AGENDA
City Council Meeting Council Chamber, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
Tuesday, September 26, 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
1.1 Measure T Outreach Update – Presented by DK Associates
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.
City Council Meeting AGENDA September 26, 2023
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
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 September 12, 2023 City Council Meeting Minutes (McClendon)
3.2 Consideration and Acceptance of the August 2023 Financials Report (Williams)
3.3 Consideration and Adoption of a City Council Resolution Approving the Master Agreement Between the Madera County Transportation Commission and the City of Chowchilla for the Fiscal Year 2022/2023 Allocation of Regional Surface Transportation Program (RSTP) Exchange Funding and Authorizing the City Administrator or Designee to Sign /Necessary Claim Forms to Obtain Future Funding (Rogers)
3.4 Consideration and Adoption of a City Council Resolution Awarding the Landscape and Right-of-Way Maintenance Services Contract to Grover Landscape Services, Inc. and Authorizing the City Administrator or Designee to Execute all Related Documents (Rogers)
PUBLIC HEARINGS – Section 4
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Approving an Agreement with Lew Edwards Group for Placing a Reauthorization of Measure N Before the Voters on the 2024 General Election Ballot and Authorizing the City Administrator to Execute all Necessary Documents Thereto (Pruett)
6.2 Consideration and Adoption of a City Council Resolution Authorizing the City Administrator to Execute a Professional Services Agreement with NBS to Provide OnGoing Services for Community Facilities District (CFD) 2022-1 (Pruett) ANNOUNCEMENTS – Section 7
SEP 26 14TH ANNUAL TRIBUTE TO FALLEN SOLDIERS MEMORIAL TORCH MOTORCYCLE RIDE, VETERANS MEMORIAL PARK, 3:15PM
OCT 10 CITY COUNCIL MEETING, CITY HALL, 4PM
City Council Meeting AGENDA September 26, 2023
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 21st 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/82048968981?pwd=URFn5YNl9RryYBTeJTA TdFJcGQhgTQ.B_uoyu_Nd69CamEx
Passcode: 986 708
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-669-444-9171
Webinar ID: 820 4896 8981
Passcode: 986 708
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.
MEASURE T OUTREACH UPDATE
SEPTEMBER 26, 2023
KENDALL FLINT
REGIONAL DIRECTOR OF COMMUNICATIONS & STRATEGIC PLANNING, DKS [email protected]
650-455-1201
Item 1.1
CLICK HERE
TO RETURN
TO THE
AGENDA
• The MCTA Board of Directors has authorized an education outreach program to provide factual information about Measure T and its impact on local streets and roads, transit services, and major infrastructure through 2023.
• This will include information related to the consequences to the region if the Measure is not renewed.
• This effort will not advocate for a Measure only provide information for the public to review.
MEASURE T EDUCATION PROGRAM
• Measure T has generated $156
million to date and allowed the
region to leverage an additional
$319 million in state and federal
matching funds. It is expected to
generate a total of $217 million by
its sunset date.
MEASURE T EDUCATION PROGRAM
• Measure T has generated $156
million to date and allowed the
region to leverage an additional
$319 million in state and federal
matching funds. It is expected to
generate a total of $217 million by
its sunset date.
MEASURE T EDUCATION PROGRAM
• A second attempt at a Measure T
renewal is being considered for the
November 2024 ballot.
• This effort reflects direction given by
residents/voters and will include
several important differences from
the 2022 effort.
MEASURE T EDUCATION PROGRAM
• This renewal will specify a firm
sunset date eliminating the idea of a
“forever tax.”
• The expenditure plan itself will be
developed by a citizen-based body
made of residents from all parts of
the county representing diverse
communities and needs.
MEASURE T EDUCATION PROGRAM
• The expenditure plan considered in
2022 has been shelved to give this
committee an opportunity to take a
fresh look at proposed investments
in the region.
MEASURE T EDUCATION PROGRAM
• Language will be developed for the
Measure to strengthen the Citizens
Oversight Committee, requiring at a
minimum bi-annual reports from
agencies receiving Measure T
funds, clarifying how funds were
used and documenting all payments
made as part of those efforts.
MEASURE T EDUCATION PROGRAM
CHOWCHILLA PROJECTS FUNDED BY T
• SR 99 Flyover Bridge – Construction of new flyover bridge between the interchange and Ave 24 to improve circulation over SR 99 between east and west Chowchilla.
• Chowchilla Blvd. Rehabilitation - Rehabilitation overlay of Chowchilla Boulevard
• Ave. 24 Reconstruction - Reconstruction of Ave 24 at State Route 99 to Chowchilla Boulevard.
• Ave 24 1/2 Rehab. Project - pavement rehabilitation project; Ave 24 1/2 from Rd 16 to Rd 15 ½.
POTENTIAL CHOWCHILLA PROJECTS
• Rd 15 1/2 Rehab Project - pavement rehabilitation project; Rd 15 1/2 from Ave 24 ½ to 15th St. - pavement rehabilitation project; Riverside Ave from Front St to 5th St.
• Humboldt Ave Rehab. Phase II Project - reconstruction from Front St. to 3rd St. to improve the pavement surface.
• Pedestrian Improvements – sidewalk infill Riverside Avenue, 8th Street, & Kings Avenue
• Riverside Ave Rehab - pavement rehabilitation project; Riverside Ave from Front St to 5th St.
POTENTIAL CHOWCHILLA PROJECTS
• Tuesday, September 26th
Chowchilla City Council Meeting
4:00 PM
• Saturday, September 30th
Madera Old Timers Day Parade
• Wednesday, October 4th
Madera City Council Meeting
• Friday, October 6th – Sunday, October 8th
Oakhurst Fall Festival
Oakhurst Community Park
• Sunday, October 8th
Guelaguetza Festival, Madera
UPCOMING PRESENTATIONS & EVENTS
• Recruitment is beginning for a Resident Committee to develop the new Measure T Expenditure Plan.
• Representatives will be sought from all five supervisorial districts with four people representing each.
• A new Measure T website will be developed to share the Committee’s work and upcoming opportunities for engagement. • We are seeking opportunities to talk with community groups throughout the County.
GET INVOLVED
Kendall Flint
[email protected]
(650) 455-1201
Troy McNeil, Deputy Director, MCTC
[email protected]
(559) 675-0721 extension 2
FOR MORE INFORMATION
QUESTIONS?
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, September 12, 2023
No Closed Session ~ Open Session: 4:00 p.m.
CALL TO ORDER/ROLL CALL: 4:06 p.m.
Mayor: Ray Barragan
Mayor Pro Tem: Kelly Smith
Council Members: Waseem Ahmed, John Chavez, Jeff Troost City staff and contract employees present: City Administrator Rod Pruett, City Attorney James N. McCann, 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:
Motion by Council Member Ahmed, Seconded by Council Member Troost to Approve the Agenda as Presented. Motion passed unanimously by roll call vote.
OPEN SESSION – 4:07 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Pastor Rick
PRESENTATIONS/WORKSHOP - Section 1
PUBLIC ADDRESS
No one spoke.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Mayor Pro Tem Smith attended Zoom meeting with Congressman Duarte for a briefing. The Congressman is working extensively on flood mitigation and supports public safety grants for things like K-9 programs and such. He also attended a Measure T renewal meeting; and, on Monday he attended Patriots Day at Fuller Elementary School.
Council Member Ahmed also attended Patriots Day event, the EcoLube grand opening, the Zoom meeting for elected officials with Congressman Duarte and another meeting with the Congressman but in person.
