Agenda packet — Clovis City Council, July 5, 2022 (part 2 of 3)

I. For the purposes of this Section, “immediate family” shall include the husband, wife, registered domestic partner, father/step, mother/step, brother/step, sister/step, child/step, grandparents, mother/father in -laws and leg al dependents of the employee receiving the transfer of time.

J. Nothing in this section shall be construed to require donations of time to employees who request donations of leave time.

K. Employees wishing to donate vacation, CTO, or personal leave time to t he receiving employee shall provide written authorization to the Personnel/Risk Management Division for the transfer of time. The written authorization shall indicate the donating employee’s name, the number and type of hours to be donated, and the name of the receiving employee.
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16 21. Leave of Absence Without Pay

A. The City Manager may grant a permanent or probationary employee a leave of absence without pay or accrual of seniority for a period not to exceed three (3) calendar months. Leaves of absence without pay may be extended at three (3) calendar month intervals (up to a maximum of nine (9) calendar months) upon the mutual agreement of the City and the employee involved. No such leave shall be granted except upon written request of the employee setting forth the reason for the request, and the approval will be in writing. Upon expiration of the regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee may be reinstated in the position held at the time leave was granted.

Failure on the part of the employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be cause for discharge, in the discretion of the City Manager.

B. The Department Head may grant a permanent or probationary employee a leave of absence without pay for a period not to exceed one (1) calendar week.

Such leave shall be reported to the City Manager or the City Manager’s authorized representative.

22. Minimum Callback Pay

An employee in this unit who is called back to work outside of the employee’s regularly scheduled shift shall be paid a minimum of three (3) hours at the employee’s overtime rate. The employee shall have the option of choosing overtime pay or CTO as compensation for callback duty.

23. Mileage

The City shall pay the current City standard mileage reimbursement rate, as determined by the Internal Revenue Services, for use of an employee’s vehicle for authorized City business. Such use shall be in conformance with City practices and policies.

24. Jury Duty

The provisions of the City’s Personnel Rules and Regulations , which pertain to Jury Duty, shall be applicable to employees covered by this MOU. While serving on jury duty, employees will continue to be paid by the City on the basis of a forty (40) hour work week, at their normal rate of pay, on condition that any compensation (in excess of mileage expenses) received by the employee from the court be turned over to the City.

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17 25. Grievance Procedure

The City and TEBU/OE3 agree that all parties shall utilize the existing appeals mechanism provided for within the City of Clovis’ Personnel Rules and Regulations for all cases regarding discharge or suspension, unless and until appropriately modified at the initiation of the City.

Policy Statement

TEBU/OE3 employees herein are encouraged to solve difficulties and problems within their department. In the event that a difficulty or grievance cannot be settled within the de partment, the employee is encouraged to bring the matter to the attention of the Personnel Officer.

Purpose

The purpose of this grievance procedure is to secure, at the lowest possible administrative or supervisory level, proper and equitable solutions to grievances, and to guarantee orderly succession of procedures within which solutions may be pursued. It shall be incumbent upon all City employees to follow these procedures to settle their grievances.

Definition of Terms : As used in this Section, the following words shall have the designated meanings:

1. Grievance: A grievance is a good faith complaint of one or a group of employees or a dispute involving the interpretation, application, or enforcement of the express terms of this MOU and all other terms and working conditions of employment.

2. Conferee: A conferee is an individual who, at the request of the employee, is invited to participate in a grievance conference.

3. Aggrieved Party: Aggrieved party is the employee or group of employees or City making the claim.

4. Days: The term “days” shall, except when otherwise indicated, mean calendar days when the City offices are open.

Implementation Procedures: Any grievance of a disciplinary matter brought before the Personnel Commission accord ing to the manner and procedures specified in the City’s Personnel Rules and Regulations shall proceed according to the below- described manner and procedure:

a. Level One - Oral Discussion With Immediate Supervisor : An aggrieved party shall orally present the aggrieved party’s grievance to their immediate supervisor within fifteen (15) days of the occurrence of the event being grieved, or within fifteen (15) days after the employee becomes aware of the event being grieved. 267
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18 The aggrieved party and the immediate supervisor should make every effort to resolve the difficulty in this manner.

b. Level Two - Personal Conference Upon Written Claim With Immediate Supervisor: An aggrieved party may then submit the aggrieved party’s claim in writing to their supervisor. The written claim must be submitted to the immediate supervisor no more than fifteen (15) days past the date of the Level One discussion. This fifteen (15) day time period does not begin to run against an employee who is off duty on an approved absence, until that employee returns to duty. The parties should make every effort to resolve the difficulty in this manner.

