empower Lead and Action
Teams to implement (2)
Begin promoting the plan,
Action Teams, and
implementation timeline
to community (2)
Promote the opportunities
for community
involvement, committees,
volunteers (3)
Schedule status updates
from each Action Team as
regular agenda item on
ED/T Commission (2)
Establish a Funding
Resources Team (2)
Begin visiting traded
sector employers (9)
Begin visiting retail sector
employers (16)
Identify currently available
retail/commercial sites
and begin assessment
process (14)
Action Teams submit
timelines, milestones,
meeting schedule, etc. (as
appropriate) to Council (2)
Promote plan
accomplishments to date
via City’s new e-
Newsletter and Strategy
section on website (3)
Schedule 2019 dates for
Coffee with the Council (3)
Budget for an expanded
economic development
staff and activities (10)
Establish contact list to
begin outreach to brokers
(15)
Begin work on establishing
Hospitality Training (22)

PERFORMANCE METRICS
New public investment in the Kingman Industrial Park ($) New private investment by traded sector businesses ($)
New inquiries / prospects for industrial development (#) Market-ready industrial sites (acres)
Jobs in the traded sector (#)
Median household income ($)
Households in poverty (%)
Retailers visited (#)
Retail space occupancy (%)
Public investment in commercial property improvements ($) Private investment in commercial property improvements ($) Retail sales tax revenue to City ($)
Funding committed for Main Street organization ($)
Hotel occupancy tax revenues ($)
Website and social media visits (#)
Media coverage (column inches)
Tour bus stops (#)
Event/Destination attendance (#)
Visitors at key attractions (#)

Contact:

Gary Kellogg | 928.565.1259 | [email protected] Bennett Bratley | 928.565.1416 | [email protected]

CITY OF KINGMAN, AZ
2019 ECONOMIC DEVELOPMENT STRATEGY

PREPARING KINGMAN FOR ECONOMIC VITALITY
GOALS
 Sustained funding that supports a collaborative and aggressive economic development program
 A well-educated workforce and talent pipeline with the skills today’s and tomorrow’s employers need
 A diverse employment base made up of employers that pay well, thereby reducing poverty in Kingman
 An energetic entrepreneurial culture
 A successful downtown that serves as a hub for the arts, entertainment, and community activities
 A community where people want to live, and visitors want to return  Recognition of Kingman as the center of outdoor recreation in Northern Arizona

The City of Kingman has three distinct industry sectors driving its economy.
 The traded sector are those businesses that provide goods and services to customers outside of the region; they export goods and import dollars. Typically, they are part of an industry supply chain, a producer or supplier. Businesses in the traded sector provide the highest economic impact to a community.
 The population-serving sector is made up of businesses that provide goods and services to residents, e.g. medical care, groceries. Because it is a circulation of the same dollars (earned and spent), the economic impact of these businesses is much smaller than those in the traded sector, but very important to the local economy and quality of life.
 The visitor-serving market consists of venues and businesses that attract or serve visitors to the community; e.g. hotels, destination attractions. For Kingman, visitor spending could be substantial in boosting the local economy and supporting local businesses. The economic impact of this sector is increased when visitors stay longer and spend more.

Each sector has a unique and important role to play in Kingman’s economic future. Many of the economic development strategies, activities and priorities of these economic sectors overlap and are complementary. Specific activities, expected outcomes, timelines and lead organizations are prepared for each.

ITEM 12

Population-Serving and Downtown Strategies

14. Prioritize currently available commercial sites and buildings for near -term retail development. An inventory of ready -for-market properties contributes to a coordinated approach to commercial development.

15. Coordinate marketing and communications to targeted audiences. A strong partnership with property owners and brokers will help to ensure possible retail opportunities are captured early.

16. Implement a retail market business retention program. Regular contact with local business owners and managers provides an e arly warning system and the opportunity to offer solutions and assistance as needed.

17. Formalize the Main Street organization. Main Street is a tried and true model for improving economic vitality in downtowns. In its quest to be a Main Street organization, the Downtown Kingman group is either on the verge of great success or a tepid effort that will engage only some of the key stakeholders.

LONG-TERM STRATEGIES

18. Cultivate a strong entrepreneurial ecosystem.

19. Actively pursue retail attraction tactics.

Visitor Market Strategies

20. Brand Kingman as Kingman―Your Basecamp for Northern Arizona Travel and Adventure. A consistent message used by tourism partners sends the message to visitors and tourists that Kingman is the center of an entire vacation experience with access to a wide range of day-trip adventures. Visitor branding will expand to benefit industrial and commercial efforts.

21. Consolidate tourism marketing and initiatives. Visitor marketing is fiercely competitive and costly. Kingman will go farther faster if organizations and stakeholders collaborate.

22. Implement a community -wide Hospitality Customer Service program. One of the most important and most difficult to control aspect of the visitor experience is the overall level of hospitality offered throughout the city. Make sure Kingman visitors have an exceptional experience in Kingman; they have a lot of choices when planning a get-away.

LONG-TERM STRATEGIES

23. Develop and implement a Hotel Operator Business Retention Expansion (BRE) program.

24. Continue to implement the 2003 Kingman Wayfinding Plan.

25. Identify the top five visitor infrastructure projects to move forward.

Organize for Economic Development

1. Establish economic development vision and goals. Revitalizing a community depends on having an agreed upon vision of Kingman’s vision for the future.

2. Establish and empower Action Teams for each strategy. Dedicated participation of partner organizations and community volunteers will be critical to the success of the strategic plan .

Confusion regarding roles, responsibilities and priorities creates conflict and stalls momentum.

3. Strengthen communications with community. A well -informed and engaged community understands that quality of life and public services are directly dependent on a strong local economy.

4. Institute leadership and team building training for economic development.

Strong leaders
make a difference. Eff ective and well -run community organizations inspire success, motivate others to get engaged, and make the community stronger and more vibrant.

5. Present a positive first impression by eliminating derelict properties. A well -groomed community protects the public health, safety and welfare of residents and visitors and safeguards property values.

LONG-TERM STRATEGIES

6. Update zoning and development code.

7. Build a tax base to ensure long-term fiscal stability.

8. Expand staff and supplement economic development and marketing budget.

Traded Sector Strategies

9. Implement a business retention and expansion program. Local businesses are another community’s business attraction target. The City and partner organizations must be ready and available to local businesses or risk that they will start looking elsewhere to expan d or to locate.

10. Strengthen the economic development team. A strong, collaborative, “no wrong door” approach to economic and workforce development calls for a diverse economic development team who is able to efficiently and effectively reach businesses, present resources, and prove Kingman’s benefits.

LONG-TERM STRATEGIES

11. Prepare Kingman’s industrial real estate.

12. Grow the talent pipeline with skills that will support Kingman’s economic future.

13. Implement a consistent, focused, and well-funded marketing and business attraction program that is supported with the necessary data, tools and materials.

ITEM 12

Population-Serving and Downtown Strategies

14. Prioritize currently available commercial sites and buildings for near -term retail development. An inventory of ready -for-market properties contributes to a coordinated approach to commercial development.

15. Coordinate marketing and communications to targeted audiences. A strong partnership with property owners and brokers will help to ensure possible retail opportunities are captured early.

16. Implement a retail market business retention program. Regular contact with local business owners and managers provides an e arly warning system and the opportunity to offer solutions and assistance as needed.

17. Formalize the Main Street organization. Main Street is a tried and true model for improving economic vitality in downtowns. In its quest to be a Main Street organization, the Downtown Kingman group is either on the verge of great success or a tepid effort that will engage only some of the key stakeholders.

LONG-TERM STRATEGIES

18. Cultivate a strong entrepreneurial ecosystem.

19. Actively pursue retail attraction tactics.

Visitor Market Strategies

20. Brand Kingman as Kingman―Your Basecamp for Northern Arizona Travel and Adventure. A consistent message used by tourism partners sends the message to visitors and tourists that Kingman is the center of an entire vacation experience with access to a wide range of day-trip adventures. Visitor branding will expand to benefit industrial and commercial efforts.

21. Consolidate tourism marketing and initiatives. Visitor marketing is fiercely competitive and costly. Kingman will go farther faster if organizations and stakeholders collaborate.

22. Implement a community -wide Hospitality Customer Service program. One of the most important and most difficult to control aspect of the visitor experience is the overall level of hospitality offered throughout the city. Make sure Kingman visitors have an exceptional experience in Kingman; they have a lot of choices when planning a get-away.

LONG-TERM STRATEGIES

23. Develop and implement a Hotel Operator Business Retention Expansion (BRE) program.

24. Continue to implement the 2003 Kingman Wayfinding Plan.

25. Identify the top five visitor infrastructure projects to move forward.

Organize for Economic Development

1. Establish economic development vision and goals. Revitalizing a community depends on having an agreed upon vision of Kingman’s vision for the future.

2. Establish and empower Action Teams for each strategy. Dedicated participation of partner organizations and community volunteers will be critical to the success of the strategic plan .

Confusion regarding roles, responsibilities and priorities creates conflict and stalls momentum.

3. Strengthen communications with community. A well -informed and engaged community understands that quality of life and public services are directly dependent on a strong local economy.

4. Institute leadership and team building training for economic development.

Strong leaders
make a difference. Eff ective and well -run community organizations inspire success, motivate others to get engaged, and make the community stronger and more vibrant.

5. Present a positive first impression by eliminating derelict properties. A well -groomed community protects the public health, safety and welfare of residents and visitors and safeguards property values.

LONG-TERM STRATEGIES

6. Update zoning and development code.

7. Build a tax base to ensure long-term fiscal stability.

8. Expand staff and supplement economic development and marketing budget.

Traded Sector Strategies

9. Implement a business retention and expansion program. Local businesses are another community’s business attraction target. The City and partner organizations must be ready and available to local businesses or risk that they will start looking elsewhere to expan d or to locate.

10. Strengthen the economic development team. A strong, collaborative, “no wrong door” approach to economic and workforce development calls for a diverse economic development team who is able to efficiently and effectively reach businesses, present resources, and prove Kingman’s benefits.

LONG-TERM STRATEGIES

11. Prepare Kingman’s industrial real estate.

12. Grow the talent pipeline with skills that will support Kingman’s economic future.

13. Implement a consistent, focused, and well-funded marketing and business attraction program that is supported with the necessary data, tools and materials.

ITEM 12

LAUNCH SCHEDULE (Related Strategy)
30 DAYS 60 DAYS 90 DAYS 120 DAYS
Adopt the E.D. Plan, vision
and goals (1)
Confirm commitment
from groups suggested as
Lead for each strategy (2)
Formally recognize and
empower Lead and Action
Teams to implement (2)
Begin promoting the plan,
Action Teams, and
implementation timeline
to community (2)
Promote the opportunities
for community
involvement, committees,
volunteers (3)
Schedule status updates
from each Action Team as
regular agenda item on
ED/T Commission (2)
Establish a Funding
Resources Team (2)
Begin visiting traded
sector employers (9)
Begin visiting retail sector
employers (16)
Identify currently available
retail/commercial sites
and begin assessment
process (14)
Action Teams submit
timelines, milestones,
meeting schedule, etc. (as
appropriate) to Council (2)
Promote plan
accomplishments to date
via City’s new e-
Newsletter and Strategy
section on website (3)
Schedule 2019 dates for
Coffee with the Council (3)
Budget for an expanded
economic development
staff and activities (10)
Establish contact list to
begin outreach to brokers
(15)
Begin work on establishing
Hospitality Training (22)

PERFORMANCE METRICS
New public investment in the Kingman Industrial Park ($) New private investment by traded sector businesses ($)
New inquiries / prospects for industrial development (#) Market-ready industrial sites (acres)
Jobs in the traded sector (#)
Median household income ($)
Households in poverty (%)
Retailers visited (#)
Retail space occupancy (%)
Public investment in commercial property improvements ($) Private investment in commercial property improvements ($) Retail sales tax revenue to City ($)
Funding committed for Main Street organization ($)
Hotel occupancy tax revenues ($)
Website and social media visits (#)
Media coverage (column inches)
Tour bus stops (#)
Event/Destination attendance (#)
Visitors at key attractions (#)

Contact:

Gary Kellogg | 928.565.1259 | [email protected] Bennett Bratley | 928.565.1416 | [email protected]

CITY OF KINGMAN, AZ
2019 ECONOMIC DEVELOPMENT STRATEGY

PREPARING KINGMAN FOR ECONOMIC VITALITY
GOALS
 Sustained funding that supports a collaborative and aggressive economic development program
 A well-educated workforce and talent pipeline with the skills today’s and tomorrow’s employers need
 A diverse employment base made up of employers that pay well, thereby reducing poverty in Kingman
 An energetic entrepreneurial culture
 A successful downtown that serves as a hub for the arts, entertainment, and community activities
 A community where people want to live, and visitors want to return  Recognition of Kingman as the center of outdoor recreation in Northern Arizona

The City of Kingman has three distinct industry sectors driving its economy.
 The traded sector are those businesses that provide goods and services to customers outside of the region; they export goods and import dollars. Typically, they are part of an industry supply chain, a producer or supplier. Businesses in the traded sector provide the highest economic impact to a community.
 The population-serving sector is made up of businesses that provide goods and services to residents, e.g. medical care, groceries. Because it is a circulation of the same dollars (earned and spent), the economic impact of these businesses is much smaller than those in the traded sector, but very important to the local economy and quality of life.
 The visitor-serving market consists of venues and businesses that attract or serve visitors to the community; e.g. hotels, destination attractions. For Kingman, visitor spending could be substantial in boosting the local economy and supporting local businesses. The economic impact of this sector is increased when visitors stay longer and spend more.

Each sector has a unique and important role to play in Kingman’s economic future. Many of the economic development strategies, activities and priorities of these economic sectors overlap and are complementary. Specific activities, expected outcomes, timelines and lead organizations are prepared for each.

ITEM 12
ACTION PLAN | 2020-2022

CITY OF MARTINEZ ECONOMIC DEVELOPMENT
Initiatives for Enhancing Martinez’s Market
Position and Economic Growth Potential

EXECUTIVE SUMMARY
ITEM 12
f Major thoroughfare
f Aesthetically pleasing
f Strong anchors
f John Muir historic site
f Auto-oriented
f Dated shopping centers
f Few available sites
f May be potential to increase residential density, thereby increasing Alhambra Avenue and Downtown customer markets.
f Located close to downtown in the heart of this commercial center are underutilized commercial sites to explore for redevelopment. f Investment activity
f Amtrak Station
f Employment anchors
are courts, government
f Employee parking
f No wayfinding signage
f Ground floor vacancies
f Potential constraints
f Programs exist to generate funds for Downtown improvements, e.g.

Parking Benefits District, Property-based Business Improvement District (PBID), Tourism Business Improvement District (TBID), and Business Improvement Areas (BIA).
f More housing would spur additional retail development. f Demand for new hotel rooms and amenities.
f Downtown is ripe for a focused business development strategy. f Strong retail anchors
f Good tenant mix
f Access and visibility
f Disconnects centers
f Congested parking
f Additional retail could be supported if sites were available. f Opportunities may exist to expand medical support services, suppliers. f Active center serving
neighborhood
f 24-hour Safeway
f Outdated façade
f Retail on west side only
f No buildable land
f An approximate one-half acre site adjacent to center is being actively promoted for commercial development by broker who is receiving interest. f Likely demand for additional convenience and dining retail. f Unique asset
f Used by residents
f Visitor draw, sports &
recreation
f No food concessions
f Multiple owners
f Restricted uses
f Requires major
investment
f Demand for amenities, i.e. restaurants, food trucks, or some type of food concessions to serve boaters and users of the park and other facilities. f Potential for a suitable site for hotel/restaurant development. f Light industrial
f Several office
complexes
f Industrial uses intruding
on residential
f Disconnected
physically
f Businesses interested in opportunities for networking and connections. f Potential for the existing construction industry cluster supply chain to be expanded.
f Pleasant industrial
areas
f The Villages
f Long-term potential
f Most areas are
attractive
f Few vacancies
f No unifying theme
f Potential impact from
Caltrans plans at I-680
f Unattractive areas near
new residential areas
f Residential areas inhibit
traded sector uses
f Property owner outreach may reveal investment opportunities. f To make the area more economically vibrant, redevelop the 2,000-foot expanse from Morello Avenue south into complementary uses and the area beginning at the Pacheco Boulevard and Blum Road split, extending about 1,500 feet north.
f Strong economic and
employment center
f Major employers
f Interest in using local
businesses/vendors
f Essentially built-out
f Appearance a detriment
f Little development
potential
f Provide business assistance services, business retention/expansion visits. f Identify local vendors and suppliers that could potentially receive contracts with Shell; i.e. caterers.
f Capture spending occurring during turnarounds—estimate $3.15 million each turnaround.
f Acknowledge and embrace the refinery legacy.

STRENGTHS CHALLENGES STRATEGIC OPPORTUNITIES
USES/DRIVERS: 158 businesses, Retail, Services
USES/DRIVERS: 31 businesses, Primarily Retail
EC3 ⁄ Highway 4
USES/DRIVERS: 37 businesses, Retail, IndustrialEC6 ⁄ Howe Pacheco Industrial USES/DRIVERS: Industrial, RetailEC7 ⁄ Pacheco
USES/DRIVERS: 37 businesses, Primarily RetailEC1 ⁄ Alhambra Avenue USES/DRIVERS: 19 businesses, Primarily Retail
EC4 ⁄ Virginia Hills Center
EC5 ⁄ Waterfront & Marina
USES/DRIVERS: 245 businesses, Retail, ProfessionalEC2 ⁄ Downtown USES/DRIVERS: Heavy Industrial, Refinery, Port Facilities, MfgEC8 ⁄ Shell & Mococo Properties

MARTINEZ ECONOMIC CENTERS

TRADED SECTOR

POPULATION

VISITORS
ITEM 12
Positioning Martinez for a renaissance

INITIATIVE HIGHLIGHTS LEAD/PARTNERS
1 Build a Strong
Business
Development
Foundation
f Chief Business Development
Officer – Resource Team
f Existing Business Visitation
Program
f Relationship Building –
Property Owners – Inquiries
f Focused Attraction
f Business Climate
Chief Business Development Officer [lead]
f Main Street Martinez
f Martinez Chamber of Commerce
f Direct business assistance programs:

Contra Costa Small Business Development
Center, Workforce Development of Contra
Costa, Contra Costa County Economic
Development and Regional East Bay EDA
2 Design a Unified
Brand Identity
f Brand Identity
f Collateral Material & Website
f Wayfinding Plan
f Communications
Chief Business Development Officer [lead]
f Main Street Martinez
f Chamber of Commerce
f Key City Departments – Community &
Economic Development, Parks & Recreation
f Key Business Leaders
3 Create a
Downtown
Collaborative
f Update Specific Plan
f Lot 4 Opportunity Site
f Housing Potential
f Vacant Buildings
f Beautification
f Clean & Safe
f Promotion & Marketing
Chief Business Development Officer & Main
Street Martinez [leads]
f City Departments
f Possible County Participation
f Chamber
f Downtown Businesses & Property Owners
4 Enhance
Howe‑Pacheco
as a Premier
Industrial
Corridor
f Property/Business Owner
Outreach
f Placemaking
f Access Resources
Chief Business Development Officer [lead]
f Community & Economic Development
f Northern Waterfront Economic
Development Initiative5
Complete Key
Placemaking
Projects
f Actions to Pave Way for
Placemaking Projects
f Development Projects – Lot 4
f Short-term, Long-term Projects
f Development Financing
Planning Department / Community & Economic
Development {lead]
f Chief Business Development Officer
f Contra Costa Housing
f Contra Costa Transportation Agency
5 KEY INITIATIVES
The City of Martinez embarked on an extensive economic
development planning effort to fully understand the
drivers of economic growth within the city ( Phase I), and prioritize economic centers and programs for stimulating economic revitalization ( Phase II).

The city’s eight diverse economic centers (see previous page) rely upon at least one of three economic drivers :
1) Traded Sector, 2)  Population Driven, and 3) Visitor Potential. From a business perspective, the centers
can be classified as 1) Retail/Commercial, 2) Industrial/ Highway Commercial or 3)  Refinery Operations and
Heavy Manufacturing.

Phase III defined economic development tactical actions for advancing a result-oriented
Economic Development
Action Plan. Five key initiatives drive the 2020-22 Action Plan (highlighted below). Specific steps and assigned
responsibilities were described to move the plan from
concept to reality, capitalizing on the city’s assets.

ITEM 12
$2.8B
GDP (2018)
Embarking on a new era for Martinez

DOWNTOWN
An authentic downtown — the heart
of the city, connected to assets that
draw consumers: transit hub, courts
and government offices, recreation,
visitors.

Size: 86 acres/202 parcels
Priority: Lot 4 (city-owned
development opportunity). Also
vacant buildings to be redeveloped
through public/private partnerships.

Focus: Retail & Commercial, craft
brew
Good Fits: Businesses serving
population and visitors; i.e.,
John Muir/waterfront/trailway
tie-ins, new housing close
to transit, niche retail, hotel,
restaurants, microbrewery cluster,
entertainment, etc.

HOWE-PACHECO

CORRIDOR
Diverse mix of large traded
sector employers and mid-sized
businesses. A major entrance to the
city from Highway 4 and I-680 via
Pacheco Boulevard.

Size: 78-acre industrial corridor
Priority: Smoothing the way for
high-producing companies
Focus: Industrial and highway
commercial
Good Fits: Traded sector and
population serving businesses;
both light and heavy industrial;
e.g., construction industry supply
chain, trucking, metal fabricators,
etc. Also highway commercial such
as restaurants and service stations.
38,000
Population over
13 square miles
 WATERFRONT/MARINA
322 boat slips, yacht club
 DOWNTOWN
Main Street, county seat,
Downtown business & housing
development, I-680 and Hwy 4
access
 RECREATION
John Muir House, trailways
crossroads, parks, bocce,
swimming, skate parks, indoor
and outdoor sporting facilities
 TRANSIT HUB
Regional Amtrak transit
hub (341,600 annual rail
passengers + bus lines),
potential ferry service; walking
distance to downtown and
waterfront
ASSETS

FIND US
City of Martinez
Eric Figueroa, City Manager
ï www.cityofmartinez.org
! 925.372.3505
% [email protected]
Visit a story map of Martinez Economic Centers:
https:/ /bit.ly/2W8REbd

MARKET OPPORTUNITIES
The City of Martinez is a good producer and enjoys a dynamic and diverse economy. Like many urban communities, the city is considered “built out.” However, unlike many cities, Martinez has several unique assets (trans p ortation hub, waterfront, marina, downtown, regional trail systems) that support a path to transition. As population and business needs change, existing spaces can be upgraded for new retail, different business technologies and a transition from old industrial to a newer economy.

The City Council has identified two priority centers:
$319,945,712
Sales Leakage
(Retail Trade and
Food & Drink gap)
ITEM 12
As part of the
America’s Best
Communities
contest,
committed
leadership has
taken action
to identify
Lake Havasu
City’s biggest
challenges to
future economic
growth and has
engaged the
community in
conversation on
how to address
these challenges
and identify
opportunities.

Revitalizing Our Economy
Vision 20/20 is an initiative designed to
transform Lake Havasu City by focusing on a
common mission to reverse the current eco -
nomic trend and begin cycling back to net
gains for a healthy economy.

Together, we can change the story of Lake
Havasu City. We are collaborators. We are
committed to our citizens. We are game
changers. We are the future.

REVITALIZATION MISSION
To transform our economy, we must work to -
gether to reach our goals. For our com m unity
to survive we must diversify the economy,
build on the entrepreneurial spirit of Robert
P . McCulloch, who brought us the London
Bridge, have an educated workforce with the
skills needed by our employers and continue
to be a destination of choice.

ITEM 12
With the
commitment of
leadership, key
organizations,
agencies and
institutions
Lake Havasu
City is creating
a revitalization
plan based on
Five Pillars for
Change that will
collaboratively
address
challenges and
opportunities.
5 Pillars for
Change

ECONOMIC

DEVELOPMENT &
JOB CREATION

EDUCATION &

TALENT SUPPLY
The cornerstone of this plan will be
the creation of a Virtual Entrepreneur
Center, leveraging resources and
programs of various agencies to focus
on those businesses that have the
greatest opportunity to grow and create
jobs. The plan includes the new ASU
EON Chapter, boot camps and focused
trainings, programs and services. The
vision is to move from a Virtual Center
to an Innovation Center over time. Other
actions:
f Downtown Catalyst Project and
transforming downtown to be more
inviting to all age groups.
f Business Attraction recruiting a 50- to
100-seat call center.
f Create a value proposition package to
attract niche markets, collaborating
with Mohave County Economic
Development Department.
f Special projects, including
technology infrastructure as a Smart
Connected City, assistance on project
developments.
f Ensuring a positive business climate,
fast-tracked process.

The priority objectives in this Pillar are
to 1) pass a school funding measure(s),
2) retain teachers, 3) increase student
attainment and achievement and
4) create a talent supply for businesses.
f With Chamber’s Foundation for
Education and Leadership, there is
an opportunity to bring business and
education together as a collaborative
to address career pathways.
f Improve technology infrastructure
at the schools to advance to digital
education.
f Sector-based training in
collaboration with Mohave Workforce
Development Division and Mohave
Community College, initiate as
needed sector-specific training
meeting business needs, starting
with Hospitality Training.

PRIORITY TACTICS
f Virtual Entrepreneur Center
f Downtown Catalyst Project
f Call Center Recruitment
f Technology Infrastructure
f Niche business attraction plan

PRIORITY TACTICS
f School Funding
f Education Town Halls
f Hospitality Training
f Business-Education Collaborative

PILLAR CO-CHAMPIONS
Mark Nexsen, Mayor
Jerry Ernst, President, Horizon Community Bank

PILLAR CO-CHAMPIONS
Dr. David Young, Director, ASU Colleges at Lake
Havasu City
Jo Navaretta, Governing Board President,
LHUSD #1

IMPLEMENTING PARTNERS
Partnership for Economic Development
Mohave County Economic Development
Department
Small Business Development Center
Mohave Community College
Mohave County Workforce Development
Division
Lake Havasu Downtown Association
Arizona State University, Colleges at Lake
Havasu City
Lake Havasu Chamber of Commerce
Lake Havasu City

IMPLEMENTING PARTNERS
Education: Chamber Foundation for Education
and Leadership, LHUSD, WAVE, J-TED, MCC,

ASU, NAU
Business: Chamber, CVB, PED, Marine
Association, Hospitality Association
Government: Mohave County Workforce
Development Division, Lake Havasu City
ITEM 12

TOURISM & PLACE

DEVELOPMENT WATER COMMUNITY

ENGAGEMENT
Lake Havasu City’s economy has
been and will remain dependent on
a healthy tourism trade. Strategies to
maintain and strengthen the tourism
economy incorporate objectives in three
distinct but interdependent areas: 1)
Place Development, 2) Tourism, and 3)
Hospitality Excellence.
f Wayfinding Signage, a pilot project
with the Arizona Department of
Transportation, will make the city’s
places and amenities more visible to
visitors.
f Revitalization of downtown including
a Public Arts project to connect the
Channel and Downtown.
f Site Six, Havasu 280, and a potential
Sports Complex will provide many
long desired and needed amenities.
f Collaboration between Workforce,
Mohave Community College, and
the Hospitality Association for
hospitality training to meet the needs
of business and initiate a culture of
excellence in hospitality
Water is Lake Havasu City’s most
precious asset—and it’s the economic
driver. The Water Pillar is based on
proactive and preventive actions to
1) retain and increase domestic water
supply and 2) understand and manage
existing threats to the Colorado River
and Lake Havasu.
f Implement water treatment,
conservation, reclamation and reuse
projects.
f Pursue using the existing database
of lake and river water samples for
comprehensive research.
f Increase collaboration with all
agencies to protect and manage the
health of the lake.
f Move forward with Botanical Garden,
Water/ Environmental Science Center
vision at Havasu 280.
f Investigate the feasibility of fallow
farm land water rights leasing during
periods of severe drought.