City Council Meeting MINUTES September 12, 2023
2.2 STAFF VERBAL REPORTS
City Administrator Pruett also attended the Measure T meeting, Patriot Day Assembly. Met inperson with the Community Task Force at the Chowchilla PD Training Room. Continuing to work on the CFD, as the refunding is moving along with an item coming to the Council soon. He has an upcoming meeting with a consultant for Measure N. he and Director Hamilton have been meeting over projects and development agreements, working with Caltrans and Rancho Calera on their commercial entry plan.
City Clerk McClendon has received draft Personnel Rules and Regulations; after review will forward to Employee Associations for review/approval then to the City Council for adoption.
IT System Administrator Berrocal IT has been busy with setting up additional cameras at different sites for better surveillance.
Deputy Director of Recreation and Public Engagement Wisener gave an update on the Centennial Dinner, which is completely sold out. Working on the Halloween Trunk or Treat set for October 28. The Christmas Parade has been announced for December 2. In addition to the upcoming events, she has been assisting with the development of the ICSC booth, finalizing a design.
Public Works Director Rogers Rod and I attended a meeting with MCTC and their consultants regarding the upcoming renewal for Measure T and will continue to work toward that goal. He also attended the meeting with Congressman Duarte, the Mayor, Waseem and Mark. We were able to discuss needs of the City and possible funding requests. Staff posted a bid notice for the Prop. 1 funded Urban Water Runoff Project. This will install stormwater improvements on Sonoma from N. 5th St to 15th St. And finally, our contractor for Well 15 by the SR 99 Tank is currently mobilizing and setting up equipment, marking utilities and location of the well.
Anticipated completion of the test well is currently scheduled for December.
Community & Economic Development Director Hamilton reported on departmental stats.
Working with Rancho Calera housing developers. HCD approved the PI Waiver Request which allows the City to reimburse itself for the cost of the storm drain improvements made on Humboldt.
Williams attended a meeting with the municipal advisors regarding investments in the treasury securities, started working on the audit with her new staff, submitted the City’s budget for consideration with the GFOA awards, and announced the hiring of two new Accounting Technicians (I & II).
Police Chief Palmer went over departmental stats since previous report. He reported on Police Department staffing. Attended Chief’s Conference in SLO where they discussed, among other things, AB 89 where it changes police department’s hiring requirements of sworn officers, mandating a minimum hiring age of 25 and must possess a bachelor degree. These new requirements will shrink the hiring pool. This is why Measure N is so important, because as the years go on, they will have to get more creative as to how we recruit people with a 4-year degree and student loans to come into the law enforcement business.
Fire Chief Gaumnitz the new fire engine is in transit from South Dakota to California. Just completed the drawings on phase 2 for the Fire Station Expansion project.
CONSENT CALENDAR – Section 3
3.1 Approval of the August 22, 2023 City Council Meeting Minutes (McClendon) City Council Meeting MINUTES September 12, 2023
3.2 Consideration and Acceptance of the August 2023 Check Register Report (Williams)
3.3 Consideration and Acceptance of the Quarterly Investment Report (Williams) Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Smith to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.
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) Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Smith to Approve City Council Resolution #68-23, Authorizing the City Administrator to Enter into an Agreement with Prudential Overall Supply for Uniform Rental and Laundry Services: Public Works Department. Motion passed unanimously by roll call vote.
6.2 Consideration and Adoption of a City Council Resolution Approving Budget Amendments for Fiscal Year 2023/2024 (Williams)
Motion by Mayor Pro Tem Smith, Seconded by Council Member Troost to Approve City Council Resolution #69-23, Approving Budget Amendments for Fiscal Year 2023/2024. Motion passed unanimously by roll call vote.
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)
Motion by Council Member Ahmed, Seconded by Council Member Troost to Approve City Council Resolution #70-23, Accepting a Land Donation from Wood Ranchers, Inc., A California Corporation and Authorizing the City Administrator to Execute Necessary Agreements. Motion passed unanimously by roll call vote.
ANNOUNCEMENTS – Section 7
SEP 23 CHOWCHILLA CENTENNIAL DINNER, EASTMAN HALL, 5:30 PM SEP 26 CITY COUNCIL MEETING, CITY HALL, 4PM
ADJOURNMENT
Mayor Barragan Adjourned the September 12, 2023 City Council Meeting at 4:37 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 26, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of Monthly Financial Statements
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: August 2023 Budget vs Actual and Balance Sheet
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Approve the August 2023 Financial Statements shown in the attachment.
BACKGROUND:
Staff provides Council with monthly financial information as an ongoing financial status update.
REASON FOR RECOMMENDATION:
The monthly financial statements consist of a Budget vs Actual and a Balance Sheet for the General Fund. The Budget vs Actual shows the current Month (Period Activity) and current Year (Fiscal Activity) Revenues and Expenses by Department in summary form compared to the current year Original and Current budgets. The Balance Sheet shows the Assets, Liabilities and Fund Balance at the time the report is generated. This provides an overview of cash, amounts owed to the City, amounts the City owes and the fund balance at a specific point in time.
The financial statements are being presented as an overview of the City’s finances and are not meant to be a comprehensive in-depth review. As a reference to compare to the percent remaining column in the report, the percentage of the year remaining 83.33%.
If the percent remaining column for Revenues is higher than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant. If the percent remaining column for Expenses is lower than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant.
If there are questions regarding the actual amounts or budget vs actual variances, please forward your questions to me in enough time before the meeting for staff to research them.
FISCAL IMPACT: Revenues
General Administration- Property tax and VLF, which are 2 of our biggest revenues, are only received 2 times a year in February and May, we have yet to receive a distribution. We are teetered which means we do not have to worry about delinquencies, because the County pays us and goes after the delinquencies themselves. Sales tax payments run a couple months behind and we have yet to receive July’s payment.
Sales tax is our second largest revenue.
Police Sworn/Net- Budgeted revenue is from school reimbursements for SRO service, which we have not billed the schools yet as they will be billed annually in September. Also, it has $541k Transfer-in from Measure N for the RIMS Software, recruitment and retention of employees, and additional equipment.
Fire Services- This revenue is from transfers-in from Measure N for the fire station expansion project Phase 2.
Community & Economic Development- This will fluctuate as building permits are pulled. We budgeted for the following projects like Rancho Calera, Montgomery Farms, Solar Permits, and various other projects within the City. So far, we have Century Communities building their part of the Montgomery Farms lots.
We still have other miscellaneous permits for other items that are happening as well. There is also $85k of grant revenues that we have not received as of now.
Parks and Recreation- $140k of this is from a grant that we have not spent yet so we have not requested reimbursements. The rest is overhead allocations from the LLMD that happen at the end of the year.
Community Relations- Revenues are from sports program reimbursements, park pavilion rentals and donations.
Expenses
General Services- Budgeted Expenses are more than usual as of right now due to the POB Transfer out.
Community Relations- Budgeted Expenses are more than usual as of right now due to the cost of the Tower Clock being paid for.
ALTERNATIVES:
Pull the item for further discussion.
ACTIONS FOLLOWING APPROVAL:
None.