The conciliatory efforts of conferees may be utilized at this stage as a substitute for or in conjunction with the aggrieved party. The aggrieved party’s written claim should state the aggrieved party’s position clearly, and the background and reasons and the following items must be included:

(1) A statement of the steps initiated by the aggrieved party to resolve the problem by informal means.

(2) A description of the general and specific grounds for the grievance.

(3) A listing of the specific actions and events alleged to be in violation (including witnesses).

(4) A statement of the reasons why the specific actions identified above are in violation of this Section.

(5) A listing of the specific actions which the aggrieved employee believes would best remedy the aggrieved employee’s grievance.

Upon receiving the written claim, the immediate supervisor shall schedule a personal confer ence with the aggrieved party to resolve the grievance. If the aggrieved party is not satisfied with the results of this personal conference with the aggrieved party’s immediate supervisor, which must be announced within fifteen (15) days, the aggrieved party must then file a written complaint with their department head within fifteen (15) days of receiving the notice from the aggrieved party’s immediate supervisor.

c. Level Three - Personal Conference With Department Head: An aggrieved party may appeal the Level Two decision to the aggrieved party’s Department Head by filing a written complaint. Said complaint shall contain the same information as described above for the Level Two claim. It shall not be necessary to rewrite the above information. The City shall provide a form which may be used at Levels Two through Four. Upon receipt of the complaint, the Department Head shall schedule a personal conference with the aggrieved. At this conference, the attending aggrieved party and Department Head should make every effort to resolve the matter. If the aggrieved party is not satisfied with the results of this personal conference with this Department Head, which results must be announced within 268
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19 fifteen (15) days of the conference, the aggrieved party must then file a written appeal as provided for in Level Four.

d. Level Four – Assistant City Manager/Board of Review : The aggrieved party may appeal the decision within ten (10) days after the decision has been provided at Level Three by filin g a request for a hearing. Requests for hearing and final decision before the Assistant City Manager or the Board of Review shall be made with the Personnel/Risk Manager as hereinafter described.

(1) The request shall be in writing and shall include the same information as described in the previous claim in Level Two. This shall be in the form of a separate written request, and said request shall be accompanied by a copy of the written claim filed at Level Two and Level Three.

(2) The Board of Review or Assistant City Manager shall have available all documents relating to the complaint and any City records that would be helpful in resolving the problem.

(3) After studying the documentary evidence, the Board of Review or Assistant City Manager shall conduct such hearings as it deem ed necessary. At least two (2) days’ notice of any scheduled hearing should be given.

(4) Within a reasonable time after the conclusion of the hearing, the Board of Review or the Assistant City Manager shall submit the Board’s written advisory findings of facts and written advisory decision to both the City and the aggrieved party.

(5) The Board of review shall be made up of three members, one selected by the Grievant, one selected by the City and the third selected by the first two from among those individuals currently serving on the City’s Personnel Commission.

Level Five - City Manager’s Decision: After receipt of the advisory findings of fact and advisory decision from Level Four, th e City Manager shall investigate and confer with the parties involved. The aggrieved party, at their own discretion, may bring in a conferee. The City Manager shall thereafter communicate a final and conclusive decision in writing together with supporting reasons, to the Grievant, within twenty (20) days of concluding the investigation of the matter.

General Provisions: To facilitate this procedure, the following provisions shall apply:

(1) Any party to a grievance may, at any point in the process outlined, have a conferee.

(2) Any employee may serve as a conferee without fear of prejudice or reprisal of any kind being taken against such employee.

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20 (3) Grievance adjustment should be more concerned with “what is right” and less concerned with “who is right”. Effective adjustme nt of grievances requires that all parties involved conduct themselves with decorum and restraint, and that commonly accepted principles of ethical conduct be observed at all times.

(4) All proceedings, at any level, shall b e kept private and confidential, and any disposition of the case will not be made public without the prior joint and mutual agreement of the aggrieved party and the City Manager. An aggrieved party who makes any proceeding or disposition public without said prior joint and mutual agreement shall be held to have thereby waived their grievance. This shall not apply when the aggrieved party requests an opportunity to address the Council. Decisions that have City- wide implications shall be communicated to all certified personnel in an objective and impersonal manner.

