AGENDA
Regular City Council Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, January 11, 2022
Closed Session: 6:00 p.m.
Open Session: 7:00 p.m.
City Hall is now open to the public for business. The City Council Chamber is OPEN to the public for City Council meetings, using the current COVID-19 prevention provisions.
City Council meetings will also be available to view and participate via Zoom. Please read Page 4 of this agenda packet for Zoom login and participation information.
Agendas for all City Council meetings are posted at least 72 hours prior to the meeting in the kiosk just outside of City Hall, 130 S. Second St., Chowchilla, CA 93610.
Agendas for Special Meetings are posted 24 hours prior to the meeting.
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the city website at www.CityofChowchilla.org.
The City of Chowchilla complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled. If you need special assistance, please call (559) 665-8615, ext. 102 at least 4 days prior to a regular meeting, 1 day for a special meeting.
CALL TO ORDER/ROLL CALL:
Mayor: John Chavez
Mayor Pro Tem: Ray Barragan
Council Members: Waseem Ahmed, Diana Palmer, Kelly Smith City staff and contract employees present at the meeting will be noted in the minutes.
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
PUBLIC ADDRESS – CLOSED SESSION
This time is reserved for members of the audience to address the City Council on items listed on the Closed Session agenda only. It is recommended that speakers limit their comments to no more than 3 minutes each.
CLOSED SESSION – 6:00 PM
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9
Potential cases: 1
City Council Meeting Agenda January 11, 2022
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Initiation of Litigation – Pursuant to Government Code Section 54956.9 Paragraph (4) Subdivision (d) (deciding whether to initiate litigation)
Number of Cases: 1
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Pursuant to Government Code Section 54957
Title: Police Chief
4. PUBLIC EMPLOYEE APPOINTMENT – Pursuant to Government Code Section 54957 Title: Police Chief
OPEN SESSION – 7:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Mr. Jeff Troost
CLOSED SESSION REPORT:
PRESENTATIONS/WORKSHOP - Section 1
1.1 Proclamation – Human Trafficking Awareness and Prevention Month
1.2 Oath of Office – Kerri Williams, Finance Director
PUBLIC ADDRESS
This time is reserved for members of the audience to address the City Council on items of interest that are not on the agenda and that are within the subject matter jurisdiction of the Council.
It is recommended that speakers limit their comments to no more than 3 minutes each and it is requested that no comments be made during this period on items on the Agenda.
Members of the public who are joining the meeting via Zoom and would like to address the Council on items on the agenda should follow the policy on page 4 of this agenda packet.
The Council is prohibited by law from taking any action on matters discussed that are not on the agenda. No adverse conclusions should be drawn if the Council does not respond to public comment at this time.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
2.2 STAFF VERBAL REPORTS
City Council Meeting Agenda January 11, 2022
CONSENT CALENDAR – Section 3
3.1 Approval of the December 14, 2021 City Council Meeting Minutes (McClendon)
3.2 Consideration and Approval of the December 2021 Check Register Report (Pruett)
3.3 Consideration and Approval of a City Council Resolution Authorizing Continued Use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54953) (McClendon)
PUBLIC HEARINGS – Section 4
DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Authorizing the City Administrator to Execute a Professional Services Agreement with NBS to Provide Community Facilities District (CFD) Formation Services for Infill Projects (Pruett)
6.2 General (Verbal) Update Regarding the State of Emergency and COVID-19; Direction and/or Action (Pruett)
ANNOUNCEMENTS – Section 7
JAN 15 CHAMBER OF COMMERCE AWARDS DINNER, CHOWCHILLA FAIRGROUNDS, 5:30 PM JAN 17 MARTIN LUTHER KING JR. DAY HOLIDAY – CITY OFFICES CLOSED JAN 19 PLANNING COMMISSION MEETING, CITY HALL, 7:00 PM
JAN 25 CITY COUNCIL MEETING, CITY HALL, 7:00 PM
ADJOURNMENT
I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA and made available for public review on this 7th day of January, 2022 at or before 4:00pm.
Joann McClendon, CMC, City Clerk
*SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION DUE TO
COVID-19*
Public meetings are still open to the public to attend in-person.
However, if you wish to attend remotely, please read the message below.
Consistent with AB 361 and Government Code section 54953, this meeting will be held remotely. Members of the public may access the meeting using the following information:
Zoom login instructions
Use the following url to start Zoom:
https://us06web.zoom.us/j/86792933350?pwd=WmtQL0ZUN0w1M0V LMUxxMEF4RGkzZz09
Passcode: 98 66 47
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-877-853-5247
Webinar ID: 867 9293 3350
Passcode: 98 66 47
Staff highly recommends that participants log into Zoom 15 minutes before the meeting begins to perform an audio check and to make sure you have optimal internet connection.
Options to participate / view / and listen to the meeting:
• If you wish to speak to the Committee on an item using the Zoom platform on your computer/laptop or smart phone, please use the “raise hand” icon and you will be unmuted when it is your turn to speak.
Please provide your name when unmuted. You will be able to speak to the Committee for up to 3 minutes.
• If you are calling in to the meeting only (no camera/video) and you wish to make a comment, press *9 to “raise your hand” and *6 to unmute yourself.
Proclamation
IN HONOR OF
Proclamation for Human Trafficking Awareness and
Prevention Month
WHEREAS, Human trafficking is a Nationwide public health and civil rights crisis. Victims and survivors are everywhere in society, with our community being no exception; and WHEREAS, this horrific crime is claiming millions of victims worldwide. It exists in the United States and our community. It denies human dignity and freedom and fuels organized crime, often in the form of sexual exploitation, forced labor, involuntary servitude, and debt bondage; and
WHEREAS, anyone can become a victim of human trafficking. Victims and survivors come from every background, race, gender, sexual orientation, and economic status. Traffickers target and perpetrate on individuals who for any reason are deemed vulnerable; with women and girls as the primary victims; and
WHEREAS, young people are particularly vulnerable to trafficking and exploitation but face many barriers in reporting their victimization. Increased community education on how to identify victims of human trafficking with increased knowledge of local resources and services for those affected by these criminal actions can help restore freedom and dignity to identified survivors, as well as help diminish the number of future victims; and WHEREAS, Human Trafficking Prevention and Awareness Month provides an excellent opportunity for citizens in our community to learn more about identifying victims because prevention education is crucial in eradicating human trafficking; and WHEREAS, The City of Madera joins CAPMC-Victim Services in striving to become a place where human trafficking does not exist, where people have opportunities available to them, and where all people are treated as fully human and worthy of a supportive community.