9/21/2023 8:34:34 AM Page 1 of 3
Budget Report
Chowchilla, CA Group Summary
For Fiscal: 2023-2024 Period Ending: 08/31/2023
Fiscal
AcƟvity
Variance
Favorable
(Unfavorable)
Period
Account Type AcƟvity
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 1600 - General Administration
Revenue 64,340.76 9,555,653.00 9,555,653.00 -9,491,312.24 99.33% 57,956.73 Expense 1,145.71 287,321.00 287,821.00 286,675.29 99.60% 1,125.72 Dept: 1600 - General Administration Surplus (Deficit): 99.32% 9,268,332.00 9,267,832.00 -9,204,636.95 56,831.01 63,195.05 Dept: 1605 - City Council
Revenue 284.40 0.00 3,413.00 -3,128.60 91.67% 284.40
Expense 4,420.52 99,195.00 102,608.00 98,187.48 95.69% 2,794.27 Dept: 1605 - City Council Surplus (Deficit): 95.83% -99,195.00 -99,195.00 95,058.88 -2,509.87 -4,136.12 Dept: 1610 - City Clerk
Expense 33,754.10 283,433.00 283,433.00 249,678.90 88.09% 15,391.95 Dept: 1610 - City Clerk Total: 88.09% 283,433.00 283,433.00 249,678.90 15,391.95 33,754.10 Dept: 1615 - City Attorney
Expense 16,267.56 190,000.00 190,000.00 173,732.44 91.44% 16,267.56 Dept: 1615 - City Attorney Total: 91.44% 190,000.00 190,000.00 173,732.44 16,267.56 16,267.56 Dept: 1705 - General Services
Expense 418,700.63 1,794,311.00 1,791,011.00 1,372,310.37 76.62% 25,253.59 Dept: 1705 - General Services Total: 76.62% 1,794,311.00 1,791,011.00 1,372,310.37 25,253.59 418,700.63 Dept: 1710 - City Administration
Expense 35,751.93 456,348.00 456,348.00 420,596.07 92.17% 18,051.97 Dept: 1710 - City Administration Total: 92.17% 456,348.00 456,348.00 420,596.07 18,051.97 35,751.93 Dept: 1712 - City Property - Rents
Revenue 58,376.60 150,908.00 150,908.00 -92,531.40 61.32% 58,376.60 Expense 19,535.23 55,196.00 55,196.00 35,660.77 64.61% 1,554.23 Dept: 1712 - City Property - Rents Surplus (Deficit): 59.42% 95,712.00 95,712.00 -56,870.63 56,822.37 38,841.37 Dept: 1720 - Finance Department
Revenue 953.95 3,211.00 3,211.00 -2,257.05 70.29% 589.95 Expense 76,336.61 882,598.00 882,598.00 806,261.39 91.35% 44,852.08 Dept: 1720 - Finance Department Surplus (Deficit): 91.43% -879,387.00 -879,387.00 804,004.34 -44,262.13 -75,382.66 Dept: 2610 - Police Department
Revenue 12,615.41 817,947.00 817,947.00 -805,331.59 98.46% 11,194.41 Expense 786,330.62 4,976,766.00 4,976,766.00 4,190,435.38 84.20% 283,744.81 Dept: 2610 - Police Department Surplus (Deficit): 81.40% -4,158,819.00 -4,158,819.00 3,385,103.79 -272,550.40 -773,715.21 Dept: 2705 - Fire Department
Revenue 200.00 1,317,366.00 1,317,366.00 -1,317,166.00 99.98% 50.00 Expense 48,884.59 1,669,053.00 1,671,853.00 1,622,968.41 97.08% 28,842.98 Dept: 2705 - Fire Department Surplus (Deficit): 86.27% -351,687.00 -354,487.00 305,802.41 -28,792.98 -48,684.59 Dept: 4705 - Community & Economic Development
Revenue 85,426.80 761,346.00 761,346.00 -675,919.20 88.78% 74,179.30 Expense 113,121.45 1,530,460.00 1,530,460.00 1,417,338.55 92.61% 45,483.82 Dept: 4705 - Community & Economic Development Surplus (Defici 96.40% -769,114.00 -769,114.00 741,419.35 28,695.48 -27,694.65 Dept: 6610 - Community Pool (OLD)
Revenue 1,023.15 1,500.00 1,500.00 -476.85 31.79% 0.00
Expense 7,577.31 24,577.00 24,577.00 16,999.69 69.17% 3,832.84 Dept: 6610 - Community Pool (OLD) Surplus (Deficit): 71.60% -23,077.00 -23,077.00 16,522.84 -3,832.84 -6,554.16 Dept: 6615 - Senior Services
Expense 1,794.00 44,009.00 44,009.00 42,215.00 95.92% 1,028.05 Dept: 6615 - Senior Services Total: 95.92% 44,009.00 44,009.00 42,215.00 1,028.05 1,794.00 Budget Report For Fiscal: 2023-2024 Period Ending: 08/31/2023 9/21/2023 8:34:34 AM Page 2 of 3
Fiscal
AcƟvity
Variance
Favorable
(Unfavorable)
Period
Account Type AcƟvity
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 6620 - Parks & Facilities
Revenue 0.00 199,730.00 199,730.00 -199,730.00 100.00% 0.00 Expense 60,014.05 709,542.00 709,542.00 649,527.95 91.54% 36,447.23 Dept: 6620 - Parks & Facilities Surplus (Deficit): 88.23% -509,812.00 -509,812.00 449,797.95 -36,447.23 -60,014.05 Dept: 6625 - Community Relations
Revenue 12,415.65 36,100.00 36,100.00 -23,684.35 65.61% 5,595.65 Expense 55,114.57 243,165.00 243,401.25 188,286.68 77.36% 15,985.26 Dept: 6625 - Community Relations Surplus (Deficit): 79.40% -207,065.00 -207,301.25 164,602.33 -10,389.61 -42,698.92 Report Surplus (Deficit): -332,429.32 -1,443,112.16 -402,213.00 -402,449.25 -1,040,662.91 -258.58% Budget Report For Fiscal: 2023-2024 Period Ending: 08/31/2023 9/21/2023 8:34:34 AM Page 3 of 3
Fund Summary
Fiscal
AcƟvity
Variance
Favorable
Fund (Unfavorable)
Period
AcƟvity
Current
Total Budget
Original
Total Budget
100 - General Fund -1,443,112.16 -402,213.00 -402,449.25 -1,040,662.91 -332,429.32 Report Surplus (Deficit): -332,429.32 -1,443,112.16 -402,213.00 -402,449.25 -1,040,662.91 9/21/2023 8:45:14 AM Page 1 of 1
Balance Sheet
Chowchilla, CA Account Summary
As Of 08/31/2023
Account Name Balance
Fund: 100 - General Fund
Assets
100-0100-0201 Petty Cash 500.00
100-0100-0202 Pre-Paid Postage Account 4,457.20
100-0100-0206 Cash Drawer 1,700.00
100-0100-0219 Lease Receivable 173,435.38
100-0100-0220 Accounts Receivable-Clients 33,865.16
100-0100-0221 A/R - Non Governmental -1,112.68
100-0100-0222 A/R - Intergovernmental 10,948.52
100-0100-0224 A/R MODULE ONLY RECEIVALBLES 197,718.01
100-0100-0225 Accounts Receivable-RDA -24.89
100-0100-0226 Advance to Other Funds 410,031.56
100-0100-0227 Liens Receivables General Fund 159,154.66 100-0100-0228 Pending Charges or Refunds 36.44
100-0100-0229 A/R Business License -1,236.94
100-0100-0230 Accounts Receivable-Utilities 50.50
100-0100-1900 Claim On Cash 6,958,512.01
Total Assets: 7,948,034.93 7,948,034.93
Liability
100-0200-0418 Deposits on Hold-PR Signs 2.00
100-0200-0422 Bonds for Work-Refundable 12,500.00
100-0200-0428 Deposits Prepaid by Developers 138,000.00 100-0200-0480 Deferred Revenue 169,467.02
100-0200-0482 Unavailable Lease Revenue 100,549.08
100-0200-0499 Payroll Correction -0.93
100-0200-2901 Accounts Payable Pending 21,940.96
Total Liability: 442,458.13
Equity
100-0300-0601 Fund Balance 7,528,118.64
100-0300-0602 Designated Restricted Donation 1,434.55
100-0300-0604 Reserve for Contingencies 910,223.00
100-0300-0605 Designated for Prepaid Items 239.50
100-0300-0608 Prior Period Adjustments 82,903.49
100-0300-0611 Reserve for L/T A/R 418,794.59
100-0300-0615 SB1186 6,975.19
Total Beginning Equity: 8,948,688.96
Total Revenue 235,636.72
Total Expense 1,678,748.88
Revenues Over/Under Expenses -1,443,112.16
Total Liabilities, Equity and Current Surplus (Deficit): 7,948,034.93 Total Equity and Current Surplus (Deficit): 7,505,576.80
REPORT TO THE CITY COUNCIL
Item 3.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: September 26, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution and Master Agreement between Madera County Transportation Commission (MCTC) and the City of Chowchilla for the Fiscal Year (FY) 2022/2023, in regard to the allocation of RSTP Exchange Funding
PREPARED BY: Jonise Arredondo, Administrative Analyst
ATTACHMENTS: Resolution, 2022/2023 Master Agreement, Application for RSTP Exchange Funds
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:
Approve the Resolution and Master Agreement between Madera County Transportation Commission (MCTC) and the City of Chowchilla for the Fiscal Year 2022/2023.