(5) The City shall keep a written record of all proceedings beginning with Level One. The parties involved shall initial a nd date the records at each Level, indicating their knowledge of the contents , before the grievance shall proceed to the next Level. Such signing shall not necessary indicate agreement to the factual content.

(6) Any costs of operating the grievance procedure shall be borne jointly by the City and the Grievant.

(7) By mutual written agreement, the time limit at any Level may be extended.

(8) The conferee shall conduct all applicable duties, whenever possible, during “non-working” hours. The conferee shall only be allowed to conduct said duties during working hours if (1) t here is no interference with any other employee’s job performance and ( 2) the conferee received no overtime compensation by the City for time so spent.

26. Lay-Off

A. The provisions of this article shall apply when the City institutes lay -off of bargaining unit emp loyees pursuant to the City ’s Personnel Rules and Regulations.

B. Statement of Intent: In the event the City should anticipate a lay -off of employees covered by this MOU, the City will notify TEBU/OE3 of its intention to make lay-offs. Within ten (10) days of this notice, either party may agree to reopen this MOU to meet and confer on the topic of cost savings in an effort to avoid a lay- off. Nothing in this section relinquishes the City's right to lay-off employees in the unit if the MOU is reopene d and the parties fail to reach a mutually acceptable agreement to avoid a lay-off.
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21 C. Notification: Employees to be laid-off shall be given at least thirty (30) calendar days’ prior notice. Prior to lay-off, the City shall issue a statement to the affected employee concerning the performance of the employee. If the performance of the affected employee has been certified as “satisfactory” or better, based on the last two performance evaluations, the name of the laid -off employee shall be placed on the appropriate reemployment list. If the performance of the laid -off employee is certified as not being “satisfactory” or better, the affected employee’s name shall not be placed on a reemployment list.

D. Order of Layoff : Employees shall be laid -off in the inverse order of their seniority with the City, within the classifications subject to lay -off(s). The City Manager shall determine in which classifications the lay -off(s) shall occur, based on the needs of the City. Seniority shall be determined based upon date of hire to a permanent, full-time position with the City. Within each classification, employees shall be laid-off in the following order:

a. Temporary Employees
b. Contractual Employees
c. Permanent Part-Time Employees
d. Probationary Employees
e. Permanent Employees

E. In cases where there are two or more employees in the classification from which the lay-off is to be made who have the same seniority date, such employees shall be laid -off on the basis of the last evaluation rating in the classification, provided that such rating has been on file at least thirty (30) days and no more than twenty-four (24) months prior to lay- off. In such cases, the employee(s) with the lower evaluation rating will be laid-off first.

F. Bumping: An employee designated to be laid-off may bump into the next lower classification within their classification series, provided that they have seniority over the person being bumped. An employee who is bumped shall b e laid-off in the same manner as an employee whose position is abolished.

G. Reemployment List: Employees who are laid -off and who have been certified by the City as providing “satisfactory” performance or better shall have their names placed on a reemploym ent list. Vacant positions in the bargaining unit shall be offered to qualified employees on the reemployment list by order of seniority, with the most senior-qualified employee recalled first. Seniority shall be determined by the length of time an emplo yee worked for the City in a permanent, full -time position.

Names shall be maintained on the reemployment list for a period of two (2) years. Persons who decline a reemployment offer to any permanent position for which they are qualified shall be stricken from the reemployment list. 271
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22 A laid-off employee who is reemployed to a position in which the employee had regular status shall not be required to serve a new probationary period but shall be required to meet minimum standards for the position. A laid-off employee who is reemployed to a position in which the employee did not have regular status shall be required to serve a n ew probationary period and meet the minimum standards of the position. Employees who do not pass the requisite probation in another class will be returned to the reemployment list for the class from which they were laid off. They will be returned to the same position on the reemployment list they occupied at the time of lay-off.

Employees who are reemployed shall have their sick leave balances restored to the amount prior to lay -off, accrue vacation leave at the same rate as prior to lay-off, and be plac ed at the same salary step if reemployed to the same classification from which the employee was laid-off. Upon recall, the City will allow the recalled employee a reasonable period of time in which to reinstate certifications that may have lapsed during the employee’s lay-off period.

H. Non-Discrimination: The City agrees that lay-offs shall be accomplished without regard to an otherwise -qualified employee’s race, color, national origin, religion, sex, physical disability or any other legally protected class.