Community Engagement, a foundational
Pillar, will keep the committed
leadership and residents informed
of the plan’s progress, embracing
resident volunteerism in any Pillar and
convening listening venues for input
as to community priorities, actions and
directions.
f Create a collaborative
communications strategy with
Implementing Partners.
f Use social media.
f Celebrate progress.
f Annual gathering in a town hall
format to receive input and keep the
Revitalization Plan a living document.

PRIORITY TACTICS
f Wayfinding and Public Art
f Culture of Hospitality Excellence
f Visitor and Water Related
Developments
f Promotions

PRIORITY TACTICS
f Water Right Acquisition
f Proactive public education on
conservation, reclamation and reuse
f Pursue research

PRIORITY TACTICS
f Framework to create checks and
balances, implementing plan and
continuous feedback
f Communications
f Annual community meeting

PILLAR CO-CHAMPIONS
Cal Sheehy, London Bridge Resort
Mike Bonney, Lake Havasu Hospitality
Association

PILLAR CO-CHAMPIONS
Charlie Cassens, City Manager
Dr. Doyle Wilson, Water Resources

PILLAR CO-CHAMPIONS
Donna Brister, Vice Mayor
Mike Patterson, CEO, Havasu Regional Medical
Center

IMPLEMENTING PARTNERS
Lake Havasu City
Lake Havasu City Convention and Visitors
Bureau
Arizona Parks Department
Havasu Riviera LLC
Lake Havasu Downtown Association
Lake Havasu Hospitality Association
Lake Havasu Marine Association
Mohave County Workforce Development
Division & Mohave Community College

IMPLEMENTING PARTNERS
Lake Havasu City
Clean Colorado River Sustainability Coalition
Mohave County Water Authority
Lake Havasu Management Partnership MOU

IMPLEMENTING PARTNERS
Lake Havasu City
ABC Team
Co-Champions
Other Implementing Partners
ITEM 12
The Revitalization Plan is not a vision or a plan
for “this is what we would like to happen.” It is
about how we can take action and change our
current path. The plan is ac tion-oriented  —
what can we do today to make a difference for
tomorrow?
Each of the Five Pillars of the Revitaliza -
tion Plan are separate action plans with
key s trategies and tactics to achieve spec -
ified goals. Each plan also has multiple
Implementing Partners that have agreed to
work collaboratively on the strategies and ac-
tions of each Pillar.

WHO OVERSEES THE REVITALIZATION PLAN?
HOW IS THE REVITALIZATION PLAN EXECUTED?
Implementing Partners are incorporating
these tactical actions into their existing work
programs and efforts; some will be totally
changing their programs to focus on the Pil -
lar initiatives and others, such as volunteer
associations, will need funding and/or staff
assistance.

Some projects will need more resources as
implementation moves forward, which would
be identified by Pillar Co-Champions and
Implementing Partners.

The America’s Best Communities (ABC) con -
test application effort and the Revitalization
Plan have been stewarded by stakeholders
(ABC Team) dedicating their time to engage,
align and identify partners, businesses and
individuals to collaboratively create a plan for
change.

FRAMEWORK ROLES
Upon completion of the Revitalization Plan,
the ABC Team will continue in a collaborative
leadership role to be a feedback body for the
Launch Implementation Plan (2016-2017 , 1 1
months) and representative body to the ABC
Contest.

ABC TEAM
Mike Bonney
Jerri Bracamonte
Donna Brister
Charlie Cassens
Nancy Darrow
Jerry Ernst
Carl Flusche
James Gray
Keith Helmer
Gary Kellogg
Matt Kross
Lisa Krueger
Bob McClory
Mark Nexsen
Michael Patterson
Brian Riley
Jim Salscheider
Cal Sheehy
Brian Springberg
Doug Traub
Steve Van Ella
Dr. David Young
f Preside over the ABC Contest Process.
f Meet Quarterly with Co-Champions.
f Lead annual meeting.
f Be responsive to residents, organizations and media.
f Individual participation in a Pillar, as desired.
f Participate with lead agency of a Pillar to shepherd the transformative initiatives and ensure focus is on point. f Connect Implementing Partners to networks and resources. f Liaison back to ABC Team (quarterly).
f Coordinate with all partners in the Pillar.
f Implement actions of the Pillar.
f Coordinate communications strategy.
f Report to City Council bi-annually.
f Participate and present at annual meeting.

ABC TEAM

CO-CHAMPIONS

IMPLEMENTING

PARTNERS
ITEM 12
Appendix 5
Project Sample:

City of Fairfield Economic
Development Strategic Plan

ITEM 12
City of Fairfield
Executive Summary:
2021-2025 Economic Development Strategic Plan
Strategies focused on transformation
APRIL 26, 2021
ITEM 12

EXECUTIVE SUMMARY

TABLE OF CONTENTS
TRANSMITTAL LETTER 1
ROADMAP EXECUTIVE SUMMARY 5
Heart of Fairfield Roadmap
7 Expected & Measurable Outcomes [HOF] 8
Creative Concepts Samples [HOF] 9
Tactical Actions & Key Milestones [HOF] 10
Business & Industrial Parks Roadmap
19 Expected & Measurable Outcomes [Business & Industrial Parks] 20 Creative Concept Samples [Business & Industrial Parks] 21 Tactical Actions & Key Milestones [Business & Industrial Parks] 22 Marketing & Business Attraction Roadmap
27 Notes 28
Expected & Measurable Outcomes [Marketing & Business Attraction] 28 Creative Concept Samples [Marketing & Business Attraction] 29 Tactical Actions & Key Milestones [Marketing & Business Attraction] 30 EXECUTING THE ROADMAPS 35
Budget Summary
3 5
Maintaining Tools & Resources Budget 37
PROJECT WORKING PAPERS 41
ACKNOWLEDGMENTS 45
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] i
ITEM 12

TRANSMITTAL LETTER
April 26, 2021
City of Fairfield
Attention: Jorge Barrera, Senior Economic Development Project Manager 1000 Webster Street, 2nd Floor
Fairfield, CA 94533
Honorable Mayor & City Council:

The City of Fairfield is a unique city sitting at the cross-roads of expected growth and opportunity. From an economic development standpoint the city wants to further enhance their opportunities as a destination and be a place that stands out on a map, a safe place where people want to build their homes, raise their families, work and play, a place that draws visitors from outside the area because of its rich culture, history, celebrations and events, a place known for its vibrant downtown full of unique restaurants, entertainment, brew pubs, and interesting shops and a place where businesses grow and industry thrives.

The city issued a Request for Proposal (RFP) for an economic development strategy that would be a road map for the City in determining where to allocate resources and identify priorities over a five-year period in business attraction, retention, and expansion .

The RFP also outlined a goal, key objectives and a focus on downtown and the city’s seven business and industrial parks (traded sector businesses):

Goal:

E
stablish a more inclusive and collaborative approach to economic devel - opment throughout the community by partnering with both internal and external stakeholders.

Objectives:

C
reating new job opportunities, encouraging entrepreneurship and inno - vation, enhancing fiscal sustainability, investing in catalyst development a
reas, and increasing private investment throughout the City.

To address the COVID-19 disruption as well as economic and industry shifts occurring in the global market, a place-based methodology was used to reimagine and reinvent “place” which engages people in a collaborative process to maximize shared value and pays close attention to the physical, cultural, and social identities that define area and opportunities for creating more synergy and vitality.

FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 1 ITEM 12
The development and preparation of the roadmap involved numerous engagements with many organizations, entities, vendors and individuals involved in promoting Fairfield as a place to do business, live and visit. There were extensive engagements with city departments, particularly with economic development, Jorge Barrera, Project Manager, and the Marketing & Outreach Division staff.

With the goal to have the roadmap as a tactical implementation guide 19 working papers were prepared to convey findings that became the foundation for the recommendations and strategic actions.

The final product is three separate but integrated roadmaps. Each roadmap has recommended actions specific to the place, or activity, to achieve the goal and objectives set forth by the city. To ensure the roadmaps met the city’s goal and objectives each were designed with a four-point test – action strategies overcome a challenge, create potential opportunities for maximizing assets, leverage existing efforts, resources and networks, and create opportunities to engage stakeholders and/or community in execution.

The common core strategy for each of the three roadmaps is transformation.

Transformation is a key element to remaining competitive and relevant as markets and customers change over time. Three bold actions drive the multiple goals, strategies and tactical actions outlined for implementation in the three separate roadmaps:

FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 2 ITEM 12
The Roadmaps are supported with a Creative Idea Book (marketing concepts), Real Estate Inventory Decks, web-based Story Map, targeting lists and an economic recovery dashboard for immediately executing actions outlined in the Roadmaps.

The three roadmaps represent bold actions which could result in significant annual (year-after-year) economic impact and new tax generation over the next five years.

A projected square footage absorption for downtown and business/industrial parks was used to calculate estimated economic benefits:

ESTIMATED JOB CREATION, ECONOMIC IMPACT
& TAX REVENUE GENERATION RESULTS
Direct & Indirect Job Creation 1,670
Direct Sales Tax Generation $ 381,000 Annually
Local Taxes $ 4.9 Million Annually
Total Economic Impact $ 228.8 Million Annually
The time is right to put these bold, transformational initiatives into action with consis- tent commitment and relentless communication. As the roadmaps are imple m ented,
downtown will begin to transform, industries will grow and Fairfield will continue to be destination of choice.

The Chabin Team appreciates the time, insights, information-sharing and feedback provided by Fairfield stakeholders and staff.

Respectfully Submitted,
The Chabin Team
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 3 ITEM 12

ROADMAP EXECUTIVE

SUMMARY
Fairfield Economic Development Roadmap
Action-oriented goals, strategies, tactics
focused on transformation.

ITEM 12
Create a Food &
Arts District
GOAL 1: Initiate transformation through place-making.
▷ Strategy 1: Position Hear t of Fairfi eld as Fairfi eld’s Food & Arts District. ▷ Strategy 2: Enliven and add vibrancy to downtown’s physical image. ▷ Strategy 3: Initia te a pilot Block-by-Block program.

GOAL 2: Ready vacancies for new business opportunities. ▷ Strategy 1: Organi ze city triage team to assess, prioritize and turnaround downtown vacancies.
▷ Strategy 2: Adopt additional tools to incentiv ize near-term investment in the Heart of Fairfi eld.

GOAL 3: Diversify business mix, fi ll vacancies.
▷ Strategy 1: Promot e business opportunities and development toolkit with existing and external brokers and developers.
▷ Strategy 2: Keep and grow critical business anchors.
▷ Strategy 3: Attract new businesses.

GOAL 4: Advance catalytic properties.
▷ Strategy 1: Pursue priv ate development for two catalytic sites.

H eart o f F a ir/f.altie ld R o a d m ap
Heart of Fairfield Roadmap
Fairfield Economic Development Roadmap
ITEM 12
EXPECTED & MEASURABLE OUTCOMES [HOF]
■ A doption of Food & Arts District Position and Brand
■ W
ell-informed, engaged and supportive community
■ Pr
oject launch for pilot block – visible transformation of Block 800 ■ V
isible, tangible, positive changes (more color, less clutter) ■ E
ngagement of schools, organizations in bring art and beautification ■ P
roperty improvements where code violations were evident and constraining progress
■ T
hree additional upgraded properties in “market-ready” condition ■ P
ositive PR for Fairfield as a business-friendly City
■ I
ncreased public $ to attract new private investment
■ A
ctive management of key customer/business relations
■ C
lear understanding of top business needs and opportunities ■ I
ncreased # of business assists; increased customer traffic; and success stories ■ A
ctively managed and growing pipeline of quality retail prospects ■ E
xpanded network of business/community leaders resulting in increased # of referrals
■ I
ncrease of new business locations, increase of events and attendees, new entrepreneur space plan

ESTIMATED ECONOMIC IMPACT
(DOES NOT INCLUDE PROPERTY OR OTHER LOCAL TAX GENERATION)

TOTAL DIRECT
& INDIRECT

ANNUAL IMPACT

POTENTIAL

ANNUAL CITY SALES

TAX REVENUE
Assumption: 37,000 sq ft Texas Street first floor vacancies filled $23,250,000 $249,000
Assumption: 1046 Texas-Build-out as restaurant $7,986,000 $132,000 Assumption: 830 Great Jones-Build-out multi-family
residential with café
$11,000,900 Minimal
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 8 ITEM 12
CREATIVE CONCEPTS SAMPLES [HOF]

LOGO AND BRAND CONCEPT
Designed with collateral application in mind,
to distinguish city’s downtown area. Heart
signifies the “heart” of Fairfield. Cutlery and
paint brush help position Food and Arts
District. CAMPAIGNS

SIGNAGE, SCULPTURES,

BRANDED MERCHANDISE
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 9 ITEM 12
TACTICAL ACTIONS & KEY MILESTONES [HOF]

TACTICAL ACTIONS & KEY MILESTONES MILESTONE
DATES

ESTIMATED

BUDGET RANGE
GOAL 1: Initiate place-making tactics to transform Heart of Fairfield into a unique destination.

STRATEGY 1: Position Heart of Fairfield as Fairfield’s Food & Arts District.

ACTION 1.1
City Implementation Team review.

ACTION 1.2
Downtown Summit: engage key stakeholders.
■ H
old Downtown Summit to share city vision of downtown
becoming a Food & Arts District. Q1 22 4,000 4,000
ACTION 1.3
Confirm Fairfield Food & Arts District.
■ A
dopt/confirm strategy to create a Food & Arts District in Heart of Fairfield. Q4 21
STRATEGY 2: Enliven and add vibrancy to downtown’s physical image.

ACTION 1.4
Clean up, fix up the Heart of Fairfield.
■  C
lean up. Q3 21 10,000 10,000
ACTION 1.5
Implement simple landscape and streetscape
enhancements.

■ I
mplement simple landscape enhancements. Q4 21 25,000 50,000 ACTION 1.6
Put heART in the Heart of Fairfield.
■ O
peration plan for adding and managing art for
downtown. Q4 21
■ S
eed the mural fund. Q1 22 100,000 100,000
■ S
eed the art fund, Fairfield Art Champions. Q1 22 150,000 150,000 FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 10 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES MILESTONE
DATES

ESTIMATED

BUDGET RANGE
ACTION 1.6 (CONT)
■ F
irst mural. Q3 21
■ E
ngage schools in bench beautification, fund supplies for tiles. Launch with 10 to 20 of the 60 benches. Business may engage to help sponsor a bench.

Q1 22 30,000 60,000
■ A
ctivate Alleys. Q3 23 TBD TBD
ACTION 1.7
Integrate/expand public-private signage throughout the
HOF.

■ C
omplete Fairfield Gateways Design & Branding Study.
■ I
mplement new signage with the Food & Arts District
identity.

Q4 21 TBD TBD
STRATEGY 3: Initiate a pilot Block by Block program.

ACTION 1.8
Prepare and adopt HOF Design Guidelines.
■ P
repare specific downtown guidelines for color palette,
awnings, windows, blade signs. Q4 21
ACTION 1.9
Expand REAP or establish additional loan programs to speed transformation.
1 ■ E
xpand REAP cap to $99,000 and readjust limits per
activity. Q4 21
■ C
reate within REAP a Storefront Improvement Grant
Program as part of the Pilot Block launch to accelerate change. Seed at $500,000 with city taking lead through
easement agreements to fund storefront improvement –
façade painting, awnings and signs.

Q4 21 500,000 500,000
■ S
eed a Shell & Tenant Improvement (TI) for the pilot
block program. Flexible loan funds to assist businesses/ property owners on preparing spaces for new business
mix.

Q4 21 500,000  500,000
1 R eference: Working Paper Tools to Incentivize Near Term Investment in the Heart of Fairfield..

FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 11 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES MILESTONE
DATES

ESTIMATED

BUDGET RANGE
ACTION 1.9 (CONT)
■ I
nclude market, financial, and engineering feasibility
studies funds in the Shell & Tenant Improvement
program.

Q4 21
■ H
ave architect available to work with businesses. Q4 21 10,000 10,000 ■ S
eed a non-CDBG Revolving Loan Fund for equipment and
furniture (available to all businesses). Q1 22 500,000 500,000 ■ C
ontract with SBDC for business coaches for businesses
accessing loan programs. Q3 22 15,000 15,000
ACTION 1.10
Launch Pilot Block Program (800 Block).
■ L
aunch Pilot Block Program. Q2 22
ACTION 1.11
Implement strategic code enforcement.

ACTION 1.12
Implement marketing and promotions.

FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 12 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES MILESTONE
DATES

ESTIMATED

BUDGET RANGE
GOAL 2: Get downtown vacancies ready for quality tenants.

STRATEGY 1: Organize a City Triage Team to assess, prioritize and turn-around downtown vacancies.

ACTION 2.1
Triage vacancy assessment and priorities.
■ C
omplete vacancy assessment on pilot block. Q2 22
ACTION 2.2
Improve top three properties.
■ U
se tools to prepare vacancies for market. Q2 22
STRATEGY 2: Adopt additional tools to incentivize near-term investment in the Heart of Fairfield.

ACTION 2.3
Review additional tools and programs, identify those to be adopted for use to accelerate development and locations. ■ R
educe impact fees.
■ R
educe on-site parking requirements.
■ L
everage CDBG/Home funds.
■ R
eview feasibility of Enhanced Infrastructure Financing
District (EFID).
■ O
ther programs recommended in HOF Specific Plan.

FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 13 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES MILESTONE
DATES

ESTIMATED

BUDGET RANGE
GOAL 3: Fill vacancies, diversify business mix, create economic vitality.

STRATEGY 1: Engage with brokers and developers to promote business and development opportunities.

ACTION 3.1
Form an informal downtown Fairfield development network. ■ Inf
ormal local network formed. Q3 22
ACTION 3.2
Outreach to Bay Area and Sacramento brokers and
developers.

■ B
egin outreach to external brokers and developers. Q4 22 5,000 10,000 ACTION 3.3
Host a kick-off event, walking tour and project
opportunities.

■  H
ost kick-off event. Q1 23
ACTION 3.4
Quarterly outreach launch. Q3 22
ACTION 3.5
Provide key market and property information to broker
network.

■  U
pdate and package material. Q3 22 2,000 5,000
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 14 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES MILESTONE
DATES

ESTIMATED

BUDGET RANGE
STRATEGY 2: Keep and grow critical business anchors.

ACTION 3.6
Use new CRM program to track all touch points with existing businesses.

■ A
nnual call record (CRM Report).
■ L
aunch annual survey in March.

ACTION 3.7
Initiate weekly business visits.

ACTION 3.8
Schedule business-specific communications.
■ B
usiness specific communications 12x per year.

ACTION 3.9
Schedule annual survey and four roundtables per year. Q1 23 3,000 3,000 ACTION 3.10
Continue Restaurant Week and add restaurant, culinary, and arts boot camp.

■ A
ctivate HOF Marketing and Promotions Collaborative
(see marketing recommendations) to develop and
manage new promotions and event schedule.

Q1 22 TBD TBD
STRATEGY 3: Attract new business.

ACTION 3.11
Build a prospect pipeline. Q4 22
■ P
opulate CRM with targets.
■ Re
fresh list quarterly.

ACTION 3.12
Cultivate a third-party referral network.

ACTION 3.13
Launch targeted business recruitment campaign. Q2 22
■ F
inalize marketing materials for campaigns. 8,000 10,000 FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 15 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES MILESTONE
DATES

ESTIMATED

BUDGET RANGE
STRATEGY 4: Capitalize on entrepreneurship to maximize Heart of Fairfield’s creative place- making.

ACTION 3.14
Develop entrepreneurial pipeline, leverage hero/
entrepreneur stories (Marketing Roadmap).

ACTION 3.15
Move target business concepts forward with partners,
co
-w
orking spaces, incubators, et al.

■ I
nitiate discussions with partner agencies on potential of creating unique entrepreneurial space, such as incubator, arts gallery, co-working spaces.

Q4 22
■ I
dentify players and opportunities for entrepreneurial
space development
■ P
repare feasibility analysis.

Q2 23 25,000 30,000
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 16 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES MILESTONE
DATES

ESTIMATED

BUDGET RANGE
GOAL 4: Move catalytic properties forward.

STRATEGY 1: Pursue private development for two catalytic sites.

GREAT JONES SITE
ACTION 4.1
Prepare prospectus/marketing package (use information
from financial feasibility working paper).

Q2 22 2,000 4,000
■ T
he Feasibility Analysis (Working Paper) provides an
excellent case to present to a developer to show a project that pencils.
■ W
ithin 90 days of decision to provide an incentive that
is needed to pencil, the city should complete tactical
actions and begin talking with developers by Q4 22.

ACTION 4.2
Outreach to broker, developer (list provided). Q4 22
ACTION 4.3
Finalize incentive offering i.e., reduced impact fee, parking, et al.

Q3 22
ACTION 4.4
Engage property owners.

ACTION 4.5
Use the financial feasibility study on other properties to determine cost effectiveness.

1047 TEXAS STREET
ACTION 4.6
Create site plan and visual concept. 2,000 4,000
■ P
resent plan to owner and broker; collaboratively decide how to move forward. Q1 22
ACTION 4.7
Collaborate with listing broker.

Total Estimated Budget Range $1,891,000 $1,965,000
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 17 ITEM 12
Posi tion F air/f.altield
as N or th Bay ’s
Em ergi ng Bus in ess &
In du st ry H ub
GOAL 1: Reposition Fairfi eld marketing.
▷ Strategy 1: Mark et “emerging” place to be locating your business to larger region.

GOAL 2: Build a broker network.
▷ Strategy 1: Form a brok er’s advisory board.

GOAL 3: Expand existing business program.
▷ Strategy 1: Expand indust ry outreach and response to industry challenges.

GOAL 4: Launch new business attraction.
▷ Strategy 1: Focused sales eff orts to site selectors, corporate brokers, and directly to target businesses.

Business & In d u s tria l P a rk R oadm
ap
Business & Industrial
Parks Roadmap
Fairfield Economic Development Roadmap
ITEM 12
ESTIMATED ECONOMIC IMPACT 2
(DOES NOT INCLUDE PROPERTY OR OTHER LOCAL TAX

GENERATION)

ESTIMATED DIRECT
& INDIRECT JOBS

CREATED
EST. DIRECT &

INDIRECT ANNUAL
IMPACT
Assumption: 1.22 million sq ft of industrial/
commercial space absorbed (leased) by July 2022.

Estimate 1291 direct and indirect jobs. Economic
model estimates total jobs, local taxes generated,
additional household spending that could occur and
annual economic impact.
1,290 $186,568,000
EST. HOUSEHOLD

SPENDING

SUPPORTED

POTENTIAL ANNUAL

LOCAL TAXES
$57,992,000 $4,571,000
2 Heart of Fairfield Roadmap, Figure 1

EXPECTED & MEASURABLE OUTCOMES
[BUSINESS & INDUSTRIAL PARKS]
■ A doption of a repositioning strategy and implementation of marketing ■ C
reation of Broker’s Advisory Board and increase of collaboration on potential projects
■ E
stablish Skills Development Fund $250,000
■ A
ssist brokers with current portfolio and prospects to meet projected jobs created by July 2022
■ C
omplete website to house Story Map and Economic Recovery Data Dashboard ■ U
tilize HubSpot to measure monthly responses and increases in hits ■ L
aunch first ads, schedule messages, plan multi-page insert ■ C
ollaboration to maintain updated Business Park and featured property deck ■ I
ncrease interest and inquiries for office market
■ L
aunch existing business program, engage partners and begin working collaborative on key issues important to existing manufacturer’s, i.e., workforce ■ S
howcase first Skills Development project
■ B
egin collaboration with Solano EDC and Solano Community College on Center of Excellence
■ I
ncrease lead pipeline with prospects identified from target lists and with Solano EDC.

FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 20 ITEM 12

CREATIVE CONCEPT SAMPLES
[BUSINESS & INDUSTRIAL PARKS]

INDUSTRY ASSETS AND

AVAILABLE SITES
Email, billboard, ads to highlight industry
opportunities Landing page, Fairfield
branded deck, email to promote available
sites.

FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 21 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES
[BUSINESS & INDUSTRIAL PARKS]

TACTICAL ACTIONS & KEY MILESTONES MILESTONE

DATES ESTIMATED BUDGET RANGE
GOAL 1: Begin to reposition Fairfield from “half-way between…” to the North Bay’s Emerging Business and Industry Hub.

STRATEGY 1: Create a broader awareness of Fairfield’s market position and proximity to the San Francisco Bay Area, East Bay, and Napa as the “emerging” place to be locating your business.

ACTION 1.1
Market a repositioning theme to North Bay’s Emerging Hub for Business and Industry.

■ A
doption of new positioning theme.  Q1 22
ACTION 1.2
Create awareness ad in East Bay Business Journal, push
press releases and stories, sponsor multi-page insert, use billboards.

■ P
lacements in East Bay Journal schedule, min 6x per year (quarter page).  Q2 22
■ M
ulti-page insert in Business Journal annually starting Q1

23.  Q1 23
ACTION 1.3
Initiate consistent messaging to external brokers and site selectors (list provided).

■ F
ully set up HubSpot and training of all tools.  Q4 21
■ L
aunch and schedule of external messaging to brokers
and site selectors, min 6x per year.  Q2 22
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 22 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES MILESTONE

DATES ESTIMATED BUDGET RANGE
GOAL 2: Build strong partner relationships with local industrial, commercial and office brokers.