BACKGROUND:
The Regional Surface Transportation Program (RSTP) was established by California state Statute utilizing Surface Transportation Program Funds per Section 133 of Title 23 of the United States Code. This program provides flexible funding that may be used by States and localities for projects to preserve and improve the conditions and performance on any Federal-aid highway, bridge and tunnel projects on any public road, pedestrian and bicycle infrastructure, and transit capital and intercity passenger projects.
MCTC allocates RSTP funds annually to the City of Chowchilla. The Department of Transportation (DOT) requires an annual approval of a resolution authorizing the use of RSTP funds as well as confirmation of eligible or qualified expenditures which must be requested by application for reimbursement. The Master Agreement commits the City to the terms of these requirements set forth and monitored by MCTC.
REASON FOR RECOMMENDATION:
In order to receive RSTP funds, the Department of Transportation in conjunction with MCTC requires an annual renewal of the Master Agreement to authorize the distribution of RSTP funds for FY 2022/2023.
FISCAL IMPACT:
None.
ALTERNATIVES:
Not to approve the agreement between MCTC and the City of Chowchilla and not receive funds from RSTP.
x
ACTIONS FOLLOWING APPROVAL:
Upon signing of the Resolution and Master Agreement, the Master Agreement is to be submitted to MCTC.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA APPROVING THE
MASTER AGREEMENT BETWEEN THE MADERA COUNTY TRANSPORTATION COMMISSION AND THE CITY OF CHOWCHILLA FOR THE FISCAL YEAR 2022/2023 ALLOCATION OF REGIONAL
SURFACE TRANSPORTATION PROGRAM (RSTP) EXCHANGE FUNDING AND AUTHORIZING
CITY ADMINISTRATOR OR DESIGNEE TO SIGN NECESSARY CLAIM FORMS TO OBTAIN
FUTURE FUNDING
WHEREAS, the City of Chowchilla is entitled to receive $ 209,862 of Regional Surface Transportation Program (RSTP) funds in the 2022/2023 Fiscal Year; and, WHEREAS, the City of Chowchilla has reserved $ 209,862 for future projects; and, WHEREAS, said allocations are available to fund qualified and eligible expenditures incurred within the Transit and Street Maintenance Activities of the City as are reflected in Exhibit A to the Attached Master Agreement; and,
WHEREAS, to receive its annual allocation of RSTP funds, the City must agree to the terms presented in the attached Master Agreement and subsequently submit funding applications seeking reimbursement for the expenditure of funds on eligible projects.
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 Master Agreement between Madera County Transportation Commission and the City of Chowchilla regarding the use of RSTP allocations for the 2022/2023 fiscal year is hereby approved as shown in Attachment A, which is incorporated by reference herein.
3. The City Administrator or designee is authorized to complete and sign future funding applications necessary to obtain reimbursement of funds expended on eligible projects.
4. The Resolution shall take effect immediately.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 26th day of September, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
1 MASTER AGREEMENT BETWEEN THE
MADERA COUNTY TRANSPORTATION COMMISSION
AND THE CITY OF CHOWCHILLA
FOR THE FISCAL YEAR 2022/23 ALLOCATION OF RSTP EXCHANGE FUNDING This agreement is made by and between the City of Chowchilla, a public body, hereinafter referred to as “Recipient,” and the Madera County Transportation Commission, hereinafter referred to as “MCTC.”
WHEREAS, the MCTC is the state-designated Regional Transportation Planning Agency for Madera County; and
WHEREAS, as authorized by section 182.6(g) of the Streets and Highways Code, the MCTC has entered into a separate agreement with the State of California, through the Department of Transportation (Caltrans), to assign a defined portion of its annual Regional Surface Transportation Program (RSTP) apportionment to Caltrans in exchange for state funds for specified fiscal year(s); and
WHEREAS, the MCTC is authorized to use these exchanged funds (hereinafter RSTP Exchange Funds) to assist local agencies to promote projects which otherwise qualify for RSTP funds; and WHEREAS, it is contemplated by MCTC and the Recipient that the amount of funding and the projects designated in Exhibit A may change from time to time as set forth below; and WHEREAS, the MCTC has requested the Madera County Auditor-Controller to establish a separate fund for the Federal Apportionment Exchange Program and such a separate fund has been established.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, THE PARTIES HERETO AGREE AS FOLLOWS:
A. The MCTC agrees to allocate RSTP Exchange Funds paid by Caltrans under the Federal Apportionment Exchange Program only for projects as authorized under sections 133(b) and 133 (c) of Title 23, United States Code and Article XIX of the California State Constitution.
B. The Recipient agrees to use RSTP Exchange Funds only for the RSTP Exchange eligible project(s) described in Exhibit A.
C. The Recipient agrees to reimburse funds back to MCTC if it is determined that RSTP Exchange Funds were used for ineligible projects.
2 RSTP Exchange Agreement
1. ADMINISTRATIVE POLICIES
A. The projects described in Exhibit A, and the amounts allocated therefore, may be amended from time to time without changing the rest of this Master Agreement.
B. The Recipient agrees to submit a RSTP Monitoring report to MCTC every 6 months describing the progress towards completion for all projects listed in Exhibit A.
C. The Recipient agrees to mention MCTC’s role in funding the project in any press releases or media events held by the Recipient to promote a funded project.
D. The MCTC agrees to reimburse the Recipient within 30 days of receipt of an accurately completed claim form from the Recipient. The Recipient shall be reimbursed for actual incurred costs that are supported with documentation.
E. The Recipient agrees to cause the completion of the project(s) within three years from the date funds were approved, as recorded in Exhibit A. Failure to complete the project(s) in a timely basis shall allow MCTC to refuse reimbursement and to reprogram such funds for other purposes.
2. COST PRINCIPLES
A. Recipient agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards.
B. Recipient agrees to require its contractors and subcontractors to:
(1) use Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., to determine the allowability of individual project cost items; and
(2) comply with Federal administrative procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards.
3. THIRD PARTY CONTRACTING
A. Recipient shall not award a construction contract over $10,000 or other contracts over $25,000 on the basis of a noncompetitive negotiation for work to be performed using Funds without the prior written approval of Caltrans. This provision shall not apply to professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e), and (f).
3 RSTP Exchange Agreement
B. Recipient agrees that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as project costs only after those costs are incurred and paid for by the subcontractors and only if consistent with Paragraph 6, below.
C. In addition to the above, the audit requirements of third party contractor/ consultants with Recipient shall be consistent with Local Assistance Procedures Manual as published by Caltrans.
4. ACCOUNTING SYSTEM
Recipient, its contractors and subcontractors, shall establish and maintain an accounting system and records that properly accumulate and segregate expenditures by line item.
The accounting system of Recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment claims.