27. Physical Examinations

A. In the event the Department Head has reason to believe that an employee is not physically capable of performing the full duties of the employee’s position, or that the employee’s condition represents a danger to the employee , other employees or the public, the Department Head may immediately place that employee on sick leave, or other accrued leave, or personal leave without pay if accrued leave is exhausted, or if already on sick leave, require the employee to remain off work until cleared for full duty by the City physician or another physician designated by the City.

B. If the employee so requests, the Department Head shall, prior to implementing the Department Head’s decision, present the reasons for taking such action to the employee and, if the employee desires, a representative of the employee's choice.

28. Uniform Allowance

The City shall provide uniforms for bus drivers and transit dispatchers. Uniforms are the property of the City and shall be returned to the City upon separation.

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23 29. Military Leave

A. Military leave shall be granted in accordance with the provisions of federal and state law. All employees entitled to military leave shall give the City Manager and/or an authorized agent an opportunity, within the limits of military regulations, to determine when such leave shall be taken.

B. Employees shall be paid their regular salary for the first 30 days of active duty within a fiscal year. Starting on the 31 st day of active duty, employees will receive the difference between their military base pay and their City of Clovis pay. Military orders and wage statements will be required. See the Leave Guide for more details.

30. Professional Development

The City shall reimburse employees in the Unit for the cost of tuition, required fees (such as a health fee), required textbooks or e -books, for job-related courses leading to a college degree. To be eligible for reimbursement, the course must be related to job duties or related to a position to which an employee might reasonably aspire.

The maximum reimbursement rate will be calculated September 1 of each year as the total of eight (8) semesters full -time undergraduate tuition, including required fees, at California State University Fresno. A total of $2,000 for required textbooks or e-books will be added to the tuition fees noted above for a grand total maximum reimbursement.

Expenses for courses which began prior to July 1, 2019 will not be included in the maximum lifetime allocation.

Reimbursement under this Section shall be made under the following conditions:

A. Employees must have completed their initial probationary period with the City.

B. By February 28 of each year, employees must submit a written request to participate in the Educational Incentive Program including an estimate of costs to be incurred during the following fiscal year.

C. Course work must be for an accredited college or university degree program, and have the prior approval of the Department Head. Accreditation shall be through the U.S. Department of Education unless otherwise approved by the Department Head.

D. An employee will be eligible for reimbursement of approved expenses for either an Associate’s, Bachelor’s or Master’s degree. Fees for any combination of these degrees may be reimbursed as long as they do not exceed the employee’s maximum allocation for the Educational Incentive Program.

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24 E. Course work must be work-related and determined by the Department Head to be of benefit to the City. Required course work as part of an approved undergraduate or Master’s degree program is eligible for reimbursement.

F. Reimbursement of approved course work and related expenses shall be contingent upon the attainment of a letter grade of “C” or better , or “ Pass” in a course with Pass/Fail grading. Reimbursement shall be made after the employee submits expense receipts and proof of letter grade.

G. Fees not required for enrollment such as parking, graduation related expenses, or travel will not be reimbursed.

H. All courses for which reimbursement is sought shall be taken while off duty and not in paid status.

31. Workweek

1. The workweek for all unit members shall be 168 consecutive regularly recurring hours.

2. For employees assigned to a “5 / 8” or “4 / 10” work schedule, the workweek shall begin at 0700 hours on Sunday and end at 0700 hours on the following Sunday.

3. For employees assigned to a “9/80” work schedule, each employee’s designated FLSA workweek (i.e., 168 regularly recurring hours) shall begin exactly four (4) hours after the start time of the employee’s eight (8) hour shift on the weekday that corresponds with the employee’s regular alternating day off.

32. Flexible Work Schedules

The City will analyze and respond within thirty (30) days to written proposals from TEBU/OE3 regarding alternative employee work schedules. Such proposals shall be designed with the primary concerns of saving operating costs and enhancing City service levels.

33. Labor-Management Committee

A. Purpose: The purpose of the Labor – Management Committee is to provide a forum for representatives of the City and TEBU/OE3 to discuss issues of concern to either party dealing with application or provisions of this MOU, workplace safety and efficient work practices.