NOW, THEREFORE BE IT PROCLAIMED, that the City Council of the City of Chowchilla, State of California, does hereby declare January as Human Trafficking Prevention and Awareness Month.
____________________________________________
JOHN CHAVEZ, MAYOR
City of Chowchilla, County of Madera, State of California
MINUTES
Regular City Council Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, December 14, 2021
Closed Session: 6:00 p.m.
Open Session: 7:00 p.m.
CALL TO ORDER/ROLL CALL: 6:02 p.m.
Mayor: Diana Palmer
Mayor Pro Tem: Ray Barragan
Council Members: Waseem Ahmed, John Chavez, Kelly Smith City staff and contract employees present: City Administrator Rod Pruett, City Attorney Mary Lerner, Police Chief David A. Riviere, Jr., Police Commander Jeff Palmer, Fire Chief Fred Gaumnitz, Public Works Director Jason Rogers, Community & Economic Development Director Mark Hamilton, Recreation and Community Engagement Manager Stacy Wisener, IT system Administrator Kurt Wlodarczyk and Carlos Berrocal, City Clerk Joann McClendon
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
Motion by Council Member Chavez, Seconded by Mayor Palmer to Approve the Agenda as Presented. Motion passed unanimously by roll call vote.
PUBLIC ADDRESS – CLOSED SESSION
No one spoke.
CLOSED SESSION – 6:05 PM
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9
Potential cases: 1
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Initiation of Litigation – Pursuant to Government Code Section 54956.9 Paragraph (4) Subdivision (d) (deciding whether to initiate litigation)
Number of Cases: 1
3. CONFERENCE WITH LEGAL COUNSEL – EXISTIING LITIGATION – Pursuant to Government Code Section 54956.9(d)(1)
In Re: National Prescription Opiate Litigation; U.S. District Court, N.D. Ohio, Eastern Division; Case No. 1:17-md-2804
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Pursuant to Government Code Section 54957
Title: City Administrator
Item 3.1
CLICK HERE
TO RETURN TO
THE AGENDA
City Council Meeting Minutes December 14, 2021
OPEN SESSION – 7:11 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Mayor Palmer
CLOSED SESSION REPORT: Nothing to report.
PRESENTATIONS/WORKSHOP - Section 1
1.1 Mayor’s Volunteer Award – Presented to Melissa Esquivel
PUBLIC ADDRESS
No one spoke.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Mayor Palmer attended a Mid Valley Disposal luncheon; an International Council of Shopping Centers (ICSC) Conference; a Chowchilla Rotary Meeting where a presentation regarding fentanyl was presented by Madera County DA Sally Moreneo; a Zoom meeting with Senator Caballero regarding broadband within the City; met with Will at Central Valley Concrete interested in becoming more involved in Chowchilla; a MCTC meeting; met with Madera Hospital regarding community health needs; and attended the Chowchilla Elementary School District Christmas Social.
2.2 STAFF VERBAL REPORTS
City Administrator Pruett attended the ICSC Conference, additional ICSC conferences coming soon; attended the Chowchilla Christmas Tree lighting event; attended the Mid Valley Disposal luncheon; attended the Zoom meeting with Senator Caballero; is going to the State of the County address.
City Clerk McClendon announced Cal Cities’ New Mayors and Council Members Virtual Academy registration is open.
Fire Chief Gaumnitz attended his first League of California Cities Fire Chiefs Leadership Seminar; a Volunteer Firefighter drove a firetruck as Santa to the Tree Lighting Ceremony; had a successful Toys/Coats for Kids event.
Public Works Director Rogers reported on the following:
Police Department Fence Project Update: PG&E recently halted and delayed the project. As they were removing a streetlight from the project area they identified an easement for their utility vault that they failed to inform us of during the design phase. We tried to get them to provide an expedited approval due to their missed oversight but did not see the requested results. As a result, our engineers, Yamabe and Horn, were able to identify a quicker path and completely remove City Council Meeting Minutes December 14, 2021
PG&E from the equation by revising the plan to realign the alley wall outside of PG&E’s newly identified easement rather than going through a potentially lengthy PG&E review process.
Unfortunately, this delayed the project into period of storms last week, this week and possibly next week further delaying the project. Once the weather clears and the ground dries, we will be able to resume the project.
Albina Asphalt recently purchased Chowchilla Asphalt. We entered into a new Rail Spur maintenance agreement with the company. Albina Asphalt is planning on growing the company and has plans to expand their portion of the rail spur and install additional tanks to their tank farm.
He also met with Mid valley Disposal to begin initial planning for the 2022 Curbside Cleanup Event. The event is tentatively scheduled for the week of April 18, 2022.
Community & Economic Development Director Hamilton also attended the ICSC Conference.
His department is issuing around 62 permits per month, and 30-50 inspections per day and doesn’t see a slow down any time soon.
Recreation & Community Engagement Manager Wisener completed the marketing brochure for staff and Council to take to the ICSC Conference. she has been working on all of the holiday events, including the successful Tree Lighting Ceremony, installed and decorated City Hall’s new Christmas tree, working on the Annual Employee Service Awards Luncheon, and working on the City’s State of the County presentation.
