AGENDA
City Council Meeting Council Chamber, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
Tuesday, September 12, 2023
No Closed Session ~ Open Session: 4:00 p.m.
City Council meetings are available to view and participate via Zoom. Please read Page 3 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: Ray Barragan
Mayor Pro Tem: Kelly Smith
Council Members: Waseem Ahmed, John Chavez, Jeff Troost City staff and contract employees present will be recorded in the minutes.
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
OPEN SESSION – 4:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION:
PRESENTATIONS/WORKSHOP - Section 1
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 3 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.
City Council Meeting AGENDA September 12, 2023
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
2.2 STAFF VERBAL REPORTS
CONSENT CALENDAR – Section 3
All items listed under Consent Calendar are considered to be routine and will be enacted by one motion. For discussion of any Consent Item, it will be made a part of the Regular Agenda at the request of any member of the City Council or any person in the audience.
3.1 Approval of the August 22, 2023 City Council Meeting Minutes (McClendon)
3.2 Consideration and Acceptance of the August 2023 Check Register Report (Williams)
3.3 Consideration and Acceptance of the Quarterly Investment Report (Williams) PUBLIC HEARINGS – Section 4
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Authorizing the City Administrator to Enter into an Agreement with Prudential Overall Supply for Uniform Rental and Laundry Services: Public Works Department (Rogers)
6.2 Consideration and Adoption of a City Council Resolution Approving Budget Amendments for Fiscal Year 2023/2024 (Williams)
6.3 Consideration and Adoption of a City Council Resolution Accepting a Land Donation from Wood Ranchers, Inc., A California Corporation and Authorizing the City Administrator to Execute Necessary Agreements (Pruett)
ANNOUNCEMENTS – Section 7
SEP 23 CHOWCHILLA CENTENNIAL DINNER, EASTMAN HALL, 5:30 PM SEP 26 CITY COUNCIL MEETING, CITY HALL, 4PM
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 September, 2023 at or before 5:00pm.
Joann McClendon, CMC, City Clerk
Public meetings are open to the public to attend in-person. However, if you wish to attend remotely, please read the message below.
Zoom login instructions
Use the following url to start Zoom:
https://us06web.zoom.us/j/84276367184?pwd=QjRuekVhWEdhSzRZSD NyTFJqMEE0UT09
Passcode: 912 876
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-669-444-9171
Webinar ID: 842 7636 7184
Passcode: 912 876
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 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 Council 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.
Item 3.1
CLICK HERE
TO RETURN TO
THE AGENDA
MINUTES
City Council Meeting Council Chamber, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
Tuesday, August 22, 2023
No Closed Session ~ Open Session: 4:00 p.m.
CALL TO ORDER/ROLL CALL
Mayor: Ray Barragan
Mayor Pro Tem: Kelly Smith
Council Members: Waseem Ahmed, John Chavez (absent), Jeff Troost City staff and contract employees present: City Administrator Rod Pruett, City Attorney Mary Lerner, Police Chief Jeff Palmer, Fire Chief Fred Gaumnitz, Public Works Director Jason Rogers, Community & Economic Development Director Mark Hamilton, Finance Director Kerri Williams, Deputy Director of Recreation & Community Engagement Stacy Wisener, IT Systems Administrator Carlos Berrocal, City Clerk Joann McClendon
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
Mayor Barragan approved the agenda as presented.
OPEN SESSION – 4:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Pastor Doug Drainville
PRESENTATIONS/WORKSHOP - Section 1
1.1 Housing Element Informational Presentation, Housing Element Cycle 2024 – 2032 (Hamilton)
PUBLIC ADDRESS
No one spoke.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Ahmed, attended a MCEDC where they approved the budget for a new website and logo; attended a Serve online meeting which is a group consisting of multijurisdictional leaders within Madera County that discuss economic development topics; attended CESD’s Back 2 School Breakfast event and their Board meeting where approved updated development fees.
City Council Meeting MINUTES August 22, 2023
2.2 STAFF VERBAL REPORTS
Police Chief Palmer reviewed stats between the last meeting and today. There are 3 vacant officer positions; he and Lieutenant Denny and he went to the academy to recruit; he attended a Chowchilla Rotary meeting and will be attending a Chowchilla Lioness meeting; Madera county granted PD $60,000 in which they used to buy a vehicle for evidence tech for crime scene response. Remember school is back in session and be safe driving around the schools.
Fire Chief Gaumnitz reported that Assistant Chief Turner and Captain Belt traveled to South Dakota for the final inspection of the new fire engine.
Public Works Director Rogers attended a Greenhills Lakes Discussion meeting to provide information regarding their newest well that was approved by the City in 2021 and additional information. The MOU with the historical Society has been completed and signed by both parties.
Additionally, the State is currently reviewing the application for the state historical designation for the former library and that it may be considered at either their November or January meeting.
And, finally, the permit for Well #15 was received from Madera County. Our contractor will be mobilizing and setting up rig equipment the first part of September.
Community & Economic Development Director Hamilton is putting the word out of the Housing Element update; received certificate from California Economic Development; reviewing a development agreement for a local housing developer; working with other developers for Rancho Calera, including commercial developers.
Finance Director Williams is working on GASB standards, met with Muni Services to go over quarterly tax numbers; attended some CFD discussions with various developers; starting the year-end process to close last fiscal years’ books.
Deputy Director of Recreation & Community Engagement Wisener continuing to work on the Centennial Dinner as well as starting the process for the Halloween event and the Christmas events.
City Clerk McClendon will be registering members to the San Diego ICSC Conference and working on the Measure N Citizen’s Oversight Committee meeting/agenda.
City Administrator Pruett, with Director Rogers, attended a Fairmead project meeting.
CONSENT CALENDAR – Section 3
3.1 Approval of the July 25, 2023 City Council Meeting Minutes (McClendon)
3.2 Consideration and Acceptance of the July 2023 Check Register (Williams)
3.3 Consideration and Acceptance of the July 2023 Financial Report (Williams)
3.4 Consideration and Adoption of a City Council Resolution (62-23) Authorizing the City Administrator or Designee to Enter into an Agreement with Enterprise Fleet Management for Fleet Services and Execute all Related Documents Thereto (Rogers) Motion by Mayor Pro Tem Smith, Seconded by Council Member Troost to Approve the Consent Calendar as Presented. Motion passed by roll call vote with Council Member Chavez absent.
City Council Meeting MINUTES August 22, 2023
PUBLIC HEARINGS – Section 4
4.1 Consideration and Adoption of a City Council Resolution (63-23) Amending the Master User Fee Schedule (Williams)
Mayor Barragan opened the public hearing at 4:53 p.m.
No one came forward for or against the item.
Mayor Barragan closed the public hearing at 4:53 p.m.
Motion by Mayor Pro Tem Smith, Seconded by Council Member Troost to Approve City Council Resolution # 63-23, Amending the Master User Fee Schedule. Motion passed by roll call vote with Council Member Chavez absent.
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution (64-23) Approving New Agreements with Chowchilla Elementary School District and Chowchilla Union High School District for the Campus Resource Officer Program (Palmer) Motion by Council Member Ahmed, Seconded by Council Member Troost to Approve City Council Resolution # 64-23, Approving New Agreements with Chowchilla Elementary School District and Chowchilla Union High School District for the Campus Resource Officer Program. Motion passed by roll call vote with Council Member Chavez absent.
6.2 Consideration and Adoption of a City Council Resolution Awarding the Construction Contract for the Robertson/Kings & Robertson/Trinity Alley Paving Project, Federal Project No. CML-5258(041), to Avison Construction, Inc. in the Amount of $688,086.00, and Authorizing the City Administrator or Designee to Execute all Related Documents Thereto and Amending the Fiscal Year 2023/24 City Budget (Rogers) Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to Approve City Council Resolution # 65-23, Awarding the Construction Contract for the Robertson/Kings & Robertson/Trinity Alley Paving Project, Federal Project No. CML-5258(041), to Avison Construction, Inc. in the Amount of $688,086.00, and Authorizing the City Administrator or Designee to Execute all Related Documents Thereto and Amending the Fiscal Year 2023/24 City Budget. Motion passed by roll call vote with Council Member Chavez absent.
6.3 Consideration and Adoption of a City Council Resolution (66-23) Approving the Side Letter Agreement Between the City of Chowchilla and the Chowchilla Police Officers Association and Authorizing the City Administrator to Execute the Agreement (Pruett) Motion by Council Member Troost, Seconded by Council Member Ahmed to Approve City Council Resolution #66-23, Approving the Side Letter Agreement Between the City of Chowchilla and the Chowchilla Police Officers Association and Authorizing the City Administrator to Execute the Agreement. Motion passed by roll call vote with Council Member Chavez absent.