STRATEGY 1: Leverage asset by rebuilding a strong partnership with existing brokers - with limited staff capacity and recent turn-over connection and trust has lapsed.

ACTION 2.1
Form a Broker’s Advisory Board.
■ F
orm Broker’s Advisory Board. Q3 21
■ R
oundtable 1 Review with Broker’s where city can add
value in recruiting and landing businesses. Q1 22
■ S
chedule annual Roundtables.
■ S
chedule monthly calls to update featured and available
properties list. Q3 21
ACTION 2.2
Provide value-added services to brokers.
■ O
ffer video tours of buildings.

ACTION 2.3
Work closely with office market brokers to identify target businesses and launch joint marketing campaign(s).

■ C
ollaborate on joint campaign for office users.  Q3 22
ACTION 2.4
Implement consistent check-ins with brokers.

FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 23 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES MILESTONE

DATES ESTIMATED BUDGET RANGE
GOAL 3: Establish a consistent call program with existing traded sector businesses.

STRATEGY 1: A staff person should dedicate at least 40 percent of their time calling on and facilitating existing business development in the traded sector.

ACTION 3.1
Utilize new HubSpot CRM system for all traded sector and office businesses, launch newsletter, emails.

■ E
nsure all traded sector firms are inputted to HubSpot
CRM.  Q4 21
ACTION 3.2
Set an outreach schedule and stick to it, engage partners. ■ K
ick-off existing business program with Roundtable.  Q2 22 ACTION 3.3
Address business challenges, i.e. workforce, establish
$250,000 Skills Development Fund.

■ E
stablish a Skills Development Fund targeted to
“upskilling” incumbent or new workers for critical skills in traded sector. Use as attraction incentive.

Q1 22 250,000 250,000
■ B
egin collaborations with partners on business issues.

ACTION 3.4
Work with Solano EDC and Solano Community College on a
Center of Excellence.

■ S
tart discussions on Center of Excellence.  Q1 23
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 24 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES MILESTONE

DATES ESTIMATED BUDGET RANGE
GOAL 4: Build a pipeline of leads and prospects.

STRATEGY 1: A more focused marketing and sales effort directed to specific decision-maker influencers, such as site selectors, corporate brokers, and directly to targeted businesses.

ACTION 4.1
Utilize HubSpot CRM system to input new site selector and target businesses (70) list.

ACTION 4.2
Finalize a new Economic Development website to host
critical data and the new Fairfield Business & Industrial Parks Story Map highlighting all industrial and business parks.

■ F
inalize new business attraction website to house Story
Map, inventories, data, HubSpot landing pages.  Q4 21
ACTION 4.3
Maintain and update new brand deck highlighting Fairfield location, business parks and featured properties.

ACTION 4.4
Initiate direct marketing and business calls to the 70+ target businesses identified.
■ S
chedule direct business marketing and sales calls –
ongoing effort. Cost estimate is associated if Ice Breaker Packets used (recommended).
500 2,500
■ M
ove business leads to potential prospects.
■ R
efresh target leads. Q1 23 3,000 4,000
ACTION 4.5
Leverage sales opportunities with existing partners; hold a FAM Tour for brokers and site selectors.

■ S
chedule FAM Tour. Q3 23 20,000 35,000
Total Estimated Budget Range 273,500 291,500
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 25 ITEM 12
Te ll the
Fa ir/f.altield Sto ry
Marketing Roadmap, Idea Book
GOAL 1: Increase new positioning identities.
▷ Strategy 1: Manage Fair fi eld marketing and messaging as a brand.

GOAL 2: Create new identity for Heart of Fairfi eld.
▷ Strategy 1: Brand Hear t of Fairfi eld as a Food and Arts District — a destination.

GOAL 3: Market place as a unique advantage.
▷ Strategy 1: Position Fair fi eld as North Bay’s emerging business and industry hub.

Marketing & Business
Attraction Roadmap
Fairfield Economic Development Roadmap
ITEM 12
NOTES
Recommended: Marketing & Outreach Division (MOD) be appointed the “brand manager for external marketing.” MOD has the expertise and is in a perfect position to manage the city brand — similar to corporate entities. The marketing and messaging recommendations are extensive to increase brand and identity awareness, including managing a promotions collaborative (engaging outside entities in higher levels of marketing discussions) and increasing outward marketing and presence. To reach this capacity, human resource and financial resources will need to be added to MOD. It is recommended MOD manage marketing, promotions, messaging and Economic Development Division management of sales and prospect handling.

The budget numbers noted in blue are estimates of what it would cost if the City had to outsource to an agency for those activities that could be done with added capacity to MOD. The goal is to formally appoint MOD as Brand Manager responsible for external brand marketing. Using the in-house expertise with added capacity will actually be a savings.

EXPECTED & MEASURABLE OUTCOMES
[MARKETING & BUSINESS ATTRACTION]
■ A ppoint a Brand Manager for marketing and messaging to external markets in Fairfield
■ A
dopt new strategies for HOF – creation of Food & Arts District, logo and image ■ F
orm a HOF Marketing & Promotions collaborative coordinated by City’s Marketing & Outreach Division to plan, schedule and launch events and marketing for HOF
■ C
omplete marketing materials to enhance promotions and increase awareness ■ A
dopt new positioning for Business & Industrial Park marketing ■ T
ransition to utilize HubSpot marketing tools
■ L
aunch a Fairfield-centric messaging and video campaign in collaboration with Solano EDC
■ M
anage ad, editorial, billboard placements
■ I
ncrease awareness in regional markets
■ I
ncrease inquiries
■ I
ncrease attendance at downtown events
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 28 ITEM 12

CREATIVE CONCEPT SAMPLES
[MARKETING & BUSINESS ATTRACTION]

IDEA BOOK
The 49-page Idea Book provided with this
strategy offers campaign ideas, scripts,
templates for email, advertising, landing
pages and other recommendations.

Additional marketing samples can be seen with
the Heart of Fairfield and Business &
Industrial Parks roadmaps.

FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 29 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES MILESTONE
DATES

ESTIMATED ANNUAL

BUDGET RANGE
GOAL 1: Increase New Positioning Identities
STRATEGY 1: Manage Fairfield Marketing and Messaging as a Brand.

ACTION 1.1
Create a unified business voice.
■ A
ppoint City’s Marketing & Outreach Division as brand
manager. Budget represents estimated annual budget
needed to increase capacity to fulfill marketing strategy.

Q3 21 300,000 350,000
ACTION 1.2
Expand and enhance the consistency and frequency of city messaging.
■ U
pgrade HubSpot to Marketing Hub Tool for efficiency
(determine after review by MOD). Est $1000/mo.

Q3 21 12,000 12,000
ACTION 1.3
Move to new digital platform (HubSpot Economic
Development Accelerator) for ED Marketing.
■ T
emplate development.

Q3 21 4,000 5,000
ACTION 1.4
Build strong awareness with external business audiences, Fairfield as a “place”.
■ C
ollaborate with Solano EDC to launch Fairfield centric
video campaign.

Q1 22 20,000 25,000

TACTICAL ACTIONS & KEY MILESTONES
[MARKETING & BUSINESS ATTRACTION]
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 30 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES MILESTONE
DATES

ESTIMATED ANNUAL

BUDGET RANGE
GOAL 2: Create new identity for Heart of Fairfield
STRATEGY 1: Position Heart of Fairfield as a Food & Arts District to attract new investment & business.

ACTION 1.2
Adopt Heart of Fairfield Food & Arts District Brand.
■ F
inalize logo, brand guide, business system.

Q4 21 7,500 7,500
■ S
wag collateral product ready. TBD 3,500 3,500
■ P
rinting of swag. TBD
■ D
esign and print banners. TBD 8,000 9,500
■ S
hoot and edit video concepts (Est. $6,000-$7,000/mo.). Q1 22 72,000 84,000 ACTION 2.2
Build a messaging storyline of an entrepreneurial city with a vision for transformation.
■ O
ngoing

ACTION 2.3
Create a marketing and sales funnel by pushing out space opportunities to businesses.
■ O
ngoing

ACTION 2.4
Form a Marketing and Promotions Collaborative for events and promotional activities in the Heart of Fairfield.
■ O
ngoing
Q3 21 - -
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 31 ITEM 12

TACTICAL ACTIONS & KEY MILESTONES MILESTONE
DATES

ESTIMATED ANNUAL

BUDGET RANGE
GOAL 3: Market place as a unique advantage
STRATEGY 1: Position Fairfield as North Bay’s Emerging Business & Industry Hub ACTION 3.1
Market available buildings and sites, use video to help promote the message.
■ S
hoot & edit video concept – “leading the way.”
Q2 22 15,000 20,000
■ S
hoot drone footage & business parks. Q3 22
■ M
onthly content development, est. outsourced cost
$7,500-$10,000 per mo. Q1 22 84,000 120,000
■ Man
age digital tools and implementation, est. outsourced
cost $15,000 per mo. Q1 22 180,000 180,000
■ C
reate Business Attraction website. Q1 22 30,000 40,000 ACTION 3.2
Create editorial or advertorial stories, ads and billboards. Q3 22 ■ A
d media placements Q1 22 30,000 30,000
■ M
ulti-page spread Business Journal Q3 23 50,000 50,000 ■ B
illboards, est. placement 6 mos. Q3 23 12,000 24,000
■ E
st. outsourcing that may be needed to support
Marketing and Outreach Division.   50,000 50,000
ACTION 3.3
Collaborate with Solano EDC on creating a Fairfield Food and Beverage Center of Excellence.

ETA Start
Q4 22

Subtotal Annual Estimated Budget Range   $878,000 $1,010,500 Blue budget represents the value/cost if City had to
outsource to an agency vs. having MOD do in house.   $378,500 $437,500 Total Annual Estimated Budget Range $499,500 $573,000
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 32 ITEM 12
Executing the Roadmaps
Fairfield Economic Development Roadmap
Budget Summary
ITEM 12

EXECUTING THE ROADMAPS
Budget Summary
The three Tactical Action & Key Milestones tables with each roadmap summarize and highlight goals, strategies, tactical actions, key milestones for measuring strategy outcomes and estimated budget ranges for strategies and action. The information is provided to help in planning execution of tactics as well as ensuring key milestones are met. Dates should be reviewed by City management as to reality of completion given other priorities and work elements assigned to divisions, departments and staff.

Economic Development Roadmaps have a shelf life of 3-5 years, for Fairfield assume 2021-2025. Because place and economy change quickly, implementation and management should be on a rolling 12-18 month schedule. Many of the tactics are continuous, day-to-day activities, but should be refreshed based on the activity level and changes occurring. To ensure the roadmap is a living document, a review of milestones and tactics should be conducted bi-annually, making adjustments as needed to allow for other priorities or work efforts.

The consulting team assumes the work as outlined for the Heart of Fairfield transformation can be absorbed by the current Heart of Fairfield team, however, there are extensive new tactics recommended and to be successful will need dedicated attention without the support of a local, focused Main Street organization. The recommended tactics for the Business & Industrial Parks activities may be a shift of workloads, but again there are several new tactics which will need dedicated attention.

The major new element of work is marketing, messaging and promotions.

This requires additional staff capacity in the Marketing & Outreach Division to be properly implemented and managed and is reflected in the budget below.

Estimated cost for execution of all tactics are included and are estimated based on experience of the consultant team and pricing gathered as needed.

Each roadmap has a budget relative to the actions that lead to achieving the proposed actions and economic impact outcomes.

FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 35 ITEM 12
FIGURE 1: Estimated Roadmap Budgets compared to Projected Annual Economic Impact & Tax Generation Outcomes.
3 M arketing costs absorbed assumes Marketing & Outreach Division is appointed as the Brand Manager and staff capacity expanded, eliminating need to outsourced work to an agency, a savings of $378,500– $437,500.
4 T
otal budget does not include absorbed marketing costs .

ESTIMATED BUDGET RANGE IMPACT RESULTS
ROADMAP EST. BUDGET EST. ANNUAL
ECONOMIC IMPACT *
EST. ANNUAL

NEW TAX
Heart of Fairfield $1,891,000–$1,965,000 $42,236,000 $381,000 Sales Tax Business &
Industrial Parks $273,500–$291,500 $186,568,000 $4.5 Million Local Taxes Marketing & Business
Attraction $499,500-$573,000
Estimated Budget for
Implementation
4 $2,664,000–$2,829,500 $228.8 Million Annually $4.9 Million Annually Est. Maintenance & Next
Step Costs $60–$92,200 **
** I ncludes EFID Analysis * A ssumes HOF First Floor Vacancies Filled & 1.2M Sq Ft Industrial Absorbed.
...Returns
Investment...

FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 36 ITEM 12

MAINTAINING TOOLS & RESOURCES BUDGET
The following recommended actions are for maintaining tools and resources which have been delivered with the Roadmaps for at least the first two years until the Economic Development Division and Marketing & Outreach Division have launched recommended action priorities. These tools have been prepared to be utilized immediately in economic development execution.

FIGURE 2 – Estimated Costs for maintaining tools and resources delivered with Roadmaps, and funding for preparing Enhanced Infrastructure Finance District Analysis.

TOOLS, RESOURCES, ANALYSIS MAINTENANCE & NEXT STEPS ESTIMATED COSTS

1. M aintain Story Maps (HOF and Business Industrial Parks) which will be housed on the Business Attraction website. Quarterly Updates. $2,500 per year.
$2,500 $2,500

2. M aintain Economic Recovery Dashboard – tracking economic indicators and recovery. Monthly & Quarter Updates. $600/mo.
$7,200 $7,200

3. C onsider retaining Research FDI for initial training on prospecting 70+ businesses identified as potential targets and refreshing list on an annual or quarterly basis to keep the pipeline fresh. FDI is also qualified to do targeting calls on behalf of the city to screen for prospect and potential projects.

TBD TBD

4. W ebsite Update. Update bi-annually. $1,000 $2500

5. E nhanced Infrastructure Finance District (EFID). During research and analysis of the Catalyst projects and development of Working Paper Tool Box EFID analysis was identified as a next step. Cost is determined based on size and complexity.
5 $50,000 $80,000
Estimated Cost – Maintain Tools, Resources and Implement EFID Feasibility Analysis
$60,700 $94,700
5 K MA, Chabin Team member, is experienced with EFID feasibility analysis and set up of District. KMA provided a feasibility analysis of EFID during the Solano Forward II project 2016-17.

FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 37 ITEM 12
Project Working Papers
Fairfield Economic Development Roadmap
ITEM 12

PROJECT WORKING PAPERS
Nineteen Working Papers were delivered throughout the course of the project. Working papers were focused on research and findings reviewed with staff during the project, providing background and foundation for recommended tactical actions.

FIGURE 3: Economic Development Roadmap WORKING PAPERS
Heart of
Fairfield
Site Development Opportunities Dec 17, 2020
Retail Market & Trend Analysis Jan 15, 2021
HOF Business Mix Feb 10, 2021
HOF Vacancy Review Feb 10, 2021
HOF Real Estate Mar 8, 2021
Tool Box Mar 19, 2021
Financial Feasibility New Catalytic Projects Mar 22, 2021 Business &
Industrial
Parks
Industrial, Business Park Review Jan 8, 2021
Traded Sector Analysis Mar 1, 2021
Workforce Mar 10, 2021
Industrial, Business Park Review with Local Brokers Mar 16, 2021 Targeted Traded Sector Business List Apr 15, 2021
Marketing
Fairfield Social Media Presence Dec 30, 2020
Perceptions of Fairfield Jan 20, 2021
Put the heART in the Heart of Fairfield Apr 3, 2021
Web-based Story Maps Apr 22, 2021
Economy
Analysis
Economic Recovery Dashboard Jan 20, 2021
Economic Scan Feb 10, 2021
Economic Scan Recording Mar 2, 2021
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 41 ITEM 12
Acknowledgments
Fairfield Economic Development Roadmap
ITEM 12

ACKNOWLEDGMENTS
Thank you to all the stakeholders and staff that provided information, input and feedback for developing this economic development roadmap. Their assistance was invaluable in providing direction. We greatly appreciate the multiple calls with many staff and stakeholders and a special thank you to Jorge Barrera for coordinating and managing a multi-pronged strategy among city staff and community stakeholders.

Alaina Gjertsen
Solano EDC Content/
Marketing Consultant
Alex Spangler
Tallen Capital
Alison Moore
General Plan Consultants
Anand Patel
Visit Fairfield
Andre Ivanchuk
Spinosa
Andy Sharipo
Site Consultant
Angelina Colone
Solano Town Center
Bill Way
City of Fairfield,
Communications
Department
Bob Burris
Solano EDC
Brandon Norton
Norton Capital
Brian Miller
City of Fairfield, Planning
Brooks Pedder
Cushman Wakefield, Walnut
Creek
Bruce Takefman
Advisor FDI Research
Bryan Chua
City of Fairfield, Budget
Manager
Carmen Gray
Carmen Gray Real Estate
Investment
Charlie Littlejohn
Uber Media / Madden
Media
Chris Petrini
Commercial/Industrial
Broker, Petrini Commercial
Dae Spering
Downtown Theatre
Dale Eyeler
Solano County
David Costanzo
Rustwater Kitchen &
Taproom
David Dougherty
Advisor, DLAdesign.com
David Feinstein
City of Fairfield, Planning
Division Manager
Dawn Labar
City of Fairfield
Deanna and Marvin Hurn
Miracle Math
Deanna Deckard
Windermere Greystone
Debi Tavey
Fairfield-Suisan Chamber of
Commerce
Don Schjeldahl
DSG Advisors
Eric Dakin
Dakin and Dakin
Glen Dowling
Industrial Broker, JLL
Greg Laudeman
Magellan Advisor
Harvey Shein
Green Valley Corporate
Park
Heather Henry
Solano Workforce
Development Board
Jae Chung
Investor/Business
Developer
James Bezek
AIA, Solano County, General
Services - Assistant Director
Jamie Orr
Cowork Tahoe
Jamil Zainasheff
Heretic Brewing Company
Jasim Acuna
City of Fairfield, IT Analyst
GIS
FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 45 ITEM 12
John Jamison
VP Jelly Belly
John O’Duinn
Author/Consultant
Jonathan Luong
City of Fairfield, Analyst
Karl Dumas
Dumas Real Estate
Kathryn Powers
Partnership Healthplan of
California
Lawrence H. Acosta
PGE
Leslie Parks
Parks Opens Door
Lisa Neeley
Dean School of Applied
Tech, Solano Community
College
Margaret Manzo
Fairfield Main Street
Martine Neider
BAUM
Mary Ingersoll
Team California
Matt Kowta
BAE, General Plan
Consultants
Michael Hetes
City of Fairfield, Public
Works
Paul Kaushal
Public Works
Phil Garrett
Industrial Broker, Colliers
Poonum Patel
GO-Biz
Rajeev Bhatia
General Plan Consultants
Ray Shamieh
Commercial Broker & Retail
Owner
Ron Puccinelli
City of Fairfield, CIO, IT
Ryan Panganiban
City of Fairfield, Engineer
Sandy Persons
Travis AFB
Scot Sheldon
Terra Realty Advisors
Sean Quinn
former Fairfield City
Manager
Shahbaz Sohrabi
California Olive Oil
Co
-P
acker
Stefan Bunk
Enoplastic USA Inc.

Steve Hanley
Steve Hanley Homes
Steve Spencer
Premier Commercial Real
Estate
Terry Tallen
Tallen Capital
Tim Murrill
Solano SBDC
Tom Wengler
OctoUX
Travis Moore
AB
Veronica Boe
CSU Maritime Academy
Whitney Skillman
City of Fairfield,
Communications
Department
Zen Hunter-Ishikawa
Office Broker, Wiseman
Group

SPECIAL THANKS
Project Manager: Jorge T. Barrera, J.D. , Senior Economic Development Project Manager Dwayne Dalman, City of Fairfield, Economic Development Division Manager David Gassaway, City of Fairfield, Assistant City Manager FAIRFIELD ECONOMIC DEVELOPMENT ROADMAP [APRIL 26, 2021] 46 ITEM 12
Project Team Assembled for City of Fairfield
Advisory Team
Rob Eyler, PhD
EFA
Debbie Kern
KMA
Kevin Feeney
KMA
Brian Curtis
MC2
Mary Bosch
Marketek
Don Schjeldahl
DSG Advisors
Leslie Parks
ParksOpenDoor.com
Kunal Merchant
CalOZ
Bruce Takefman
Research FDI
Audrey Taylor
Chabin Concepts
Vicki Doll
Chabin Concepts
Lindy Hoppough
Chabin Concepts
Thatch Moyle
Urban Scenarios

PREPARED BY PROJECT CONSULTING TEAM
ITEM 12
Prepared April 2021 by: Chabin Concepts Team
for City of Fairfield Economic Development Division
www.chabinconcepts.com | 530.345.0364
ITEM 12
ITEM 12

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 27, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Kevin Wise, Deputy Chief
[email protected], (209) 857-6471
SUBJECT:

Resolution No. 2022-XX, approving the use of ARPA funds for a sole source purchase of two (2) LIFEPAC 15 monitors/defibrillators and authorizing staff to move forward with the purchase.

RECOMMENDED COUNCIL ACTION:

I. BACKGROUND:

At the March 14, 2022, City of Ceres City Council meeting, the City Council approved the use of the American Rescue Plan Act (ARPA) funds to purchase Advanced Life Support (ALS) equipment for two fire apparatus. The additional ALS equipment will allow a Firefighter Paramedic (FFP), who may be working on the apparatus while filling a vacancy, to perform ALS care. If the additional equipment, isn’t available, the FFP could only perform his/her duties at the Basic Life Support (BLS) level.

The Lifepac 15 Cardiac Monitor/Defibrillator is the primary piece of equipment that is used by Paramedics. The Modesto Fire Department exclusively uses the Lifepac 15 which provides for uniformity amongst the fire department and its partner agencies. The uniformity of equipment in emergency medical incidents is a critical component of patient care. EMS Ambulances in Stanislaus County utilize the Lifepac 15 as well, which furhters our ability to restock supplies from the ambulance providers.

II. REASONS FOR RECOMMENDATION:

If the additional equipment isn’t available, the FFP could only perform his/her duties at the Basic Life Support (BLS) level. Stryker is the regional sales and service provider of the Lifepac 15 Cardiac Monitor for our area and is the sole source provider of the Lifepac 15.

ITEM 13
III. FISCAL IMPACTS:

The purchase of two Lifpac 15 Monitors/Defibrillators is $78, 943.27 which includes all applicable accessories and a five-year service plan for preventive maintenance inspection and repairs . At the March 14, 2022 City Council meeting, the Ceres City Council approved utilizing ARPA funds up to $90,000 on ALS equipment thus having no impact on the General Fund.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

The proposed action is consistent with the fifth goal of the Strategic Plan related to government operations to provide quality services to meet community needs, assuring that the City has helpful, well-trained, properly equipped , and sufficient staff who partners with other public agencies to provide efficient services.

V. POLICY ALTERNATIVES:

The Council could choose to not approve the purchase of the Lifepac 15 and continue to utilize BLS equipment instead of ALS equipment on the fire apparatus that serves the City of Ceres.

VI. STEPS FOLLOWING APPROVAL:

Upon City Council approval staff will make the necessary purchase of the cardiac monitors/ defibrillators.

Approved by: ________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution 2022-XX

2. Quote

3. Stryker Sole Source Letter

4. MFD Sole Source Letter
ITEM 13
RESOLUTION NO. 2022-XX

APPROVING THE USE OF ARPA FUNDS FOR A SOLE SOURCE PURCHASE OF TWO (2) LIFEPAC 15 MONITORS/DEFIBRILLATORS AND AUTHORIZING STAFF TO MOVE FORWARD WITH THE PURCHASE.

THE CITY COUNCIL
City of Ceres

WHEREAS, the City Council approved the use of the American Rescue Plan Act (ARPA) funds to upgrade EMS equipment on the fire apparatus to provide Advanced Life Support (ALS) care, which includes cardiac monitor/defibrillators; and

WHEREAS, the upgraded equipment will allow a Firefighter Paramedic (FFP) to provide an advanced level of patient care when filling vacancies on fire apparatus; and,

WHEREAS, the Modesto Fire Department exclusively uses the Lifepac 15 which provides for uniformity amongst the fire department and its partner agencies; and

WHEREAS, Stryker is the regional sales and service provider of the Lifepac 15 Cardiac Monitor for our area and is the sole source provider of the Lifepac 15; and

WHEREAS, the purchase of the cardiac monitor/defibrillators will have no fiscal impact to the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the use of ARPA funds for a sole source purchase of two (2) LIFEPAC 15 monitors/defibrillators and authorizes staff to move forward with the purchase.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Kellie E. Weaver, Interim City Clerk
ITEM 13
ITEM 13
Quote Summary
Delivery Address

End User - Shipping - Billing

Bill To Account

Name:

CITY OF CERES FIRE STA 1

Name:

CITY OF CERES FIRE STA 1

Name:

CITY OF CERES FIRE STA 1

Account #:

1310073

Account #:

1310073

Account #:

1310073

Address:

2755 3RD ST

Address:

2755 3RD ST

Address:

2755 3RD ST

CERES

CERES

CERES

California 95307-3219

California 95307-3219

California 95307-3219

Equipment Products:
#

Product

Description

Qty

Sell Price

Total

1.0 99577-001957

LIFEPAK 15 V4 Monitor/Defib - Manual & AED, Trending,
Nonin
vasive Pacing, SpO2, SpCO, NIBP, 12-Lead ECG,
EtCO2, BT. Incl at N/C: 2 pr QC Electrodes
(11996-000091) & 1 Test Load (21330-001365) per
device, 1 Svc Manual CD (26500-003612) per order

2 $30,694.08

$61,388.16

2.0 41577-000288

Ship Kit -QUIK-COMBO Therapy Cable; 2 rolls100mm
P
aper; RC-4, Patient Cable, 4ft.; NIBP Hose, Coiled;
NIBP Cuff, Reusable, adult; 12-Lead ECG Cable, 4-Wire
Limb Leads, 5ft; 12-Lead ECG Cable, 6-Wire Precordial
attachment

1 $0.00

$0.00

3.0 11577-000004

Station Battery Charger - For the LP15

2 $1,363.05

$2,726.10

4.0 21330-001176

LP 15 Lithium-ion Battery 5.7 amp hrs

6 $343.85

$2,063.10

5.0 11171-000082

Masimo™;RC Patient Cable - EMS, 4 FT.

2 $174.20

$348.40

6.0 11171-000049

Masimo™Rainbow™ DCI Adult Reusable Sp02, SpC0,
SpMet Sensor
, 3 FT. For use with RC Patient Cable.