5. RIGHT TO AUDIT
For the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement, the Recipient, its contractors and subcontractors each agrees to grant Caltrans and/or the MCTC auditors access to the Recipient’s books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including but not limited to, the costs of administering those various contracts. All documents shall be made available for inspection by authorized Caltrans or MCTC agents at any time during project development and for a four-year period from date of completion of project or one year after the audit is completed or waived by Caltrans, whichever is later.
6. TRAVEL AND SUBSISTENCE
Payments to contractors and subcontractors for travel and subsistence expenses of Recipient forces and/or its contractors or subcontractors, claimed for reimbursement or applied as local match credit, shall not exceed rates authorized to be paid exempt nonrepresented State employees under current State of California Department of Human Resources (CalHR) rules. If the rates invoiced are in excess of those authorized CalHR rates, then Recipient is responsible for the cost difference and any overpayments shall be reimbursed to the MCTC on demand.
7. PROJECT COMPLETION
Recipient agrees to provide to the MCTC a short report summarizing total project costs and milestones, including before and after photos of the project, for each project within sixty (60) days of completion.
4 RSTP Exchange Agreement
8. GOVERNING LAWS
This Agreement shall be construed and enforced according to the laws of the State of California, and the parties hereby agree that the County of Madera shall be the proper venue for any dispute arising hereunder.
9. CONFLICT OF INTEREST
Recipient warrants that it presently has no interest and shall not acquire any interest during the term of this Agreement, which would directly or indirectly conflict in any manner or to any degree with its full and complete performance of all services under this Agreement.
10. CONSTRUCTION OF AGREEMENT
The parties agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any exhibit or amendment. To that end, it is understood and agreed that this Agreement has been arrived at through negotiation, and that neither party is to be deemed the party which prepared this Agreement within the meaning of Civil Code Section 1654. Section and paragraph headings appearing herein are for convenience only and shall not be used to interpret the terms of this Agreement.
11. WAIVER
Any waiver of any term or condition hereof must be in writing. No such waiver shall be construed as a waiver of any other term or condition herein.
12. SUCCESSORS AND ASSIGNS
This Agreement and all rights, privileges, duties and obligations hereunder, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns and heirs.
13. TIME IS OF THE ESSENCE
The parties mutually acknowledge and agree that time is of the essence with respect to every provision hereof in which time is an element. No extension of time for performance of any obligation or act shall be deemed an extension of time for performance of any other obligation or act, nor shall any such extension create a precedent for any further or future extension.
14. EXECUTION OF AGREEMENT
Any individual executing this Agreement on behalf of an entity represents and warrants that he or she has the requisite authority to enter into this Agreement on behalf of such entity and to bind the entity to the terms and conditions hereof. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 5 RSTP Exchange Agreement
15. ENTIRE AGREEMENT
This document, including all exhibits hereto, constitutes the entire agreement between the parties, and supersedes any and all prior written or oral negotiations and representations between the parties concerning all matters relating to the subject of this Agreement.
16. TERMINATION DATE
This Agreement shall remain in effect for a period of three (3) years from the date of this Agreement.
17. AMENDMENTS
Any changes to Exhibit A of the Agreement requested by the Recipient shall be implemented by a written amendment to Agreement and approved by both parties.
IN WITNESS WHEREOF, MCTC and Recipient execute this Agreement as follows:
MADERA COUNTY TRANSPORTATION COMMISSION
_________________________________ ___________
Patricia Taylor Date
Executive Director
CITY OF CHOWCHILLA
_______________________________ ___________
Rod Pruett Date
City Administrator
Approved as to Form:
_______________________________ ___________
Mary Turner Date
City Attorney
REPORT TO THE CITY COUNCIL
Item 3.4
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THE AGENDA
Meeting of: September 26, 2023
AGENDA SECTION: Consent
SUBJECT: Adoption of a Resolution Awarding the Landscape and Right-of-Way Maintenance Services Contract to Grover Landscape Services, Inc. and Authorizing the City Administrator or Designee to Execute all Related Documents
PREPARED BY: Jonise Arredondo, Administrative Analyst
ATTACHMENTS: Resolution, RFP Response
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:
City Council adopts a resolution awarding the Landscape and Right-of-Way Maintenance Services to Grover Landscape Services, Inc.
Authorize the City Administrator or designee to execute an agreement with Grover Landscape Services, Inc. for Landscape and Right-of-Way Maintenance Services.
BACKGROUND:
The City of Chowchilla solicited a Request for Proposal (RFP) #2023-RFP-018 for Landscape and Rightof-Way Maintenance Services on July 11, 2023. The RFP was for Landscape and Right-of-Way Maintenance Services for various areas in the City of Chowchilla including the City of Chowchilla Civic Center, in addition to potential landscaping alternatives for other areas in the City including the City of Chowchilla Police Department.
On August 14, 2023, the RFP was closed at which time three (3) bids were received. The breakdown of the bids is as follows:
x
Grover Landscape Services, Inc.
Item Description FY 2023-24 Cost Total
1-14 Landscape/ROW/Civic Center Maint. $66,000 $270,338 Alternative Additions
1A Robertson/233 Overpass $6,840 $28,017
2A Robertson/233 Palm Trees $89,940 $387,653
3A Chowchilla Police Department $1,260 $5,161
4A Montgomery Farms $1,860 $7,619
5A Extra Work $10,000 $40,000
Grand Total $175,900 $738,788
Hogan
Item Description FY 2023-24 Cost Total
1-14 Landscape/ROW/Civic Center Maint. $168,795 $698,654 Alternative Additions
1A Robertson/233 Overpass $13,200 $54,405
2A Robertson/233 Palm Trees $80,000 $329,729
3A Chowchilla Police Department $5,500 $22,669
4A Montgomery Farms $13,200 $54,405
5A Extra Work $10,000 $40,000
Grand Total $290,695 $1,199,862
EMT, Inc.
REASON FOR RECOMMENDATION:
Upon analysis of the bids submitted, staff recommends awarding Grover Landscape Services the agreement the base bid for all landscape maintenance within the City listed in the RFP in the amount of $270,338.00 over a four-year period.
Additionally, staff recommends awarding alternatives 1A, 3A, 4A, and 5A to Grover Landscape Services in the amount of $80,797.00 over a four-year period as these alternative services will free up City staff to focus more on park facilities and allow the City to maintain an appropriate entrance to the city off of State Route 99 and the Police Department. As a result, the total contract price will be $311,135.00 for the fouryear period of the contract.
Item Description FY 2023-24 Cost Total
1-14 Landscape/ROW/Civic Center Maint. $89,473 $396,911 Alternative Additions
1A Robertson/233 Overpass $14,912 $66,152
2A Robertson/233 Palm Trees $52,450 $222,160
3A Chowchilla Police Department $3,728 $16,538
4A Montgomery Farms $11,184 $49,614
5A Extra Work $10,000 $40,000
Grand Total $175,900 $766,009
FISCAL IMPACT:
The proposal submitted is for a four (4) year period and a recommended total of $311,135.00 and will be funded as follows over the term of the agreement:
Proposed Cost Funding Source
$237,898.00 LLMD Fee Assessments
$45,220.00 General Fund (Civic Center/Police Department) $24,517.00 Gas Tax (Interchange)
$3,500.00 Caltrans Delegated Maintenance Agreement (Interchange) $311,135.00 TOTAL
ALTERNATIVES:
The City Council does not accept bid results and asks staff to advertise new RFP for Landscape and Rightof-Way Services.