City Council Meeting MINUTES August 22, 2023
6.4 Consideration and Adoption of a City Council Resolution (67-23) Approving a Deposit/Reimbursement Agreement, Designating Consultants, and Authorizing and Directing Certain Actions Related to the Proposed Formation of a Community Facilities District (Pruett)
Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to Approve City Council Resolution #67-23, Approving a Deposit/Reimbursement Agreement to the Proposed Formation of a Community Facilities District. Motion passed by roll call vote with Council Member Chavez absent.
ANNOUNCEMENTS – Section 7
SEP 4 LABOR DAY, CITY OFFICES CLOSED
SEP 6 HOUSING ELEMENT WORKSHOP, CITY HALL, 6PM
SEP 12 CITY COUNCIL MEETING, CITY HALL, 4PM
SEP 20 PLANNING COMMISSION MEETING, CITY HALL, 5PM
ADJOURNMENT
Mayor Barragan Adjourned the August 22, 2023 City Council Meeting at 5:09 p.m.
ATTEST: APPROVED:
Joann McClendon, CMC, City Clerk Mayor Ray Barragan
REPORT TO THE CITY COUNCIL
Item 3.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: September 12, 2023
AGENDA SECTION: Consent
SUBJECT: Information Regarding Monthly Invoice Payments PREPARED BY: Kerri Williams, Finance Director
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 August 2023.
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.
9/5/2023 9:17:45 AM Page 1 of 7
Bank Transaction Report
Chowchilla, CA Transaction Detail
Issued Date Range: 08/01/2023 - 08/31/2023
Cleared Date Range: -
Cleared
Date Number Description Module Status Type Amount
Issued
Date
Bank Account: 200650906 - General Tricounties Bank
08/03/2023 65616 Ascencion Luna Utility Billing Outstanding Check -170.05 08/03/2023 65617 Martha S. Padilla / Maria Del Pilar Torres Utility Billing Outstanding Check -118.70 08/03/2023 65618 Tinisha Perez Utility Billing Outstanding Check -72.61 08/03/2023 65619 Relax Massage C/O Chunhai Luo Utility Billing Outstanding Check -291.17 08/03/2023 65620 Adrian Flores Utility Billing Outstanding Check -15.52 08/03/2023 65621 Gregg Durden Utility Billing Outstanding Check -112.11 08/03/2023 65622 AFLAC Accounts Payable Outstanding Check -1,125.01 08/03/2023 65623 American Fidelity Accounts Payable Outstanding Check -1,302.90 08/03/2023 65624 American Fidelity Accounts Payable Outstanding Check -950.00 08/03/2023 65625 Ashley Roach Accounts Payable Outstanding Check -34.00 08/03/2023 65626 AT & T Accounts Payable Outstanding Check -85.60 08/03/2023 65627 AT & T CALNET Accounts Payable Outstanding Check -1,516.64 08/03/2023 65628 Badger Meter Inc. Accounts Payable Outstanding Check -611.13 08/03/2023 65629 Baker Supplies and Repairs Accounts Payable Outstanding Check -41.53 08/03/2023 65630 Blue Shield of California Accounts Payable Outstanding Check -73,637.18 08/03/2023 65631 BSK Associates Accounts Payable Outstanding Check -1,134.00 08/03/2023 65632 Buzz's Perfection Glass Accounts Payable Outstanding Check -11,170.36 08/03/2023 65632 Buzz's Perfection Glass Reversal Accounts Payable Outstanding Check Reversal 11,170.36 08/03/2023 65633 California CLETS User Group Accounts Payable Outstanding Check -425.00 08/03/2023 65634 CDW Government, Inc. Accounts Payable Outstanding Check -3,699.56 08/03/2023 65635 Chowchilla Volunteer Fire Department, Inc. Accounts Payable Outstanding Check -100,000.00 08/03/2023 65636 City of Chowchilla-CH Accounts Payable Outstanding Check -29.75 08/03/2023 65637 City of Foster City Accounts Payable Outstanding Check -3,975.00 08/03/2023 65638 CivicPlus, LLC Accounts Payable Outstanding Check -5,300.70 08/03/2023 65639 Comcast Accounts Payable Outstanding Check -49.13 08/03/2023 65640 Community Regional Medical Center Accounts Payable Outstanding Check -800.00 08/03/2023 65641 Consolidated Electrical Distributors Accounts Payable Outstanding Check -718.30 08/03/2023 65642 DATCO Services Coporation Accounts Payable Outstanding Check -63.00 08/03/2023 65643 Department of Justice/Acc B/A Accounts Payable Outstanding Check -105.00 08/03/2023 65644 Dora's Fashion Accounts Payable Outstanding Check -315.00 08/03/2023 65645 Fastenal Company Accounts Payable Outstanding Check -620.38 08/03/2023 65646 Law & Associates Investigations Accounts Payable Outstanding Check -700.00 08/03/2023 65647 Mace Pest Control Accounts Payable Outstanding Check -90.00 08/03/2023 65648 Madera County Animal Services Accounts Payable Outstanding Check -230.00 08/03/2023 65649 Madera County Economic Development Commission Accounts Payable Outstanding Check -9,466.61 08/03/2023 65650 Madera Tribune Accounts Payable Outstanding Check -1,160.25 Bank Transaction Report Issued Date Range: -
9/5/2023 9:17:45 AM Page 2 of 7
Cleared
Date Number Description Module Status Type Amount
Issued
Date
08/03/2023 65651 Monica Blanc Accounts Payable Outstanding Check -34.00 08/03/2023 65652 MuniServices LLC Accounts Payable Outstanding Check -56.34 08/03/2023 65653 Myers Stevens & Toohey & Co Inc Accounts Payable Outstanding Check -723.00 08/03/2023 65654 National Pen Co. LLC Accounts Payable Outstanding Check -870.74 08/03/2023 65655 Navia Benefit Solutions Accounts Payable Outstanding Check -64.80 08/03/2023 65656 ODP Business Solutions, LLC Accounts Payable Outstanding Check -2,242.04 08/03/2023 65657 Void Check Accounts Payable Voided Check 0.00 08/03/2023 65658 PARS Accounts Payable Outstanding Check -487.59 08/03/2023 65659 Principal Life Insurance Company Accounts Payable Outstanding Check -8,584.00 08/03/2023 65660 Prudential Overall Supply Accounts Payable Outstanding Check -634.78 08/03/2023 65661 Quad Knopf, Inc. Accounts Payable Outstanding Check -51,020.28 08/03/2023 65662 Riggs Ambulance Service Accounts Payable Outstanding Check -100.00 08/03/2023 65663 Self Help Enterprises Accounts Payable Outstanding Check -693.00 08/03/2023 65664 Sitting Pretty Accounts Payable Outstanding Check -15,000.00 08/03/2023 65665 Sparkletts Accounts Payable Outstanding Check -150.81 08/03/2023 65666 T-Mobile USA Inc Accounts Payable Outstanding Check -110.72 08/03/2023 65667 TransNations Translations, Inc. Accounts Payable Outstanding Check -90.00 08/03/2023 65668 US BANK (CAL-CARD) Accounts Payable Outstanding Check -12,989.62 08/03/2023 65669 USA North 811 Accounts Payable Outstanding Check -411.61 08/03/2023 65670 Van De Pol Enterprises Accounts Payable Outstanding Check -6,992.39 08/03/2023 65671 Verizon Wireless Accounts Payable Outstanding Check -2,810.43 08/03/2023 65672 Vision Service Plan - (CA) Accounts Payable Outstanding Check -879.30 08/03/2023 65673 White's Weed Abatement & Lawn Care Accounts Payable Outstanding Check -16,220.00 08/03/2023 65674 Wulff, Hansen & Company Accounts Payable Outstanding Check -2,500.00 08/03/2023 65675 Yamabe and Horn Engineering Inc. Accounts Payable Outstanding Check -240.46 08/03/2023 65676 Zoom Imaging Solutions, Inc. Accounts Payable Outstanding Check -295.82 08/08/2023 65677 Atlas Commercial Products Accounts Payable Outstanding Check -4,875.50 08/08/2023 65678 Madera County Tax Collector Accounts Payable Outstanding Check -1,166.40 08/09/2023 65679 Adrian Rocha Accounts Payable Outstanding Check -672.56 08/09/2023 65680 CA State Disbursement Unit Accounts Payable Outstanding Check -385.37 08/09/2023 65681 Chowchilla City Police Officers Association Accounts Payable Outstanding Check -860.00 08/09/2023 65682 Void Check Accounts Payable Voided Check 0.00 08/09/2023 65683 Chowchilla Employees Assn. Accounts Payable Outstanding Check -210.00 08/09/2023 65684 Chowchilla Mid-Management Accounts Payable Outstanding Check -130.00 08/09/2023 65685 Chowchilla Office Accounts Payable Outstanding Check -90.00 08/09/2023 65686 Dawnya Rambo Accounts Payable Outstanding Check -824.89 08/09/2023 65687 Everett S Dunn Accounts Payable Outstanding Check -240.72 08/09/2023 65688 Fitness Peak Accounts Payable Outstanding Check -87.50 08/09/2023 65689 Jeff Troost Accounts Payable Outstanding Check -284.40 08/09/2023 65690 John Chavez Accounts Payable Outstanding Check -210.61 08/09/2023 65691 Sequoia R. Jordan Accounts Payable Outstanding Check -1,472.58 08/09/2023 65692 U.S. Bank (PARS) Accounts Payable Outstanding Check -310.22 08/09/2023 65693 Waseem Ahmed Accounts Payable Outstanding Check -284.40 Bank Transaction Report Issued Date Range: -