CONSENT CALENDAR – Section 3
3.1 Approval of the November 23, 2021 City Council Meeting Minutes (McClendon)
3.2 Approval of the December 9, 2021 City Council Special Meeting Minutes (McClendon)
3.3 Consideration and Approval of the November 2021 Check Register Report (Pruett)
3.4 Consideration to Cancel the December 28, 2021 City Council Meeting (McClendon)
3.5 Consideration and Approval of the 2022 City Council, Committee and Commission Meeting Calendar (McClendon)
3.6 Consideration and Approval of a City Council Resolution (84-21) Authorizing Continued Use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54953) (McClendon)
3.7 Consideration and Approval of the Special Tax Annual Report for Community Facilities District No. 2006-1, Improvement Area 1, Special Tax Bonds, Series 2007 (Dueker)
3.8 Consideration of Amending the Allocation of Local Transportation Funds (LTF) for the 2020/2021 Fiscal Year and Authorizing Staff to File Necessary Documentation to Effect These Changes (Dueker)
3.9 Second Reading with the Option to Waive the Second Reading and Adoption of an Ordinance Approving Zoning Map Amendment #19-0011 (Hamilton/Perea) Motion by Mayor Pro Tem Barragan, Seconded by Mayor Palmer to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.
City Council Meeting Minutes December 14, 2021
PUBLIC HEARINGS – Section 4
4.1 Consideration and Adoption of a City Council Resolution Approving and Adopting the 2020 Urban Water Management Plan (Rogers)
Mayor Palmer opened the public hearing at 7:40 p.m.
No one came forward for or against the item.
Mayor Palmer closed the public hearing at 7:42 p.m.
Motion by Council Member Smith, Seconded by Mayor Palmer to Approve City Council Resolution # 85-21, Approving and Adopting the 2020 Urban Water Management Plan. Motion passed by roll call vote with Council Member Ahmed absent.
4.2 Consideration and Adoption of a City Council Resolution Reviewing Certain Impact Fee Accounts, Adopting the Report and Making Certain Findings Related Thereto (AB1600) (Dueker)
Mayor Palmer opened the public hearing at 7:47 p.m.
No one came forward for or against the item.
Mayor Palmer closed the public hearing at 7:51 p.m.
Motion by Council Member Smith, Seconded by Mayor Palmer to Approve City Council Resolution # 86-21, Reviewing Certain Impact Fee Accounts, Adopting the Report and Making Certain Findings Related Thereto (AB1600). Motion passed unanimously by roll call vote.
DEFERRED BUSINES – Section 5
5.1 Consideration and Approval of a Well Installation Permit Application Pursuant to Chowchilla Municipal Code Section 8.20 and 13.04, Requested by Pheasant Run, LLC (Rogers)
Motion by Mayor Pro Tem Barragan, Seconded by Council Member Smith, to Approve the Well Installation Permit Submitted by Pheasant Run, LLC, Including an Indemnification Agreement, on Behalf of the Pheasant Run Golf Course. Motion passed unanimously by roll call vote.
NEW BUSINESS – Section 6
6.1 City Council Reorganization – Election of the Mayor and Mayor Pro Tem (McClendon) City Clerk McClendon opened the floor for nominations for Mayor.
Motion by Mayor Pro Tem Barragan, Seconded by Council Member Smith to Nominate Council Member Chavez as Mayor. Motion passed unanimously by roll call vote.
Motion by Mayor Chavez, Seconded by Council Member Chavez to Nominate Mayor Pro Tem Barragan as Mayor Pro Tem. Motion passed unanimously by roll call vote.
City Council Meeting Minutes December 14, 2021
6.2 Consideration of Council Member Appointments Made by the Mayor to Collaborative Agencies (McClendon)
Mayor Chavez made the new appointments.
6.3 General (Verbal) Update Regarding the State of Emergency and COVID-19; Direction and/or Action (Pruett)
ANNOUNCEMENTS – Section 7
DEC 23-24 CHRISTMAS EVE HOLIDAY, CITY OFFICES CLOSED
DEC 28 CITY COUNCIL MEETING, CITY HALL, 7:00 PM (T)
DEC 31 NEW YEAR HOLIDAY (OBSERVED), CITY OFFICES CLOSED JAN 8 JOE’S PREMIUM CAR WASH RIBBON CUTTING, 10:00 AM
CHOWCHILLA WESTERN STAMPEDE DINNER, FAIRGROUNDS, 5:00 PM JAN 11 CITY COUNCIL MEETING, CITY HALL, 7:00 PM
ADJOURNMENT
Mayor Chavez Adjourned the Tuesday, December 14, 2021 City Council Meeting at 8:15 p.m.
ATTEST: APPROVED:
Joann McClendon, CMC, City Clerk Mayor John Chavez
REPORT TO THE CITY COUNCIL
Item 3.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: January 11, 2022
AGENDA SECTION: Consent
SUBJECT: Information Regarding Monthly Invoice Payments PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Check list report
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Informational only. The invoices paid are shown in the attached listing of invoices.
BACKGROUND:
Presented this evening is a list of invoices paid in December 2021.
REASON FOR RECOMMENDATION:
Informational item only.
FISCAL IMPACT:
Each item shown on the invoice list includes a description of that item and the amount of the invoice.
ALTERNATIVES:
Not applicable.
ACTIONS FOLLOWING APPROVAL:
None.