2 $445.25

$890.50

7.0 11577-000002

LIFEPAK 15 Basic carry case w/right & left pouches;
shoulder str
ap (11577-000001) included at no additional
charge when case ordered with a LIFEPAK 15 device

2 $234.65

$469.30

8.0 11220-000028

LIFEPAK 15 Carry case top pouch

2 $42.25

$84.50

9.0 11260-000039

LIFEPAK 15 Carry case back pouch

2 $60.45

$120.90

10.0 21300-008159

LIFEPAK 15 NIBP Straight Hose, 6'

2 $50.70

$101.40

11.0 11160-000011

NIBP Cuff-Reusable, Infant

2 $16.25

$32.50

12.0 11160-000013

NIBP Cuff-Reusable, Child

2 $18.20

$36.40

13.0 11160-000017

NIBP Cuff -Reusable, Large Adult

2 $25.35

$50.70

2 LP 15s

Quote Number:

10526698

Remit to:

Stryker Medical

P.O. Box 93308

Version:

1 Chicago, IL 60673-3308

Prepared For:

CITY OF CERES FIRE STA 1

Rep:

Kevin Cuneo

Attn:

Email:

[email protected]

Phone Number:

Quote Date:

06/15/2022

Expiration Date:

06/27/2022

1 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 ITEM 13
#

Product

Description

Qty

Sell Price

Total

14.0 11160-000019

NIBP Cuff-Reusable, Adult X Large

2 $35.75

$71.50

15.0 11996-000480

4G Titan III Trio Modem: Verizon or AT&T WiFi/Cellular/ A
udio (audio on/off configurable by customer), for use
with customer data plan. Customer will obtain SIM card
to configure for Verizon or AT&T

2 $1,596.40

$3,192.80

Equipment Total:

$71,576.26

Trade In Credit:

Product

Description

Qty

Credit Ea.

Total Credit

TR-LP12B-LP15

TRADE-IN-STRYKER LIFEPAK 12B TOWARDS PURCHASE

OF LIFEP
AK 15

2 -$5,000.00

-$10,000.00

ProCare Products:
#

Product

Description

Qty

Sell Price

Total

16.0 78000171

LIFENET Asset, per device

2 $327.00

$654.00

17.1 78000639

ProCare LIFEPAK 15 Prevent Service: Annual onsite
prev
entive maintenance inspection and unlimited repairs
including parts, labor and travel with battery coverage for LIFEPAK 15 V4 Monitor/Defib - Manual & AED,
Trending, Noninvasive Pacing, SpO2, SpCO, NIBP, 12-
Lead ECG, EtCO2, BT. Incl at N/C: 2 pr QC Electrodes
(11996-000091) & 1 Test Load (21330-001365) per
device, 1 Svc Manual CD (26500-003612) per order

2 $5,778.00

$11,556.00

ProCare Total:

$12,210.00

Price Totals:

Estimated Sales Tax (8.375%):

$5,157.01

Freight/Shipping:

$0.00

Grand Total:

$78,943.27

Comments/Terms/Signatures

Prices: In effect for 30 days

Terms: Net 30 Days

2 LP 15s

Quote Number:

10526698

Remit to:

Stryker Medical

P.O. Box 93308

Version:

1 Chicago, IL 60673-3308

Prepared For:

CITY OF CERES FIRE STA 1

Rep:

Kevin Cuneo

Attn:

Email:

[email protected]

Phone Number:

Quote Date:

06/15/2022

Expiration Date:

06/27/2022

2 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 ITEM 13

Contact y
our local Sales Representative for more information about our flexible payment options.

2 LP 15s

Quote Number:

10526698

Remit to:

Stryker Medical

P.O. Box 93308

Version:

1 Chicago, IL 60673-3308

Prepared For:

CITY OF CERES FIRE STA 1

Rep:

Kevin Cuneo

Attn:

Email:

[email protected]

Phone Number:

Quote Date:

06/15/2022

Expiration Date:

06/27/2022

3 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 ITEM 13
Capital Terms and Conditions:

Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation appro
val. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency.

A copy of Stryker Medical's Acute Care capital terms and conditions can be found at https://
techweb.stryker.com/Terms_Conditions/index.html. A copy of Stryker Medical's Emergency Care capital terms and conditions can be found at https://www.strykeremergencycare.com/terms.

4 ITEM 13
Emergency Care
11811 Willows Road NE, Redmond, WA 98052 USA | P +1 425 867 4000 | Toll-free +1 800 442 1142 | stryker.com Stryker is the sole-source provider in the Hospital (hospitals and hospital-owned facilities), Emergency Response Services and Emergency Response Training (paramedics, professional and volunteer fire) markets in the U.S. and Canada for the following products:
• New
LIFEPAK® 15 monitor/defibrillators
• New LIFEPAK 20e defibrillator/monitors
• New LIFEPAK CR2 automated external defibrillators
• New LIFEPAK 1000 automated external defibrillators
• New LUCAS® chest compression system
• CODE-STAT™ data review software and service
Stryker is the sole-source provider in all markets for the following products and services:
• RELITM (Refurbished Equipment from the Lifesaving Innovators) devices • LIFENET® system and related software
• ACLS (non-clinical) LIFEPAK defibrillator/monitors
• LIFELINKcentral™ Government Campus Solution
• MultiTech 4G and Titan III gateways
• Factory-authorized inspection and repair services which include repair parts, upgrades, inspections and repairs Str
yker does not authorize any third parties to sell these products or services in the markets listed above. We will not fulfill orders placed by non-authorized businesses seeking to resell our products or services. If you have questions, please feel free to contact your local Stryker customer service representative at 800.442.1142.

Sincerely,
Mat
t Van Der Wende, Vice President, Americas Sales
Copyright © 2022 Stryker
M0000008130 REV AB
Stryker or its affiliated entities own, use, or have applied for the following trademarks or services marks: LIFELINKcentral, LIFEPAK, LUCAS, CODE-STAT, RELI, LIFENET, Stryker. All other trademarks are trademarks of their respective owners or holders. The absence of a product, feature, or ser vice name, or logo from this list does not constitute a waiver of Stryker’s trademark or other intellectual property rights concerning that name or logo.

ITEM 13
ITEM 13
ITEM 13
ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 27, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Christopher Hoem, Community Development Director [email protected]; (209) 538-5778
Marjorie Blom
[email protected]; (209) 538-5774
SUBJECT:

Resolution No. 2022-XX, Authorizing the City Manager to Execute a Three-Year Intergovernmental Cooperation Agreement with Stanislaus County for Participation in the Urban County Community Development Block Grant (CDBG) Program Consortium for Fiscal Years 2023-2026.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt the Resolution authorizing the City of Ceres to continue participating in the Stanislaus Urban County CDBG Program Consortium for Fiscal Years 2023- 2026.

I. BACKGROUND:

The City is a member of the Stanislaus Urban County Consortium, consisting of Stanislaus County, the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford.

Participation in the Consortium enables the County and participating jurisdictions to access funds directly from the federal government (Housing and Urban Development or HUD Community Development Block Grant Program), rather than compete for funds through the State.

Every three years, each jurisdiction within Stanislaus County has the opportunity to decide whether to continue, join, or request exclusion from the Consortium. The current three -year program cycle ends June 30, 2023.

The goals of the Consortium are to: 1) provide decent housing; 2) provide a suitable living environment, and 3) expand economic activities. Of note, not only do the participating jurisdictions ITEM 14
receive an allocation, there are also other C DBG program funds earmarked for workforce development and fair housing. These programs benefit residents within all of the Consortium jurisdictions.

As a current member of the Consortium, the City has upgraded its infrastructure (new curbs, gutters, sidewalks) consistent with the goals of the CDBG program.

II. REASONS FOR RECOMMENDATION:

Continued participation in the Stanislaus Urban County CDBG Program Consortium will allow the City to receive f ederal funds. In order to continue being a member of the Consortium, the City must formally submit a signed copy of the attached “Cooperation Agreement” to Stanislaus County.

III. ENVIRONMENTAL REVIEW:

The adoption of a resolution regarding the Cooperation Agreement is not a project and therefore not subject to CEQA.

IV. STEPS FOLLOWING APPROVAL:

The Cooperation Agreement shall be executed by the City Manager and submitted to Stanislaus County.

Approved by: ______________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Intergovernmental Cooperation Agreement
ITEM 14
RESOLUTION NO. 2022-XX

Authorizing the City Manager to Execute a Three-Year Intergovernmental Cooperation Agreement with Stanislaus County for Participation in the Urban County Community Development Block Grant (CDBG) Program Consortium for Fiscal Years 2023-2026

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres wishes to continue its participation with the Stanislaus Urban County Consortium (Consortium) for the purposes of undertaking community development and housing assistance activities, including those funded by the Community Development Block Grant (CDBG) Program; and

WHEREAS, the City of Ceres has received a request from Stanislaus County regarding whether the City would like to continue its participation in the Consortium for the next three-year program cycle from July 1, 2023 to June 30, 2026; and

WHEREAS, the goals of the Consortium are to: 1) provide decent housing, 2) provide a suitable living environment, and 3) expand economic opportunities; and

WHEREAS, a portion of the total allocation received through the Consortium includes funds earmarked for workforce development and fair housing; and

WHEREAS, the City of Ceres, by confirming its participation as a member of the Stanislaus Urban County CDBG Program Consortium through a n Intergovernmental Cooperation Agreement, will continue to be able to jointly receive entitlement funds from the federal government.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Ceres, California does hereby:

1. Approve the Intergovernmental Cooperation Agreement between Stanislaus County and the City of Ceres for the next three-year cycle from July 1, 2023 to June 30, 2026.

2. Adopt this Resolution authorizing the City Manager to execute the Intergovernmental Cooperation Agreement with Stanislaus County.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of June, 2022, by the following vote:

ITEM 14

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

__________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Kellie E. Weaver, Interim City Clerk
ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

INTERGOVERNMENTAL COOPERATION AGREEMENT

STANISLAUS URBAN COUNTY

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Three Year Agreement
October 1, 2023 To September 30, 2026

This Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program FY 2023-2025 (which begins on October 1, 2023 and ends on September 30, 2026) Agreement entered into this 9th day of June, 2022, by and between the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford, each a municipal corporation of the State of City Cities
Department of Pl County
Parties Party

WITNESSETH
WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled The Act.
legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; and
WHEREAS, Tit
housing and community development within metropolitan cities and urban counties or communities by providing financial assistance annually for area-wide plans and for housing, public services and public works programs; and
WHEREAS, the Community Development Block Grant Program (hereinafter referred to as

CDBG HOME
Program nts ESG
consolidated under Title I of the Act Programs ); funds from the Programs are Program Funds and
WHEREAS, the Stanislaus Urban County Urban County formed in 2000 to receive entitlement CDBG and ESG funds. The Urban County includes the unincorporated areas of Stanislaus County and the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford; and
WHEREAS, since 1991, Stanislaus County has been a member jurisdiction in the City of Turlock/Stanislaus HOME Consortium (hereinafter referred to as the Consortium to obtain a direct allocation of funds under the Cranston-Gonzalez National Affordable Housing Act of 1990.

The Consortium includes the City of Turlock and all of the Urban County participants. In 2022, the City of Turlock notified the County that it was withdrawing as Lead Agency for the Consortium effective September 30, 2022. The County has agreed to take over as Lead Agency for the Consortium effective October 1, 2022; and
ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

WHEREAS, because Turlock opted out of the Urban County, Turlock is not entitled to receive any Program Funding under this Agreement. However, the County and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford have entered into or will enter into a separate Consortium Agreement relating to funding through the HOME Program Consortium Agreement ; and
WHEREAS, the CDBG regulations issued pursuant to the Act provide that qualified urban counties must submit an application to the HUD for Program Funds, and cities and smaller communities within the metropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part of a more comprehensive County effort; and WHEREAS, to have their populations counted and to be eligible for an allocation of grant funding, the Cities desire to participate jointly with the County in the Programs; and WHEREAS, as the Urban County applicant, the County must take responsibility and assume all obligations of an applicant under federal statues, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances of certifications; and WHEREAS, by executing this Agreement, the Parties hereby give notice of their intention to participate in the Programs.

NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the Parties agree as follows:

1. Scope of Agreement. This Agreement covers the CDBG Entitlement program and, where applicable, the HOME Investment Partnerships (HOME) and Emergency Solutions Grants (ESG) Programs (i.e., where the Urban County receives funding under the ESG program, or receives funding under the HOME program as an urban county or as a member of a HOME consortium).

2. Full Cooperation and Affordable Housing . The County and the Cities, each as a cooperating unit of general local government, agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities.

3. Term of Agreement.

a. The term of this Agreement shall be for a period of three (3) years commencing on October 1, 2023 and ending on September 30, 2026 (Federal FY 2023-2025), for the County/City program years commencing on July 1, 2023 and ending on June 30, 2026.

b. This Agreement shall remain in effect until the CDBG (and, where applicable, HOME and ESG) funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. The County ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

and each City cannot terminate or withdraw from this Cooperation Agreement while it remains in effect.

c. By the date specified in HUD's Urban County qualification notice for the next three year qualification period, the Urban County will notify the City in writing of its right not to participate.

A copy of the County's notification to the jurisdiction must be sent to the HUD Field Office by the date specified in the Urban County qualification schedule.

4. Responsible Officers. The Officer is the responsible officer for the County, and the Director of the Stanislaus County Department of Planning and Community Development Director is hereby authorized to implement and administer Program activities and requirements on behalf of the County. The City Manager or his/her designee for each City is hereby authorized to act as the responsible officer for each City under the Programs.

5. Cities as Subrecipients.

a. Pursuant to the Act and 24 CFR 570.501(b), each City is subject to the same requirements applicable to subrecipients as set forth in 24 CFR 570.503. Where a City carries out an eligible activity funded by the Urban County, the Urban County and the City shall, prior to disbursing any Program Funds for any such activity or project, execute a written Subrecipient Agreement containing the minimum requirements found at 24 CFR 570.503. The Subrecipient Agreement must remain in effect during any period that the unit of local government has control over CDBG funds, including program income.

b. The written Subrecipient Agreement between the County and each City shall specify whether program income received is to be returned to the County or retained by the City.

Where program income is to be retained by the City, the Subrecipient Agreement shall specify the activities that will be undertaken with the program income and that all provisions of the written agreement shall apply to the specified activities. (See 24 CFR 570.504).

6. Acknowledgement by Cities. By executing this Agreement, each City understands that it a) may not apply for grants from appropriations under the State CDBG Program for the fiscal years during the period in which it participates in the Urban County's CDBG program; and b) may receive a formula allocation under the HOME Program only through the Urban County.

7. Ad Hoc Committee and Panel.

a. Each Party to this Agreement (i.e., the governing body or its designee) shall designate one individual from its staff to serve on the ad hoc Technical Committee and the ad hoc Ranking Panel (each, a
Designated Representative An alternate may be designated to serve if the Designated Representative is unable to attend. Each Designated Representative shall act on behalf of and in an advisory capacity to its respective jurisdiction.

ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

b. An ad hoc Technical Committee consisting of one (1) Designated Representative from the County and one (1) Designated Representative from each participating City may meet from time to time to review, aid in development, and provide recommendations on policies, procedures, and documentation required by HUD for the implementation and administration of Program Funds. The Technical Committee will facilitate distribution of information to residents within their respective jurisdictions and the opportunity to participate in the development of programs and priorities.

c. An ad hoc Ranking Panel consisting of (1) representative from the County, one (1) Designated Representative from each participating City may meet from time to time to review, evaluate, and rank projects proposing to be funded with Program Funds. The Panel shall convene as determined necessary by the County. Panel rankings will be used by the County in making recommendations for allocation and awarding of funding.

8. Consolidated Plan.

a. Each City shall assist the County by participating in the preparation of a Consolidated Plan pursuant to 24 CRF 91.1-91.600, which identifies community development and housing needs, projects and programs for each City, and specifies both short and long-term City objectives, consistent with requirements of the Act. The County agrees to: (1) include City projects the program application, and (2) take into consideration priorities as submitted by each
City.

b. The County has final responsibility for selecting CDBG (and, where applicable, HOME and ESG) activities and submitting the Consolidated Plan to HUD. However, since the County is a member of a HOME Consortium, as the lead Agency the County will approve the Plan for the entire geographic area encompassed by the Consortium prior to its submittal to HUD. The Parties hereto agree that the responsible entity with the final responsibility for analyzing needs, setting objectives, developing plans, selecting projects for community development and housing assistance, selecting CDBG Public Service and ESG programs to be funded, and filing the Consolidated Plan, and other plans and reports required by the Act, is the County.

c. Each City understands and agrees that the County shall have final responsibility for selecting the Program activities and projects to be included in each annual grant request and project grant request and for filing the Consolidated Plan with HUD on an annual basis.

d. During the period of time during which the County has qualified as an Urban County, the Parties agree not to veto or otherwise obstruct the implementation of the approved Consolidated Plan during that three-year period and for such additional time as may be required for the expenditure of funds granted for that period.

9. Grant Eligibility . The Parties acknowledge that they shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement which the Parties are participating in the Urban County CDBG entitlement program; and further, each City shall not be eligible to participate in the HOME, or ESG Programs except through the Urban County or the Consortium Agreement.

10. County Responsibility.
a. The County shall, as applicant, be responsible for holding meetings and preparing and submitting the required plans and applications for CDBG, HOME and ESG Program Funding as required by the Act and the applicable federal regulations. b. The County shall be the primary general-purpose local governmental unit pursuant to the Act. The County shall apply for grants, execute grant agreements, administer all funds received, and undertake or assist in undertaking essential community development and housing assistance activities. The County shall have the authority to carry out activities which will be funded from annual Program Funds covered by this Agreement. Records shall be kept by County in accordance with approved accounting procedures and said records shall be available for public inspection at all times. The County shall be responsible thereunder for the proper performance, implementation or monitoring of the plans and the Programs. c. The environmental effects of activities carried out with Program Funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. The County is the responsible entity for the environmental review and each City agrees to assist the County by securing all information and documentation relating to projects within their respective jurisdictions under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), if required, including paying for consulting services and technical evaluations, and providing the same to the County for final review and approval.

11. City Responsibilities.
a. Each City agrees to undertake the necessary actions to efforts to obtain Program Funding, and to meet the requirements of the Programs under the Act and the applicable laws and regulations.
b. Each City agrees to act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under the Consortium Agreement (when applicable), the Allocation Agreement(s), Subrecipient Agreement(s) and all Grant Agreements (collectively, Program Agreements ).

12. Compliance with Urban County Certification and Applicable Laws.

ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

a. The County and each City agrees to take all actions necessary to assure compliance with the Urban County's certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR

5.151 and 5.152, available at https://www.federalregister.gov/documents/2021/06/10/2021- 12114/restoring-affirmativelyfurthering-fair-housing-definitions-and-certifications. These requirements include the obligation to comply with section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968. The County and the Cities also agree to comply with other applicable laws. This Agreement prohibits Urban County funding for activities that do not affirmatively further fair housing within its own jurisdiction or that impede the County's actions to comply with the County's fair housing certification.

13. Program Funding

a. All funds received by the County pursuant to this Agreement shall be identified and allocated pursuant to HUD regulations and as described in the Annual Action Plan to the specific HUD approved projects or activities; provided, however, that a different distribution may be made when required by HUD to comply with Title I of the Housing and Community Development Act of 1974, as amended.

b. The County shall notify the participating Cities of the availability of the funds. It is understood by the Parties, hereto, the Program funds being used for the purposes of this Agreement are funds furnished to the County, through HUD, pursuant to the provisions of the Act.

Notwithstanding any other provision of this Agreement, the liability of the County shall be limited to Program funds actually received by the County. Each City understands that the County must wait for release of Program funds from HUD before the funds may be distributed. The County shall incur no liability to any City, its officers, agents, employees, suppliers, or contractors for any delay in making any such payments. All requests for payment requests must be made on forms approved by HUD and the County, with supporting documentation required by HUD and the County.

c. Program Administrative Costs may be allocated pursuant to 24 CFR 570.206 and applicable laws and regulations.

ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

14. Public Services. An amount not to exceed fifteen (15) percent of the total annual CDBG funds, may be allocated for eligible public services, as defined in 24 CFR 570.201, and related projects. Eligible public services (labor, supplies, and materials) include but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare (but excluding the provision of income payments identified under 24 CFR 570.207(b)(4)), homebuyer down payment assistance, or recreational needs. (24 CFR 570.201(e)).

15. Program Income.

a. Program income shall be tracked received, expended and reported as required by 24 CFR 570.504 and applicable laws and regulations.

b. The County shall monitor the use of any program income. Each City shall maintain appropriate record-keeping and provide prompt reporting of program income.

16. Change in Use of Property . A Cit written approval to modify or change the use of real property acquired or improved in whole or in part using Program Funds, to a use which was not contemplated at the time of acquisition or improvement, including disposition. Such notification shall be made within six (6) months before the effective date of such proposed change of use, and any change in use shall comply with the provisions of 24 CFR 570.505.

17. Fair Housing Implementation. The Parties agree no Program funding shall be allocated or expended for activities in or in support of any cooperating unit of general local government that actions to comply with its fair housing certification.

18. Claims and Indemnification.

a. To the fullest extent permitted by law, a Party (including its employees, agents, elected officials and volunteers) whose act, omission, negligence, misconduct or other fault gives rise to any claim, loss, liability, cost or expens
fees, court costs, penalties, claims for reimbursement and sanctions (hereinafter collectively Parties from and against any and all such claims.

b. Each City agrees to indemnify and hold harmless the County and each of their respective officers, directors, agents, designated representatives, employees and affiliates ims arising out of, or in any way related to any its
negligence or wrongful acts, breach or failure to comply with the terms and conditions of this Agreement or the Program Agreements, or failure to comply with applicable law. The obligations under this provision are independent of all other rights or obligations set forth herein. This ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

indemnification provision shall survive the disbursement of the Award funds, as well as any termination of this Agreement or the Program Agreements.

19. Audit. Each City agrees to cooperate, at no cost to the County, in any audit of Program activities involving Program Funds received by that City, including not limited to preparing appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 24 CFR 200.510; promptly follow up and take corrective action on audit findings; comply with any corrective action plans issued in connection with the audit; and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required applicable regulations.

20. Default and Remedial Action. Pursuant to 2 CFR 200, et seq., if a Party fails to comply with any term(s) outlined in this Agreement or the Program Agreements, the County may take appropriate corrective or remedial action against the defaulting Party in accordance with 2 CFR 570.910.

21. Consolidated and Further Continuing Appropriations Act. No City may sell, trade, or otherwise transfer all of any portion of Program funds to another metropolitan city, Urban County, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives Program funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under Title I of the Act.

22. Allocation Agreement. For each fiscal year during the term of this Agreement, the County and each City may enter into an Annual Allocation Agreement, prepared jointly by the County and each City, which identifies
of Program funds that the County will
administer during that program year. The reimbursements made shall not exceed the amount of the annual allocation.

23. Amendments. Any amendments to this Agreement shall be in writing. Parties agree any such fully executed amendment or amendments to this Agreement may be entered into at any time if required or necessary to implement the plans contemplated hereunder, or to comply with any related grant agreement or the regulations issued pursuant to the Act. Periodically, statutory or regulatory changes may require the County to amend this Agreement to add the new provision(s).

The County may draft a separate amendment to its existing agreements that includes the new provision(s) rather than drafting a new Cooperation Agreement that contains the new provisions.

However, the separate amendment must be executed by the City Manager of each of the Cities or his/her designee.

24. Compliance with Federal Regulations.

a. General. The Parties agree to take all actions necessary to assure compliance with the Urban County
104(b) of Title I of the Housing and
Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

1964, the Fair Housing Act, affirmatively furthering fair housing, Section 109 of Title I of the Housing and Community Development Act of 1974; the National Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real Property Acquisition Act of 1970; and other applicable laws.

b. Citizen Participation. The Parties agree to comply with federal citizen participation requirements of 24 CFR Part 91, and provide citizens with:

i) An estimate of the amount of Program funds proposed to be used for activities that will benefit persons of low and moderate income; and

ii) A plan for minimizing displacement of persons as a result of Program - assisted activities and programs, and to provide assistance to such persons.

c. Citizen Participation Plan. The Parties agree to follow a citizen participation plan which:

i) Provides for and encourages citizen participation, particularly those of low or moderate income who reside in slum or blighted areas where CDBG funds are proposed to be used;
ii) Provides citizens with reasonable and timely access to local meetings, staff reports, and
regulations related to the actual use of funds under the Act;

iii) Provides for meetings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least: 1) formulation of needs; 2) review of proposed grant activities; and 3) review of program performance; for which public hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation of handicapped persons;

iv) Provides for a timely written answer to written complaints and grievances, within 15 working days where practicable;

v) Identifies how the needs of non-English speaking residents will be met in the case of meetings where a significant number of non-English speaking residents can be reasonably expected to participate.

25. Conflict of Interest . No federal grant monies have been paid or will be paid, by or on behalf of the Parties, to any officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement.

ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

26. Influence. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and

27. Certifications Disclosure . The Parties agree to include this certification in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was entered into.

a. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances. In accordance with Section 519 Public Law 101-144 (the 1990 HUD Appropriations Act), each Party certifies that it has adopted and is enforcing:

i) A policy prohibiting the use of excessive force by law enforcement agencies within their respective jurisdictions against any individuals engaged in non-violent civil rights demonstrations; and

ii) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within their jurisdictions.

28. Qualification Documentation. A fully executed copy of this Agreement, together with the approving resolutions of both the City and the County, shall be submitted to HUD by the County as part of its qualification documentation and the City does hereby give the County the authority to carry out Program activities and projects which will be funded from annual Program funds during the term of his agreement and from any Program income generated from the expenditures of those funds.

29. HUD Certification. Program recipients shall make all certifications required under 24 CFR 91.225 and applicable laws and regulations.

30. Maintenance of Records . Each City shall maintain records of activities for any projects undertaken pursuant to the Programs and said records shall be open and available for inspection by auditors assigned by HUD and/or the County on reasonable notice during the normal business hours of the City.

31. General Provisions.

ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

a. Headings or captions to the provisions of this Agreement are solely for the convenience of the parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this Agreement.

b. Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which any Consortium Member shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first class mail to the respective parties as set forth in Attachment 1 to this Agreement.

c. This Agreement shall be deemed to be made under and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this Agreement shall have venue in the County of Stanislaus, State of California.
d. The Board of Supervisors and the City Council of each City shall authorize this Agreement. The Chief Executive Officer of the County or the City Manager of the City, or their authorized designees must sign this Agreement on behalf of their respective jurisdiction. This Agreement must include as attachments the authorizing resolutions from the governing body stating that the party signing the agreement has the authority to sign the Agreement.

e. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first hereinabove written.