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Cleared
Date Number Description Module Status Type Amount
Issued
Date
08/17/2023 65694 AFLAC Accounts Payable Outstanding Check -897.07 08/17/2023 65695 Alert-O-Lite Inc. Accounts Payable Outstanding Check -396.54 08/17/2023 65696 American Fidelity Accounts Payable Outstanding Check -1,900.00 08/17/2023 65697 Anderson Pump Co Accounts Payable Outstanding Check -154.45 08/17/2023 65698 AT & T Accounts Payable Outstanding Check -312.45 08/17/2023 65699 Baker Supplies and Repairs Accounts Payable Outstanding Check -491.32 08/17/2023 65700 BSK Associates Accounts Payable Outstanding Check -812.00 08/17/2023 65701 CDW Government, Inc. Accounts Payable Outstanding Check -1,717.55 08/17/2023 65702 Chowchilla City Police Officers Association Accounts Payable Outstanding Check -860.00 08/17/2023 65703 Void Check Accounts Payable Voided Check 0.00 08/17/2023 65704 Chowchilla District Chamber of Commerce Accounts Payable Outstanding Check -500.00 08/17/2023 65705 Chowchilla Do It Best Accounts Payable Outstanding Check -67.20 08/17/2023 65706 Chowchilla Lioness Lions Club Accounts Payable Outstanding Check -320.00 08/17/2023 65707 Chowchilla Union High School District Accounts Payable Outstanding Check -4,537.57 08/17/2023 65708 Comcast Accounts Payable Outstanding Check -245.16 08/17/2023 65709 Consolidated Electrical Distributors Accounts Payable Outstanding Check -289.76 08/17/2023 65710 County of Madera Accounts Payable Outstanding Check -60.00 08/17/2023 65711 Daniel Denny Accounts Payable Outstanding Check -259.00 08/17/2023 65712 David Burnett Accounts Payable Outstanding Check -17.00 08/17/2023 65713 David Burnett Accounts Payable Outstanding Check -16.00 08/17/2023 65714 David Hall Masonry, Inc. Accounts Payable Outstanding Check -3,375.00 08/17/2023 65715 De Lage Landen Financial Services Inc. Accounts Payable Outstanding Check -1,598.99 08/17/2023 65716 Dell, Inc. Accounts Payable Outstanding Check -921.85 08/17/2023 65717 Department of Justice/Acc B/A Accounts Payable Outstanding Check -307.00 08/17/2023 65718 Elk Grove Auto Group Accounts Payable Outstanding Check -47,788.06 08/17/2023 65719 Ewing Irrigation Products Inc. Accounts Payable Outstanding Check -125.55 08/17/2023 65720 Farmers Hardware Accounts Payable Outstanding Check -1,502.19 08/17/2023 65721 Void Check Accounts Payable Voided Check 0.00 08/17/2023 65722 Void Check Accounts Payable Voided Check 0.00 08/17/2023 65723 Farnesi's Steakhouse Accounts Payable Outstanding Check -52,500.00 08/17/2023 65724 Fastenal Company Accounts Payable Outstanding Check -573.06 08/17/2023 65725 Gary V. Twitty Accounts Payable Outstanding Check -379.50 08/17/2023 65726 Grover Landscape Services Inc. Accounts Payable Outstanding Check -5,849.29 08/17/2023 65727 Home Depot Credit Services Accounts Payable Outstanding Check -1,453.02 08/17/2023 65728 Void Check Accounts Payable Voided Check 0.00 08/17/2023 65729 Horizon Distributors Inc. Accounts Payable Outstanding Check -64.69 08/17/2023 65730 Ingraham Trophies Accounts Payable Outstanding Check -224.03 08/17/2023 65731 Interstate Battery of Fresno Accounts Payable Outstanding Check -795.99 08/17/2023 65732 James B Roach Accounts Payable Outstanding Check -759.00 08/17/2023 65733 Janae Lacey Accounts Payable Outstanding Check -207.13 08/17/2023 65734 Jeffery Palmer Accounts Payable Outstanding Check -259.00 08/17/2023 65735 JMP Office Technologies Accounts Payable Outstanding Check -81.20 08/17/2023 65736 Jonise Arredondo Accounts Payable Outstanding Check -149.02 Bank Transaction Report Issued Date Range: -
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Cleared
Date Number Description Module Status Type Amount
Issued
Date
08/17/2023 65737 Kelby Grissom Accounts Payable Outstanding Check -51.00 08/17/2023 65738 Kelly Moore Paint Company Inc. Accounts Payable Outstanding Check -360.70 08/17/2023 65739 Kelly Smith Accounts Payable Outstanding Check -48.00 08/17/2023 65740 L.N. Curtis & Sons Accounts Payable Outstanding Check -7,419.96 08/17/2023 65741 Liebert Cassidy Whitmore Accounts Payable Outstanding Check -2,600.00 08/17/2023 65742 Mace Pest Control Accounts Payable Outstanding Check -220.00 08/17/2023 65743 Madera County LAFCO Accounts Payable Outstanding Check -7,224.84 08/17/2023 65744 Madera Pump Inc. Accounts Payable Outstanding Check -807.50 08/17/2023 65745 Madera Tribune Accounts Payable Outstanding Check -56.10 08/17/2023 65746 Michael Baker International Inc. Accounts Payable Outstanding Check -7,172.55 08/17/2023 65747 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -139,300.43 08/17/2023 65748 Mobile ID Solutions, Inc Accounts Payable Outstanding Check -669.90 08/17/2023 65749 MuniServices LLC Accounts Payable Outstanding Check -1,104.95 08/17/2023 65750 Myers Stevens & Toohey & Co Inc Accounts Payable Outstanding Check -752.70 08/17/2023 65751 NBS Government Finance Group Accounts Payable Outstanding Check -1,500.00 08/17/2023 65752 Nicholas Palmer Accounts Payable Outstanding Check -85.00 08/17/2023 65753 Nicholas Palmer Accounts Payable Outstanding Check -2,002.05 08/17/2023 65754 ODP Business Solutions, LLC Accounts Payable Outstanding Check -170.75 08/17/2023 65755 O'Reilly Auto Parts Accounts Payable Outstanding Check -354.75 08/17/2023 65756 PACE Supply Corp Accounts Payable Outstanding Check -1,043.87 08/17/2023 65757 PacWest Direct Accounts Payable Outstanding Check -588.82 08/17/2023 65758 PARS Accounts Payable Outstanding Check -487.59 08/17/2023 65759 Precision Civil Engineering, Inc. Accounts Payable Outstanding Check -10,677.50 08/17/2023 65760 Price Paige & Company CPA's LLP Accounts Payable Outstanding Check -9,933.00 08/17/2023 65761 PROtech Security & Electronics Inc. Accounts Payable Outstanding Check -7,129.20 08/17/2023 65762 Prudential Overall Supply Accounts Payable Outstanding Check -333.40 08/17/2023 65763 Purl's Sheet Metal & Air Conditioning Inc. Accounts Payable Outstanding Check -1,074.38 08/17/2023 65764 Quad Knopf, Inc. Accounts Payable Outstanding Check -27,409.46 08/17/2023 65765 Railworks Track Systems LLC Accounts Payable Outstanding Check -16,874.00 08/17/2023 65766 S & W Auto Parts Inc. Accounts Payable Outstanding Check -97.44 08/17/2023 65767 Safety-Kleen Systems Inc. Accounts Payable Outstanding Check -288.32 08/17/2023 65768 Sparkletts Accounts Payable Outstanding Check -60.92 08/17/2023 65769 Stacy Burns Accounts Payable Outstanding Check -259.00 08/17/2023 65770 Steves Chevrolet of Chowchilla, LLC Accounts Payable Outstanding Check -341.70 08/17/2023 65771 Superior Pool Products, LLC Accounts Payable Outstanding Check -3,304.86 08/17/2023 65772 The Sand Trap Bar & Grill Accounts Payable Outstanding Check -52,500.00 08/17/2023 65773 Tiffin Metal Products LLC Accounts Payable Outstanding Check -9,359.00 08/17/2023 65774 Toshiba Financial Services Accounts Payable Outstanding Check -381.72 08/17/2023 65775 Tyler Technologies, Inc. Accounts Payable Outstanding Check -1,645.00 08/17/2023 65776 U.S. Security Supply, Inc. Accounts Payable Outstanding Check -629.11 08/17/2023 65777 US Bank Accounts Payable Outstanding Check -5,390.00 08/17/2023 65778 US BANK (CAL-CARD) Accounts Payable Outstanding Check -9,269.72 08/17/2023 65779 Void Check Accounts Payable Voided Check 0.00 Bank Transaction Report Issued Date Range: -
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Cleared
Date Number Description Module Status Type Amount
Issued
Date