B. Structure: The Labor – Management Committee shall be comprised of a reasonable number of representatives of the City and TEBU/OE3. If 274
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25 either the City o r TEBU/OE3 have items to discuss, t he Committee shall meet quarterly. The General Services Manager, or designee, shall develop an agenda of issues to be discussed prior to each meeting. The TEBU/OE3 President may add appropriate issues to the agenda by submitting the issues to the General Services Manager with at least one (1) week notice.

34. Maintenance of Operation

TEBU/OE3 agrees that for the term of this MOU neither TEBU/OE3 nor any person acting in its behalf will cause, authorize, engage in, sanction, nor will any of the members of the bargaining unit take part in a strike against the City, a work stoppage, slow -down, picketing or the concerted failure to report for duty, or unauthorized absence or abstinence from the full and faithful performance of their duties of employment, including the compliance with the request of other labor organizations or bargaining units to engage in such activities.

35. Conclusively

A. It is understood and agreed to that all documents including but not limited to written ordinances, resolutions, policies and procedures, employee rules and merit system rules and regulations which relate to wages, hours, and other terms and conditions of employment which are presently in effect are made part of this MOU by reference. Those items set forth specifically in this MOU may be altered, changed, added to, deleted from or modified only through the voluntary, mutual consent of TEBU/OE3 and the City in a written and signed amendment to this Agreement.

B. TEBU/OE3 and the City agree that during the negotiations which resulted in this MOU, each party had an unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of representation, therefore, during the term of this Agreement, neither the City of TEBU/OE3 shall be obligated to meet and confer on any matter:

1. Whether or not specifically referred to in this MOU;

2. Whether or not the matter was within the knowledge or contemplation of either party at the time of negotiations;

3. Whether or not the matters were proposed and later withdrawn during negotiations.

C. Except That: The City may change a written policy affecting wages, hours, and other terms and conditions of employment, which are incorporated by reference in this MOU. The City shall notify TEBU/OE3 in writing of its intention to do so. If TEBU/OE3 does not respond within ten (10) calendar days from the date of mailing of such notification, the City shall assume TEBU/OE3 does not wish to meet and 275
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26 consult on the change in policy. In an emergency, the City retains the right to take such action immediately. TEBU/OE3 will be offered the opportunity to meet and consult as soon as practicable.

36. Past Practices

Nothing contained in this MOU shall be interpreted as to imply or permit the invocation of past practice, or tradition, or accumulation vesting of any employee rights or privileges other than those expressly stated herein.

37. Designation of Confidential Employees

In order to implement the provisions of State law on the designation of confidential employees, the following rule shall be incorporated into the City’s Personnel Rules and Regulations:

A. In accordance with State law, the City Manager may designate as "confidential" those employees who are required to develop or present management positions with respect to employer -employee relations or whose duties normally require access to confidential information contributing significantly to the development of management positions. Such designation shall be at the discretion of the City Manager after consultation with the affected recognized employee organization, if any.

B. The City shall, on or before April 1 of each year, provide to TEBU/OE3 a written list of unit positions designated as confidential.

38. Release Time

Authorized TEBU/OE3 representatives shall receive reasonable release time for the purposes of collective bargaining, the processing of grievances, joint problem -solving meetings between the City and TEBU/OE3 and disciplinary representation. As soon as practicable prior to the release from duties, the designated representatives shall submit a written request for release time to their supervisor for approval. Such requests shall be filed sufficiently in advance to minimize the disruption of City services and will not be unreasonably denied.

39. Sole Agreement

A. The policies collected in this MOU constitute the entirety of the policies which are subject to the meet and confer obligation as agreed to by the parties. To the extent that any other agreement should be in conflict with these policies.

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27 B. If, during its term, the parties hereto should mutually agree to modify, amend or alter the provisions of the MOU in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representatives of the City and TEBU/OE3. Any such changes validly made shall become a part of this MOU and subject to its terms.

C. The waiver of any breach or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.

D. In the event that any of the policies contained in this MOU should be declared by a court of competent jurisdiction to be unenforceable or illegal, that policy or set of policies shall be declared void. However, this action shall in no way invalidate the remaining policies contained in this MOU. Should a policy within the MOU become void as outlined above, either the City or TEBU/OE3 may institute the meet and confer process in regard to instituting a substitute item.

40. Term of Memorandum of Understanding

A. This MOU shall remain in effect for the period of July 1, 2022 through June 30, 2025. The provisions of this MOU shall not, however, take effect until ratified by both the City Council of the City of Clovis and the general membership of TEBU/OE3.