[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement STANISLAUS COUNTY:

By _____________________________ ________________________ Jody Hayes Dated
Chief Executive Officer
APPROVED AS TO CONTENT:

Angela Freitas, Director
Planning and Community Development Department
By ____________________________
Angela Freitas
Director

OPINION OF COUNTY COUNSEL
The terms and provisions of this Agreement are fully authorized under Federal, State and local law. This Agreement provides that Stanislaus County will serve as Lead Agency under applicable laws and regulations; and that Stanislaus County has the authority to undertake, or assist in undertaking, essential community renewal and lower income housing assistance activities.

STANISLAUS COUNTY COUNSEL
Thomas E. Boze
By: __________________________

Thomas E. Boze, County Counsel
ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

CITY OF CERES:

By ___________________________ ________________________ Javier Lopez Dated
Mayor

ATTEST:

By ___________________________
Cristina Aguilar
Deputy City Clerk

APPROVED AS TO CONTENT:

By ____________________________
Alex Terrazas
City Manager

APPROVED AS TO FORM:

By ___________________________
Tom Hallinan
City Attorney
ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

CITY OF HUGHSON:

By ___________________________ ________________________ George Carr Dated
Mayor

ATTEST:

By ___________________________
Ashton Gose
Deputy City Clerk

APPROVED AS TO CONTENT:

By ____________________________
Merry Mayhew
City Manager

APPROVED AS TO FORM:

By ____________________________
Daniel J. Schroeder
City Attorney
ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

CITY OF NEWMAN:

By ___________________________ ________________________ Casey Graham Dated
Mayor

ATTEST:

By ___________________________
Mike Maier
City Clerk

APPROVED AS TO CONTENT:

By ____________________________
Michael E. Holland
City Manager

APPROVED AS TO FORM:

By ____________________________
Nubia Goldstein
City Attorney
ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

CITY OF OAKDALE:

By ___________________________ ________________________ Cherilyn Bairos Dated
Mayor

ATTEST:

By ___________________________
Rouze Roberts
City Clerk

APPROVED AS TO CONTENT:

By ____________________________
Bryan Whitemyer
City Manager

APPROVED AS TO FORM:

By ____________________________
Tom Hallinan
City Attorney
ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

CITY OF PATTERSON:

By ___________________________ ________________________ Dennis McCord Dated
Mayor

ATTEST:

By ___________________________
Aracely Alegre
City Clerk

APPROVED AS TO CONTENT:

By ____________________________
Ken Irwin
City Manager

APPROVED AS TO FORM:

By ____________________________
Tom Hallinan
City Attorney

ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

CITY OF RIVERBANK:

By ___________________________ ________________________ Dated
Mayor

ATTEST:

By ___________________________
Annabelle Aguilar
City Clerk

APPROVED AS TO CONTENT:

By ____________________________

Marisela Garcia
City Manager

APPROVED AS TO FORM:

By ___________________________
Tom Hallinan
City Attorney
ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

CITY OF WATERFORD:

By ___________________________ ________________________ Jose Aldaco Dated
Mayor

ATTEST:

By ___________________________
Patricia Krause
City Clerk

APPROVED AS TO CONTENT:

By ____________________________
Michael G. Pitcock
City Manager

APPROVED AS TO FORM:

By ___________________________
Corbett Browning
City Attorney
ITEM 14
2023-2025 CDBG Urban County Intergovernmental Cooperation Agreement

Attachment 1
Member Notice Information

County of Stanislaus
Department of Planning and Community Development
Attention: Deputy Director
1010 Tenth Street, Suite 3400
Modesto, CA 95354

City of Ceres
Department of Planning and Building
2720 Second Street
Ceres, CA 95307

City of Hughson
Department of Community Development
P.O. Box 9
Hughson, CA 95326

City of Newman
Department of Community Development
P.O. Box 787
Newman, CA 95360

City of Oakdale
Department of Community Development
455 S. Fifth Street
Oakdale, CA 95361

City of Patterson
Department of Community Development
P.O. Box 667
Patterson, CA 95363

City of Riverbank
Department of Economic Development and Housing
6707 3rd Street
Riverbank, CA 95367

City of Waterford

P.O. Box 199
Waterford, CA 95386
ITEM 14

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 27, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Christopher Hoem, Community Development Director [email protected]; (209) 538-5778
Marjorie Blom
[email protected]; (209) 538-5774
SUBJECT:

Resolution No. 2022-XX, Authorizing the City Manager to Execute a One-Year Consortium Agreement with Stanislaus County for Participation in the HOME Investment Partnership s Program Consortium for Fiscal Year 2022-2023.

Resolution No. 2022-XX, Authorizing the City Manager to Execute a Three-Year Consortium Agreement with Stanislaus County for Participation in the HOME Investment Partnerships Program Consortium for Fiscal Years 2023-2026.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt two separate Resolutions, authorizing the City of Ceres to participate in the HOME Investment Partnerships Program Consortium with Stanislaus County for Fiscal Year 2022-2023 and Fiscal Years 2023-2026, respectively .

I. BACKGROUND:

The City has been a member of the HOME Investment Partnerships Program as previously administered through the City of Turlock. This HOME consortium consisted of Stanislaus County, the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock, and Waterford.

However, in early 2022, the City Council of the City of Turlock voted not to continue being the Lead Agency to administer the HOME consortium funds. Thus, in order for the County and participating jurisdictions to continue accessing funds directly from the federal government (Housing and Urban Development HOME Investment Partnerships Program), rather than compete for funds through the State, each participating jurisdiction must sign new HOME ITEM 15
Investment Partnerships Program Consortium A greements with the County as the new Lead Agency of this program.

The HOME Investment Partnerships Program provides funds to state and local governments for acquisition, rehabilitation, new construction of affordable housing, and tenant based rental housing. The City of Ceres has utilized HOME funding for its First-time Homebuyer Program, as noted in the City’s adopted General Plan and Housing Element.

II. REASONS FOR RECOMMENDATION:

Participation in the HOME Investment Partnerships Program Consortium with Stanislaus County will allow the City to continue to receive federal housing funding. In order to be a member of the HOME Consortium, the City must formally submit signed copies of the One-Year (FY 2022-2023) and Three-Year (FYs 2023-2026) Consortium Agreements to Stanislaus County.

III. ENVIRONMENTAL REVIEW:

The adoption of resolutions regarding the HOME Investment Partnerships Program Consortium Agreements for Fiscal Year 2022- 2023 and Fiscal Years 2023- 2025 are not a project and therefore not subject to CEQA.

IV. STEPS FOLLOWING APPROVAL:

The HOME Investment Partnerships Program Consortium Agreements, for Fiscal Year 2022- 2023 and Fiscal Years 2023- 2026, shall be executed by the City Manager and submitted to Stanislaus County.

Approved by: ______________________
Alex Terrazas, City Manager
Attachments:

City Council Resolution, Executing a One- Year C onsortium Agreement with Stanislaus County for Participation in the HOME Investment Partnerships Program HOME Investment Partnerships Program Consortium Agreement – One-Year Agreement for Fiscal Year October 1, 2022 to September 30, 2023 City Council Resolution, Executing a Three- Year Consortium Agreement with Stanislaus County for Participation in the HOME Investment Partnerships Program HOME Investment Partnerships Program Consortium Agreement – Three-Year Agreement for Fiscal Years October 1, 2023 to September 30, 2026 ITEM 15
RESOLUTION NO. 2022-xx

Authorizing the City Manager to Execute a One-Year Consortium Agreement with Stanislaus County for Participation in the HOME Investment Partnerships Program Consortium
for Fiscal Year 2022-2023

THE CITY COUNCIL
City of Ceres

WHEREAS, the County of Stanislaus (“County”), a political subdivision of the State of California, and the City of Ceres (“City”) a municipal corporation, desire to participate in the HOME Investment Partnerships Program administered by the U.S. Department of Housing and Urban Development (“HUD”); and

WHEREAS, said program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderate-income households; and

WHEREAS, HUD requires that the parties enter into a Consortium Agreement for participation in the HOME Investment Partnerships Program for the period of time from October 1, 2022 to September 30, 2023 to define their rights and obligations as a participant in the Program; and

WHEREAS, the proposed Consortium Agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing; and

WHEREAS, the proposed Consortium Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in the U.S. Department of Housing and Urban Development’s HOME Investment Partnership program; thus making available funds for a variety of housing, economic development, and public services programs not otherwise available; and

WHEREAS, the City and County enter into yearly subrecipient agreements which establish administrative policies and procedures, performance standards, and guidelines for funding specific programs and projects; and

WHEREAS, the proposed Consortium Agreement is not a “project” for purposes of compliance with the provisions of the California Environmental Quality Act (“CEQA”) and the City’s CEQA Guidelines.

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

ITEM 15

1. The City Council hereby approves and authorizes the City Manager to execute the HOME Investment Partnership One -Year (FY 2022- 2023) Consortium Agreement with the County for participation in HUD’s HOME Investment Partnerships Program.

2. The City Manager is authorized to act on behalf of the City in connection with the implementation of the Consortium Agreement, ongoing operation of the HOME program, and other activities necessary to carry out the intent of the Consortium Agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

__________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Kellie E. Weaver
Interim City Clerk
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
RESOLUTION NO. 2022-xx

Authorizing the City Manager to Execute a Three-Year Consortium Agreement with Stanislaus County for Participation in the HOME Investment Partnerships Program Consortium
for Fiscal Years 2023-2026

THE CITY COUNCIL
City of Ceres

WHEREAS, the County of Stanislaus (“County”), a political subdivision of the State of California, and the City of Ceres (“City”) a municipal corporation, desire to participate in the HOME Investment Partnerships Program administered by the U.S. Department of Housing and Urban Development (“HUD”); and

WHEREAS, said program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderate-income households; and

WHEREAS, HUD requires that the parties enter into a Consortium Agreement for participation in the HOME Investment Partnerships Program for the period of time from October 1 , 2023 to September 30, 2026, to define their rights and obligations as a participant in the Program; and

WHEREAS, the proposed Consortium Agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing; and

WHEREAS, the proposed Consortium Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in the U.S. Department of Housing and Urban Development’s HOME Investment Part nership program; thus making available funds for a variety of housing, economic development, and public services programs not otherwise available; and

WHEREAS, the City and County enter into this three-year subrecipient agreement which establishes administrative policies and procedures, performance standards, and guidelines for funding specific programs and projects; and

WHEREAS, the proposed Consortium Agreement is not a “project” for purposes of compliance with the provisions of the California Environme ntal Quality Act (“CEQA”) and the City’s CEQA Guidelines.

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

ITEM 15

1. The City Council hereby approves and authorizes the City Manager to execute the HOME Investment Partnership Three- Year (FY 202 3-2026) Consortium Agreement with the County for participation in HUD’s HOME Investment Partnerships Program.

2. The City Manager is authorized to act on behalf of the City in connection with the implementation of the Consortium Agreement, ongoing operation of the HOME program, and other activities necessary to carry out the intent of the Consortium Agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

__________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Kellie E. Weaver
Interim City Clerk
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15
ITEM 15

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 27, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Christopher Hoem, Community Development Director [email protected], (209) 538-5778
Marjorie Blom, Planning Consultant
[email protected], (209) 538-5774
SUBJECT:

Resolution No. 2022-XX, Authorizing the City Manager to enter into a contract with Stanislaus Council of Governments (StanCOG) for the suballocation of Regional Early Action Planning (REAP) Grant Funds RECOMMENDED COUNCIL ACTION:

Authorizing the City Manager to enter into a contract with Stanislaus Council of Government s (StanCOG) for the suballocation Regional Early Action Planning (REAP) Grant Funds I. BACKGROUND:

The California Department of Housing and Community Development (“HCD”) released a Notice of Funding Availability (“NOFA”) for $118,750,000 for the Regional Early Action Planning Grant Program (“REAP”) to councils of governments and other regional entities with said funds to be released in three packages of funding. A San Joaquin Valley (SJV) Working Group was formed, consisting of the eight valley regional governments, which includes the Stanislaus Council of Governments (StanCOG). HCD is authorized to provide up to $18,975,000 of REAP grant funds to the members of the SJV Working Group.

On August 14, 2020, HCD approved an allocation of $10,218,830.75 in grant funds (the “Initial Grant”) to the members of the SJV Working Group. A portion of the Initial Grant is available to the members of the SJV Working Group and the majority of the REAP Funds will be allocated to the local jurisdictions for compliance with Regional Housing Needs Allocation (“RHNA”) numbers that are developed to update the housing element of the local jurisdictions as well as other planning activities that would increase housing production. The Initial Grant will be distributed in three separate funding packages and StanCOG is expected to receive approximately $415,000 and $1,065,000, as part of the first and third funding packages respectively, for a total of approximately $1,480,000 to be distributed to the local agencies.

ITEM 16
On March 17, 2021, the StanCOG Policy Board approved by Resolution 20-27 the Regional Early Action Planning (REAP) Suballocation Methodology of funding by percent of population adjusted for a minimum funding floor of $35,000 dollars, effectively suballocating appr oximately $1,480,097.57 of the REAP grant funds (“Grant Funds”) to StanCOG’s local member agencies for funding their planning activities that will accelerate housing production and facilitate compliance in implementing the 6
th cycle of RHNA and Housing Element Updates.

The REAP grant funding award consists of two funding packages: 1) an initial grant; and 2) third grant. At this time, HCD has only authorized the initial grant funding for members of the San Joaquin Valley (SJV) Working Group. For the City of Ceres, the initial REAP funds amount is $35,277.88, pending approval of the subject Memorandum of Understanding (MOU). In total, the City of Ceres is anticipated receiving $90,468.62 for the third package, for an overall total of REAP grant funds in the amount of $125,746.50.

II. REASONS FOR RECOMMENDATION:

The City of Ceres intends to utilize the initial REAP grant funding of $35,277.88, to begin the 6th Cycle Housing Element update, as well as other planning activities that would increase housing production, as indicated in the Scope of Work outlined in the subject REAP MOU. Therefore, Planning staff is requesting that the City Council authorize the City Manager to sign the MOU with StanCOG.

III. FISCAL IMPACTS:

The initial REAP grant award for the City of Ceres is $35,277.88. The REAP grant funding will be utilized to begin the City’s 6th Cycle Housing Element update and related housing studies . The REAP grant funds will significantly reduce the financial impact for the state -mandated Housing Element update which would typically be a general fund obligation (absent grant funding).

VIII. ENVIRONMENTAL REVIEW:

The adoption of a resolution regarding entering into the Regional Early Action Planning (REAP) MOU with StanCOG is not a project and therefore not subject to CEQA.

IX. STEPS FOLLOWING APPROVAL:

The REAP MOU shall be executed by the City Manager and submitted to the Stanislaus Council of Government (StanCOG).

Approved by: ________________________
Alex Terrazas, City Manager
Attachments:

1. Resolution

2. StanCOG REAP MOU

3. Budget Amendment
ITEM 16
RESOLUTION NO. 2022-XX

Authorizing the City Manager to Enter into a Contract with the Stanislaus Council of Governments (StanCOG) for the Suballocation of Regional Early Action Planning (REAP) Grant Funds

THE CITY COUNCIL
City of Ceres

WHEREAS, the Stanislaus Council of Governments (“StanCOG”) is the Regional Transportation Planning Agency (“RTPA”) and Metropolitan Planning Organization (“MPO”) for the Stanislaus region, pursuant to State and Federal designation; and

WHEREAS, pursuant to California Health and Safety Code section 50515.02, the State of California Department of Housing and Community Development (“HCD”) made available $125,000,000 in local government planning support grants to regional entities and working groups as outlined by the statute; and

WHEREAS, HCD released a Notice of Funding Availability (“NOFA”) for $118,750,000 for the Regional Early Action Planning (REAP) grant funds to councils of governments and other regional entities with said funds to be released in three packages of funding; and

WHEREAS, pursuant to section 50515.02 of the Health and Safety Code, a San Joaquin Valley Multi Agency Working Group was formed in accordance with subdivision (c), consisting of the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Governments, the Madera County Transportation Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, and the Tulare County Association of Governments, representing the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare (the “SJV Working Group”); and

WHEREAS, REAP Grant funds will be available to the members of the SJV Working Group via an initial and third round of funding. The majority of the REAP Funds will be allocated to the local jurisdictions for compliance with Regional Housing Needs Allocation (“RHNA”) numbers that are developed to update the housing element of the local jurisdictions as well as other planning activities that would increase housing production; and

WHEREAS, StanCOG is expected to receive approximately $415,000 and $1,065,000, as part of the first and third funding packages respectively, for a total of approximately $1,480,000 to be distributed to the local agencies; and

WHEREAS, the City of Ceres will be suballocated an initial REAP funding grant in the amount of $35,277.88 to be utilized consistent with the Scope of Work as outlined in the Contract (Memorandum of Understanding, or “MOU”) with StanCOG; and ITEM 16
WHEREAS, the City of Ceres may utilize up to three- percent of the allocated funding or $2,500.00, whichever is greater, for administrative costs and purposes related to eligible activities. For purposes of the MOU, administrative costs are defined as:
preparing invoices and supporting documentation; preparing quarterly progress reports; and participating in project management meetings. Additional funds may be used from other sources solely contributed by the Sub- Recipient to support the Sub -Recipient’s administration of the REAP grant; and

WHEREAS, at a later date, HCD will release the third funding package to the SJV Working Group when it has been demonstrated to HCD’s satisfaction, with proper invoicing and tracking results, that the local agencies have conducted activities to advance housing-related planning activities and have properly spent funds of the first funding package; and

WHEREAS, the Parties will amend this MOU or enter into a subsequent MOU to address the third funding package released by HCD, of which the City of Ceres is expected to receive $90,468.62 ; for a total of $125,746.50 for eligible housing related activities per the requirement of HCD and the REAP grant.

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

1. The City Council of the City of Ceres hereby authorizes the City Manager to enter into a contract (MOU) with StanCOG for the initial suballocation of $35,277.88 in Regional Early Planning Grant (“REAP”) funds.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

__________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Kellie E. Weaver, Interim City Clerk
ITEM 16
1 | P a g e

MEMORANDUM OF UNDERSTANDING
between
STANISLAUS COUNCIL OF GOVERNMENTS (StanCOG),
and

CITY OF CERES
FOR

SUBALLOCATION OF REGIONAL EARLY ACTION PLANNING (REAP) FUNDS

This Memorandum of Understanding (“MOU”) is dated June 27, 2022, for reference purposes, by and between the Stanislaus Council of Governments, a joint powers authority established under California Government Code section 6500 et seq., (hereinafter “StanCOG”) and the City of Ceres (hereinafter “Sub-Recipient”) for suballocation of Regional Early Action Planning (REAP) grant funds. StanCOG and the Sub-Recipient are individually referred to herein as “Party” and may be collectively referred to herein as “Parties”.

RECITALS
A. WHEREAS, the Stanislaus Council of Governments (StanCOG) is the Regional Transportation Planning Agency (RTPA) and Metropolitan Planning Organization (MPO) for the Stanislaus region, pursuant to State and Federal designation; and

B. WHEREAS, pursuant to California Health and Safety Code section 50515.02, the State of California Department of Housing and Community Development (“HCD”) made available $125,000,000 in local government planning support grants to regional entities and working groups as outlined by the statute; and

C. WHEREAS, HCD released a Notice of Funding Availability (“NOFA”) for $118,750,000 for the Regional Early Action Planning Grant Program (REAP) to councils of governments and other regional entities with said funds to be released in three packages of funding; and

D. WHEREAS, pursuant to section 50515.02 of the Health and Safety Code, a San Joaquin Valley Multi Agency Working Group was formed in accordance with subdivision (c), consisting of the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Governments, the Madera County Transportation Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, and the Tulare County Association of Governments, ITEM 16
2 | P a g e
representing the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare (the “SJV Working Group”); and

E. WHEREAS, HCD is authorized to provide up to $18,975,000 of REAP grant funds to the members of the SJV Working Group; and

F. WHEREAS, on August 14, 2020, HCD approved an allocation of $10,218,830.75 in grant funds (the “Initial Grant”) to the members of the SJV Working Group; and

G. WHEREAS, a portion of the Initial Grant is available to the members of the SJV Working Group and the majority of the REAP Funds will be allocated to the local jurisdictions for compliance with Regional Housing Needs Allocation (“RHNA”) numbers that are developed to update the housing element of the local jurisdictions as well as other planning activities that would increase housing production; and

H. WHEREAS, the Initial Grant will be distributed in three separate funding packages and StanCOG is expected to receive approximately $415,000 and $1,065,000, as part of the first and third funding packages respectively, for a total of approximately $1,480,000 to be distributed to the local agencies; and

I. WHEREAS, on March 17, 2021, the StanCOG Policy Board approved by Resolution 20-27 the Regional Early Action Planning (REAP) Suballocation Methodology of funding by percent of population adjusted for a minimum funding floor of $35,000 dollars, effectively suballocating approximately $1,480,097.57 of the REAP grant funds (“Grant Funds”) to StanCOG’s local member agencies for funding their planning activities that will accelerate housing production and facilitate compliance in implementing the sixth cycle of RHNA; and

J. W
HEREAS, the City of Ceres is to be suballocated $35,277.88 through the REAP Grant Funds as part of the first funding package; and

K. W
HEREAS, HCD will release the third funding package to the SJV Working Group when it has been demonstrated to HCD’s satisfaction, with proper invoicing and tracking results, that the local agencies have conducted activities to advance housing-related planning activities and have properly spent funds of the first funding package; and

L. WHEREAS, the Parties will amend this MOU or enter into a subsequent MOU to address the third funding package released by HCD; and

M. WHEREAS, StanCOG and its participating local member agencies (sub- recipients) will only conduct activities that advance their housing element update in compliance with the sixth cycle of RHNA and any other housing-related planning activities that accelerate housing production and are eligible according to HCD’s requirements; and ITEM 16
3 | P a g e

N. WHEREAS, technical assistance will be provided by StanCOG, or other members of the SJV Working Group; and

O. WHEREAS, the Sub-Recipient’s selected project manager, in coordination with StanCOG’s selected project manager, will ensure the Scope of Work is performed by the Sub- Recipient; and

P. WHEREAS, the conditions described in this MOU will begin on the Effective Date and shall be completed by June 30, 2023.

NOW THEREFORE, in consideration of the mutual promises, covenants, terms and condition hereinafter contained, the Parties hereto agree as follows:

AGREEMENT

1. Recitals
The recitals above are hereby incorporated in this Memorandum of Understanding as if fully set forth herein.

2. C ompliance with Laws:

Sub-Recipient must comply with all applicable Federal, State, local laws, codes, ordinances and regulations. Sub-Recipient must specifically comply with the provisions of California Health and Safety Code Sections 50515 et seq., outlined by California’s Department of Housing and Community Development 2020 Notice of Funding Availability (NOFA) for REAP.

Further, Sub-Recipient will require the appropriate debarment certification form from all contractors and Sub-Recipient certifies that it will not knowingly enter into any transaction with a contractor, subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State agency.

3. S
cope of Work
Sub-Recipient shall conduct the scope of work described in Exhibit “A”, “Scope of Work.” Sub-Recipient will not be compensated for activities outside the Scope of Work outlined in Exhibit “A”, unless otherwise mutually agreed upon in writing by the Parties.

4. Max imum Contract Amount
The amount to be paid to Sub-Recipient under this MOU will not exceed Thirty Five Thousand Two Hundred Seventy Seven and 88/100 Dollars ($35,277.88), which amount represents Sub-Recipients allocation under HCD’s first funding package, unless agreed upon in advance by the Parties pursuant to a written amendment signed by the authorized signer for each party. In no instance will StanCOG be liable for any payments or costs for work in excess of this amount, nor for any unauthorized or ineligible costs.

ITEM 16
4 | P a g e

5. Invoices and Progress Reports

A. Not less frequently than quarterly, Sub-Recipient will provide StanCOG with both a written report on the progress made on the Scope of Work (Exhibit “A”) and an invoice for reimbursement. Invoices shall, at a minimum, be for the periods ending March, June, September and December of each fiscal year. Invoices for work completed through June 30 of a fiscal year must be submitted by July 30. Sub-Recipient shall submit written invoices by e-mail to StanCOG at [email protected]. Sub-Recipient shall also provide to StanCOG a copy of its annual progress report that is submitted to HCD annually in April. Sub- Recipient’s failure to comply with any of the reporting requirements in this MOU may impact the ability to receive future REAP Grant Funds.

B. P
ayments to Sub-Recipient hereunder will be made in arrears. Sub-Recipient shall be paid within thirty (30) days following the receipt and approval of each invoice by StanCOG. Sub-Recipient will submit a detailed and properly documented invoice on its letterhead for reimbursement which invoice will include the following: (i) a description of the work performed, (ii) name of Sub-Recipient and Consultant personnel performing the work; (iii) a detailed accounting of costs incurred, and (iii) evidence that Sub-Recipient has already incurred costs for the Project. Attached as Exhibit “B” is StanCOG’s matrix of required supporting documentation for Sub-Recipient’s invoices. Invoices for expenditures incurred prior to the Effective Date will not be reimbursed.

C. Sub-Recipient shall submit narrative reports indicating percentage of completion with each set of invoices to allow StanCOG’s Project Manager to determine if Sub-Recipient is performing to expectations, is on schedule, is within funding limitations, as well as to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. Attached as Exhibit “C” is StanCOG’s Quarterly Reporting Form.

D. If the Sub-Recipient is seeking reimbursement for indirect costs, they must annually submit an Indirect Cost Allocation Plan (ICAP) or an Indirect Cost Rate Proposal (ICRP) to its cognizant agency for indirect costs in accordance with Title 2 Code of Federal Regulations Part 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The cognizant agency for indirect costs means the agency responsible for reviewing, negotiating, and approving indirect cost allocation plans and indirect cost proposals. The Sub-Recipient must include their estimated indirect cost rate in the project application and provide a copy of the acceptance letter from their cognizant agency for the approved ICAP or ICRP for the current fiscal year. Indirect costs may be sought for reimbursement only after the Sub-Recipient has received ICAP/ICRP approval from its cognizant agency.

E. Sub-Recipient will be notified within ten (10) business days following receipt of its invoice by StanCOG of any circumstances or data identified by StanCOG in Sub-Recipient’s invoice that would cause withholding of approval and subsequent payment. If StanCOG disputes ITEM 16
5 | P a g e
any portion of a request for payment, StanCOG shall pay the undisputed portion of such request as herein provided and shall promptly notify Sub-Recipient of the amount in dispute and the reason therefore.

F. Sub-Recipient will require its Consultants pay any subconsultants for satisfactorily completed work no later than thirty (30) days of receipt of each payment from the Sub-Recipient, unless a longer period is agreed to in writing.