08/17/2023 65780 US Post Office Accounts Payable Outstanding Check -2,387.68 08/17/2023 65781 USA Bluebook Accounts Payable Outstanding Check -1,643.90 08/17/2023 65782 Van De Pol Enterprises Accounts Payable Outstanding Check -6,813.15 08/22/2023 65783 Fortis Construction Utility Billing Outstanding Check -100.36 08/22/2023 65784 Karson Bishop Utility Billing Outstanding Check -204.35 08/24/2023 65785 Adrian Rocha Accounts Payable Outstanding Check -672.56 08/24/2023 65786 CA State Disbursement Unit Accounts Payable Outstanding Check -385.37 08/24/2023 65787 Chowchilla City Police Officers Association Accounts Payable Outstanding Check -860.00 08/24/2023 65788 Void Check Accounts Payable Voided Check 0.00 08/24/2023 65789 Chowchilla Employees Assn. Accounts Payable Outstanding Check -210.00 08/24/2023 65790 Chowchilla Mid-Management Accounts Payable Outstanding Check -130.00 08/24/2023 65791 Chowchilla Office Accounts Payable Outstanding Check -90.00 08/24/2023 65792 Dawnya Rambo Accounts Payable Outstanding Check -647.11 08/24/2023 65793 Fitness Peak Accounts Payable Outstanding Check -87.50 08/24/2023 65794 Madera County Sheriff Civil Division Accounts Payable Outstanding Check -550.01 08/24/2023 65795 Sequoia R. Jordan Accounts Payable Outstanding Check -1,468.49 08/24/2023 65796 U.S. Bank (PARS) Accounts Payable Outstanding Check -115.74 08/24/2023 65797 American Fidelity Accounts Payable Outstanding Check -1,302.90 08/24/2023 65798 AutoZone Parts, Inc Accounts Payable Outstanding Check -59.80 08/24/2023 65799 BSK Associates Accounts Payable Outstanding Check -922.00 08/24/2023 65800 Consolidated Electrical Distributors Accounts Payable Outstanding Check -469.07 08/24/2023 65801 Dave Christian Construction Inc. Accounts Payable Outstanding Check -152,235.76 08/24/2023 65802 Ewing Irrigation Products Inc. Accounts Payable Outstanding Check -312.04 08/24/2023 65803 Farmers Hardware Accounts Payable Outstanding Check -5.37 08/24/2023 65804 Fastenal Company Accounts Payable Outstanding Check -475.09 08/24/2023 65805 Grover Landscape Services Inc. Accounts Payable Outstanding Check -5,849.29 08/24/2023 65806 Ingraham Trophies Accounts Payable Outstanding Check -24.08 08/24/2023 65807 Jason Rogers Accounts Payable Outstanding Check -545.89 08/24/2023 65808 L.N. Curtis & Sons Accounts Payable Outstanding Check -22,979.55 08/24/2023 65809 Mace Pest Control Accounts Payable Outstanding Check -95.00 08/24/2023 65810 Madera Tribune Accounts Payable Outstanding Check -222.30 08/24/2023 65811 Monica Blanc Accounts Payable Outstanding Check -259.00 08/24/2023 65812 Nicholas Palmer Accounts Payable Outstanding Check -259.00 08/24/2023 65813 Occupational Health Centers of California Accounts Payable Outstanding Check -162.50 08/24/2023 65814 Prudential Overall Supply Accounts Payable Outstanding Check -194.79 08/24/2023 65815 Quad Knopf, Inc. Accounts Payable Outstanding Check -21,763.28 08/24/2023 65816 Rick Manuel Medeiros Accounts Payable Outstanding Check -450.00 08/24/2023 65817 Self Help Enterprises Accounts Payable Outstanding Check -693.00 08/24/2023 65818 Sparkletts Accounts Payable Outstanding Check -89.88 08/24/2023 65819 Super Circuits Inc. Accounts Payable Outstanding Check -2,583.72 08/24/2023 65820 Superior Pool Products, LLC Accounts Payable Outstanding Check -1,651.94 08/24/2023 65821 United Rentals Inc. Accounts Payable Outstanding Check -134.86 08/24/2023 65822 Vision Service Plan - (CA) Accounts Payable Outstanding Check -852.21 Bank Transaction Report Issued Date Range: -
9/5/2023 9:17:45 AM Page 6 of 7
Cleared
Date Number Description Module Status Type Amount
Issued
Date
08/24/2023 65823 Waseem Ahmed Accounts Payable Outstanding Check -356.50 08/24/2023 65824 Waseem Ahmed Accounts Payable Outstanding Check -549.26 08/24/2023 65825 WATTCO Accounts Payable Outstanding Check -1,048.02 08/24/2023 65826 American Fidelity Accounts Payable Outstanding Check -950.00 08/24/2023 65827 Buzz's Perfection Glass Accounts Payable Outstanding Check -11,170.36 08/31/2023 65828 A-1 National Fence Accounts Payable Outstanding Check -2,548.00 08/31/2023 65829 AT & T CALNET Accounts Payable Outstanding Check -1,628.13 08/31/2023 65830 AutoZone Parts, Inc Accounts Payable Outstanding Check -53.02 08/31/2023 65831 Blue Shield of California Accounts Payable Outstanding Check -67,142.78 08/31/2023 65832 Central Valley Toxicology Inc. Accounts Payable Outstanding Check -91.00 08/31/2023 65833 Chowchilla Do It Best Accounts Payable Outstanding Check -34.42 08/31/2023 65834 David Burnett Accounts Payable Outstanding Check -379.50 08/31/2023 65835 Farmers Hardware Accounts Payable Outstanding Check -12.08 08/31/2023 65836 Grover Landscape Services Inc. Accounts Payable Outstanding Check -1,907.00 08/31/2023 65837 Healthwise Services, LLC Accounts Payable Outstanding Check -386.38 08/31/2023 65838 Interstate Gas Services Inc. Accounts Payable Outstanding Check -450.00 08/31/2023 65839 JMP Office Technologies Accounts Payable Outstanding Check -588.00 08/31/2023 65840 John Chavez Accounts Payable Outstanding Check -414.42 08/31/2023 65841 L.N. Curtis & Sons Accounts Payable Outstanding Check -55,058.51 08/31/2023 65842 Law Dog K9 Accounts Payable Outstanding Check -7,200.00 08/31/2023 65843 Lozano Smith, LLP Accounts Payable Outstanding Check -16,267.56 08/31/2023 65844 Madera County Animal Services Accounts Payable Outstanding Check -517.50 08/31/2023 65845 Madera Tribune Accounts Payable Outstanding Check -126.75 08/31/2023 65846 MidAmerica Administrative & Retirement Soluctins, LLC Accounts Payable Outstanding Check -231.00 08/31/2023 65847 ODP Business Solutions, LLC Accounts Payable Outstanding Check -1,244.21 08/31/2023 65848 Principal Life Insurance Company Accounts Payable Outstanding Check -8,626.77 08/31/2023 65849 Prudential Overall Supply Accounts Payable Outstanding Check -243.30 08/31/2023 65850 Quad Knopf, Inc. Accounts Payable Outstanding Check -5,173.90 08/31/2023 65851 Quadient Leasing USA, Inc. Accounts Payable Outstanding Check -632.10 08/31/2023 65852 RGC General Contractor Inc. Accounts Payable Outstanding Check -12,800.00 08/31/2023 65853 Rod Pruett Accounts Payable Outstanding Check -514.50 08/31/2023 65854 Southern Tire Mart LLC Accounts Payable Outstanding Check -912.74 08/31/2023 65855 Superior Pool Products, LLC Accounts Payable Outstanding Check -1,671.94 08/31/2023 65856 T-Mobile USA Inc Accounts Payable Outstanding Check -126.60 08/31/2023 65857 Tony Gaither Accounts Payable Outstanding Check -34.00 08/31/2023 65858 Turner's Towing Accounts Payable Outstanding Check -100.00 08/31/2023 65859 US BANK (CAL-CARD) Accounts Payable Outstanding Check -8,397.24 08/31/2023 65860 Van De Pol Enterprises Accounts Payable Outstanding Check -6,159.18 08/31/2023 65861 Verizon Wireless Accounts Payable Outstanding Check -3,185.21 08/31/2023 65862 Waseem Ahmed Accounts Payable Outstanding Check -686.11 Bank Account 200650906 Total: (248) -1,259,595.07
Report Total: (248) -1,259,595.07
Bank Transaction Report Issued Date Range: -
9/5/2023 9:17:45 AM Page 7 of 7
Summary
Bank Account Count Amount
200650906 General Tricounties Bank 248 -1,259,595.07
Report Total: 248 -1,259,595.07
Cash Account Count Amount
**No Cash Account** 8 0.00
999 999-0100-0215 Cash In Bank 240 -1,259,595.07
Report Total: 248 -1,259,595.07
Transaction Type Count Amount
Check 247 -1,270,765.43
Check Reversal 1 11,170.36
Report Total: 248 -1,259,595.07
REPORT TO THE CITY COUNCIL
Item 3.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: September 12, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration and Acceptance of the Quarterly Financial Investment Report
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: LAIF Statement, Portfolio Earnings Memo
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Review the Quarterly Financial Investment Report.