B. The City and TEBU/OE3 acknowledges that all provisions of this agreement, together with those other matters within the scope of representation, are subject to renegotiating upon the expiration of this agreement to the extent provided by law.

C. TEBU/OE3 membership has ratified the contents of this MOU, by their affirmative vote, on or about June 17, 2022.

The City Council approved the provisions of this MOU on July 5, 2022

* * * * * * * * * * * *

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28 For the CITY: For TEBU:

______________________________ _________________________________ John Holt, City Manager Allen Dunbar, OE-3 Chief Labor Negotiator

______________________________ _________________________________ Shonna Halterman, Lead City Negotiator Christina Ignas, TEBU/OE3 Negotiator

______________________________ _________________________________ Lori Shively, City Negotiator Stacey Leggett, TEBU/OE3 Negotiator

_____________________________
Amy Hance, City Negotiator

ATTEST: _____________________ Date: _________________ Karey Cha, City Clerk

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29 Side Letter Agreement between the City of Clovis and TEBU

COVID Premium Pay

As an acknowledgement for employees who worked during the City of Clovis declared COVID-19 emergency order from March 16, 2020 through March 14, 2022, the City will provide COVID Premium Pay as follows:

A. For the time period from March 16, 2020 through March 15, 2021, Employees will receive up to $2,000, prorated to be equivalent to their actual regular hours worked, not including overtime. Regular hours is defined as hours calculated on the employee’s timesheet in payroll codes: 3001, 3003, 3005, and 3159.

B. For the time period from March 16, 2021 through March 14, 2022, Employees will receive up to $2,000, prorated to be equivalent to their actual regular hours worked, not including overtime. Regular hours is defined as hours calculated on the employee’s timesheet in payroll codes: 3001, 3003, 3005, and 3159.

The COVID Premium Pay, as d escribed A and B above, will be paid to only current employees, and payment will be made in one lump sum within 30 days following bargaining unit ratification and City Council approval of a new three-year MOU with a term of July 1, 2022 through June 30, 20 25. “Current employee” is defined as an active employee of the City of Clovis on the day this side letter is approved by City Council.

Employees may voluntarily choose to divert some or all of the COVID Premium Pay funds into their Deferred Compensation 457 plan with the following requirements:
 The employee’s 457 plan contributions must be below the annual cap (including both City and employee contributions).
 No later than one full pay period prior to the COVID Premium Pay cash out, the employee must complete a form in Personnel changing the amount of deferred comp contribution.
 No later than the date of the COVID Premium Pay cash out, the employee must complete another form in Personnel returning their deductions to their prior level for following pay periods.

Any funds paid directly to employees will be subject to standard payroll deductions.

For the City of Clovis: For TEBU:

_______________________________ _____________________________ Amy Hance, General Services Manager Allen Dunbar, OE-3 Chief Labor Negotiator

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30 _______________________________ _____________________________ Shonna Halterman, City Negotiator Christina Ignas, TEBU President

_______________________________ _____________________________ Lori Shively, Personnel/Risk Manager Stacey Leggett, TEBU Negotiator

Attest: _____________________ Date:______________
Karey Cha, City Clerk

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TO: Mayor and City Council
FROM: General Services
DATE: July 5, 2022
SUBJECT: General Services – Approval – Res. 22 -___, Authorizing COVID Premium Pay for Unrepresented Extra Help Employees.

ATTACHMENTS: 1. Res. 22-___

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve a resolution authorizing COVID Premium Pay unrepresented extra help employees.

EXECUTIVE SUMMARY
It is recommended that the City Council authorize COVID Premium Pay for unrepresented extra help employees who worked during the City’s declared emergency.

BACKGROUND
In recognition of the dedication of extra help, contract, and temporary employees who worked during the City’s COVID -19 declared e mergency, staff is requesting one-time COVID-19 premium pay for these unrepresented employees. The premium pay would be admini stered in a similar fashion to that of the bargaining units:

Extra help, temporary, and contract employees who worked during the time period of March 16, 2020, through March 15, 2021 will receive $1.00 per hour actually worked as calculated on the employee’s timesheet in payroll code 3005 (not including leaves such as sick, vacation, or COVID-19 leave) not to exceed $2,000.

Extra help, temporary, and contract employees who worked during the time period of March 16, 2021, through March 14, 2022 will receive $1.00 per hour actually worked as calculated on the employee’s timesheet in payroll code 3005 (not including leaves such as sick, vacation, or COVID-19 leave) not to exceed $2,000.