G. Any costs for which the Sub-recipient receives reimbursement that is determined by a subsequent audit or other review by either StanCOG, HCD or other State of California authorities to be ineligible or otherwise unallowable, are to be repaid by the Sub-Recipient within thirty (30) calendar days of the Sub-Recipient receiving notice of audit findings and penalties or related fees, as determined by HCD or other State authorities (Health and Safety Code section 50515.04(e)). Should the Sub-Recipient fail to reimburse unallowable costs to StanCOG within thirty (30) calendar days of demand, or within such other period as may be agreed between both parties hereto, StanCOG is authorized to withhold future payments due to the Sub-Recipient.

6. T
erm/Timeline

The term of this MOU shall begin on the “Effective Date” of this MOU which shall be the last date of execution by the parties hereto. All work identified in the Scope of Work must be completed by June 30, 2023, unless terminated earlier as provide herein. No extensions will be granted.

7. A
llowable Uses of Grant Funds

A. StanCOG shall not award funds unless it is determined that the Grant Funds for the Sub-Recipient shall be expended in compliance with the 2020 Notice of Funding Availability (NOFA) for the REAP Grant Program pursuant to Division 31, Part 2, Chapter 3.1 of Health and Safety Code, Sections 50515 et seq.

B. Grant Funds shall only be used by Sub-Recipient for housing planning activities approved by StanCOG that are in accordance with the NOFA published by California Department of Housing and Community Development (HCD).

C. Grant Funds may not be used for administrative or staffing costs of persons employed by the Sub-Recipient for activities not related to the eligible housing planning activities, nor may these funds be used for consultants employed by Sub-Recipient for activities that are not related to the eligible housing planning activities.

D. Sub-Recipient shall use no more than three percent (3%) of its total Grant Funds or Two Thousand Five Hundred Dollars ($2,500.00), whichever is greater, for administrative costs and purposes related to eligible activities. For purposes of this MOU, administrative costs are defined as: preparing invoices and supporting documentation; preparing quarterly progress ITEM 16
6 | P a g e
reports; and participating in project management meetings. Additional funds may be used from other sources solely contributed by the Sub-Recipient to support the Sub-Recipient’s administration of the project.

8. A ccounting, Audit, Retention and Inspection of Records

A. Sub-Recipient, its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line.

The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment voucher or invoices.

B. Sub-Recipient shall establish a separate ledger account for receipts and expenditure of the Grant Funds and maintain expenditure details in accordance with the Scope of Work, project Schedule and budget.

C. Sub-Recipient shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP.

D. Sub-Recipient agrees that StanCOG, HCD and the State of California or their designated representative(s) shall have the right to review, obtain, copy and audit all books, records, accounts, documentation and any other materials, collectively “Records”, pertaining to the performance of this MOU.

E. Sub-Recipient agrees to provide StanCOG or its designee, HCD, or any other State or Federal agency, with any relevant information requested and will permit StanCOG or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records for the purpose of determining compliance with any applicable Federal and State laws and regulations.

F. Sub-Recipient agrees to maintain Records for a period of three (3) years after final payment under the MOU or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this MOU and any amendments, whichever is later. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the three (3) years after final payment under this MOU, all records must be retained by the Sub-Recipient, its contractors and subcontractors until completion of the action and resolution of all issues which arise from it. Records related to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of ITEM 16
7 | P a g e
the matter. StanCOG and HCD shall have the right to audit Sub-Recipient Records and interview employees.

G. If requested by StanCOG upon expiration of this MOU, Sub-Recipient will deliver all Records relevant to the Scope of Work to be delivered to StanCOG as a depository.

9. P roject Manager/Staffing

A. The Project Manager’s for the Parties are identified below. Sub-Recipient may not substitute its Project manager without prior written agreement by StanCOG, which agreement will not be unreasonably withheld. With the exception of notice of termination sent pursuant to Section 13, any notice, report or other communication required by this MOU will be mailed by first-class mail or e-mailed with confirmation of receipt to the respective Project Manager at the addresses identified below.

B. During the term of this MOU, the representative project managers for StanCOG and Sub- Recipient will be:

10. S
ubsequent MOUs

Sub-Recipient understands and agrees that subsequent MOUs may be necessary to facilitate the distribution of further grant funding from HCD under Division 31, Part 2, Chapter

3.1, section 50515 et seq. of the Health and Safety Code. The Sub-Recipient hereby commits to negotiate the terms and conditions of such subsequent MOUs in good faith, in order to achieve concurrence and ensure execution of same in a timely fashion.

11. D
isputes

A. In the event of a dispute among the Parties concerning a question of fact arising under this MOU that is not disposed of by agreement, which involves a decision by HCD’s Housing Policy Development Manager (or the Manager’s designee) who may consider any written or verbal evidence submitted by StanCOG, the decisions of HCD shall be final and not subject to further appeal pursuant to Health and Safety Code Section 50515.04(g). StanCOG shall include in such submittal to HCD any written or verbal evidence submitted to StanCOG by StanCOG Sub-Recipient
Elisabeth Hahn
Deputy Director of Planning and
Programming
Alex Terrazas
City Manager

Stanislaus Council of Governments
1111 I Street, Suite 308
Modesto, CA 95354
Telephone: (209) 525-4633
Email: [email protected]

City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Telephone: (209) 538-5751
Email: [email protected]

ITEM 16
8 | P a g e
the Sub-Recipient as part of this process. Neither the pendency of a dispute nor its consideration by HCD will excuse the Parties from full and timely performance in accordance with the terms of this MOU.

B. For other disputes and except as otherwise provided in this MOU, if a dispute arises between the Parties to this MOU, the Parties hereto agree to use the following procedure to resolve such dispute, prior to pursuing other legal remedies:

i. A meeting shall be held promptly between the Parties that will be attended by the Sub-Recipient’s Project Manager and StanCOG’s Project Manager as well as individuals with decision-making authority (to the extent reasonably possible), who will attempt in good faith to negotiate a resolution of the dispute.

C. If the Parties are unsuccessful in resolving the dispute under B.i., above, they may:

ii. Agree to submit the matter to mediation, binding judicial reference, or a private adjudicator (if all Parties so agree); or

iii. Initiate litigation following advance written notice to the other Party of not less than thirty (30) days.

D. If any Party should bring a legal action against the other to enforce the terms of this MOU, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs, as determined by a court of competent jurisdiction in said proceeding.

12. T
ermination

A. Either Party may terminate this MOU for any reason at any time upon thirty (30) days written notice. The notice for early termination may permit the Sub-Recipient or StanCOG to rectify any deficiency(ies) prior to the early termination date. The Sub-Recipient will submit any requested documents to StanCOG within twenty (20) days of the early termination notice.

B. If either party issues a notice of termination, StanCOG will reimburse Sub- Recipient for work actually performed up to the effective date of the notice of termination less any compensation to StanCOG for damages suffered as a result of Sub-Recipient’s failure to comply with the terms of this MOU.

C. Sub-Recipient will have the right to terminate this MOU in the event StanCOG is unable to make required payments, including, without limitation, a failure of HCD to appropriate funds. In such event, Sub-Recipient will provide StanCOG with ten (10) days written notice of termination. StanCOG will make payment to Sub-Recipient through the date of termination.

ITEM 16
9 | P a g e

13. Notices

A. Any notice(s) required pursuant to this MOU shall be made in writing by hand- delivery, facsimile, first-class mail (registered or certified, return receipt requested), overnight courier service, or by electronic mail if the Party to be provided notice has provided its email address to the other Party. Notices of changes or amendments to this MOU, disputes, or court action must be served pursuant to non-electronic means provided for in this section.

B. All notices shall be deemed given and effective on the earliest of: (a) the date of transmission if such notice or communication is delivered via facsimile or electronic mail prior to 5:00 p.m. PST on a business day; (b) the next business day if such notice or communication is delivered via facsimile or electronic mail later than 5:00 p.m. PST on a business day; (c) the third business day following the date of mailing if sent by U.S. mail, nationally recognized courier service; or (d) upon actual receipt by the party to whom such notice is personally given.

C. Notices may be provided at the following addresses below. Each Party reserves the right to change its address for purposes of notice by providing written notice to the other Party.

To StanCOG: Stanislaus Council of Governments
1111 I Street, Suite 308
Modesto, CA 95354
Attention: Elisabeth Hanm
Telephone: (209) 525-4600
Facsimile: (209) 558-7833
Email: [email protected]

To Sub-Recipient: City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attention: Alex Terrazas
Telephone: (209) 538-5751
Email: [email protected]

14. A mendments.

This MOU may be modified, amended, changed, added to, or subtracted from by the mutual consent of the parties hereto if such amendment or change is in written form and executed with the same formalities as this MOU and attached to the original MOU to maintain continuity.

ITEM 16
10 | P a g e

15. Insurance

A. Sub-Recipient shall, at its own expense, procure and maintain in effect at all times during this MOU, insurance coverage provided by a California admitted insurer licensed to transact business in California, as least as broad as hereinafter provided, including insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services set forth in Exhibit “A” of this MOU by the Sub- Recipient or Sub-Recipient’s agents, representatives, employees, or subcontractors as follows:

i. G
eneral Liability.

Comprehensive general liability insurance covering bodily injury, personal injury, property damage, products and completed operations with limits of no less than ONE MILLION DOLLARS ($1,000,000). If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to any act by Sub-Recipient under this MOU or the general aggregate limit shall be twice the required occurrence limit.

ii. Au
t omobile Liability Insurance.

If the Sub-Recipient or the Sub-Recipient’s officers, employees, agents, representatives or subcontractors utilize a motor vehicle in performing any of the work or services under this MOU, owned/non-owned automobile liability insurance providing combined single limits covering bodily injury damage with limits of no less than ONE MILLION DOLLARS
($1,000,000) per incident or occurrence, and providing property damage liability of no less than TWO HUNDRED FIFTY THOUSAND
DOLLARS $250,000 per incident or occurrence.

iii. W
orkers’ Compensation Insurance.

Workers’ Compensation Insurance as required by the California Labor Code. In signing this MOU, the Sub-Recipient certifies under section 1861 of the California Labor Code that Sub-Recipient is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and that the Sub- Recipient will comply with such provisions before commencing the performance of the work of this contract, as necessary.

iv. P
rofessional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000.00).

B. D eductibles, Self -Insured Retentions, Named Insured. Any deductibles, self- insured retentions, or name insureds must be declared in writing and approved by StanCOG.

ITEM 16
11 | P a g e
C. Waiver of Subrogation, Additional Insured. The insurance policies are to contain, or be endorsed to contain, the following provisions:

i. G eneral Liability and Automobile Liability Coverages.

Endorsement providing that the Sub-Recipient’s insurance shall waive all rights of subrogation against StanCOG’s insurers and StanCOG; or the Sub-Recipients’s insurance shall list StanCOG as additional insureds under the insurance policy.

ii. W orker’s Compensation Coverages.

Endorsements providing that the Sub-Recipient’s insurance shall waive all rights of subrogation against StanCOG’s insurers and StanCOG.

D. Ot her Insurance provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:

i. G eneral Liability and Automobile Liability Coverages.

Endorsements providing that such insurance is the primary insurance and no insurance of StanCOG will be called upon to contribute to a loss.

The Sub-Recipient’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

ii. Al l Coverage.

Each insurance policy required by this paragraph shall not be altered, suspended, voided, or canceled by either party, or reduced in coverage or in limits except after thirty (30) calendar days’ prior written notice by certified mail, return receipt requested, has been given to StanCOG.

Any failure of Sub-Recipient to comply with reporting provisions of the policies shall not affect coverage provided to StanCOG or StanCOG’s board members, officers, employees, or volunteers.

E. V
erification of Coverage . Prior to performing any term or condition of the MOU, Sub-Recipient shall furnish StanCOG with evidence of insurance effecting coverage required by this section.

F. Subcontractors. A ll insurance coverage for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein.

16. In demnification
Except for the active negligence or willful misconduct of StanCOG and any of its directors, officers, agents, employees, assigns, and successors in interest, the Sub -Recipient undertakes and ITEM 16
12 | P a g e
agrees to defend, indemnify, and hold harmless StanCOG and any of its directors, officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including StanCOG’s employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the acts, errors or omissions or violations of law by the Sub-Recipient, employees and agents in connection with its activities in pursuing the Project or under this MOU. The Sub-Recipient further agrees to require its Consultant(s) to provide indemnification for StanCOG to the same extent as the Sub-Recipient, in the contract(s) between the Sub-Recipient and its Consultant for work related to this Agreement.

17. I ndependent Contractor, No Joint Venture

The Sub-Recipient and its Consultant(s), officers, employees and agents shall be independent contractors in the performance of this MOU, and not officers, employees, contractors or agents of StanCOG.

18. A ssignment

Neither Party shall assign this MOU, or any part thereof, without the written consent of each Party to this MOU, which consent will not be unreasonable withheld. Any assignment without such written consent shall be void and unenforceable.

19. S
uccessors

This MOU shall bind and benefit the parties hereto and their heirs, successors and permitted assigns.

20. E ntire Agreement

This MOU contains the entire agreement of the parties and no representations, inducements, promises, or agreements otherwise between the parties not embodied herein or incorporated herein by reference shall be of any force or effect. Further, no term or provision hereof may be changed, waived, discharged or terminated unless the same is in writing executed by the parties. Sub-Recipient and StanCOG represent that in entering this MOU, they have not relied on any previous representations, inducements, or understandings of any kind or nature.

21. S everability
If any portion of this MOU or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any Federal, State or local statutes, ordinance, or regulations the remaining provisions of this MOU or application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this MOU are severable.

ITEM 16
13 | P a g e

22. Governing Law
All questions pertaining to the validity and interpretation of this MOU shall be determined in accordance with the laws of the State of California applicable to agreements made and to be performed within the State. Any dispute not resolved by informal means between the parties to this MOU may be adjudicated in a court of law under the laws of the State of California.

23. Wai ver of Default
Waiver of any default by either party to this MOU shall not be deemed a waiver of any subsequent default. Waiver or breach of any provision of this MOU shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this MOU unless modified pursuant to the terms of this MOU.

24. C ounterparts and Electronic Signatures

A. This MOU may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

B. Each Party agrees that this MOU and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this MOU or such other documents are the same as handwritten signatures for purposes of validity, enforceability and admissibility.

25. A uthority
The Sub-Recipient warrants and certifies that it possesses the legal authority to execute this MOU and to undertake administration of the proposed Project, and that a resolution, motion, or similar action has been fully adopted or passed, as an official act of the Sub-Recipient’s governing body.

***Signatures contained on next page***

ITEM 16
14 | P a g e
IN WITNESS WHEREOF, this MOU has been executed by the parties hereto and shall become effective when executed by both parties.

Stanislaus Council of Governments,
a joint powers agency
City of Ceres

Rosa De Leon Park
Its Executive Director

Date

_____________________________________
Alex Terrazas
Its City Manager

______________________________________
Date

APPROVED AS TO FORM

Monica Streeter
General Counsel

APPROVED AS TO FORM

_____________________________________
Tom Hallinan, Jr.

City Attorney

ITEM 16
15 | P a g e

Exhibit A: Scope of Work
Project Description

Local Agency: C ity of Ceres

Project/Activity N ame: Feasibility studies to determine efficient locations to site housing and infill development
Project Location: City of Ceres

Project Housing Nexus:

Check all that apply.

X Reduce Time
Reduce Development
Costs
X Infrastructure Capacity

X Impact on housing supply and/or affordability
Increase approval certainty and/or streamline
entitlements
Other: _

Project Goal Statement:
(Describe the impacts of your project on the acceleration of housing production.)

The goal of the feasibility study is to determine efficient locations to site housing and infill development within the City’s Downtown area and underutilized vacant parcels that will align with the City’s Housing Element Update (LEAP grant).

Project Description:
(Include a high-level summary of your project.)

This study would also review the feasibility and/or type(s) of new housing construction (e.g., ADUs, duplexes (on corner lots), apartments, single-family housing). Infrastructure needs will also be included for review. In addition, the feasibility study will include possible financing options to assist with the development of new housing units in order to address the upcoming Regional Housing Needs Assessment (RHNA) numbers, as defined by HCD and StanCOG.

ITEM 16
16 | P a g e
Implementation:
(Summarize plans for adoption or implementation or next steps. If the project is one component of a larger effort, such as a study that will support fee reductions, please specify how this project fits into the larger housing effort.)

The implementation of the feasibility study would include review by the public, Planning Commission and City Council; and be described in the City’s upcoming Housing Element Update.

ITEM 16
16 | P a g e

Exhibit A: Scope of Work
Project Tasks, Deliverables, Timeline and Budget Tracking

Tas
k #

Detailed Description of
Tasks /
Milestones
Task
Timeline (in
months and
year)

Deliverable(s) including
delivery date

Total
Budget

REAP
Funding
Other
Funds
(include
source)
1 Describe Task 1. Progress report and
invoicing
(quarterly)

2. Copy of Annual Progress
Report submitted to HCD
(annually in April)

3. Summary of potential
housing units impacted by
project (final deliverable
upon project completion)

1. Develop RFP for Consultant to Perform
Feasibility Study

2. Work with Finance to prepare
report/budget amendment for City Council
approval.

3. Prepare Annual HE Progress Report and
submit to HCD (April) and cc StanCOG

4. Adopt Feasibility Study and develop goals
and objectives to include in HE Update.

Proposed number of potential new housing
units based pending outcomes of feasibility
study would be 12 ADUs; 3 duplexes (6 units)
and a 25-unit senior housing complex – with
affordability to very-low and low income.

5. The City would invoice upon adoption of
feasibility study.

18 – 24 months
$125,746.50
(StanCOG)

ITEM 16
17 | P a g e

Exhibit B: Sample Invoice Report Form

ITEM 16
18 | P a g e
Exhibit C: Quarterly Reporting Form

Stanislaus Council of Governments (StanCOG)
REAP Suballocation MOU Quarterly Report

Regional
Entity
Local Agency Activity Name
StanCOG [Insert name]
California Health and Safety Code Sections 50515 to 50515.05, established for the purpose of providing regions and jurisdictions with funding for housing planning activities that process improvements to accelerate housing production and facilitate compliance to implement the sixth cycle of the Regional Housing Need Assessment (RHNA)

BRIEF ACTIVITY
DESCRIPTION:

1) BRIEFLY SUMMARIZE THE STATUS OF THE ACTIVITIES

A) Describe Tasks

B) Outline which HCD eligible activity above Activity falls under

2) STATE WHAT STILL NEEDS TO BE COMPLETED ON THIS ACTIVITY?

3) DESCRIBE HOW MUCH FUNDING WILL BE USED AND FOR WHAT
ITEM 16
19 | P a g e
A) Identify any contracts initiated

4) PROVIDE SCHEDULE OF ACTIVITIES

5) PROVIDE CONTACT INFO FOR PROJECT MANAGER/LEAD STAFF PERSON(S)

6) AMENDMENT
A) If any changes to project scope, cost, and/or schedule have occurred fill out this section, if not then skip

7) PROVIDE SIGNATURE AND DATE BELOW

PERSON PREPARING THIS REPORT (please
type or print)
PHONE and EMAIL:

APPROVAL AUTHORITY (signature)

Date:

ITEM 16

Exhibit A
Exhibit "A"
Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2022-XX, dated June 27, 2022
authorizing appropriations for the suballocation of Regional Early Action Planning (REAP) Grant Funds as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
General Fund 100 75 029900 $35,277.88

Requested Appropriation $35,277.88
2022 - 2023 Current Appropriation 0
Total Appropriation $35,277.88

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

General Fund 100 New $35,277.88

Total Estimated Revenue $35,277.88
2022 - 2023 Current Estimated Revenue +0
Total Estimated Revenue $35,277.88

Fiscal Impact: Net zero from General Fund

ITEM 16

COUNCIL AGENDA REPORT

MEETING DATE: June 27, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Leticia Dias, Finance Director [email protected] 538-5764

SUBJECT: Resolution No. 2022-XX, Authorizing the Selection of JJACPA, Inc. to Perform the Annual Audit of the City of Ceres and Its Component Units for Fiscal Year Ending June 30, 2022.

RECOMMENDED COUNCIL ACTION:

Approve Resolution No. 2022-xxx Selecting JJACPA, Inc. to perform the annual audit of the City of Ceres and its component units for fiscal years ending June 30, 2022.

I. BACKGROUND:

In June of 2011 the City selected JJACPA, Inc. to perform the an nual audit of the City and its component units for th ree years with an option for two additional years. In April of 2019 the contract was extended to include Fiscal Years 2020 and 2021. We have reached the end of the extension with the completion of the fiscal year 2021 audit. Staff is requesting to extend the contract for an additional year.

II. REASONS FOR RECOMMENDATION:

With the payroll and utility billing modules of the financial software conversion in full swing, there has not been any available time for the Finance Director to begin t he RFP process.

Additionally, it is advisable not to change auditors during times of great changes since a new auditor will not be aware of current operations and policy. Maintaining consistency in the process will lead to a more complete and accurate audit of the City’s fiscal records.

If approved subsequent to the completion of the 2022 audit staff w ill move forward with the process to select a new auditor for the 2023 audit.

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4

ITEM 17

III. FISCAL IMPACTS:

The bid is for $46,1 00 for fiscal year 2022. This item is inc luded in the 2022- 2023 approved budget. It is not guaranteed we can find another auditing firm that will complete the annual audit for the same or reduced cost.

IV. POLICY ALTERNATIVES:

Direct staff to engage in an RFP process.

V. STEPS FOLLOWING APPROVAL:

The auditing firm will be engaged for the 2021/2022 annual audit. The Finance Department will issue an RFP later this year for audit services beginning with fiscal year 2022-2023.

Approved by:______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Dollar Cost Bid

3. Engagement Letter

ITEM 17
RESOLUTION NO. 2022-XX

AUTHORIZING THE SELECTION OF JJACPA, INC. TO PERFORM THE

ANNUAL AUDIT OF THE CITY OF CERES AND ITS COMPONENT
UNITS FOR FISCAL YEAR ENDING JUNE 30, 2022

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres desires to enter into an agreement with JJACPA, Inc. to perform the annual financial audit of the City and its component units for fiscal year ending June 30, 2022; and,

WHEREAS, the services to be rendered in performing said financial audit of the City financial statements are of a type and complexity requiring services of a professional and technical character and are of a temporary nature; and,

WHEREAS, JJACPA, Inc. are licensed Certified Public Accountants and have performed this service for the Ci ty for fiscal years 2011 through 2021 with integrity and diligence; and,

WHEREAS, the staff recommends that the agreement be approved by the City Council; and,

WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds the approval of the agreement to be in the best interest of the citizens of Ceres.

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby approve the agreement as set forth in Exhibit “A” which is attached hereto and incorporated herein by reference. The City Manager is authorized to execute said Agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27th day of June 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Kellie Weaver, Interim City Clerk

ITEM 17
ITEM 17

2022
Standard Quoted Total
Hours Hourly Rates Hourly Rates Cost
Principal 55 200 $ 200 $ 11,000 $ Staff 140 175 $ 175 $ 24,500
Administrative 8 100 $ 75 $ 600 Total for audit services* 203 36,100
Single Audit 60 8,000
Gann Limit Report 4 included -
Total all-inclusive maximum price for this audit 267 44,100 included -
Out of Pocket Costs 2,000
Total all-inclusive maximum price 46,100 $
* Includes TDA and Measure H at $2,750 and $2,500, respectively City of Ceres
Dollar Cost Bid

SCHEDULE OF PROFESSIONAL FEES AND EXPENSES - TOTAL HOURS BY POS ITION FOR THE AUDIT OF THE FISCAL YEAR 2022 FINANCIAL STATEMENTS - Adjusted to include 1 additional year
Consulting or assistance regarding accounting or
bookkeeping matters
ITEM 17
ITEM 17

7080 Donlon Way, Suite 204, Dublin, CA 94568 ● phone (925) 556-6200 ● fax: (707) 232-6226 1102 South Main Street, Suite 1, Fort Bragg, CA 95437 ● phone (707) 964-6325 www.jjacpa.com

June 17, 2022

Leticia Dias
Finance Director
City of Ceres,
2720 Second Street
Ceres, CA 95307

Dear Leticia:

You have requested that we audit the financial statements of the governmental activities, the business-type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison information of City of Ceres (City), as of June 30, 2022 and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents. In addition, we will audit the entity’s compliance over major federal award programs for the period ending June 30, 2022. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audits will be conducted with the objectives of our expressing an opinion on each opinion unit an d an opinion on compliance regarding the entity’s major federal award programs.

Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic fin ancial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information (RSI) in accordance with auditing sta ndards generally accepted in the United States of America. These limited procedures will consist primarily of inq uiries of management regarding their methods of measurement and presentation, and comparing the information for consistency with management’s responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by accounting principles generally accepted in the United State s of America. This RSI will be subjected to certain limited procedures but will not be audited:

 Management’s Discussion and Analysis
 Schedule of Contributions
 Schedule of the City’s Share of the Net Pension Liability

Supplementary information other th an RSI will accompany the Cit y’s basic financial statements. We will subject the following supplementary information to the auditing procedu res applied in our audit of the basic financial statements and certain additional procedures, including compari ng and reconciling the supplementary information to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on the following supplementary information in relation to the financial statements as a whole:

 Combining and individual nonmajor fund financial statements.

ITEM 17
Schedule of Expenditures of Federal Awards

We will subject the schedule of expenditures of federal awards to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the schedule to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on whether the schedule of expenditures of federal awards is presented fairly in all material respects in relation to the financial statements as a whole.

Also, the document we submit to you will include the following other additional information that will not be subjected to the auditing procedures applied in our audit of the financial statements:

 Introductory Section

Data Collection Form

Prior to the completion of our engagement, we will complete the sections of the Data Collection Form that are our responsibility. The form will summarize our audit findings, amo unts and conclusions. It is management’s responsibility to submit a reporting package including financia l statements, schedule of expenditure of federal awards, summary schedule of prior audit findings and corrective action plan along with the Data Collection Form to the federal audit clearinghouse. The financial reporting pac kage must be text search able, unencrypted, and unlocked. Otherwise, the reporting package will not be accepted by the federal audit clearinghouse. We will assist you in the electronic submission and certification. You may request from us copies of our report for you to include with the reporting package submitted to pass-through entities.

The Data Collection Form is required to be submitted within the earlier of 30 days after receipt of our auditors’ reports or nine months after the end of the audit period, unles s specifically waived by a federal cognizant or oversight agency for audits. Data Collection Forms submitted untimely are one of the factors in assessing programs at a higher risk.

Audit of the Financial Statements

We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (U.S. GAAS), the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America; the au dit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free from material mi sstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures sel ected depend on the auditor’s judgment, including the assessment of the risks of m aterial misstatement of the fin ancial statements, whether due to error, fraudulent financial reporting, m isappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements. An audit also includes e valuating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some mater ial misstatements or noncompliance may not be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS and Government Auditing Standards of the Comptroller General of t he United States of America.