BACKGROUND:
In accordance with Section 53601 of the California Government Code and the City’s Investment policy, the City is authorized to invest in Certificates of Deposit, the California Local Agency Investment Fund (LAIF).
In addition to LAIF, the City began investing in Treasury Securities in October 2022 after City Council approval as they typically yield higher interest than LAIF and allows the City to have some diversity in its portfolio. The Treasury securities purchased by the City on December 6, 2022 and March 31, 2023 have an aggregate ‘maturity value’ or ‘face value’ of $18,158,900 but the ‘principal cost’ of the securities was only $17,631,183, meaning the securities were purchased at an aggregate discount of $527,717. Each time a Treasury security in the portfolio matures, the City will be paid the ‘maturity value’ or ‘face value’ of that security. If such security was purchased at a discount and then held to maturity, then the difference between the discounted principal cost of the security and the face value of the security represents ‘income’ to the City, similar to interest earnings. The City is using Wulff, Hansen & Co. as our Municipal Advisor to oversee the portfolio.
FISCAL IMPACT:
The US Treasury Securities Custodial Account has a fair market value of $15,288,218 and for the last quarter recognized $173,358 in investment earnings, which includes accrued interest and amortized discount. Accrued interest is interest that has been earned but not yet paid. During the period from March 31, 2023 through June 30, 2023, the City earned accrued interest of $55,519. Amortized discount represents that portion of any discount that has been earned, but not yet paid. As of June 30, 2023, the portfolio’s amortized discount was $117,839.
Interest is allocated to all funds that have a positive cash balance. Currently the City has $13,006,764 in LAIF and for the last quarter received $101,326 in interest.
Untitled Page
file:///Z/...L/MEETINGS.COUNCIL/2023%20COUNCIL%20MEETINGS/09.12.2023%20CC%20MTG/LAIF%20Statement%206.30.23.html[9/7/2023 8:39:22 AM] MALIA M. COHEN
California State Controller
LOCAL AGENCY INVESTMENT FUND
REMITTANCE ADVICE
Agency Name CHOWCHILLA
Account Number 98-20-153
As of 07/14/2023, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 06/30/2023.
Earnings Ratio .00008636172883763
Interest Rate 3.15%
Dollar Day Total $ 1,173,272,192.30
Quarter End Principal Balance $ 12,905,437.71
Quarterly Interest Earned $ 101,325.81
To Rod Pruett and Kerri Williams, City of Chowchilla
From Steven Gortler, Bud Levine and Rob Pankratz, Wulff, Hansen & Co.
Date August 11, 2023
Subject Quarterly Portfolio Earnings from April 1, 2023 through June 30, 2023 Cumulative Portfolio Earnings from Dec. 6, 2022 through June 30, 2023 The City of Chowchilla currently owns the following six U.S. Treasury securities, listed in chronological order by maturity date:
All dollar amounts are rounded to the nearest dollar.
* Accrued interest paid by City to Winning Bidder.
Quarterly Book Earnings
During the quarterly period from April 1, 2023 through June 30, 2023, the City of Chowchilla’s laddered portfolio of U.S. Treasury securities had book earnings of $173,358 which is equivalent to an annualized book yield of 4.68%. By comparison, during the same period the average daily yield paid on deposits in the Local Agency Investment Fund (LAIF) was 3.01%.
Quarterly book earnings of $173,358 include the following:
• $55,519 of interest that was earned during the quarter, plus • $117,839 of discount that accreted during the quarter.
Fees
The amounts shown above do not take into account any of the fees that were incurred by the City for services provided by the Municipal Advisor, Bidding Agent / Registered Investment Advisor or Custodian Bank. The total fees incurred by the City during the quarter were approximately $3,975.
CUSIP
Number
Purchase
Date
Face
Value
Coupon
Rate
Price Discount Principal
Cost
Accrued
Interest*
Total
Cost
Final
Maturity
Yield to
Maturity
91282CDA6 Dec. 6, 2022 2,613,000 0.250% 96.457 92,590 2,520,410 1,202 2,521,613 Sep. 30, 2023 4.73% 91282CDR9 Dec. 6, 2022 2,511,000 0.750% 95.893 103,117 2,407,883 8,137 2,416,020 Dec. 31, 2023 4.74% 91282CEG2 Mar. 31, 2023 2,762,000 2.250% 97.763 61,800 2,700,200 - 2,700,200 Mar. 31, 2024 4.56% 91282CEX5 Dec. 6, 2022 2,548,000 3.000% 97.554 62,329 2,485,671 33,027 2,518,698 Jun. 30, 2024 4.63% 912828YH7 Jun. 30, 2023 2,774,000 1.500% 95.805 116,369 2,657,631 10,346 2,667,976 Sep. 30, 2024 5.00% 9128283P3 Dec. 6, 2022 2,529,000 2.250% 95.770 106,979 2,422,021 24,586 2,446,606 Dec. 31, 2024 4.41% 15,737,000 543,184 15,193,816 77,298 15,271,113
As you can see from the graph below, Treasury yields have increased dramatically since early 2022, due to sharply higher inflation and due to the Federal Reserve Board’s efforts to combat inflation by aggressively raising short-term interest rates. For example, a 6-month Treasury security currently yields 5.52% as compared to 0.22% on January 3, 2022.
Moreover, the increase in Treasury yields has far out-paced the increase in the yield that is paid on deposits in the Local Agency Investment Fund (LAIF).
Aggregate Book Earnings
The City of Chowchilla initially purchased a laddered portfolio of U.S. Treasury securities on December 6, 2022 at a total cost of $14,999,925. Since then, the City has re-invested the proceeds from two maturing securities.
Overall, during the period from December 6, 2022 through June 30, 2023, the City of Chowchilla’s laddered portfolio of U.S. Treasury securities has had aggregate book earnings of $394,249 which is equivalent to an annualized book yield of 4.66%. By comparison, during the same period the average daily yield paid on deposits in the Local Agency Investment Fund (LAIF) was 2.74%.
Aggregate book earnings of $394,249 include the following:
• $107,912 of interest that was earned during the period, plus • $286,337 of discount that accreted during the period.
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
4.00%
4.50%
5.00%
5.50%
Jan.
2022
Feb.
2022
Mar.
2022
Apr.
2022
May
2022
Jun.
2022
Jul.
2022
Aug.
2022
Sep.
2022
Oct.
2022
Nov.
2022
Dec.
2022
Jan.
2023
Feb.
2023
Mar.
2023
Apr.
2023
May
2023
Jun.
2023
Jul.
2023
Aug.
2023
Annual Yield
Yield Comparison: Short-Term U.S. Treasury Securities vs. LAIF (Data Sources: U.S. Treasury Department and California State Treasurer's Office as of August 11, 2023) 3-Month Treasury Yield 6-Month Treasury Yield 12-Month Treasury Yield LAIF Yield Fees
The amounts shown above do not take into account any of the fees that were incurred by the City for services provided by the Municipal Advisor, Bidding Agent / Registered Investment Advisor or Custodian Bank. The aggregate fees incurred by the City since December 6, 2022 were approximately $_______.
Scheduled Payments
The six U.S. Treasury securities currently owned by the City of Chowchilla will generate the following schedule of payments. The payment amounts shown below do not include any potential earnings the City may realize by reinvesting the proceeds from maturing securities in the future.
Next Steps
The City does not need to take any further action at this time. The next scheduled maturity of a Treasury security in the City’s portfolio will occur on September 30, 2023.
Prior to the maturity of each Treasury security in the City’s portfolio, the Wulff Hansen team will assist the City in evaluating its expected cash flow requirements and liquidity needs, and its potential reinvestment options.
Meanwhile, all of the City’s Treasury securities are held in trust for the City by its Custodian Bank (Zions Bank). The scheduled payment of interest and principal on each security will be automatically credited to the City’s custody account upon receipt, and the City will continue to receive monthly account statements from Zions Bank.
Invest Additional Funds
Depending on the City’s cash balances and its expected future cash flow requirements and liquidity needs, the City may wish to consider investing additional funds in one or more U.S.
Treasury securities, in order to earn additional interest income. If so, the Wulff Hansen team can help arrange for any such additional investment. For your reference, the U.S.
Treasury yield curve as of August 11, 2023 is as follows:
Payment
Date
Payment
Amount
Sep. 30, 2023 2,657,798
Dec. 31, 2023 2,587,088
Mar. 31, 2024 2,813,878
Jun. 30, 2024 2,614,671
Sep. 30, 2024 2,794,805
Dec. 31, 2024 2,557,451
16,025,691
Liquidate Securities
If the City ever needs immediate access to some or all of its invested funds due to a large unanticipated financial obligation or emergency situation, then the Wulff Hansen team can help arrange for the prompt liquidation of one or more Treasury securities in the City’s portfolio.