ACTIONS FOLLOWING APPROVAL:
The City Administrator or Designee enters into an agreement with Grover Landscape Services, Inc.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AWARDING THE LANDSCAPE AND RIGHT-OF-WAY MAINTENANCE SERVICES CONTRACT TO GROVER LANDSCAPE SERVICES, INC. AND AUTHORIZING THE CITY ADMINISTRATOR OR
DESIGNEE TO EXECUTE ALL RELATED DOCUMENTS
WHEREAS, the City of Chowchilla has previously outsourced Median and Right-of-Way Landscape Maintenance services; and
WHEREAS, Public Works staff prepared and issued a Request for Proposals #2023-RFP-018 for Landscape and Right-of-Way Maintenance Services and was posted on the City of Chowchilla’s and OpenGov’s websites; and
WHEREAS, three (3) bids were received and opened at City Hall on August 14, 2023 by the City Clerk; and
WHEREAS, Grover Landscape Services, Inc. submitted the lowest responsible and responsive bid; and
WHEREAS, the city will enter into an agreement with Grover Landscape Services, Inc. for three (3) years; and
WHEREAS, at the discretion of the City Administrator or designee may extend the agreement for an additional one (1) year term.
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. Awards the RFP #2023-RFP-018 for Landscape and Right-of-Way Maintenance Services to Grover Landscape Services, Inc.
3. Authorizes one (1) extension at the direction of city administrator or designee.
4. Authorizes the City Administrator or designee to execute all documents necessary to complete the services on behalf of the City of Chowchilla.
5. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 26th day of September, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 6.1
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THE AGENDA
Meeting of: September 26, 2023
AGENDA SECTION: New Business
SUBJECT: A Resolution Approving an Agreement with the Lew Edwards Group for Placing a Reauthorization of Measure N Before the Voters on 2024 General Election Ballot and Authorizing the City Administrator to Execute All Necessary Documents.
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Resolution
Agreement with Lew Edwards
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:
That the City Council adopts a resolution to approve an agreement with Lew Edwards to provide professional services for placing a reauthorization of Measure N on the 2024 General Election Ballot.
BACKGROUND:
The voters approved Measure N on the 2018 ballot and became effective in April 2019. Measure N, a special tax, is a Full Cent sales tax add-on that is required to be spent on Public Safety. Measure N is set to expire April 2027. The City used Lew Edwards for the 2018 ballot Measure and was successful.
REASON FOR RECOMMENDATION:
Staff would like to use Lew Edwards for the renewal since this is a specialized service, they were successful on the original measure, know all the history with the measure and they are familiar with our community. If Measure N is not renewed, the City would lose a significant funding resource that is estimated to bring in roughly $2.6M for FY 23/24. Measure N is used for necessary infrastructure, equipment and increases in personnel. Since Measure N was passed, the City has seen a significant reduction in crime rates.
FISCAL IMPACT:
The contract is for $77,000 and will be paid from our Measure N fund.
ALTERNATIVES:
Do not approve the agreement and wait until the 2026 election for renewal.
ACTIONS FOLLOWING APPROVAL:
The City Administrator will sign the Agreement.
x
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
APPROVING AN AGREEMENT WITH LEW EDWARDS GROUP FOR PLACING A REAUTHORIZATION OF MEASURE N BEFORE THE VOTERS ON THE 2024 GENERAL ELECTION
BALLOT AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE ALL NECESSARY
DOCUMENTS THERETO
WHEREAS, The City of Chowchilla places a strong social priority on public safety; and WHEREAS, Measure N is specifically designated for public safety; and WHEREAS, Measure N is set to expire in April 2027; and
WHEREAS, Measure N has been a key component in helping improve public safety services by funding infrastructure improvements, equipment and increases in personnel; and WHEREAS, Measure N is estimated to bring in $2,635,846 for FY 23/24; and WHEREAS, the City has seen significant reductions in crime rates since Measure N passed in 2018.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla authorizes the City Administrator to enter into a contract with the Lew Edwards Group with the intent of placing a reauthorization of Measure N on the 2024 General Election Ballot.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 26th day of September 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________
Ray Barragan, Mayor
ATTEST:
________________________
Joann McClendon, CMC
City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the 15th day of September 2023 by and between the City of Chowchilla ("City") and The Lew Edwards Group, a California corporation ("Consultant").
RECITALS
A. Consultant is experienced and competent to perform the special services that will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional consulting services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall furnish the following services in a professional manner:
“Consultant shall perform services as described in Exhibit A, attached hereto and incorporated herein by reference as Exhibit A. Consultant shall provide its services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time.”
2. Time of Performance. The services of Consultant will commence effective September 15, 2023 and be completed on November 15, 2024.
3. Consulting Fees. Consulting fees shall be paid in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference.
4. Method of Payment. Consultant shall submit invoices to City for professional fees. City shall pay Consultant no later than 30 days after invoice.
5. Extra Work or Extension of Services. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.
6. Termination. This Agreement may be terminated by the City immediately for good cause, or by either party without cause upon two weeks written notice of termination. For the purposes of this Agreement, "good cause" shall be deemed a failure of Consultant to perform its duties as specified in their Scope of Work as described in Exhibit A, or a breach by Consultant of any other terms in Agreement. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.
7. Ownership of Documents. All Final Work Product plans, studies, documents, and other writings prepared by and for Consultant, their officers, employees and agents and subcontractors during this Agreement (except working notes, draft work product, or internal documents), shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use any materials paid for, in its discretion. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City upon written request, if these products are paid for by the City.
8. Independent Contractors. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as agents or employees of the City. Consultant shall obtain no rights to retirement benefits or other benefits that accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
9. Professional Ability of Consultants. City has relied upon the professional experience and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise. The parties expressly acknowledge that legal services are not within Consultant’s scope of work.
10. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
11. Indemnity. The parties agree to defend and hold harmless one another, their respective officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability directly or indirectly (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement, to the extent arising out of the sole negligence or willful misconduct of either party, or their respective officers, agents, employees or volunteers.
12. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Chowchilla
130 South Second Street
Chowchilla, CA 93610
Attention: City Administrator Rod Pruett
If to Consultant: Ms. Catherine Lew
President
The Lew Edwards Group
PO Box 21215
Oakland, CA 94620
13. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
14. Amendments. This Agreement may be modified or amended only by a written document executed by Consultant and City.
15. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
16. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
17. Litigation Expenses and Attorneys' Fees. If Consultant or City commences any legal action against the other out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the dispute remains unresolved after mediation, either party may commence litigation.
19. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business, and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above.
[EXECUTION PAGE FOLLOWS]
THE LEW EDWARDS GROUP CITY OF CHOWCHILLA
Date: 9/16/23 Date:
By: __________________________
CATHERINE LEW ROD PRUETT,
PO Box 21215 City Administrator
Oakland, CA 94620 130 South Second Street
Chowchilla, CA 93610
EXHIBIT A -- SCOPE OF SERVICES
• Assist the City with Project Management in preparing for a potential November 2024 reauthorization measure.
• Facilitate the development of public opinion research conducted by City’s designated research professional, FM3 Research.
• Independently analyze research findings and make recommendations on viability and election timing.
• Recommend and update preparation and project plan and timeline. • Develop text copy for informational materials.
• Recommend strategies to disseminate information, consistent with the City’s practices and advise on additional communications avenues to disseminate its information, such as use of its website and other Internet, paid digital, and traditional approaches as appropriate.
• Provide press releases or other text copy for the Internet, traditional Earned Media and/or Social Media.
• Work with the City to provide clarifying or correct information to the public on a rapid response basis as needed. (Consultant does not function as a spokesperson for the City) • Provide ongoing advice as needed, including added value to the development of staff reports, City resolutions, and ballot materials.
Legal services/advice are not within Consultant’s scope of work. NO advocacy services will be conducted at City expense. Consultant’s services will conclude on November 15, 2024.