1/5/2022 2:32:40 PM Page 1 of 4
Check Report
Chowchilla, CA By Check Number
Date Range: 12/01/2021 - 12/31/2021
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: Pooled Cash General-Pooled Cash General
41 Aanonson Sprinkler Company 12/08/2021 Regular 0.00 206.70 62050 296 Alert-O-Lite Inc. 12/08/2021 Regular 0.00 22.74 62051 446 Anderson Pump Co 12/08/2021 Regular 0.00 35,794.68 62052 646 AT & T 12/08/2021 Regular 0.00 1,428.92 62053
13484 Badger Meter Inc. 12/08/2021 Regular 0.00 29,996.20 62054 12493 Baker Supplies and Repairs 12/08/2021 Regular 0.00 179.76 62055 13732 Brandley Engineering, Inc. 12/08/2021 Regular 0.00 1,575.00 62056 1281 BSK Associates 12/08/2021 Regular 0.00 4,208.00 62057 1566 California Peace Officer's 12/08/2021 Regular 0.00 125.00 62058 13165 Caryn Granger 12/08/2021 Regular 0.00 68.01 62059 1776 Cascade Fire Equipment Company 12/08/2021 Regular 0.00 339.41 62060 1856 CDW Government, Inc. 12/08/2021 Regular 0.00 3,678.46 62061 2131 Chowchilla DoIt Best 12/08/2021 Regular 0.00 504.02 62062 **Void** 12/08/2021 Regular 0.00 0.00 62063
01174 Cigarettes 4 Less 12/08/2021 Regular 0.00 161.13 62064 01169 Daniel Beaird 12/08/2021 Regular 0.00 60.00 62065 13658 De Lange Landen Financial Services Inc. 12/08/2021 Regular 0.00 1,445.73 62066 3036 Department of Justice/Acc B/A 12/08/2021 Regular 0.00 175.00 62067 01118 Don Berry Construction, Inc 12/08/2021 Regular 0.00 198.92 62068 01163 DPrep Inc 12/08/2021 Regular 0.00 660.00 62069
13074 Elizabeth Fernandez 12/08/2021 Regular 0.00 21.73 62070 13255 Elk Grove Auto Group 12/08/2021 Regular 0.00 25,512.80 62071 11410 Executive Information Services Inc. 12/08/2021 Regular 0.00 9,114.00 62072 3711 Farmers Hardware 12/08/2021 Regular 0.00 363.52 62073 12212 Fastenal Company 12/08/2021 Regular 0.00 440.16 62074 01172 Gagik Oganyan 12/08/2021 Regular 0.00 1,589.60 62075 01168 Garrett Ardis 12/08/2021 Regular 0.00 711.25 62076 4616 Grover Landscape Services Inc. 12/08/2021 Regular 0.00 5,678.91 62077 11444 H & H Engineering Construction Inc. 12/08/2021 Regular 0.00 215.00 62078 01167 Hanna Brown 12/08/2021 Regular 0.00 143.19 62079
12446 Healthwise Services 12/08/2021 Regular 0.00 339.00 62080 13437 James Roach 12/08/2021 Regular 0.00 60.00 62081
01166 John and Gabriela DePree 12/08/2021 Regular 0.00 15.64 62082 01098 Jose Martinez 12/08/2021 Regular 0.00 60.00 62083 5861 Law & Associates Investigations 12/08/2021 Regular 0.00 600.00 62084 6191 Mace Pest Control 12/08/2021 Regular 0.00 80.00 62085 6246 Madera Co Auditor/Controller 12/08/2021 Regular 0.00 230,129.30 62086 6271 Madera County Economic 12/08/2021 Regular 0.00 360.00 62087 6276 Madera County Environmental 12/08/2021 Regular 0.00 1,267.00 62088 6346 Madera Tribune 12/08/2021 Regular 0.00 312.00 62089 01171 Martinez + Okamoto Architects, Inc 12/08/2021 Regular 0.00 193.90 62090 01097 Maziar Aminsalehi 12/08/2021 Regular 0.00 60.00 62091 1211 Michael Breashears Jr. 12/08/2021 Regular 0.00 12,580.00 62092 1211 Michael Breashears Jr. 12/08/2021 Regular 0.00 -12,580.00 62092 12282 Mid Valley Disposal Inc. 12/08/2021 Regular 0.00 3,391.48 62093 01165 Mireya Jimenez 12/08/2021 Regular 0.00 114.77 62094 13311 Municipal Maintenance 12/08/2021 Regular 0.00 1,531.32 62095 7176 Myers Stevens & Toohey & Co Inc 12/08/2021 Regular 0.00 1,548.40 62096 13683 Navia Benefit Solutions 12/08/2021 Regular 0.00 69.80 62097 7281 NBS Government Finance 12/08/2021 Regular 0.00 4,322.50 62098 01164 Noel Zavala Chavez 12/08/2021 Regular 0.00 144.12 62099 11956 Occupational Health Centers of 12/08/2021 Regular 0.00 197.50 62100 7516 Office Depot, Inc. 12/08/2021 Regular 0.00 1,243.62 62101 12907 O'Reilly Auto Parts, LLC 12/08/2021 Regular 0.00 440.61 62102 Check Report Date Range: 12/01/2021 - 12/31/2021
1/5/2022 2:32:40 PM Page 2 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 13790 PACE Supply Corp 12/08/2021 Regular 0.00 1,501.04 62103 13466 PacWest Direct 12/08/2021 Regular 0.00 2,627.34 62104 11772 PARS 12/08/2021 Regular 0.00 478.03 62105
13770 Pegboard 12/08/2021 Regular 0.00 228.38 62106
7966 Platt Electrical Supply 12/08/2021 Regular 0.00 535.14 62107 7986 Positive Promotions Inc. 12/08/2021 Regular 0.00 2,490.30 62108 12752 PR Diamond Products Inc. 12/08/2021 Regular 0.00 611.00 62109 11482 Price Paige & Company 12/08/2021 Regular 0.00 2,232.00 62110 11612 ProClean Supply 12/08/2021 Regular 0.00 508.96 62111 8081 PROtech Security & Electronics Inc. 12/08/2021 Regular 0.00 285.52 62112 11432 Prudential Overall Supply 12/08/2021 Regular 0.00 215.93 62113 8161 Quad Knopf, Inc. 12/08/2021 Regular 0.00 13,830.51 62114 13613 Quadient Leasing USA, Inc. 12/08/2021 Regular 0.00 632.10 62115 12283 R & R Pool Service 12/08/2021 Regular 0.00 143.60 62116 6691 Rick Manuel Medeiros 12/08/2021 Regular 0.00 450.00 62117 8796 S & W Auto Parts Inc. 12/08/2021 Regular 0.00 309.13 62118 8836 Safety-Kleen Systems Inc. 12/08/2021 Regular 0.00 270.79 62119 9206 Self Help Enterprises 12/08/2021 Regular 0.00 1,268.00 62120 1136 Silva Ford Madera 12/08/2021 Regular 0.00 4,477.70 62121 9376 Sparkletts 12/08/2021 Regular 0.00 4.99 62122