The market value of the City’s portfolio – as opposed to its face value – typically fluctuates over time as interest rates change. According to the most recent monthly custody account statement, the market value of the City’s portfolio was $15,288,218 as of June 30, 2023. 1-Mo. UST
5.54%
2-Mo. UST
5.51%
3-Mo. UST
5.54%
4-Mo. UST
5.54%
6-Mo. UST
5.52% 12-Mo. UST
5.36%
24-Mo. UST
4.89% 36-Mo. UST
4.56% 60-Mo. UST
4.31%
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
4.00%
4.50%
5.00%
5.50%
6.00%
U.S. Treasury Yield Curve as of August 11, 2023
(Data Source: U.S. Treasury Department)
REPORT TO THE CITY COUNCIL
Item 6.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: September 12, 2023
AGENDA SECTION: New Business
SUBJECT: Resolution Authorizing the City Administrator to Enter Into An Agreement with Prudential Overall Supply for Uniform Rental and Laundry Services:
Public Works Department
PREPARED BY: Noel Azevedo, Administrative Analyst
APPROVED BY: Jason Rogers, Public Works Director
ATTACHMENTS: Resolution, Prudential Proposal Information & Cost Fees
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
City Council adopt a resolution to authorize the City Administrator or designee to execute an agreement with Prudential Overall Supply for the Uniform Rental and Laundry Services: Public Words Department.
BACKGROUND:
The City of Chowchilla solicited a Request for Proposal (RFP) #2023-RFP-005 for Uniform Rental and Laundry Services: Public Works Department on June 8, 2023.
On July 13, 2023, the RFP was closed at which time one (1) bid was received. The bid was:
Contractor Total Bid for Uniforms & Service Mats Annual Cost Prudential Overall Supply $365.51 per week $19,006.52
OpenGov Procurement:
Project View Count: 77
Followers: 5
Downloaders: 6
Applicants: 2
Submissions: 1
REASON FOR RECOMMENDATION:
Upon analysis of the bids submitted, staff recommends awarding Prudential Overall Supply the agreement.
FISCAL IMPACT:
The proposal submitted is for an initial two (2) year period with three (3) on year extensions. Price is based on total uniforms serviced with an annual cost of $19,006.52. Contracted services are budgeted for in Department Budgets.
ALTERNATIVES:
Not to accept the bid results.
ACTIONS FOLLOWING APPROVAL:
Enter into an agreement with Prudential Overall Supply.
COUNCIL RESOLUTION NO # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING THE CITY ADMINISTORATOR TO ENTER INTO AN AGREEMENT WITH PRUDENTIAL OVERALL SUPPLY FOR UNIFORM RENTAL AND LAUNDRY SERVICES: PUBLIC
WORKS DEPARTMENT
WHEREAS, the City of Chowchilla through the Public Works Department has outsourced laundry services and has uniform rental services for employees; and WHEREAS, an RFP # 2023-RFP-005 was posted on OpenGov and the City of Chowchilla’s website; and
WHEREAS, one (1) bid was received through OpenGov on July 13, 2023; and WHEREAS, staff has reviewed the submitted bid and made a recommendation to award the agreement to the bidder, Prudential Overall Supply.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The above recitals are true and correct.
2. The City Council accepts the bid from Prudential Overall Supply
3. The City Administrator is authorized to execute the agreement on behalf of the City.
4. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of September, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Ray Barragan, Mayor
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 6.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: September 12, 2023
AGENDA SECTION: New Business
SUBJECT: Consideration of a Resolution Accepting the Budget Amendment for Purchase Orders rolled over to the 23/24 Fiscal Year
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: List of Purchase Order Amounts and Accounts
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
City Staff recommends the City Council approve the resolution accepting the Budget Amendments for fiscal year 23/24.
BACKGROUND:
The City Council approved Council Resolution #50-23, adopting the 2023/2024 budget on June 27, 2023.
Authority to increase appropriation within a fund by an amount over $100,000 requires City Council approval. Throughout the year council approves resolutions, bonds, and expenses that are added to the budget.
REASON FOR RECOMMENDATION:
It is necessary to analyze what Purchase Orders are open after year end closing and any potential changes that will need to be added to this years’ budget. When budgeting some items have been added to the budget, these items being brought to Council are those that we anticipated to arrive before June 30th, but did not.
FISCAL IMPACT:
There is no fiscal impact as the amounts were included in the estimated Fund Balances in the Budget for the 22/23 fiscal year. Therefore, the reduction of the fund balances for 22/23 will equal the amount of the requests being rolled over.
ALTERNATIVES:
If not approved the costs will need to come from current year budget which will not have enough funds to pay for approved projects and costs.
ACTIONS FOLLOWING APPROVAL:
The Finance Director will immediately post the changes to the budget in the Tyler Software.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING BUDGET AMENDMENTS FOR FISCAL YEAR 2023/2024
WHEREAS, on June 27, 2023, the Chowchilla City County adopted fiscal year 2023-2024 Operating and Capital Budget with Resolution #50-23; and WHEREAS, per Resolution #50-23, Item #6 states, authority to increase appropriations within a fund by an amount not to exceed $100,000 shall rest with the City Administrator and Authority to transfer appropriations between funds will be represented by resolutions duly approved by the City Council; and WHEREAS, the budget transfers between funds and the budget amendment exceeds $100,000 requires City Council approval; and
WHEREAS, the City Council has met and reviewed the proposed final budget amendments and considered staff’s recommendations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The above recitals are true and correct.
2. The budget changes are hereby approved and adopted and the Finance Director is directed to post them into the City’s Financial system based on the attached Purchase Order Spreadsheet.
3. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of September, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
2022-2023 PURCHASE ORDERS
TO BE CARRIED OVER IN THE BUDGET
Summary General Ledger Account Total Amount
100-2610-3014 $ 3,495
100-2610-3052 $ 51
100-2610-6400 $ 68,211
100-2705-3016 $ 16,768
100-2705-3120 $ 1,900
100-2705-3202 $ 6,700
100-6615-3152 $ 139
100-6620-6400 $ 79,974
100-6625-6400 $ 22,186 $ 199,424 General Fund
200-3805-6500 $ 18,828 $ 18,828 Airport
280-7605-3170 $ 5,800
280-7605-6600 $ 3,100 $ 8,900 Water
340-2610-3014 $ 2,280
340-2610-6400 $ 58,852
340-2705-6400 $ 85,353 $ 146,486 Measure N
589-3620-3714 $ 51,118 $ 51,118 Riverside Improvements
800-8850-3364 $ 25,560 $ 25,560 CFD
Total $ 450,316 $ 450,316
2022-2023 INDIVIDUAL PURCHASE ORDERS
TO BE CARRIED OVER IN THE BUDGET
PO Number Vendor Description/Vendor Amount Account #
PO01607 8896 - San Diego Police Eq Ammo for Police Dept $ 3,495 100-2610-3014 PO3544 12379 - Daniel Denny Internal Affairs Investigation Training $ 51 100-2610-3052 PO04730 01380 - Tiffin Metal ProduEvidence Lockers $ 9,359 100-2610-6400 PO02388 12188 - Folsom Lake Ford Purchase of new patrol car 2023 Police Interceptor $ 58,852 100-2610-6400 PO04282 01441 - WATTCO Scene Lighting $ 5,500 100-2705-3016 PO04245 1776 - Cascade Fire Equip Wildland Boots for Volunteer Firefighters $ 2,118 100-2705-3016 PO03875 5781 - L.N. Curtis & Sons Structure Firefighting Hose $ 2,650 100-2705-3016 PO04183 5781 - L.N. Curtis & Sons Replacement Bunker Boots for Volunteers $ 6,500 100-2705-3016 PO04181 2511 - Cook's Communica County Handheld Radio $ 1,900 100-2705-3120 PO04179 12948 - Burton's Fire Inc. Scene Light LED Conversion for Eng 4 $ 6,700 100-2705-3202 PO04450 13186 - Industial Plumbing Grab Bars for Senior Center $ 139 100-6615-3152 PO00203-R1 13255 - Elk Grove Auto Gr Vehicles for Public Works $ 32,186 100-6620-6400 PO4846 13255 - Elk Grove Auto Gr PD Dodge Charger $ 47,788 100-6620-6400 PO03224 01332 - Electric Time Com 16' Centennial Tower Clock $ 22,186 100-6625-6400 PO03256 13732 - Brandley Enginee Engineering for the Beacon Project at the Airport $ 18,828 200-3805-6500 PO03538 12483 - The Water Connec Update cross connection Survey $ 5,800 280-7605-3170 PO01756 01267 - HCS Engineering IGenerators-City Hall, 99 Booster tank, Well #1A $ 3,100 280-7605-6600 PO01262-R1 12327 - Watch Guard VideBody Cameras Vista Mode with Extended WIFI repair $ 2,280 340-2610-3014 PO02389 12188 - Folsom Lake Ford Purchase of new patrol car 2023 Police Interceptor $ 58,852 340-2610-6400 TBD 01204 - Rosenbauer sosut Upfitting for new Fire Engine $ 18,254 340-2705-6400 PO04251 12948 - Burton's Fire Inc. Remote for Monitor $ 3,233 340-2705-6400 PO03992 1776 - Cascade Fire Equip New Engine 3 Up-fitting $ 880 340-2705-6400 PO03906 2511 - Cook's Communica Up-fitting for New Engine - Radios $ 4,600 340-2705-6400 PO03883 5781 - L.N. Curtis & Sons Up-fitting Engine Tools & Equipment $ 56,037 340-2705-6400 PO04248 5781 - L.N. Curtis & Sons Up-fitting for New Engine - Stretcher $ 2,350 340-2705-6400 PO00044 13090 - Yamabe and Horn Engineering Riverside, 8th& Kings Pedestrian Improvement $ 51,118 589-3620-3714 PO01710 7281 - NBS Government Fi Citywide Development Impact Fee Study $ 3,583 800-8850-3364 PO01711 7281 - NBS Government Fi CFD 2021-1 Formation $ 12,900 800-8850-3364 PO01712 7281 - NBS Government Fi CFD Infill Services $ 1,057 800-8850-3364 PO01713 7281 - NBS Government Fi CFD Bond Issuance Disclosure $ 8,021 800-8850-3364 Total $ 450,316
REPORT TO THE CITY COUNCIL
Item 6.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: September 12, 2023
AGENDA SECTION: New Business
SUBJECT: A Resolution of the City of Chowchilla Accepting a Land Donation from Wood Ranches, Inc., A California Corporation and Authorizing the City Administrator to Execute Necessary Agreements
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Resolution
Certificate of Acceptance
Land donation Agreement
Map of Property
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopts a resolution to authorize the City Administrator to accept a land donation and execute necessary agreements.