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The total COVID Premium Pay for extra help, temporary and contract employees shall not exceed $4,000.00

The COVID Premium Pay would be provided only to current employees as of the date of approval of the COVID Premium Pay resolution.

FISCAL IMPACT
The proposed COVID Premium Pay for all current extra help, temporary, and contract employees is a one-time cost of approximately $118,000.

REASON FOR RECOMMENDATION
Extra help, temporary, and contract employees were integral in providing service to the community and back filling for full -time employees during the City’s declared emergency. The proposed COVID-19 Premium Pay recognizes their contributions.

ACTIONS FOLLOWING APPROVAL
Staff will include the appropriate COVID Premium Pay on the employee ’s regular paycheck no later than August 1, 2022.

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager _AH__

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ATTACHMENT 1
RESOLUTION 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING COVID

PREMIUM PAY FOR EXTRA HELP, TEMPORARY, AND CONTRACT EMPLOYEES

WHEREAS, the City Council recognizes and appreciates the dedication of extra help, temporary, and contract employees who worked during the City’s COVID-19 emergency order; and

WHEREAS, the City’s emergency order was in effect from March 16, 2020 through March 14, 2022; and

WHEREAS, extra help, temporary, and contract employees who worked during the time period of March 16, 2020, through March 15, 2021, will receive $1.00 per hour actually worked as calculated on the employee’s timesheet in payroll code 3005 (not including leaves such as sick, vacation, or COVID-19 leave) not to exceed $2,000; and

WHEREAS, extra help, temporary, and contract employees who worked during the time period of March 16, 2021, through March 14, 2022, will receive $1.00 per hour actually worked as calculated on the employee’s timesheet in payroll code 3005 (not including leaves such as sick, vacation, or COVID-19 leave) not to exceed $2,000.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis hereby approves COVID Premium Pay for current extra help, temporary, and contract employees as specified above.

* * * * *
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on July 5, 2022, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 5, 2022

______________________________ ______________________________ Mayor City Clerk

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TO: Mayor and City Council
FROM: General Services
DATE: July 5, 2022
SUBJECT: General Services – Approval – Res. 22-___, Adopting Wage and Benefit Changes for City of Clovis Unrepresented Management Employees for FY2022-2023, FY 2023-2024, FY 2024-2025, and COVID Premium Pay for Unrepresented Management Employees.

ATTACHMENTS: 1. Res. 22-___

2. Management Benefit Summary

3. Executive Management Benefit Summary

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve a resolution authorizing adjustments in wages and benefits for City management employees during FY 2022 -2023, FY 2023 -2024, FY 2024 -2025, and authorizing COVID Premium Pay for unrepresented management employees.

EXECUTIVE SUMMARY
It is recommended that the City Council authorize specific changes to the wages and benefits provided to City management employees during FY2022-2023, FY2023-20240 an d FY2024- 2025. The recommended changes include wage increases of 5.0% FY 2022-2023, 3.0% in FY 2023-2024, 3 .0% in FY 2024 -2025, equity or compaction adjustments to seventeen classifications as indicated in Attachment 1. In addition to cost of living, equit y and compaction adjustments, it is recommended that Council authorize COVID Premium Pay for unrepresented management employees.

BACKGROUND
Staff recommends wage and benefit adjustments for City management employees in FY20 22- 2023, FY2023-2024, and FY20 24-2025. The proposed changes as stated in Attachment A, would result in City management employees receiving across -the-board wage adjustments of

5.0% in FY 2022-2023 and 3 .0% in each FY 2023 -2024 and FY 2024 -2025. Adjustments to seventeen classifications are recommended due to either below market wages, a parity adjustment, or compaction issues with subordinate classes as indicated in Attachment 1. 284
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Other changes to management and executive management changes included in the revised summaries include an increase in monthly vehicle allowance, changes to deferred comp match for PERS Classic Employees in sworn Police and Fire positions, and other minor adjustments.

In addition, staff recommends COVID Premium Pay be administered to unrepresented management employees in a similar fashion to that of the bargaining units.

FISCAL IMPACT
The proposed amendments to the management and executive management compensation and budget will result in approximate net increased salary costs of $1,700,000 over the next three (3) years, which will be budgeted during the term of the agreement.