9951 T & T Pavement Markings & 12/08/2021 Regular 0.00 435.54 62123 10111 Terryberry 12/08/2021 Regular 0.00 2,565.92 62124 01170 Tesla Inc 12/08/2021 Regular 0.00 1,190.60 62125
10151 The Advance Group 12/08/2021 Regular 0.00 663.45 62126 11537 Toshiba Financial Services 12/08/2021 Regular 0.00 381.71 62127 10461 Turner's Auto Wrecking Inc. 12/08/2021 Regular 0.00 200.00 62128 13517 Tyler Technologies, Inc. 12/08/2021 Regular 0.00 47,247.85 62129 10566 US Bank 12/08/2021 Regular 0.00 1,200.00 62130
10571 US BANK (CAL-CARD) 12/08/2021 Regular 0.00 3,420.17 62131 11611 USPS Disbursing Officer 12/08/2021 Regular 0.00 13.84 62132 13745 Van De Pol Enterprises 12/08/2021 Regular 0.00 4,737.77 62133 12016 Vision Service Plan - (CA) 12/08/2021 Regular 0.00 790.81 62134 10911 Vulcan Materials 12/08/2021 Regular 0.00 817.85 62135 10956 Water Technology of Fresno 12/08/2021 Regular 0.00 600.00 62136 01173 Blair, Church & Flynn Consulting Engineers 12/08/2021 Regular 0.00 -1,432.00 62137 01173 Blair, Church & Flynn Consulting Engineers 12/08/2021 Regular 0.00 1,432.00 62137 13090 Yamabe and Horn Engineering Inc. 12/08/2021 Regular 0.00 121,014.11 62138 **Void** 12/08/2021 Regular 0.00 0.00 62139
01176 Sugar Ray's BBQ, LLC 12/15/2021 Regular 0.00 1,425.00 62140 01177 Greenhills Holiding ( A California Limited Partnership) 12/28/2021 Regular 0.00 262,667.00 62141 196 AFLAC 12/28/2021 Regular 0.00 2,572.70 62142
446 Anderson Pump Co 12/28/2021 Regular 0.00 125.92 62143 01173 Blair, Church & Flynn Consulting Engineers 12/28/2021 Regular 0.00 1,432.00 62144 01099 Branco Construction, Inc 12/28/2021 Regular 0.00 4,530.00 62145 13804 Bryan Heiss 12/28/2021 Regular 0.00 720.00 62146
1281 BSK Associates 12/28/2021 Regular 0.00 315.00 62147 1531 California Highway Patrol 12/28/2021 Regular 0.00 150.00 62148 1856 CDW Government, Inc. 12/28/2021 Regular 0.00 3,546.94 62149 1921 Central SJV RMA 12/28/2021 Regular 0.00 279,316.00 62150 2131 Chowchilla DoIt Best 12/28/2021 Regular 0.00 27.39 62151 2136 Chowchilla Employees Assn. 12/28/2021 Regular 0.00 210.00 62152 11457 Chowchilla Memorial Hospital 12/28/2021 Regular 0.00 15,000.00 62153 12408 Chowchilla Mid-Management 12/28/2021 Regular 0.00 220.00 62154 2166 Chowchilla Office 12/28/2021 Regular 0.00 135.00 62155 2171 Chowchilla Peace Officers 12/28/2021 Regular 0.00 1,161.00 62156 3031 Department of Justice/Acc 12/28/2021 Regular 0.00 128.00 62157 3041 Department of Motor Vehicles 12/28/2021 Regular 0.00 299.00 62158 3711 Farmers Hardware 12/28/2021 Regular 0.00 7.81 62159 12212 Fastenal Company 12/28/2021 Regular 0.00 469.51 62160 3836 Fitness Peak 12/28/2021 Regular 0.00 140.00 62161
11805 Fresno Police Department 12/28/2021 Regular 0.00 485.00 62162 Check Report Date Range: 12/01/2021 - 12/31/2021
1/5/2022 2:32:40 PM Page 3 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 4616 Grover Landscape Services Inc. 12/28/2021 Regular 0.00 6,570.91 62163 12225 Home Depot Credit Services 12/28/2021 Regular 0.00 1,764.44 62164 13451 James Dewall 12/28/2021 Regular 0.00 51.00 62165
01093 Kelby Grissom 12/28/2021 Regular 0.00 60.00 62166 5861 Law & Associates Investigations 12/28/2021 Regular 0.00 2,037.15 62167 6126 Lozano Smith, LLP 12/28/2021 Regular 0.00 33,007.40 62168 **Void** 12/28/2021 Regular 0.00 0.00 62169
6276 Madera County Environmental 12/28/2021 Regular 0.00 552.00 62170 13679 Michael Baker International Inc. 12/28/2021 Regular 0.00 12,580.00 62171 12282 Mid Valley Disposal Inc. 12/28/2021 Regular 0.00 105,010.23 62172 01096 Myles Guerrero 12/28/2021 Regular 0.00 60.00 62173 7516 Office Depot, Inc. 12/28/2021 Regular 0.00 151.75 62174 13790 PACE Supply Corp 12/28/2021 Regular 0.00 2,019.34 62175 11432 Prudential Overall Supply 12/28/2021 Regular 0.00 146.83 62176 6691 Rick Manuel Medeiros 12/28/2021 Regular 0.00 450.00 62177 8796 S & W Auto Parts Inc. 12/28/2021 Regular 0.00 203.89 62178 8906 San Joaquin Valley Air 12/28/2021 Regular 0.00 290.00 62179 9376 Sparkletts 12/28/2021 Regular 0.00 63.36 62180
9756 State Water Resources Control 12/28/2021 Regular 0.00 3,326.00 62181 9756 State Water Resources Control 12/28/2021 Regular 0.00 80,149.78 62182 9756 State Water Resources Control 12/28/2021 Regular 0.00 -80,149.78 62182 13633 TeamCalifornia Economic Development 12/28/2021 Regular 0.00 2,000.00 62183 10131 TF Tire & Service 12/28/2021 Regular 0.00 348.03 62184 13341 TJKM Transportation Consultants 12/28/2021 Regular 0.00 1,865.33 62185 13517 Tyler Technologies, Inc. 12/28/2021 Regular 0.00 250.00 62186 12044 U.S. Bank (PARS) 12/28/2021 Regular 0.00 215.24 62187 10571 US BANK (CAL-CARD) 12/28/2021 Regular 0.00 7,691.74 62188 13745 Van De Pol Enterprises 12/28/2021 Regular 0.00 399.33 62189 11031 West Coast Arborists Inc. 12/28/2021 Regular 0.00 3,400.00 62190 12381 Wilmer Inzunza 12/28/2021 Regular 0.00 60.00 62191 9756 State Water Resources Control 12/28/2021 Regular 0.00 80,149.78 62192 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Pooled Cash General Summary
Bank Drafts
EFT's
140
0 6
0 0
0.00 0.00
0.00 0.00
0.00 146 0.00
Payment
1,523,447.68
0.00 -94,161.78
0.00 0.00