BACKGROUND:
The City was approached about receiving a land donation for a piece of vacant land located at 319 Robertson Blvd. The City had a title search done and verified the title is “clean”.
REASON FOR RECOMMENDATION:
The donation has no restrictions on the use of the property and it is located in our downtown area. While there is nothing planned for the use at this time, staff believes it would be able to utilize the property in some form or fashion in the future.
FISCAL IMPACT:
The escrow process is estimated to cost roughly $1,600.00.
ALTERNATIVES:
Do not accept the donation.
ACTIONS FOLLOWING APPROVAL:
Staff will get the land donation agreement signed by both parties and then execute the Certificate of Acceptance.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA ACCEPTING A LAND DONATION FROM WOOD RANCHES, INC., A CALIFORNIA
CORPORATION AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE
NECESSARY AGREEMENTS
WHEREAS, Wood Ranches, Inc., a California corporation has offered to donate the land at 319 Robertson Boulevard in the City of Chowchilla, APN 002-047-005 (the “Property”) to the City; and
WHEREAS, the City desires to accept the property for public use as directed by the City’s legislative body; and
WHEREAS, the City does not have plans for use of the Property at this time; and WHEREAS, it is in the best interest of the City to accept a grant deed of the property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The City Administrator is authorized to enter into an agreement in substantially the form set forth in Exhibit A, for the donation of the property and to take all actions necessary to facilitate the acquisition of the Property.
2. Upon a close of escrow for the Property, the City Administrator is authorized to accept the grant deed for the Property and to execute and record a certificate of acceptance along with the grant deed. The certificate of acceptance shall be in the form substantially as set forth in Exhibit B.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of September, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
Recording Requested by
and when recorded return to:
CITY OF CHOWCHILLA
130 S. 2nd Street
Chowchilla, CA 93610
Exempt from recording fees pursuant to Government Code sections 6103 and 27383
CERTIFICATE OF ACCEPTANCE
The City of Chowchilla, a municipal corporation (“City”), hereby accepts the offer of donation of certain real property (“Property”) made by Wood Ranches, Inc., a California corporation (“Owner”) in that certain Donation Agreement (“Agreement”) by and between City and Owner dated as of ______________________ and in that certain Grant Deed executed ___________________, 2023 by Grantor conveying the Property.
The undersigned was authorized to execute and record this Certificate of Acceptance on behalf of the City pursuant to direction of the City Council of the City on _______________, 2016.
IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date set forth below.
CITY OF CHOWCHILLA:
By:_ ______________________________
ROD PRUETT, City Administrator
ATTEST:
By: ______________________________
Joann McClendon, City Clerk
APPROVED AS TO FORM:
By: ______________________________
Mary Lerner, City Attorney
LAND DONATION AGREEMENT
THIS AGREEMENT (“Agreement”) dated this ____ day of _________________, 2023, (the "Effective Date") is entered into by and between the City of Chowchilla, a municipal corporation ("City") and Wood Ranches, Inc., a California corporation ("Owner") pursuant to the following recitals:
RECITALS:
A. Owner owns certain real property consisting of approximately three thousand five-hundred square feet (3,500 sq. ft.) located in the City of Chowchilla, County of Merced, State of California, APN # 002-047-005 described more particularly in Exhibit A (hereinafter the "Property").
B. City is a governmental entity qualified and entitled to receive charitable donations for public purposes pursuant to Section 170(c)(1) of the Internal Revenue Code, as amended.
C. Owner holds title to the Property and desires to donate the Property to the City for use by the City as its legislative body directs.
D. The parties wish to enter into this Agreement to set forth the terms under which the property will be donated.
NOW, THEREFORE, for good and reliable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, City and Owner agree as follows:
1. Recitals. The recitals identified herein are true and correct and made a part of this Agreement.
2. Land Donation. Owner agrees to donate the Property to the City and City agrees to accept the donation of the Property in accordance with the terms of this Agreement.
3. Escrow and Closing.
A. Opening of Escrow. After the Effective Date of this Agreement, City and Owner shall open an escrow with Chicago Title Company ("Title Company"), 7330 N. Palm Avenue, Suite 101, Fresno, California 93711.
B. Closing Documents. On or before the Closing Date, Owner shall deposit a grant deed covering the Property duly executed and in recordable form, City shall deliver a fully executed Certificate of Acceptance, and the parties shall deliver any other instruments, records or correspondence that are required and have not previously been delivered.
C. Delivery. After the grant deed has been deposited by Owner, and the Title Company is prepared to issue its policy of title insurance in accordance with this Agreement, the Title Company shall record Owner's grant deed to City and instruct the County Recorder to deliver the grant deed to City, and issue a policy of title insurance to City in accordance with this Agreement, and perform such other acts as are necessary to effect the terms of the Agreement between the parties. In the event of a conflict between the provisions of this Agreement and any supplementary escrow instructions, the terms of this Agreement shall control.
D. Closing Costs. City agrees to bear the expenses of escrow and closing, including, without limitation, all fees for the recording of the grant deed and the escrow fee. City shall also bear the costs of providing a CLTA policy of title insurance for the Property, or such insurance as City desires.
E. Broker Fees and Commissions. The parties acknowledge and represent to each other that no brokers are involved in this transaction.
F. Real Estate Taxes and Special Assessments. General real estate taxes and any special or other assessments payable for all prior fiscal years shall be paid by Owner. General real estate taxes and any special or other assessments payable for fiscal year during which the Closing occurs shall be prorated as of the closing date. Owner shall pay any and all delinquent real estate taxes or special or other assessments and any penalties thereon.
4. Title.
A. Title Report.
(1) City shall have a right to obtain a site-specific preliminary title report on the Property (the "Title Report") along with a copy of all documents referred to as exceptions to title or other matters in the Title Report (the "Exceptions"), and a map with all Exceptions plotted thereon.
(2) If City desires a title report, City shall obtain that report within thirty (30) days of the Effective Date. Owner shall cooperate fully in obtaining that Title Report. (3) Within ten (10) days of receipt of the Title Report, City shall give written notice to owner (the "Title Exceptions Notice") of any of the following:
a. Which Exceptions are acceptable to City (the "Acceptable Exceptions"); and, b. Which Exceptions are not acceptable to City (the "Non-Acceptable Exceptions").
Within thirty (30) days after Owner is given the Title Exceptions Notice, Owner shall either (i) remove the Non-Acceptable Exceptions; (ii) give City written assurance satisfactory to City and the Title Company that Non-Acceptable Exceptions which are not so removed during such thirty (30) day period shall be removed prior to or concurrently with the Close of Escrow, at Owner's expense; or (iii) give notice to City of any Non-Acceptable Exceptions which Owner declines to remove, in which case Owner shall accept termination of this Agreement at City’s option upon written notice to Owner (the "Termination Notice") within ten (10) days after receipt of City’s notice. If Close of Escrow is delayed by the requirement that Non-Acceptable Exceptions be removed from title, the parties hereto shall mutually agree to a new date on which escrow shall close.