EXHIBIT B – SCHEDULE OF CHARGES
The contract amount of Seventy-seven Thousand Dollars ($77,000) for professional services shall be payable as follows:
• At the discounted rate of Five Thousand, Five Hundred Dollars ($5,500.00) per payment due and payable on the last business day of each month commencing September 30, 2023 with the last payment on November 15, 2024. • The first and last payments shall be prorated to half of the month per payment.
Consultant’s professional fees do not include hard project costs such as opinion research, graphics, printing, postage, paid digital or other direct mail costs which must be budgeted by the City separately if desired.
REPORT TO THE CITY COUNCIL
Item 6.2
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TO RETURN TO
THE AGENDA
Meeting of: September 26, 2023
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 on-going services for Community Facilities District (CFD) 2022-1
PREPARED BY: Mark Hamilton, Community & Economic Development Director 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 on-going services for Community Facilities District (CFD) 2022-1. Approval of the agreement is subject to the attorney’s review.
BACKGROUND:
In January 2021, the City began looking into the rate and apportionment method of the existing City CFD’s, staff realized new developments may also be annexed into a separate CFD related to how new developments will impact future services within the community. In 2022, City Council approved the annexation of Oleander Terrace Subdivision into CFD 2022-1. This past year, the County of Madera collected approximately $24,000 in previously unrealized revenues to assist the Community with the cost recovery of the new users impacts to City Services.
DISCUSSION:
CFD 2022-1 assessments based off the Financial Impact Analysis (FIA) prepared in 2022. The study considered the impacts of future developments will have on city services within the City. Some of the services identified included: fire, police, streets maintenance, parks, general and administrative, et cetera.
The FIA looked at revenues generated form a development and compared it to the cost of the increases in services needed. Revenues would include property taxes, sales tax, gas tax, VLF, et cetera. This past year, the City received approximately $24,000 in revenues generated within this CFD.
The proposed agreement with NBS allows them to assist with gathering and reviewing data pertinent to the administration for CFD 2022-1. Data will be obtained from various sources such as assessor’s parcel maps, building permits and county assessor information as determined to be necessary based on the requirements of the Rate and Method of Apportionment. NBS will maintain and periodically update a database of all parcels within the CFD and relevant parcel information. x
Additionally, NBS will calculate the annual Special Tax Requirement for the City, which will include all necessary components as outlined in the Rate and Method of Apportionment, such as funds necessary for authorized services and maintenance, administrative expenses, collection costs for direct financing of services or facilities, and credits as determined from the analysis of the CFD funds.
FISCAL IMPACT:
Please see the attached proposal from NBS to assist with the administration of CFD 2022-1 for an amount not to exceed $4,950. This will be reimbursed through the collection of property taxes paid by each assessed property located within the CFD.
ACTIONS FOLLOWING DECISION:
Provided council approves the professional services agreement, NBS will begin assisting the City with gathering and reviewing data pertinent to the administration of the Community Facilities District (CFD).
ALTERNATIVES:
1. Continue the Item to a future City Council meeting (date and time to be specified in City Council motion).
2. Approve, subject to other than those updates recommended by staff (identify specific findings and/or conditions amended; or, to be addressed in City Council motion); or,
3. Deny; or,
4. Refer to City Staff for reconsideration of specific items to be addressed in City Council motion.
COUNCIL RESOLUTION # - 23
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) ON-GOING SERVICES FOR COMMUNITY FACILITIES DISTRICT 2022-1
WHEREAS, the City will be authorizing a Professional Services Agreement utilizing the services of NBS ("Contractor") to provide on-going service for Community Facilities District 2022-1; and, WHEREAS, the Contractor currently provides services to the City for annual disclosure and reporting requirements for the CFO 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 the City’s current CFD and expertise; and, WHEREAS, staff's belief is that the Contractor's knowledge and ability to assist the City with the formation of a new CFO 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 CFO 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 proceeds collected for CFD 2022-1.
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 theCity Administrator to execute same on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 26th day of September, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
CITY OF CHOWCHILLA
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this ____ day of _____, 20__, by and between the City of Chowchilla, California, a municipal corporation, (“City,”) and NBS Government Finance Group, a California Corporation, dba NBS, an economic development consultant (“Contractor”).
1. Description of Project. City desires to obtain consulting services with the Contractor to 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 Project”), and to engage Contractor to provide the required professional services relating to the project.
2. Scope of Services - Basic; Completion. Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT “A” entitled “SCOPE OF SERVICES - BASIC, COMPLETION SCHEDULE” and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.
3. Scope of Services - Additional, Completion Schedule. It is understood by City and Contractor that it may be necessary, in connection with the project, for Contractor to perform or secure the performance of services other than those set forth in EXHIBIT “A”. In each such instance, Contractor shall advise the City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if applicable). Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, and has given written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as “Additional Contractor Service No. 1” and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached as “Exhibit C: ADDITIONAL SERVICES.”
4. Changes to Scope of Work - Basic Services. City may at any time and, upon a minimum of ten (10) days’ written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor’s notice to proceed with the changed scope.
5. Compensation; Retention. Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT “B” entitled “COMPENSATION.” Amounts due to Contractor from City for services rendered shall be evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.
Each such invoice shall be forwarded to City so as to reach it on or before the fifteenth (15th) day of the month next following the month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will make payment on each such invoice within thirty (30) days of its receipt, provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be obligated to process any payment to Contractor until a correct and complying invoice has been submitted.
6. Responsibility of Contractor. By executing this Agreement, Contractor warrants to City that Contractor possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Contractor further warrants that it will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Agreement. The Contractor shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Contractor will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.
7. Responsibility of City. To the extent appropriate to this project, City agrees to:
7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.
7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.
7.3 Examine all studies, reports, specifications, proposals and other documents prepared and presented by Contractor, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the progress of the work by Contractor.
7.4 Designate in writing a person to act as City’s representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements and systems pertinent to Contractor’s services.
8. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expense, and cost (including without limitation, reasonable attorney fees, expert fees and all other costs and fees of litigation) arising out of or in connection with Contractorʼs negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.
9. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the following insurance coverage:
9.1 Workers’ Compensation Insurance to cover its employees, and Contractor shall require all contractors and subcontractors similarly to provide Workers’ Compensation Insurance as required by the Labor Code of the State of California for all of the subcontractors’ employees.
9.2 Professional Liability Insurance Covering Errors and Omissions. The limits of coverage shall be no less than ONE MILLION DOLLARS ($1,000,000) with a provision for no more than $200,000 deductible. Contractor may not disclaim responsibility or avoid liability for the acts or omissions of its subcontractors or other professional contractors.
9.3 Public Liability Insurance including personal injury and property damage insurance for all activities of the Contractor and its subcontractors arising out of or in connection with this Agreement, written on a comprehensive general liability form including, but not limited to, Broad Form Property Damage, blanket contractual, products liability and completed operations, X, C, U hazards, vehicle coverage and non-owned auto liability coverage in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit personal injury and property damage for each occurrence.
9.4 Certificates of Insurance and properly executed endorsements in a form acceptable to the City Attorney evidencing the coverage required by the clauses set forth above shall be filed with the City at the time of execution of this Agreement. Each such policy shall be endorsed with the following language, except as otherwise provided:
(1) The City of Chowchilla is named as additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract. (For Public Liability Only) (2) The insurance provided is primary and no other insurance held or owned by the City shall be called upon to contribute to a loss.
(3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured.
(4) The coverage provided by this policy shall not be canceled, non-renewed, or substantially reduced in amount or scope, without thirty (30) days prior written notice given to City by certified mail.
(5) All rights of subrogation are hereby waived against the City, its officers, and employees when acting within the scope of their appointment or employment.
10. Confidentiality. All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, or required by law.
11. Conflict of Interest. Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest which would conflict in any manner with the performances of services hereunder, and shall be attached as “Exhibit C: Municipal Advisor Disclosure.”