1,429,285.90
Payable
Count
322
0 0
0 0
322
Check Report Date Range: 12/01/2021 - 12/31/2021
1/5/2022 2:32:40 PM Page 4 of 4
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
140
0 6
0 0
0.00 0.00
0.00 0.00
0.00 146 0.00
1,523,447.68
0.00 -94,161.78
0.00 0.00
1,429,285.90
322
0 0
0 0
322
Fund Name Period Amount
Fund Summary
999 Pooled Cash 12/2021 1,429,285.90
1,429,285.90
REPORT TO THE CITY COUNCIL
Item 3.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: January 11, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution Authorizing Continued Use of Remote Teleconferencing Provisions Pursuant to AB 361 and Government Code Section 54953
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopt a resolution authorizing the continued use of remote teleconferencing provisions pursuant to AB 361 and Government Code section 54953.
BACKGROUND:
On September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances:
(A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; or (B) 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; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
REASON FOR RECOMMENDATION:
In order for the City Council to continue use of teleconferencing as allowed by AB 361, it must first adopt the resolution allowing the City Council to conduct teleconferenced meetings for a period of thirty (30) days. In addition, AB 361 requires the City to continue to make specified findings every thirty (30) days thereafter. The last time this was presented on the agenda was December 14, 2021, or, 29 days ago.
FISCAL IMPACT:
None foreseen at time of report.
ALTERNATIVES:
Not adopt the resolution and revert to the original Brown Act rules for posting agendas when a member of the council remotely joins a City Council meeting.
ACTIONS FOLLOWING APPROVAL:
Continue to place the item on the City Council meeting agenda every 30-days to continue with the AB361 guidelines without disruption.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AUTHORIZING CONTINUED USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361 AND GOVERNMENT CODE SECTION 54953)
WHEREAS, the City Council of the City of Chowchilla (“City Council”) is committed to open and transparent government, and full compliance with the Ralph M. Brown Act (“Brown Act”); and WHEREAS, the Brown Act generally requires that a public agency take certain actions in order to use teleconferencing to attend a public meeting virtually; and WHEREAS, the City Council recognizes that a local emergency persists due to the worldwide COVID-19 pandemic; and
WHEREAS, the California Legislature has recognized the ongoing state of emergency due to the COVID-19 pandemic and has responded by creating an additional means for public meetings to be held via teleconference (inclusive of internet-based virtual meetings); and WHEREAS, on September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances: (A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; (B) 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; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, in order for the City Council to use teleconferencing as allowed by AB 361 after October 1, 2021, it must first adopt findings in a resolution, allowing the City Council to conduct teleconferenced meetings for a period of thirty (30) days; and WHEREAS, Governor Gavin Newsom declared a state of emergency for the State of California due to the COVID-19 pandemic in his order entitled “Proclamation of a State of Emergency,” signed March 4, 2020; and/or
WHEREAS, the California Occupational and Safety Health Administration (OSHA) continues to recommend certain social distancing requirements, as described in detail in California Code of Regulations Title 8, section 3205 Covid Prevention; and/or WHEREAS, Madera County Health Officer, Dr. Simon Paul issued a letter on October 8, 2021 recommending physical distancing measures by way of utilizing teleconferencing options for public meetings to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 virus; and
WHEREAS, on December 14, 2021, November 23, 2021, and October 26, 2021, the City Council continued use of the remote teleconferencing provisions originally adopted on September 28, 2021;
WHEREAS, the City Council hereby finds that the state and local emergencies have caused and will continue to cause imminent risks to the health or safety of attendees; and WHEREAS, the City Council is conducting its meetings through the use of telephonic and internet-based services so that members of the public may observe and participate in meetings and offer public comment.
NOW THEREFORE, BE IT RESOLVED, that the recitals set forth above are true and correct and fully incorporated into this Resolution by reference.
BE IT FURTHER RESOLVED, that the City Council is conducting meetings during a state of emergency and the County of Madera and OSHA recommend measures to promote social distancing.
BE IT FURTHER RESOLVED, that the City Council has determined that given the state of emergency, holding in-person only meetings would present imminent risks to the health or safety of attendees.