In making our risk assessments, we consider internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not ITEM 17
for the purpose of expressing an opinion on the effectiveness o f the entity’s internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit.

We will issue a written report upon completion of our audit of the City’s basic financial statements. Our report will be addressed to the governing body of the City. We cannot provi de assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions, add an emphasis-of- matter or other-matter paragraph(s), or withdraw from the engagement.

In accordance with the requirements of Government Auditing Standards , we will also issue a written report describing the scope of our tes ting over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial repor ting will not be an objective of the audit and, therefore, no such opinion will be expressed.

Audit of Major Program Compliance

Our audit of the City’s major federal award program(s) complian ce will be conducted in accordance with the requirements of the Single A udit Act, as amended; and the U niform Guidance, and will include tests of accounting records, a determina tion of major programs in accord ance with the Uniform Guidance and other procedures we consider necessary to enable us to express such a n opinion on major fede ral award program compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement.

The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the entity has complied with applicable laws and regula tions and the provisions of contracts and grant agreements applicable to major federal award programs. Our procedures will consist of determining major federal programs and performing the app licable procedures described in the U.S. Office of M anagement and Budget OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the entity’s major programs. The purpose of those procedures will be to express an opinion on the entity’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance.

Also, as required by the Uniform Guidance, we will perform test s of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecti ng material noncompliance with compliance requirements applicable to each of the entity’s major federal award programs. However, our tests will be less in scope than would be necessary to render an opin ion on these controls and, accordingly, no opinion will be expressed in our report.

We will issue a report on compliance that will include an opini on or disclaimer of opinion regarding the entity’s major federal award programs, and a report on internal controls over compliance that will report any significant deficiencies and material weakness es identified; however, such report will not express an opinion on internal control.

Management’s Responsibilities

Our audit will be conducted on the basis that management acknowledge and understand that they have responsibility:

1. For the preparation and fair presentation of the financial stat ements in accordance with accounting principles generally accepted in the United States of America;

2. For the design, implementation, and maintenance of internal con trol relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to error
ITEM 17
fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements;

3. For safeguarding assets;

4. For identifying all federal awards expended during the period i ncluding those received prior to December 26, 2014, and those received in accordance with 2CFR200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards generally received after December 26, 2014;

5. For preparing the schedule of expenses of federal awards (including notes and noncash assistance received) in accordance with Uniform Guidance requirements;

6. For the design, implementation, and maintenance of internal control over compliance;

7. For identifying and ensuring that the entity complies with laws, regulations, grants, and contracts applicable to its activities and its federal award programs;

8. For following up and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit findings;

9. For following up and taking corrective action on current year a udit findings and preparing a corrective action plan for such findings;

10. For submitting the reporting package and data collection form to the appropriate parties;

11. For making the auditor aware of any significant vendor relation ships where the vendor is responsible for program compliance;

12. To provide us with:
a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements, and relevant to feder al award programs, such as records, documentation, and other matters;
b. Additional information that we may request from management for the purpose of the audit; and c. Unrestricted access to persons within the entity from whom we d etermine it necessary to obtain audit evidence.

13. For adjusting the financial statements to correct material miss tatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current year perio d(s) under audit are immaterial, both individually and in the aggregate, to the financial statements as a whole; and

14. For confirming your understanding of your responsibilities as d efined in this letter to us in your management representation letter.

With regard to the supplementary information referred to above, you acknowledge and understand your responsibility (a) for the prepa ration of the supplementary inf ormation in accordance with the applicable criteria, (b) to provide us with the appropriate written representations regarding supplementary information, (c) to include our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary informati on, and (d) to present the supplementary information with the audited fina ncial statements, or if the su pplementary information will not be presented with the audited financial statements,
to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuanc e by you of the supplementary information and our report thereon.

As part of our audit process, we will request from management, written confirmation concerning representations made to us in connection with the audit.

We understand that your employees will prepare all confirmation s we request and will locate any documents or invoices selected by us for testing.

If you intend to publish or otherwise reproduce the financial s tatements and make reference to our firm, you agree to provide us with printers’ proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed.

ITEM 17
Fees and Timing

The timing of our audit will be scheduled for performance and completion as follows:

Begin Complete
Document internal control and preliminary tests TBD TBD Mail confirmations TBD TBD
Delivery of Trial Balance TBD TBD
Perform year-end audit procedures TBD TBD
Issue audit reports TBD TBD

Joseph J. Arch, CPA, is the engagement partner for the audit se rvices specified in this letter. His responsibilities include supervising JJACPA’s services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the audit report.

Our fees are based on the amount of time required at various le vels of responsibility, plus actual out-of-pocket expenses. Invoices will be rendered every two weeks and are payable upon presentation. We estimate that our fee for the audit will be $46,100. We will notify you immediately of any circumstances we encounter that could significantly affect this initial fee estimate. Whenever possible, we will attempt to use the City’s personnel to assist in the preparation of schedules and analyses of accounts. This effort could substantially reduce our time requirements and facilitate the timely conclusion of the audit.

We will provide the City with the following nonattest services:
 Prepare the annual financial statements based on information in the trial balance and other relevant information that is provided by, and is the responsibility of, management.

With respect to any nonattest services we perform, the City’s m anagement is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services perfo rmed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) establishing and maintaining internal controls, including monitoring ongoing activities.

Government Auditing Standards require that we document an asses sment of the skills, knowledge, and experience of management, should we participate in any form of preparation of the basic financial statements and related schedules or disclosures as these actions are deemed a non-audit service.

This agreement shall be governed by the laws of the State of Ca lifornia. If a dispute arises out of the audit engagement described herein and if the dispute cannot be settle d through negotiations, the parties agree first to try in good faith to settle the dispute by mediation using an agreed upon mediator. If the parties are unable to agree on a mediator, the parties shall petition the state court that would have jurisdiction over this matter and request the appointment of a mediator, and such appointment shall be binding on the parties. Each party shall be responsible for its own mediation expenses and shall share equally in the mediator's fees and expenses.

Other Matters

During the course of the engagement, we may communicate with you or your personnel via fax or e-mail, and you should be aware that communication in those mediums contains a risk of misdirected or intercepted communications.

The audit documentation for this engagement is the property of JJACPA and constitutes confidential information.

However, we may be requested to make certain audit documentation available to state and federal agencies and the U.S. Government Accountability Office pursuant to authority given to it by law or regulation, or to peer reviewers.

If requested, access to such audit documentation will be provid ed under the supervision of JJACPA’s personnel.

ITEM 17
Furthermore, upon request, we may provide copies of selected audit documentation to these agencies and regulators.

The regulators and agencies may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. We agree to reta in our audit documentation or work papers for a period of at least seven years from the date of our report.

Further, we will be available during the year to consult with you on financial manageme nt and accounting matters of a routine nature.

During the course of the audit, we may observe opportunities fo r economy in, or improved controls over, your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing.

At the conclusion of our audit engagement, we will communicate to the City Council the following significant findings from the audit:

 Our view about the qualitative aspects of the entity’s significant accounting practices;  Significant difficulties, if any, encountered during the audit;  Uncorrected misstatements, other than those we believe are trivial, if any;  Disagreements with management, if any;
 Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight of the financial reporting process;  Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures;
 Representations we requested from management;
 Management’s consultations with other accountants, if any; and  Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management.

In accordance with the requirements of Government Auditing Standards , we have attached a copy of our latest external peer review report of our firm for your consideration and files.

Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements compliance over major federal award programs including our respective responsibilities.

We appreciate the opportunity to be your financial statement auditors and look forward to working with you and your staff.

Respectfully,

]ÉáxÑ{ ] TÜv{? VcT
JJACPA, Inc.
7080 Donlon Way, Suite #204
Dublin, CA 94566

ITEM 17

***************************************************************

RESPONSE:

This letter correctly sets forth our understanding.

City of Ceres

Acknowledged and agreed on behalf of the City of Ceres by:

Name: ______________________________________________

Title: _____________________________________________

S i g n a t u r e :

Date: ___________________________

ITEM 17
ITEM 17

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 27, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Sam Royal, Interim Director of Public Works
[email protected], (209) 538-5617
SUBJECT:

Resolution No. 2022 -59, Approv ing the Electric Vehicle Charging Station License Agreement with the Turlock Irrigation District, and Authorizing the City Manager to Execute the Contract.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the Electric Vehicle Charging Station License Agreement (“License Agreement”) between the City of Ceres and the Turlock Irrigation District (“TID”) in order for TID to install, operate and maintain one (1) Dual-port Electric Vehicle (“EV”) Charging Station for public use at the Ceres Community Center Parking Lot (2701 4 th Street, Ceres, California) and authorizing the City Manager to execute the License Agreement.

I. BACKGROUND:

The City Council had considered this item on June 13 th council meeting and asked for alternate locations for the proposed charging station, were TID is implementing an EV Charging Station program where it will install, operate and maintain EV Charging Stations for public use in approximately ten locations within its electrical service area. The first such location will be located at Ceres Community Center south parking lot located at 2701 4 th Street, Ceres, California with
two (2) potential locations for EV charging station. See attachment for locations.

II. REASONS FOR RECOMMENDATION:

The TID-operated EV Charging Station will be available for public use and will promote the use of electric vehicles. TID will be responsible for the costs of installing, operating, and maintaining the EV Charging Station. The City will not incur any additional expenses in approving the License Agreement.

III. FISCAL IMPACTS:

The City will not be required to contribute any funds towards this project, as TID will be responsible for installation, operation, and maintenance of the EV Charging Station.

ITEM 18
IV. POLICY ALTERNATIVES:

The City Council can choose to direct staff to reject the License Agreement.

V. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VI. PUBLIC PARTICIPATION:

There were no committees or public participation involved in this project.

VII. ENVIRONMENTAL REVIEW:

The project is CEQA Categorical Exemption as per Section 15301(c) Existing Faculties.

VII. STEPS FOLLOWING APPROVAL:

The License Agreement will be transmitted to TID for signature by its authorized representative.

The City Manager will finalize the Agreement with the County and execute the document.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Electric Vehicle Charging Station License Agreement

3. Project Location Map
ITEM 18
RESOLUTION NO. 2022-59

APPROVING THE ELECTRIC VEHICLE CHARGING STATION

LICENSE AGREEMENT WITH THE TURLOCK IRRIGATION DISTRICT

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres Community Center property located at 2701 4th Street, Ceres, California (the “Property”); and,

WHEREAS, the Property consists of a public parking lot for use in connection with City offices and business; and,

WHEREAS, the Turlock Irrigation District (“TID”) desires to install, operate and maintain one (1) Dual -port Electric Vehicle (“EV”) Charging Station within the public parking lot portion of the Property as set forth in greater detail in the Electric Vehicle License Agreement between the City and TID; and,

WHEREAS, the City of Ceres will not incur any financial obligation as a result of approving the Electric Vehicle License Agreement; and,

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Ceres that the Electric Vehicle License Agreement is approved and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of June 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_______________________________
Javier Lopez, Mayor

ATTEST:

__________________________________
Kellie E. Weaver, Interim City Clerk
ITEM 18
ITEM 18

ELECTRIC VEHICLE CHARGING STATION

LICENSE AGREEMENT

This Electric Vehicle Charging Station License Agreement (“Agreement”) is entered into as of the __ day of _______, 2022 (“Agreement Date”) by and between the City of Ceres, a political subdivision of the State of California ("CITY") and the Turlock Irrigation District, a California irrigation district ("TID").

RECITALS

A. CITY is the fee simple owner of certain real property located at 2701 4 th Street,
Ceres, CA, 95307 “Ceres Community Center”;

B. TID is the electrical service provider within TID’s electrical service area and has undertaken to install, operate and maintain various electrical vehicle charging stations.

C. The parties recognize the mutual benefit of having TID install , maintain and operate electric vehicle recharging stations on the Property and desire to enter into this Agreement for that purpose.

NOW THEREFORE for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the parties, CITY and TID hereby agree as follows:

A G R E E M E N T

1. INCORPORATION OF RECITALS. T he Recitals set forth above, and any exhibits referenced herein, are each incorporated into the body of this Agreement as if set forth in full.

2. Grant of License. CITY gr
ants to TID for the Term of this Agreement: (a) an
exclusive and irrevocable license to use and occupy a portion of the Property as more particularly described on Exhibit A hereto (the “Premises”) for the Purpose, as defined below; and (b) any necessary easements for access and utilities for the Purpose.

3. Purpose. The Premises may be used by TID
for any lawful activity in connection with
the design, development, construction, installation, maintenance, repair, replacement, removal, security, and operation of electric vehicle chargers and ancillary items, including, without limitation, electrical equipment, hardware, software, signage and all supporting equipment and structures (collectively, the “Charging Station”), together with any other uses permitted herein (“Purpose”), on the terms and conditions set forth in this Agreement.

4. Term & Termination .

The term of this Agreement (as extended or renewed from time to time, the “Term”) shall commence on the Agreement Date and terminate five (5) years from the date that the Charging Station is first operational (“Commencement Date”). TID shall send CITY notice of the Commencement Date within thirty (30) days of the Commencement Date.

ITEM 18

5. Renewal . P rovided TID is not in breach of this Agreement, or the Agreement has not been terminated as set forth herein, this Agreement shall automatically renew for successive five (5) year periods under the same terms and conditions.

6. Consideration for License. CITY a
cknowledges that TID’s obligation to install,
maintain and operate the Charging Station will provide CITY a benefit to the public which uses and accesses the Property. As such, TID shall not be required to pay CITY any additional consideration for the grant of license contained in this Agreement.

7. Early Termination . T
his Agreement may be terminated upon thirty (30) days’ written notice to either party without penalty or fee: (a) in the case of TID, at any time prior to the submission of the installation plans for construction of the Charging Station at the Property or in the event that TID determines that the construction or continued operation of the Charging Station is impracticable or uneconomical; and

(b
) in the case of CITY, in the event the Commencement Date has not occurred within fifteen (15) months following the Agreement Date; provided that the foregoing right shall terminate upon the Commencement Date.

8. Termination for Cause .

This Agreement may be immediately terminated for cause by either party under either of the following circumstances: (a) the other party breaches or fails to perform any of its obligations in any material respect, and such breach or failure continues uncured for fifteen (15) business days after receipt of written notice; or

(b
) the other party becomes insolvent or proceedings are instituted by or against it under any provision of any federal or state bankruptcy insolvency laws.

9. Maintenance of Premises. CITY
shall comply with CITY’s rules, standards and
regulations in maintaining the Premises in a clean, safe, and orderly condition, to at least the same standard as other areas at the Property. CITY shall have no responsibility to maintain TID’s Charging Station or related TID equipment, hardware, software, or signage. CITY shall not retain any ownership rights in the Charging Station and related TID equipment.

10. Installation Activities .
(a) TID shall, at its sole cost and expense, be responsible for all installation activities (the “Installation Activities”) required to support the operation of the Charging Station and services therewith, including furnishing and installing all materials, equipment, and labor required for the installation of the Charging Station. TID may, at any time during the Term and in its discretion modify, including, without limitation, upgrade, replace, and/or remove all or a portion of the Charging Station (collectively, “Modifications”), whether or not said items are considered fixtures and attachments to the Premises. In the event of a substantial and significant Modification to the Charging Station, TID shall provide at least sixty (60) days prior notice to CITY.

(b
) Before beginning any Installation Activities, TID shall provide a copy of the, Charging Station specifications, and installation plans to CITY for its approval, which approval ITEM 18
shall not be unreasonably delayed or withheld. No work will begin until plans have been approved by CITY. With respect to its Installation Activities, TID shall ensure that it or its designated contractor(s) and/or service providers perform Installation Activities only during times and days acceptable to CITY and in a manner so as not to unreasonably interfere with CITY’s business operations.

(c) Upon completion of any Installation Activities under this Agreement, CITY shall not retain any ownership rights of the Charging Station and related equipment, hardware, software, signage, and supporting equipment and structures at the Property.

11. TID Electrical Charges . U
nless otherwise agreed by the parties, TID shall be
responsible for all electrical charges of the Charging Station. CITY shall reasonably cooperate with TID’s efforts regarding the provision of electrical service to the Charging Station. Neither CITY nor TID has any responsibility or liability for interruption, curtailment, failure, or defect in the supply or character of utilities furnished to the Charging Station, unless the cause of the interruption is covered by the party’s indemnity.

12. Charging Services, Operation and Maintenance. TID’s network on the Charging Station shall be accessible to TID’s subscribers, customers, agents, employees, contractors, vendors, guests, and invitees, who shall be charged in amounts reasonably determined by TID, which may change from time to time in TID’s sole discretion.

T
ID shall provide maintenance services to ensure all equipment is properly checked, tested, and activated for safe and proper operation. TID shall not be responsible for enforcement of laws relating to parking or similar codes for the operation of motor vehicles.

13. Access . T
he Property is a public parking lot, which shall allow the public complimentary access to the Premises at all times during the Term of this Agreement, except during times at which the CITY must close the parking lot for general operating hours, maintenance, safety, special events, and other unforeseen reasons in the discretion of the CITY.

The CITY shall use best efforts to notify TID at least forty-eight (48) hours in advance of such a closure. Subject to all other provisions and obligations of this Agreement , TID and its employees, contractors, and vendors may access the Premises and Property to maintain, inspect, repair, upgrade, or replace any portion of the Charging Station.

14. Signage and Striping. Subject to CITY ’
s prior approval, TID may paint, place, erect,
or project signage, marks, or advertising devices in, on, about, or around the Premises at TID’s sole cost and subject to applicable laws and regulations. At no time may CITY place any signage on TID’s property. TID shall install electric vehicle parking stall pavement striping and markings per the plans approved by the CITY. All signage and pavement markings must be consistent with industry standards for electric vehicle parking, CITY requirements, and State and Federal guidelines. TID shall furnish and install all materials, equipment, and labor for the Charging Station signage and pavement markings.

15. Promotional Activities . D
uring the Term of the Agreement, the parties may promote the availability of the Charging Station through traditional and/or electronic media, including ITEM 18
providing the address to the Property and a description thereof. No party shall use the other party’s trade or service marks, logos, or other proprietary materials without the prior written consent of the other party.

16. Restoration of Premises . U
pon the expiration of the Term, or other termination of this Agreement, TID shall remove the Charging Station and all TID’s other property from the Premises and Property within one hundred twenty (120) days. TID shall return the Premises, and the Property to the extent TID’s work has damaged or altered the Property, to its original condition prior to the execution of this Agreement, reasonable wear and tear excepted. These obligations shall survive the termination of this Agreement and shall not be excused for any reason, including but not limited to termination due to TID’s insolvency.

17. Indemnity . T
his Agreement is made upon the express condition that TID shall indemnify, defend, keep, and save harmless CITY, and its directors, officers, agents, and employees against any and all suits, claims, or actions arising out of any injury or injuries to, or death or deaths of, persons or damage to third party property that may occur, or that may be alleged to have occurred, to the extent caused by TID’s use of the Property and/or Premises or the negligent acts or omissions of TID, its agents, employees or contractors, except where caused by the negligence or willful misconduct of CITY, its employees, contractors, or agents.

18. Insurance. a. Minimum Coverage. TID shall acquire and maintain Workers’ Compensation, commercial general liability, and owned and non-owned and hired automobile liability insurance coverage relating to TID’s use of the Premises. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event, shall be as follows:

I
nsurance Category Minimum Limits

Workers’ Compensation S tatutory minimum

Commercial General Liability $2,000,000 per occurrence and $2,000,000 for bodily injury, personal injury and
property damage

Automobile Liability $2,000,000 per accident for bodily injury and property damage (coverage required to
the extent applicable to TID’s vehicle usage
in performing services herein)

b. Certificates of Insurance and Required Endorsements. Concurrently with the execution of this Agreement, TID shall furnish CITY with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, the following original endorsements:

ITEM 18
(i) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;

(ii) Naming the CITY, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and

(iii) Providing that TID’s insurance coverage shall be primary insura nce with respect to CITY, and any insurance or self-insurance maintained by CITY for itself shall be in excess of TID’s insurance and not contributory with it.

c. Umbrella Coverage and Self-Insured Retentions. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY, to the extent required by this Agreement, before the CITY’s insurance or self-insurance may be called upon to protect CITY as a named Insured. All self-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of liability coverage. Policies containing a SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named TID/Named Insured or CITY.

19. Representations, Warranties, and Covenants. TID a
nd the CITY each hereby
represents and warrants to the other that, as of the Agreement Date: (a) it has all necessary power and authority to execute, deliver, and perform its obligations hereunder; (b) the execution, delivery, and performance of the Agreement have been duly authorized by all necessary actors and none of the Agreement’s provisions violate any term or condition of its governing documents, contracts to which it is a party, or any law, regulation, order, or other applicable legal determination; (c) there is no pending or known threatened litigation or proceeding that may adversely affect its ability to perform the Agreement; (d) it is duly organized and validly existing under the laws of the jurisdiction of its organization; (e) the Agreement constitutes a legal, valid, and binding obligation, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting creditors’ rights and general principle of equity; and (f) at all times during the Term, it will comply with all applicable Federal, State, and local laws, rules, and regulations (including, without limitation, all zoning ordinances and building codes) in performing its obligations under the Agreement.

20. Notice . A
ny notice provided or permitted to be given under this Agreement must be in writing and be served either by (i) deposit in the mail, addressed to the party to be notified, postage prepaid, and registered or certified, with a return receipt requested, or (ii) deposit with an internationally-recognized overnight delivery carrier, with notice of delivery to the recipient party. Notice given by registered or certified mail or overnight carrier shall be deemed delivered and effective on the date of delivery shown on the return receipt or proof of receipt. For purposes of notice the addresses of the parties shall be as set forth below. Each party may change its address for notice by giving notice thereof to the other party.

ITEM 18
If to City: City of Ceres
Attn: Alex Terrazas
2220 Magnolia Street
Ceres, CA 95307

If to TID: Turlock Irrigation District
Attn: Josh Weimer
P.O. Box 949
Turlock, CA 95381

21. Property Rights; Assignment. This Agreement is binding on and inures to the benefit of the parties and their respective heirs, successors, assigns, and personal representatives. In the event the Premises is transferred, or CITY ceases to have the requisite level of control over the Premises necessary to fulfill its obligations under this Agreement (each, a “Transfer Event”), CITY shall assign its rights and obligations under this Agreement to the person or entity which would be able to comply with CITY’s obligations following such Transfer Event. Further, CITY agrees that any such Transfer Event shall not affect, terminate, or disturb TID's right to use of the Premises under the terms of this Agreement or any of TID's other rights under this Agreement, so long as TID is not then in default under any of the terms, covenants, or conditions of this Agreement.

22. Casualty and Condemnation. If any portion of the Property is damaged by fire or other casualty in a manner that adversely affects TID’s use of the Premises, then either party may, within thirty (30) days of the date of such fire or other casualty, elect to terminate the Agreement by written notice to the other party. If any portion of the Property is condemned or taken in any manner for a public or quasi-public use that could adversely affect TID’s use of the Premises, then TID may elect to terminate the Agreement effective as of the date title to the condemned portion of the Property is transferred to the condemning authority.

23. No Agency Relationship. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, fiduciary, or agency relationship between the parties for any purpose, and the employees of one party shall not be deemed to be the employees of the other party. Except as otherwise stated in this Agreement, neither party has any right to act on behalf of the other, nor represent that it has such right or authority.

24. Validity . T
he invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. The Agreement shall be construed and deemed reformed to the extent necessary to render valid such term and the rights and obligations of the parties shall be enforced accordingly.

25. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without giving effect to conflict of law rules. Venue shall be in Stanislaus County, State of California.

ITEM 18

26. No Waiver . No waiver by CITY or TID of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by CITY or TID of the same or any other provision. CITY’s consent to, or approval of any act shall not be deemed to render unnecessary the obtaining of CITY’s consent to or approval of any subsequent act by TID.

27. Remedies . T he rights and remedies provided by this Agreement are cumulative, and the use of any right or remedy by any party does not preclude or waive its right to use any or all other remedies. These rights and remedies are given in addition to any other rights a party may have under any applicable law, in equity or otherwise.

28. Force Majeure. Neither party is responsible for any delay or failure in performance of any part of this Agreement to the extent that delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, act or omission of carriers or other similar causes beyond the party’s control.

29. No Third- P
arty Beneficiaries. This Agreement does not confer any rights or remedies on any person other than the parties and their respective successors and permitted assigns.

30. Integration; Amendments. This Agreement contains all agreements, promises, and understandings between the parties, and there are no verbal or oral agreements, promises, or understandings between the parties. Any amendment, modification, or other change to this Agreement shall be ineffective unless made in a writing signed by the parties hereto.

31. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all the parties had signed the same document.

32. Construction. All documents or items attached to, or referred in, this Agreement are incorporated into this Agreement as fully as if stated within the body of this Agreement. Each party has cooperated in the drafting, negotiation, and preparation of this Agreement and nothing herein shall be construed against either party on the basis of that party being the drafter of such language.

33. Recording of Agreement. TID m
ay record this Agreement with the Stanislaus County
Recorder.

I
N WITNESS WHEREOF, this Agreement is executed to be effective as of the date first set forth above.

CITY OF CERES, a political subdivision
Of the State of California:

By:______________________________________

ITEM 18

TURLOCK IRRIGATION DISTRICT, a
California irrigation district:

By:_________________________________

ITEM 18

6/20/2022

Sam Royal
2220 Magnolia St.

Ceres, CA 95307

Re: TID Owned EV Charger

Dear Sam,

The Turlock Irrigation District (TID) is proposing to install one (1), dual port electric vehicle (EV) charger in the city parking lot at 4th and North streets. TID has identified two (2) potential locations in the parking lot for the EV charger, per attached map:

 Location #1
o TID proposes to install a new pole in the island space between parking spaces and aerial drop new service from the existing pole across the alley  Location #2
o TID proposes to install a new pole in line with existing pole line and aerial drop new service to a new pole at site #2

If you have any questions or concerns please contact James Piersma at 209-883-8468.

Sincerely,

James Piersma
Energy Efficiency Analyst
Turlock Irrigation District

ITEM 18
ITEM 18

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 27, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., City Engineer
[email protected], (209) 538-5775
SUBJECT:

Resolution No. 2022- 63, Approving the Engineer’s Annual Report, Confirming the Assessment and Ordering the Levy for the 1987 Landscape and Lighting District for Fiscal Year 2022-2023.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council conduct the Public Hearing and approve the resolution adopting the annual report, confirming the assessment, and ordering the levy for the 1987 Landscape and Lighting District for fiscal year 2022/23.