12. Nondiscrimination. During the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, gender, sexual orientation, or age. Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, gender, sexual orientation, or age.
13. Independent Contractor. City and Contractor agree that the relationship between them created by this Agreement is that of an employer-independent contractor. Contractor shall be solely responsible for the conduct and control of the work performed under this Agreement.
Contractor shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Contractor’s ability to fulfill the obligations established herein to City. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker’s Compensation Insurance, as the Contractor is an independent contractor.
14. Notice to Proceed; Progress; Completion. Upon execution of this Agreement by the parties, City shall give Contractor written notice to proceed with the work. Such notice may authorize Contractor to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.
15. Ownership of Documents and Materials as a Result of this Agreement. Title to all documents, drawings, specifications, and work product performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for those services rendered by Contractor. Contractor shall not be held liable for any modification or re-use of City-owned work product for purposes outside it’s original intent. If this Agreement results in any copyrightable material or inventions, the City reserves the right to royalty-free, non¬ exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes.
16. Designation of Key Personnel. The titles of positions employed by the Contractor specified in the attached EXHIBIT “B” shall provide the services set forth herein, and shall be the persons primarily in charge of such work. No other individuals may provide services for Contractor on this project without first obtaining the written approval of the City Administrator.
17. Mistake of Fact. Each party understands that if any fact with respect to any matter covered by this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.
18. Term; Termination. The term of this Agreement shall commence upon City’s issuance to Contractor of a notice to proceed for all or a portion of the work, as hereinabove provided, and shall terminate upon City’s acceptance and payment for all or such portion of the work as was authorized by such notice, including any and all retention. Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten (10) days prior written notice of such termination to Contractor.
In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
19. Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materialsrelating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor’s usual and customary business hours. Contractor shall provide proper facilities to City’s representative(s) for access and inspection.
20. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws, Rules, Regulations. All services performed by Contractor pursuant to this Agreement shall be performed in full compliance with all applicable federal, state, and City laws, including any rules, standards or regulations promulgated thereunder.
22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.
23. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. The Parties may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by the City’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Parties from their obligations under this Agreement. The City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Parties.
24. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
25. Waiver/Validity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
26. Jurisdiction. City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Madera.
27. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
City Administrator
City of Chowchilla
130 S Second Street
Chowchilla, CA 93610
To Contractor:
Michael Rentner, President
NBS
32605 Temecula Parkway, Ste. 100
Temecula, CA 92592
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
28. Waiver of Consequential Damages. Neither party shall have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.
29. Force Majeure. Contractor shall not be liable for any failure to perform or any impairment to its performance to the extent such failure or impairment is solely caused by any act of God, fire, flood, natural catastrophe, labor dispute or strike or shortage, national or state emergency, epidemic or pandemic, insurrection, riot, act of terrorism, war, act of government, any action or inaction of City or a third-party engaged by it, and/or any other event, occurrence or circumstance beyond the reasonable control of Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.
CONTRACTOR: CITY OF CHOWCHILLA:
_____________________________ _________________________ President & CEO Mayor
NBS Government Finance Group
APPROVED AS TO FORM:
______________________
City Attorney
EXHIBIT “C”
ADDITIONAL SERVICES
1. Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided (as identified in Exhibit ‘A’), and has given written authorization to perform or obtain it.
Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as “Additional Contractor Service No. 1” and so forth, shall be subject to all of the provisions of this Agreement. Additional Services shall only be considered reimbursable by the City once these additional services have been amended into this agreement.
City of Chowchilla
CFD Administration Services 1
EXHIBIT A
CONSULTANT SCOPE OF SERVICES
Community Facilities District Administration (Non-Bonded)
DATA COLLECTION
NBS will gather and review data pertinent to the administration of the Community Facilities District (CFD). Data will be obtained from various sources such as assessor’s parcel maps, building permits and county assessor information as determined to be necessary based on the requirements of the Rate and Method of Apportionment. NBS will maintain and periodically update a database of all parcels within the CFD and relevant parcel information.
ADMINISTRATIVE COST RECOVERY
NBS will assist the City in identifying all costs associated with the administration of the CFD and recover those costs through the levy process as outlined in §53317(e) and §53340 of the Government Code of the State of California. Such costs may include, but are not to be limited to: bank fees, legal fees, county tax collection fees, and costs and expenses of the City and its consultants related to administration of the CFD.
SPECIAL TAX REQUIREMENT
NBS will calculate the annual Special Tax Requirement that will include all necessary components as outlined in the Rate and Method of Apportionment, such as funds necessary for authorized services and maintenance, administrative expenses, collection costs for direct financing of services or facilities, and credits as determined from the analysis of the CFD funds.
LEVY CALCULATION
NBS will calculate the annual special tax levy for each parcel within the CFD following the guidelines established in the Rate and Method of Apportionment.
MEETING ATTENDANCE
NBS will attend CFD-related City Council meetings as requested by the City.
LEVY SUBMITTAL
NBS will submit the levy to the County Auditor-Controller in the required format by the County’s deadline. Special Taxes rejected by the County Auditor-Controller will be researched and resubmitted for collection on the County Tax Roll. Any parcels that are not accepted by the County for collection will be invoiced directly to the parcel owner, with payment to be directed to the City.
SPECIAL TAX LEVY REPORT
NBS will provide an annual Special Tax Levy Report. This report will include a parcel listing with levy amounts and other parcel information, the details of the annual Special Tax Requirement, fund City of Chowchilla
CFD Administration Services 2
analysis, administrative expenses to be recovered, and status of the project and current issues affecting the CFD.
ADDITIONAL REPORTING
NBS will be a resource to the City by staying current and identifying any new legislation and reporting requirements as they relate to the CFD.
For each of the following reporting requirements, NBS will review all pertinent documents and obtain the information needed to:
• Prepare the required reporting to the California State Controller’s Office California Government Code, Section 12463.2, enacted as part of AB 2109. Provide to City staff for inclusion in the annual financial transaction report.
• Assist in the filing of the SB 165 report to the City Council each year to comply with legislation that enforces additional reporting requirements. California Government Code, Sections 50075.3 or 53411.
• Prepare other reports as required by any State and/or Federal disclosure reporting requirements pertaining to each CFD, as applicable, amended, or newly enacted and required.
This may be subject to an additional fee.
NOTICE OF SPECIAL TAX DISCLOSURE
NBS will provide Notice of Special Tax Disclosure notices to requesting parties as required by §53340.2 and §53341.5 of the Government Code of the State of California. The fee of any Notice of Special Tax shall be billed to the party requesting the disclosure form.
CONSULTING SUPPORT
NBS will provide a toll-free phone number for use by the City, other interested parties and property owners. Our staff will be available to answer questions regarding the CFD and ongoing collection of the special tax. Bilingual staff is available for Spanish-speaking property owners.
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 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.
City of Chowchilla
CFD Administration Services 3
EXHIBIT B
COMPENSATION FOR SERVICES
Community Facilities District Administration (Non-Bonded) CFD 2022-1 Annual Base Fee .................................................................... $4,500 plus $1 per parcel Estimated Expenses (1)...................................................................................................... NTE $450 Total Not to Exceed....................................................................................................... $4,950 (1) See description of expenses below
ANNUAL FEE INCREASES
Cost of living increases may be applied to the Administration services listed above on October 1 each year, beginning with the invoices issued on October 1, 2024. The COLA would be the actual cost of living increase based on the 12-month change from May to May in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all urban consumers for the applicable region for the City’s location.
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 $250
Associate Director / Engineer $225
Senior Consultant / Manager $200
Consultant $175
Financial Analyst $150
Clerical / Support $110
TERMS
Administration services will be invoiced at the beginning of each quarter. 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 City of Chowchilla
CFD Administration Services 4
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 may cancel this contract with 30 days’ written notice.