BE IT FURTHER RESOLVED, that the actions taken by the City Council through this resolution shall be applied to all City committees governed by the Brown Act unless otherwise desired by that committee.
BE IT FURTHER RESOLVED, the City Council authorizes the City Manager or their designee(s) to continue to take all actions necessary to conduct City Council meetings in accordance with AB 361 and Government Code section 54953(e) and all other applicable provisions of the Brown Act, using teleconferencing for a period of thirty (30) days from the adoption of this Resolution after which the City Council will again reconsider the circumstances of the state of emergency.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 11th day of January, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 6.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: January 11, 2022
AGENDA SECTION: New Business
SUBJECT: Consideration and Adoption of a City Council Resolution Authorizing the City Administrator to Execute a Professional Services Agreement with NBS, to Provide Community Facilities District (CFD) Formation Services for Infill Projects
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Resolution
Professional Services Proposal with NBS
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Administrator to execute a professional services agreement with NBS, to provide Community Facilities District (CFD) formation services for infill projects. Approval of the agreement is subject to the attorney’s review.
BACKGROUND
In 2006 the Community Facilities District was created to provide financing for infrastructure projects related to development across the City as well as city services. The CFD had the authority to issue $50 Million in bonds related to infrastructure improvements for Water, Wastewater, Storm Drain and Streets & Roads projects. $8,615,000 of bonds were issued in June 2007 and are currently set to be paid off in September 2037.
In January 2021 the City began looking into refunding that CFD to address multiple items. Those included the amount of bonding authority, the assessment calculations for both the capital improvements and the services components.
In doing this services component, it was discovered that a Fiscal Impact Analysis (FIA) was not performed in the previous CFD and staff felt it was needed to support the services assessments. That analysis was completed.
DISCUSSION:
While we are in the process of trying to complete the refunding/restructuring of the CFD 2006-1, we recognized there was a need for a services-only CFD for other parts of town that were not included in the 2006-1 CFD.
This would include infill projects that build in areas of town that already have development but still have some vacant lots to be developed. These types of lots would not have a capital infrastructure need to them as the area has mostly been developed and regular Development Impact Fees would cover any such improvements that would be needed.
It would not make sense to include these lots in the 2006-1 CFD that is currently being worked on because they have no part of the capital assessment calculation and only need to address the services component.
So, it made sense to staff to create a separate CFD for services only that would address infill projects.
The services only CFD will make assessments based off the FIA results that have been done in conjunction with the 2006-1 CFD refunding/restructuring. The study takes into account the impacts developments will have on the City from a services perspective. Services pertains to things such as fire, police, streets maintenance, parks, general and administrative, et cetera.
The FIA looks at revenue generated form a development and compares it to the cost of the increase in services needed. Revenues would include property taxes, sales tax, gas tax, VLF, et cetera.
The difference between what revenue is generated and the cost of new services needed is the shortfall that the assessments will cover. This will allow the City to provide the required services for those developments. The assessments are roughly around $600/year. They will be escalated over time to reflecte increases in service costs.
FISCAL IMPACT:
Please see the attached proposal from NBS to form the CFD for the details but it is for $16,000. This will be paid for out of the General Fund. It was not budgeted for and will be addressed in the mid-year budget review but there are salary savings in Finance from the Director position that could be used to pay for this.
ALTERNATIVES:
Do not approve this CFD formation and the City will continue on status quo.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH NBS, TO PROVIDE COMMUNITY FACILITIES DISTRICT (CFD) FORMATION
SERVICES FOR INFILL PROJECTS
WHEREAS, the City will be authorizing a Professional Services Agreement utilizing the services of NBS (“Contractor”) to provide consulting services for the formation of a new Community Facilities District; and,
WHEREAS, the Contractor currently provides services to the City for annual disclosure and reporting requirements for the CFD and other bonds issues by the City but that contract does not include the proposed scope of services; and,
WHEREAS, professional services such as those proposed for these scopes of services are ordinarily obtained via the Request for Proposals (“RFP”) process; wherein, competitive proposals are submitted by service providers and the selection is made on the basis of the best qualifications for the City’s needs. However, the cost in Exhibit A are below the threshold required for the RFP process; and, WHEREAS, the Contractor’s Professional Services Agreement with the City is being considered because of their history with forming the current CFD and expertise in these types of bond issues; and, WHEREAS, staff’s belief is that the Contractor’s knowledge and ability to assist the City with the formation of a new CFD will be unmatched by any other professional service provider, and as such, staff recommends that the Council award the contract for assisting the City with the proposed scope of services; and,
WHEREAS, a scope of services for the provision of activity delivery tasks is outlined in Exhibit ‘A’, the Proposal, which is attached hereto, and will expire once the formation of the CFD is complete; and, WHEREAS, under terms of the Agreement, it is understood that the City shall determine the need for and timing of any specific service, which shall be authorized on the basis of individual Task Orders approved by the City Administrator of City Council, as appropriate, and that Task Orders shall include a statement of justification or need, prepared by the City, and the following items to be prepared by the Consultant, including: a description of the work task to be undertaken; a list of work products; a general time line for start and completion of the work tasks; and a proposed fixed cost or hours required to be expended in the completion of the assignment; and,
WHEREAS, compensation for the performance of activity delivery services will be funded from the General Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The foregoing recitals are true and correct and are a substantive part of this Resolution.
2. The City Council hereby approves Professional Services Agreement with the Contractor in the form attached hereto as Attachment ‘A’, and authorizes the City Administrator to execute same on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of January 11, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
John Chavez, Mayor
ATTEST:
Joann McClendon, CMC
City Clerk
helping communities fund tomorrow
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
www.nbsgov.com
October 22, 2021
Mark Hamilton
Director of Community Development
City of Chowchilla
130 S. Second Street
Chowchilla, CA 93610
Subject: Agreement to Provide Community Facilities District (CFD) Formation Services related to a Services CFD for Oleander Terrace
Dear Mr. Hamilton,
NBS would like to thank you for the opportunity to provide CFD Formation Services for the City of Chowchilla (“City”) as referenced above. We look forward to continuing our professional relationship.