I. BACKGROUND:

The Public Hearing was continued at the June 13th, 2022, Council meeting. Each year, per Streets and Highway Code Section 22621, the City needs to reset the assessments for the Landscaping and Lighting District. The City Council has adopted a resolution determining to undertake the proceedings and now must approve the Report, Confirm the Assessment and Diagram, Levy the Assessment, Order the Levy and Certify that the levy of assessments is in compliance with Proposition 218.

II. REASONS FOR RECOMMENDATION:

To continue collecting the Landscape and Lighting District assessments, the City must complete this process. This is the final action to adopt the assessments. The process must be completed by this date to allow ample time to process the paperwork necessary for the Assessor to place the assessments against the properties. Stanislaus County requires each agency that wants an assessment placed on the tax rolls to certify that the assessment complies with the applicable laws and Proposition 218. All of 1987 Landscape and Lighting District assessments are exempt from Proposition 218, as they have only been adjusted based on an inflation rate voted on by the property owners.

ITEM 19
The 2022 /23 Engineers Report for the 1987 Landscape and Lighting District is attached for Council’s approval. A detailed listing of individual assessments has been filed separately with the City Clerk due to its length.

III. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This is in compliance with the first item of the Strategic Plan providing adequate infrastructure.

IV. FISCAL IMPACTS:

If the Resolution is not adopted, the City will not be able to collect the assessments during the 2022/23 fiscal year.

V. STEPS FOLLOWING APPROVAL:

Upon Council approval a copy of this Resolution and Assessment will be delivered to the Auditor- Controller of Stanislaus County.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. 2022/23 Engineer’s Report
ITEM 19

RESOLUTION NO. 2022-63

APPROVING THE ENGINEER’S ANNUAL REPORT, CONFIRMING THE
ASSESSMENT AND ORDERING THE LEVY FOR THE 1987 LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2022/23.

THE CITY COUNCIL
City of Ceres

WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, (The “Act”) to establish the City’s 1987 Landscape and Lighting District (the “Assessment District”); and

WHEREAS, t he City has retained NBS for t he purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report; and

WHEREAS, NBS has prepared and filed such Annual Report with the City Clerk; and
WHEREAS, the Council has reviewed such Annual Report contents, and

WHEREAS, the Council has, by previous resolution, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District, and notice of such Public Hearing was duly given in accordance with Section 22626 of the Act; and

WHEREAS, the Council has conducted such Public Hearing and considered all objections to the assessment.

NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED, AND
ORDERED BY THE COUNCIL, AS FOLLOWS:

1. Approval of Report: Th e Council h ereby approves the Annual Report concerning the levy of assessments as submitted by NBS and reviewed by the Council for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

2. Confirmation of Assessment and Diagram: The Council her eby confirms the assessment and the diagram as is described in full detail in the Annual Report.

3. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

4. Ordering of the Levy: The Council hereby orders NBS to prepare and submit the levy of assessments to Stanislaus County for placement on the Fiscal Year 2022/23 secured property tax roll.

5. Compliance with Pr oposition 218: The Council certifies that the levy of assessments within the Assessment District are in compliance with the applicable laws and in compliance with Proposition 218 and directs that a certified copy of this Resolution shall be delivered to t he Auditor-Controller of Stanislaus County.

ITEM 19
Resolution No. 2022-63; June 27, 2022

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Co uncil Members:

ABSTAINED: Co uncil Members

_____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Kellie Weaver, Interim City Clerk

ITEM 19

nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516

Amended Engineer’s Report For: Fiscal Year 2022/23
1987 Landscaping and Lighting District
June 2022

ITEM 19

TABLE OF CONTENTS

Engineer’s Letter ............................................................................................................. 1 Plans and Specifications .................................................................................................. 3

2.1 Description of the Boundaries .................................................................................. 3

2.2 Description of Improvements and Services .............................................................. 3 Estimate of Costs ............................................................................................................ 4

3.1 Street Lighting Budget .............................................................................................. 4

3.2 Right-of-Way Landscaping Budget............................................................................ 4

3.3 Westpointe Median Maintenance Budget ............................................................... 4

3.4 Brown Median Maintenance Budget........................................................................ 5

3.5 Brown Park Maintenance Budget (Ryno Park) ......................................................... 5

3.6 Darrah Street Landscaping Budget ........................................................................... 5

3.7 Davante Landscaping Budget ................................................................................... 6

3.8 Eastgate Landscaping Budget ................................................................................... 6

3.9 Overhead/Contingency Budget ................................................................................ 6 Assessments ................................................................................................................... 7

4.1 Method of Apportionment ....................................................................................... 7

4.2 Street Lighting Methodology .................................................................................... 8

4.3 Right-of-Way Landscaping Methodology ............................................................... 11

4.4 Westpointe Median Landscaping Methodology .................................................... 12

4.5 Brown Median Landscaping Methodology ............................................................. 13

4.6 Brown Park Maintenance Methodology ................................................................ 14

4.7 Darrah Street Landscaping Methodology ............................................................... 15 ITEM 19

4.8 Davante Landscaping Methodology ....................................................................... 15

4.9 Eastgate Landscaping Methodology ....................................................................... 16

4.10 Overhead/Contingency Charge Methodology ........................................................ 16 Appendix A - Assessment Diagrams ..................................................................................... 17 Appendix B - Assessment Roll .............................................................................................. 18 Appendix C - Annexations .................................................................................................... 19

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 1 ENGINEER’S LETTER
WHEREAS, on July 27, 1987, the City Council (the “Council”) of the City of Ceres (the “City”), California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (the “Act”) adopted Resolution Number 87-125, forming the 1987 Landscaping and Lighting District (the “District”) for the construction and installation of the improvements, and the maintenance and servicing, of landscape maintenance, street lighting, graffiti removal, and street tree maintenance; and WHEREAS, the Ceres Municipal Code requires that sub-dividers install street lighting, street trees, and landscaping on the exterior of access control fences; and WHEREAS, over subsequent years additional lots and parcels have been annexed into the District and for which several zones of special benefit have been formed pursuant to the Act; and WHEREAS, the City Council has directed NBS, to prepare and file an Engineer’s Report (the “Report”) for Fiscal Year 2022/23 in accordance with Chapter 1, Article 4 of the Act presenting: plans and specifications describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs to maintain, operate, and service the improvements for the District for the referenced fiscal year; a diagram for the District showing the area and properties to be assessed; and an assessment of the estimated costs to maintain and service the improvements, stating the net amount upon all assessable lots or parcels within the District in proportion to the special benefit received.

NOW, THEREFORE, the following assessments are made to cover the portion of the estimated costs to maintain, operate, and service the improvements for Fiscal Year 2022/23, to be paid by the assessable real property within the District in proportion to the special benefit received:

Category Parcels (1)
Total
Assessment
(2)(3)
Street Lighting 6,384 $177,446.07
Right-of-Way Landscaping 6,458 55,280.48
Median Landscaping – Westpointe 679 27,227.90 Median Landscaping – Brown 529 39,368.18
Brown Park 550 41,297.63
Landscaping – Darrah Street 76 2,499.64 Landscaping – Davante 55 18,408.50
Landscaping – Eastgate 1,384 99,371.20
Overhead 6,479 7,774.80
Totals 6,479 $468,674.40
(1) Some parcels may be assessed in overlapping categories. (2) Assessment amounts will be reduced by $0.20 per parcel to pay for the Stanislaus County collection fee. (3) Assessment may vary slightly due to rounding.

ITEM 19
ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 3

PLANS AND SPECIFICATIONS

2.1 Description of the Boundaries
The District encompasses multiple subdivisions within the City. It is generally bounded by the Tuolumne River to the north, Faith Home Road to the east, the TID Lateral No. 2 to the south, and Ustick Road to the west.

Exhibits from the report at the formation of the District define the boundaries and maintenance areas of the District. A list of the subdivisions, which the City has annexed into the District and the authorizing resolutions thereof, may be found in Appendix C. The formation Report and said resolutions, on file with the City Clerk, as well as the Stanislaus County (the “County”) Assessor's maps of the areas are incorporated by reference herein and made part of this Report.

2.2 Description of Improvements and Services
The improvements include the construction, operation, maintenance, and servicing of street lighting, right- of-way landscaping, median landscaping, parks, and appurtenant facilities. These appurtenant facilities include, but are not limited to the following: personnel, electrical energy, utilities such as water and gas, materials, contracting services, and other items necessary for the satisfactory operation of these improvements.

The street lighting assessment has been divided into zones based on specific sub-areas that receive differing degrees of benefit. Commercial and industrial properties and multi-family residence areas are determined as benefitting specifically within the sub-areas, and are apportioned by acreage for commercial parcels, and by street frontage for industrial parcels and multi-family residences. Several subdivisions do not have street lighting and are not assessed under the street lighting category. The remaining street lighting assessments are in residential areas where the benefit is allocated on a per-unit basis.

The right-of-way landscaping is the landscaping adjacent to sound walls at the newer subdivisions. The landscaping beautifies the City and conceals the massiveness of the sound walls. The landscaping also softens the channel effect created by the sound walls. At a developer’s request, more landscape separation between the street and the sound wall will be installed. When such separation in excess of 10 feet is requested, the development is required to pay the estimated cost of the extra maintenance through a separate zone. The Westpointe and Brown subdivisions have such zones at this time.

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 4

ESTIMATE OF COSTS

3.1 Street Lighting Budget
Category Cost Estimate
Operating Cost

36.3 LED Wattage $57,751.43

60.5 LED Wattage 67,634.03

89.9 LED Wattage 8,956.10
124.1 LED Wattage 12,044.42
149 LED Wattage 1,338.27
Operating Subtotal $147,724.25

Maintenance Cost
Labor $52,383.00
Materials & Equipment 11,792.00
Maintenance Subtotal $64,175.00

Total Cost $211,899.25

3.2 Right-of-Way Landscaping Budget
Category Cost Estimate
Labor, Material, & Supplies $63,085.95
Contract 68,910.95
Total Cost $131,996.91

3.3 Westpointe Median Maintenance Budget
Category Cost Estimate
Contract $17,086.78
Labor 14,503.20
Materials & Supplies 1,139.24
Subtotal $32,729.22

Reserve Target $10,000.00
Reserve Balance 0.00
Reserve Accumulation $10,000.00

Total Cost $42,729.22

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 5

3.4 Brown Median Maintenance Budget
Category Cost Estimate
Contract $20,116.01
Labor 17,074.40
Materials & Supplies 1,341.21
Subtotal $38,531.63

Reserve Target $12,000.00
Reserve Balance 0.00
Reserve Accumulation $12,000.00

Total Cost $50,531.63

3.5 Brown Park Maintenance Budget (Ryno Park)
Category Cost Estimate
Tree Maintenance 7,902.74
Mow, Weed Eat, Edge 6,380.00
Horticulture 658.56
Irrigation System Maint/Repair 5,597.77
Playground Inspections 658.56
Electrical (lights/well) 2,500.00
Materials 2,600.00
Subtotal $26,297.63

Reserve Target $15,000.00
Reserve Balance 0.00
Reserve Accumulation $15,000.00
Total Cost $41,297.63

3.6 Darrah Street Landscaping Budget
Category Cost Estimate
Contract $5,900.41
Labor 5,008.25
Materials & Supplies 393.40
Total Cost $11,302.07

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 6

3.7 Davante Landscaping Budget
Category Cost Estimate
Contract $16,639.25
Labor 14,123.34
Materials & Supplies 1,109.40
Subtotal $31,872.00

Reserve Target $4,000.00
Reserve Balance 0.00
Reserve Accumulation $4,000.00

Total Cost $35,872.00

3.8 Eastgate Landscaping Budget
Category Cost Estimate
Contract $73,074.54
Labor 62,025.42
Materials & Equipment 4,872.17
Subtotal $139,972.13

Reserve Target $25,000.00
Reserve Balance 0.00
Reserve Accumulation $25,000.00

Total Cost $164,972.13

3.9 Overhead/Contingency Budget
Category Cost Estimate
City Administrative Costs $5,000.00
County Collection Fees (1) 1,295.40
NBS Administration Fee 13,154.12
Subtotal $19,449.52

Contingency Target $5,000.00
Contingency Balance 0.00
Contingency Accumulation $5,000.00

Total Cost $24,449.52
(1) Stanislaus County’s Auditor-Controller collects a $0.20 per parcel administrative fee.

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 7

ASSESSMENTS
For a list of the amount of actual assessments for Fiscal Year 2022/23 apportioned to each parcel as shown on the latest equalized roll of the County Assessor, refer to Appendix B of this Report. The description of each lot or parcel is part of the records of the County Assessor and such records are, by reference, made part of this Report.

4.1 Method of Apportionment
Pursuant to the Act and Article XIII D of the Constitution of the State of California, all parcels that have special benefit conferred upon them as a result of the maintenance and operation of improvements shall be identified and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire cost of the maintenance and operation of the improvements. Only parcels that receive direct special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.

Several zones have been annexed into the District and it has been determined that due to variations in the nature, location, and extent of the improvements, those areas will receive differing degrees of special benefit from the improvements.

Within the Darrah Street and Brown Park zones, each parcel is allocated a number of units, where each such Unit is deemed to receive the same proportional special benefit from the maintenance and operation of the improvements within that zone. In Darrah Street, the Unit is based upon the number of apartments, while in Brown Park the Unit is based upon an “equivalent single-family residence”.

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 8

4.2 Street Lighting Methodology
There are several areas within the District that receive differing degrees of special benefit from street lighting; commercial, industrial, multi-family, low-lighted, and single family residential.

Each area is assessed an estimated cost based on the number of street lights in that area multiplied by the average historical cost of operating lights of the specific wattage. That estimated cost is then apportioned to the parcels within the area. The apportionment methodology depends on the area, and each area/methodology is described below.

4.2.1 COMMERCIAL
Each commercial center has a fixed number of lights of varying wattage. The cost is allocated to each center using the average cost of operating and maintaining each of the lights, and then apportioned to each parcel in the commercial center by its proportion of acreage within the center.

Commercial Center Street Lights Cost
Arco – Richland & Hatch 3 $466.71
Arco – Service & Mitchell 3 466.71
Beckwith (Big5) (1) 0 0.00
Bruno – Com 2 311.14
Central Valley Marketplace (Food 4 less) 6 933.42
Ceres Commerce Center 5 777.85
Ceres Market Place 6 933.42
Great Valley Bank 2 311.14
Home Depot 4 622.28
Marchick 5 777.85
McDonalds 2 311.14
Morad 2 311.14
Morgan Manor – Com (1) 0 0.00
Plaza Del Rio 9 1,400.13
Singh 4 622.28
Tuscany Village – Com (1) 0 0.00
Van Horn 2 311.14
Vanderpool 9 1,400.13
Vines 1 155.57
Total 65 $10,112.05
(1) Centers with no lights are shown in order to have a current listing of centers.

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 9

4.2.2 INDUSTRIAL
Each industrial center has a fixed number of lights of varying wattage. The cost is allocated to each center using the average cost of operating and maintaining each of the lights, and then apportioned to each parcel in the industrial center by its proportion of street frontage within the center. The major street frontage for the parcel is calculated at 100% of its linear frontage while minor street frontage is calculated at 50% of its linear frontage.

Industrial Center Street Lights Cost
B&D United Builders 1 $155.57
Boyle PM 5 777.85
Miller Industrial 20 3,111.40
Morgan Industrial 40 6,222.80
Morgan PM 2 311.14
Winco 7 1,088.99
Total 75 $11,667.75

4.2.3 MULTI-FAMILY
Each multi-family development has a fixed number of lights of varying wattage. The cost is allocated to each area using the average cost of operating and maintaining each of the lights, and then apportioned to each parcel in the multi-family development by its proportion of units within the development.

Multi-Family Development Street Lights Cost
CW Enterprises (1) 0 $0.00
Hatch Rd Apartments (1) 0 0.00
Meridian 1 155.57
Morgan Manor 10 1,555.70
Sequeira 2 311.14
Total 13 $2,022.41
(1) Developments with no lights are shown in order to have a complete listing of developments.

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 10

4.2.4 LOW/NOT-LIGHTED
While not a distinctly specified zone, there are a number of areas that have low or no lighting and are assessed within their specific area. Each low-lighted development has a fixed number of lights of varying wattage. The cost is allocated to each area using the average cost of operating and maintaining each of the lights, and then apportioned to each parcel in the low-lighted area on a per lot basis. The River Oaks 2 and Tuscany Village developments have no lights and have been determined to not receive any special benefit from the District’s street lights.

Multi-Family Development Street Lights Cost
Darrah St (per apartment) 3 $466.71
Norwood 2 311.14
Pleasant Ave 6 933.42
River Oaks 2 (1) 0 0.00
The Parks (1) 0 0.00
Tuscany Village (1) 0 0.00
Total 11 $1,711.27
(1) Developments with no lights are shown in order to have a complete listing of developments.

4.2.5 HIRAM KEMP
Hiram Kemp consists of three parcels and is calculated using a rate factor of 0.620167 of Street Frontage.

Rate Factor Street Frontage Assessment

0.620167 206.05 $127.79

4.2.6 SINGLE-FAMILY RESIDENCES
Total Operating Cost $147,724.25
Total Labor and Equipment 64,175.00
Less Total Non-SFR Revenues (25,641.27)
Total 2022/23 SFR Cost $186,257.99

SFR Parcel Count 6,048
Calculated SFR Assessment Rate (1) $30.80
2021/22 Maximum Assessment Rate 23.09
West Urban CPI (2) 8.715%
2022/23 Maximum Assessment Rate 25.10
2022/23 Actual Assessment Rate $25.10

2022/23 SFR Revenue $151,804.80
(1) The calculated rate needed to cover the total costs. (2) Based on March data.

There is a projected shortfall of approximately $34,453 in street lighting revenues for Fiscal Year 2022/23.

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 11

4.3 Right-of-Way Landscaping Methodology
The formation Engineer determined that the special benefit derived from the right-of-way landscaping is equal for all parcels within the District. However, per the City, the Dow Ranch subdivision that was annexed into the District in 2011 does not receive any benefit from right-of-way landscaping.

4.3.1 GENERAL RIGHT-OF-WAY LANDSCAPING
Total Maintenance Costs $131,996.91
Funds From Reserves 0.00
Cost To Be Assessed $131,996.91

Total Lots In City 13,944
Total Lots In District (1) 6,458

Percentage of Lots in District 46.31%
District Share of Costs $61,132.82

Calculated SFR Assessment Rate (2) $9.47
2021/22 Maximum Assessment Rate 7.88
West Urban Annual CPI Change (3) 8.715%
2022/23 Maximum Assessment Rate 8.56
2022/23 Actual Assessment Rate (4) $8.56

2022/23 Right-of-Way Revenue (4) $55,280.48
(1) There are 21 parcels in Dow Ranch that do not benefit from right-of-way landscaping and are not included here.
(2) The calculated rate needed to cover the total costs. (3) Based on March data.
(4) Darrah Street pro-rates the total amount across the parcels in the area based on the number of apartments per parcel.

There is a projected shortfall of approximately $5,852 in right-of-way landscaping revenue for Fiscal Year 2022/23.

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 12

4.4 Westpointe Median Landscaping Methodology
The Westpointe Zone includes all development in the Westpointe Project and provides for the maintenance of the landscaped medians. The costs are spread across developments that are adjacent to Aristocrat and Nineveh. The costs were originally spread based on street frontage for vacant land. As the adjacent parcels subdivided, the assessment was converted to a per-lot basis, for those developed residential. There are currently 679 developed parcels in the Westpointe Zone.

Westpointe Median Zone Costs $32,729.22

Reserve Target $10,000.00
Reserve Balance 0.00
Reserve Accumulation $10,000.00

Total Costs $42,729.22

Developed Parcels 679

Calculated Assessment Rate (1) $62.93
2022/23 Maximum Assessment Rate 40.10
2022/23 Actual Assessment Rate $40.10

2022/23 Westpointe Median Revenue $27,227.90
(1) The calculated rate needed to cover the total costs.

There is a projected shortfall of approximately $15,501 in Westpointe median landscaping revenue for Fiscal Year 2022/23.

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 13

4.5 Brown Median Landscaping Methodology
The Brown Zone includes all development in the area south of Hackett Road, west of Morgan Road, north of Service Road, and east of the Union Pacific Railroad tracks. The zone provides for the maintenance of the landscaped medians within its boundaries. The cost will be spread across all the residential parcels in the zone. Each single-family residential parcel within the area receives equal special benefit from the medians and therefore the costs will be spread across the parcels. The multi-family units have no direct special benefit from the landscape medians inside the project, so they are not assessed for those improvements. To keep up with inflation, the maximum assessment can increase up to the actual cost increase or the West Urban Consumer Price Increase, whichever is lower.

Zone Costs $38,531.63

Reserve Target $12,000.00
Reserve Balance 0.00
Reserve Accumulation $12,000.00

Total Costs $50,531.63

Developed Parcels 529

Calculated Assessment Rate (1) $95.52
2021/22 Maximum Assessment Rate 68.46
West Urban CPI (2) 8.715%
2022/23 Maximum Assessment Rate 74.42
2022/23 Actual Assessment Rate $74.42

2022/23 Brown Median Revenue $39,368.18
(1) The calculated rate needed to cover the total costs. (2) Based on March data.

There is a projected shortfall of approximately $11,163 in Brown median landscaping revenue for Fiscal Year 2022/23.

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 14

4.6 Brown Park Maintenance Methodology
The Brown Zone also provides for the maintenance of improvements at Sam Ryno Park. The park is a storm drainage detention basin with an irrigation system. Improvements also include playground equipment, a covered picnic area, and a basketball court. The cost will be spread across all the residential parcels in the zone. All residential parcels within the area receive special benefit from the park and the cost will be apportioned equally by an equivalent SFR (“ESFR”). A typical single-family residence has an ESFR value of

1.0. A vacant residential parcel has an ESFR value of 0.5 and a multi-family residence has an ESFR of 0.9 per unit. To keep up with inflation, the maximum assessment rate can increase up to the actual cost increase or the West Urban Consumer Price Increase, whichever is lower.

Type Parcels Units ESFR Total ESFR
SFR (1) 523 523 1 523.0
MFR 5 10 0.9 9.0
VAC 6 6 0.5 3.0
Total 534 539 535.0
(1) Does not include 11 SFRs owned by the Housing Authority, which were included in the count prior to Fiscal Year 2022/23, but were not levied.

Zone Costs $26,297.63

Reserve Target $15,000.00
Reserve Balance 0.00
Reserve Accumulation $15,000.00

Total Costs $41,297.63

Equivalent SFR 549.9

Calculated Assessment Rate (1) $75.10
2021/22 Maximum Assessment Rate 91.02
West Urban CPI (2) 8.715%
2022/23 Maximum Assessment Rate 98.95
2022/23 Actual Assessment Rate $75.10

2022/23 Brown Park Revenue $41,297.63
(1) The calculated rate needed to cover the total costs. (2) Based on March data.

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 15

4.7 Darrah Street Landscaping Methodology
Landscaping has been installed in the Darrah Street neighborhood to beautify the area. The landscaping must be maintained to retain its benefit. Since the benefit is for this area specifically, the maintenance costs should be borne by benefitting parcels in the zone. The maintenance cost is based on an estimate by the contractor that will be maintaining the landscaping. The cost is spread based on the number of apartment units.

Total Costs $11,302.07
Apartment Units 76

Calculated Assessment Rate (1)(2) $148.71
2022/23 Actual Assessment (2) 32.89

2022/23 Actual Assessment Rate (2)(3) $32.89
2022/23 Darrah Street Revenue $2,499.64
(1) The calculated rate needed to cover the total costs. (2) Rate is per apartment unit.
(3) Historical rate provided by City that has no annual escalator

There is a projected shortfall of approximately $8,802 in Darrah Street landscaping revenue for Fiscal Year 2022/23.

4.8 Davante Landscaping Methodology
The Davante Villas Zone includes development in the area south of River Road, west of Mitchell Road, north of Nicholes Way, and east of Snowridge Court. The zone provides for the maintenance of the landscaped area along separation walls on River Road and Mitchell Road. The cost will be spread across all the residential parcels in the zone. Each single-family residential parcel within the area receives equal benefit from the landscaping. The costs will be spread equally across the parcels. To keep up with inflation, the maximum assessment can increase up to the actual cost increase or the West Urban Consumer Price Increase, whichever is lower.

Total Costs $35,872.00

Parcels 55

Calculated Assessment Rate (1) $652.22
2021/22 Maximum Assessment Rate 307.87
West Urban CPI (2) 8.715%
2022/23 Maximum Assessment Rate 334.70
2022/23 Actual Assessment Rate $334.70

2022/23 Davante Park Revenue $18,408.50
(1) The calculated rate needed to cover the total costs. (2) Based on March data.

There is a projected shortfall of approximately $17,464 in Davante median landscaping revenue for Fiscal Year 2022/23.

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 16

4.9 Eastgate Landscaping Methodology
The Eastgate Zone assessment provides for the maintenance of the landscaped medians and areas along separation walls on Boothe Road and Eastgate Boulevard. The cost will be spread across all the residential parcels in the zone. Each single-family residential parcel within the area receives equal special benefit from the landscape and medians. The multi-family units along Eastgate will also benefit from the improvements, and they are included in the calculations for that improvement. To keep up with inflation, the maximum assessment can increase up to the actual cost increase or the West Urban Consumer Price Increase, whichever is lower.

Total Costs
$164,972.13

Parcels 1,384

Calculated Assessment Rate (1) $119.20
2021/22 Maximum Assessment Rate 66.05
West Urban CPI (2) 8.715%
2022/23 Maximum Assessment Rate 71.80
2022/23 Actual Assessment Rate $71.80

2022/23 Eastgate Revenue $99,371.20
(1) The calculated rate needed to cover the total costs. (2) Based on March data.

There is a projected shortfall of approximately $65,601 in the Eastgate landscaping revenue for Fiscal Year 2022/23.

4.10 Overhead/Contingency Charge Methodology
The Overhead and Contingency assessments pay for the management of the District, including accounting, administration, and the costs of placing the assessments on the County tax roll. These assessments also provide for a contingency so damage to landscaping or streetlights within the District can be repaired. The benefit derived from this assessment is equal to all parcels in the District since all are affected by the proper administration of the District.

Total Costs $24,449.92

Parcels 6,479

Calculated Assessment Rate $3.77
2021/22 Maximum Assessment Rate 1.20

2022/23 Maximum Assessment Rate $1.20
2022/23 Actual Assessment Rate 1.20

2022/23 Overhead/Contingency Revenue $7,774.80
There is a projected shortfall of approximately $16,675 in the overhead/contingency revenue for Fiscal Year 2022/23.

ITEM 19

City of Ceres
2022/23 Amended Engineer’s Report – 1987 Landscaping and Lighting District 17