B. Conveyance of Title.
Owner shall convey good and marketable title to City by Grant Deed, subject only to the Acceptable Exceptions and real property taxes, assessments and fees not yet due and payable.
C. Title Insurance.
The Title Company shall issue to City a CLTA extended coverage policy of title insurance with total liability in the amount of the estimated fair market value of the Property showing marketable, insurable fee title vested in City subject only to the Acceptable Exceptions and real property taxes, assessments and fees not yet due and payable.
5. Conditions; Right to Inspect Property; Environmental Studies.
The rights and obligations of both City and Owner created by this Agreement are subject to the satisfaction of the following conditions on or before the Close of Escrow:
City has approved the results of any and all inspections, investigations, tests and studies (including, without limitation, investigations with regard to hazardous waste, soils, seismic and geological reports, and feasibility studies (collectively "Studies") with respect to the Property as City may elect to make or obtain. The failure of City to obtain and reasonably disapprove its Studies and so notify Owner and the Title Company within forty-five (45) days of the Effective Date of this agreement shall be deemed to constitute City’s approval of the Studies or waiver of obtaining such Studies. The costs of any Studies conducted by City shall be borne by the City.
During the terms of this Escrow, City, its officers, agents, employees, contractors, and subcontractors shall have the right to enter upon the Property, at reasonable times during ordinary business hours, to make any and all Studies as may be necessary or desirable in City’s sole judgment and discretion. City shall indemnify and hold Owner and the Property harmless from any and all damages arising out of or resulting from the acts of negligence of City, its agents, contractors, and/or subcontractors in connection with such entry and/or activities upon the Property.
6. Owner Representations and Warranties.
Owner represents and warrants that the Property is being conveyed without warranty, express or implied, except as expressly set forth in this Agreement. The following representations and warranties are made as of the Effective Date and shall survive the Close of Escrow:
(1) The Property is conveyed in "As Is" condition. City acknowledges that neither Owner nor any agent of Owner has made any representations, warranties or agreements other than as contained herein, as to any matters concerning the Property including, but not limited to, the land, topography, utilities, future zoning, soil, subsoil, the purposes for which the Property is or may be used for development, drainage, access to roads, proposed routes or extensions thereof, environmental laws, rules or regulations, or any other representation or warranty. Any statement not expressly contained in this Agreement shall not bind Owner, and City expressly waives any right of rescission or claim for damages against Owner or its agents by reason of any statement, representation, warranty or promise except as contained in this Agreement. (2) Until Close of Escrow as specified in this Agreement, Owner agrees to maintain the Property in substantially the same condition as the Property is on the date hereof, other than those changes to the Property resulting from City’s actions. (3) To Owner's knowledge, there are not presently pending any special assessments, litigation, or condemnation actions against the Property or any part thereof, nor has Owner received any notice of any special assessment, litigation or condemnation proceedings being contemplated.
(4) To Owner's knowledge, there are no liens, encumbrances, or other conditions which adversely affect title to the Property or City’s use and enjoyment of the Property, except as may be identified in the Title Report.
(5) To Owner’s knowledge, without any duty of inquiry, neither the Property nor any real estate in the vicinity of the Property is in violation of any federal, state, local or administrative agency ordinance, law, rule, regulation, order or requirement relating to environmental conditions or Hazardous Material (“Environmental Laws”). Neither Owner nor any third party, has used, manufactured, generated, treated, stored, disposed of, or released any Hazardous Material on, under or about the Property or real estate in the vicinity of the Property or transported any Hazardous Material over the Property. Neither Owner, nor any third party has installed used or removed any storage tank on, from or in connection with the Property except in full compliance with all Environmental Laws, and to the best of Owner’s knowledge, there are no storage tanks or wells (existing or abandoned) located on, under or about the Property. To Owners knowledge the Property does not consist of any building materials that contain Hazardous Material. For the purposes hereof, “Hazardous Material” shall mean any substance, chemical, waste or other material which is listed defined or otherwise identified as “hazardous” or “toxic” under nay federal, state, local or administrative agency ordinance or law. (6) To Owner’s knowledge, there are no buried or partially buried storage tanks that contain or contained Hazardous Material located on the Property. (7) To Owner’s knowledge, no Hazardous Materials or hazardous chemicals, waste, or substances of any kind have ever been spilled, disposed of, or stored on, under, or at the Property, whether by accident, burying, drainage, or storage in containers, tanks, or holding areas, or by any other means.
(8) To Owner’s knowledge, Owner has not received any written notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have been in violation of any Environmental Law, or informing Owner that the Property is subject to investigation or inquiry regarding Hazardous Materials on the Property or the potential violation of any Environmental Law.
(9) Owner has not granted any option or right of first refusal or fist opportunity to any party to acquire any interest in any of the Property.
(10) To Owner’s knowledge, there are no obligations in connection with the Property that will be binding upon the City after Closing, except as have been disclosed in writing to the City.
7. Assignment. This Agreement may not be assigned without the prior written consent of the other party. Said consent shall not be unreasonably withheld provided that said assignee agrees to execute all documents and to perform all obligations as if said assignee were the original party to this Agreement.
8. Risk of Condemnation. If any or all of the Property is materially damaged or destroyed prior to the closing date, or is subjected to any condemnation or taking by a governmental body, City may, in its sole discretion, terminate this Agreement upon written notice to Owner.
9. Indemnification. Each party hereby agrees to indemnify the other party and defend and hold it harmless from and against any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, without limitation, attorneys’ fees, resulting from any misrepresentation or breach of warranty or breach of covenant made by such party in this Agreement or in any document, certificate, or exhibit given or delivered to the other pursuant to or in connection with this Agreement. The indemnification provisions of this section shall survive one (1) year beyond the closing, or, if closing does not occur pursuant to this Agreement, beyond any termination of this Agreement.
10. Remedies. In the event the conveyance of the Property is not consummated because of a default under this Agreement on the part of Owner, City may either: (1) terminate this Agreement by deliver of notice of termination to Owner, whereupon Owner shall pay to City any title, escrow, legal and inspection fees incurred by City, and neither party shall have any further rights or obligations hereunder, or (2) continue this Agreement pending City’s action for specific performance and/or damages hereunder, including City’s costs and expenses incurred hereunder.
For purposes of this section, default shall occur if a party fails to comply with any provisions of this Agreement and such failure is not cured or commenced within thirty (30) days after receiving notice of such from the non-defaulting party.
8. Miscellaneous.
A. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. If there is any conflict between the provisions of this Agreement and any subsequent escrow instructions, this Agreement shall control.
B. Representation by Counsel. Each party acknowledges that they have had the opportunity to be represented in this transaction by legal counsel and that any decision not to be represented by legal counsel has been knowing, intelligent and voluntary. The parties further expressly acknowledge that they are fully informed as to the terms, conditions and covenants of this Agreement and the exhibits hereto.
C. Captions. The captions in this Agreement are inserted only as a matter of convenience and for reference and in no way define the scope or the extent of this Agreement or the construction of any provision.
D. Counterparts. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.
E. Time. Time is of the essence of this Agreement.
F. Survival of Covenants. Each of the representations, warranties, and covenants contained in this Agreement shall survive the closing and the delivery of the Grant Deed.
G. Notices. Any notice, consent or approval required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon (i) hand delivery or transmitted by facsimile, (ii) one (1) day after being deposited with Federal Express or another reliable overnight courier service, or (iii) two (2) days after being deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, and addressed as follows:
TO OWNER:
WOOD RANCHES, INC., A CALIFORNIA CORPORATION
22502 Rd 14
Chowchilla, CA 93610
TO CITY:
City of Chowchilla
ATTN: City Administrator
130 S. 2nd Street
Chowchilla, CA 93610
COPY TO CITY ATTORNEY AT:
Lozano Smith, Attorneys at Law
ATTN: Mary Lerner, City Attorney
7404 N. Spalding Avenue
Fresno, CA 93720
H. Amendments. Except as otherwise provided herein, this Agreement may be amended or modified only by a written instrument executed by Owner and the City.
I. Severability. If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date mentioned in the first paragraph.
OWNER:
WOOD RANCHES, INC., A CALIFORNIA CORPORATION
By:_ ______________________________________
DANIEL L. WOOD, Chief Executive Officer
CITY OF CHOWCHILLA:
By:_ ______________________________
ROD PRUETT, City Administrator
ATTEST:
By: ______________________________
Joann McClendon, City Clerk
APPROVED AS TO FORM:
By: ______________________________
Mary Lerner, City Attorney
Title Company agrees to act as escrow holder in accordance with the terms of this Agreement.
By: ______________________________
[NAME]
[TITLE]
LIST OF EXHIBITS
1. Exhibit A - Legal Description of the Property
2. Exhibit B - Certificate of Acceptance
Property to be donated to the City.
Located at 319 Robertson Blvd.
Project Site:
319 Robertson Blvd