Please review and upon signing, email one copy to [email protected].
Scope of Services
Community Facilities District (CFD) Formation Services
(NON-BONDED, LANDOWNER VOTE)
KICK-OFF MEETING, PROJECT SCHEDULE
NBS will meet with City staff, legal counsel, and other interested parties to:
• Establish lines of communication
• Clarify the specific project goals and criteria that will meet the City’s preference • Identify and resolve any special circumstances regarding the formation of the CFD • Develop project schedules to meet legal requirements and provide for effective interaction of all involved parties
• Establish meeting dates consistent with schedule to achieve project milestones
LOCAL GOALS & POLICIES
NBS will review existing local goals and policies or assist the City in developing local goals and policies for the use of CFDs, as required by the Mello-Roos Community Facilities Act of 1982 (the “Act”).
DATA COLLECTION
NBS will gather and review data relevant to the formation of the CFD. Data will be obtained from various sources, including City records, Assessor’s parcel maps, and County Assessor information.
DISTRICT BOUNDARIES
NBS will make determinations of the property subject to the Special Tax.
City of Chowchilla
CFD Formation Services Page 2
• Establish boundaries for the CFD, giving consideration to both the project area and peripheral lands
• Verify ownership based on last equalized tax roll
• Formulate concepts with viable alternatives for spreading costs reasonably within the CFD boundary
COST ESTIMATE
NBS will obtain the estimate of project costs and incidental expenses and prepare a total project Cost Estimate.
RATE MODELING
NBS will analyze the property data and cost estimate to formulate concepts with viable alternatives for spreading costs reasonably within the CFD boundary, taking into account the overlapping debt, value to lien and overall tax burden on the property.
RATE AND METHOD OF APPORTIONMENT
NBS will formulate and present the Rate and Method of Apportionment to the City, legal counsel, the financial advisor and others, as appropriate.
MAPPING
NBS will prepare the Boundary Map and related documents and present to the City as required by the Act.
INTENT MEETING
NBS will present to City Council and the public regarding the CFD formation process, the analysis that led to the setting of CFD special tax rates, and the methodology developed for the special tax.
CFD REPORT
Based on the results of the aforementioned reviews, discussions and modifications, NBS will prepare a detailed written report including the Cost Estimate, the Rate and Method of Apportionment and the Boundary Map and present to the City, legal counsel, and property owners. NBS will file the Special Tax Report with the City Clerk.
PUBLIC HEARING
NBS will present all necessary testimony and respond to public comments regarding the district formation proceedings.
ELECTION
NBS will assist legal counsel in the preparation of the ballot materials for the landowner election.
City of Chowchilla
CFD Formation Services Page 3
Fees
CFD Formation Services
Consulting Fee1.................................................................................................................................. $14,500 Estimated Expenses2........................................................................................................................... $1,500 Total Not to Exceed ................................................................................................................. $16,000 1 Assumes landowner election with waiver of the extended election noticing 2 See description of expenses below
EXPENSES
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses may include, but not be limited to, mailing fulfillment, postage, reproduction, telephone, travel, meals and various third-party charges for data, maps, and recording fees.
ADDITIONAL SERVICES
The following table shows our current hourly rates. Additional services authorized by the City but not included in the scope of services will be billed at this rate or the then applicable hourly rate.
Title Hourly Rate
Director $225
Associate Director $210
Senior Consultant / Engineer / Manager $175
Consultant $155
Analyst $130
Clerical/Support $105
TERMS
Consulting services will be invoiced monthly. Expenses will be itemized and included in the next regular invoice. Fees for all other services will be invoiced upon completion of the task. If the project is prematurely terminated by either party, NBS shall receive payment for work completed. Payment shall be made within 30 days of submittal of an invoice. If payment is not received within 90 days simple interest will begin to accrue at the rate of 1.5% per month. Either party can cancel Consulting contracts with 30 days written notice.
CITY’S RESPONSIBILITIES
The City shall furnish NBS with any pertinent information that is available to City and applicable to the Services. The City shall designate a person to act with authority on its behalf in respect to the Services. The City shall promptly respond to NBS’ requests for reviews and approvals of its work, and to its requests for decisions related to the Services. City understands and agrees that NBS is entitled to rely on all information, data and documents (collectively, “Information”) supplied to NBS by City or any of its agents, contractors or proxies or obtained by NBS from other usual and customary sources including other government sources or City of Chowchilla
CFD Formation Services Page 4
proxies as being accurate and correct and NBS will have no obligation to confirm that such Information is correct and that NBS will have no liability to City or any third party if such Information is not correct.
INDEMNIFICATION
NBS shall defend, indemnify and hold harmless City, its officers, employees, officials and agents from and against all claims, demands, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, (collectively “Liabilities”) arising out of or resulting from the negligence or willful misconduct of NBS or a breach by NBS of its obligations under this Agreement, except to the extent such Liabilities are caused by the negligence or willful misconduct of City. NBS will not be liable to the City or anyone who may claim any right due to a relationship with City, for any acts or omissions in the performance of Services under this Agreement, unless those acts or omissions are due to the negligence or willful misconduct of NBS. Except in the case of NBS’ negligence, willful misconduct or breach of its obligations under this Agreement, City shall defend, indemnify and hold harmless NBS, its officers, directors, shareholders, employees and agents from and against all Liabilities to the extent that such Liabilities arise out of NBS performing Services pursuant to the terms of this Agreement, including, without limitation, any Liabilities arising as a result of City or any of its agents or contractors supplying incorrect Information or documentation to NBS. The provisions of this Section shall survive termination of this Agreement.
Please feel free to contact me if you have any questions or need further information.
Best regards,
NBS Government Finance Group, City of Chowchilla
DBA NBS
Michael Rentner Name
President and CEO October 22, 2021
Title Date Title Date