REASON FOR RECOMMENDATION
The proposed amendments are within the financial parameters authorized by the City Council and will preserve the City’s ability to attract and retain qualified p ersonnel. Prior to implementation, the proposed changes must be authorized by City Council Resolution.

ACTIONS FOLLOWING APPROVAL
Staff will implement the proposed wage and benefit changes as described.

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager _AH__

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ATTACHMENT 1
RESOLUTION 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS ADOPTING WAGE

CHANGES FOR CITY OF CLOVIS MANAGEMENT EMPLOYEES
FOR FY 2022-2023, FY 2023-2024, FY 2024-2025

WHEREAS, the City Council authorizes a wage and benefit package for City management employees; and

WHEREAS, the City’s wage and benefit package is designed to attract and retain highly qualified management employees; and

WHEREAS, it is appropriate to establish City management wage and benefit packages for FY 2022-2023, FY 2023-2024, and FY 2024-2025; and

WHEREAS, a Summary of management employee wage and benefit changes , including one-time COVID Premium Pay, is attached as Attachment A.

NOW, THEREFORE, BE IT RESO LVED, that the City of Clovis hereby adopts specific wage and benefit changes for City management personnel for FY 2022-2023, FY 2023-2024, and FY 2024-2025.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on July 5, 2022, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 5, 2022

______________________________ ______________________________ Mayor City Clerk

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SUMMARY OF WAGE AND BENEFIT CHANGES FOR CITY MANAGEMENT EMPLOYEES FOR FY 2022-2023, FY 2023-2024, AND FY 2024-2025

1. Term
July 1, 2022, through June 30, 2025

2. Wages
The following wage increases will be implemented:

 July 1, 2022 5.0%
 July 1, 2023 3.0%
 July 1, 2024 3.0%

In addition to across -the-board increases listed above, the following management classifications were determined to either be below the labor market median, had compaction issues with subordinate classes, and/or a parity issue, and will receive the following additional increases:

ATTACHMENT A
Classification Equity Compaction
Business Development Manager 5.88%
City Clerk 10.00%
Deputy Fire Chief 0.69%
Fire Chief 7.00%
Police Captain 5.43%
Police Chief 2.54% 2.89%
Police Lieutenant 0.39% 0.78%
Police Services Manager 1.17%
Public Utilities Director 7.23%
Solid Waste Manager 6.89%
Utilities Manager 10.00%
Water Production Manager 2.66%
Information Technology Supervisor 4.80%
Deputy Director of IT 2.20%
Supervising Civil Engineer 9.92%
Executive Assistant 2.11%
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 City Engineer will be increased to be the same as Assistant Public Utilities Director classification.

3. Deferred Comp Match
In addition to the above increases, PERS Classic members in Police and Fire Command Staff positions listed below will receive an additional 3.0% wage increase but will no longer receive a 3.0% deferred compensation match.

 Fire Chief
 Deputy Fire Chief
 Fire Battalion Chief
 Police Chief
 Deputy Police Chief
 Police Captain
 Police Lieutenant

4. Vehicle Allowance
Vehicle allowance for management and executive management increases to $550.00 per month.

5. Police Uniform Allowance
Sworn police uniform allowance increased to $1,500.

6. Lateral Transfer Benefit
The lateral transfer benefit of an extra 80 hours sick and 80 hours management compensation time has been eliminated for sworn Fire management but remains for sworn Police management.

6. COVID Premium Pay
As an acknowledgement for management employees who worked during the City of Clovis declared COVID-19 emergency order from March 16, 2020, through March 14, 2022, the City will provide COVID Premium Pay as follows:

A. For the time period from March 16, 2020, through March 15, 2021, management employees will receive up to $2,000, prorated to be equivalent to their actual regular hours worked, not including overtime. Regular hours is defined as hours calculated on the employee’s timesheet in payroll codes: 3001, 3003, 3005, and 3159.

B. For the time period from March 16, 2021, through March 14, 2022, management employees will receive up to $2,000, prorated to be equivalent to their actual regular hours worked, not including overtime. Regular hours is defined as hours calculated on the employee’s timesheet in payroll codes: 3001, 3003, 3005, and 3159.

The COVID Premium Pay, as described A and B above, will be paid to only current employees, and payment will be made in one lump sum within 30 days following City Council approval of the 2022-2025 management salary adjustments. “Current employee” is defined as an active employee of the City of Clovis on the day the 2022-2025 management salary adjustments are approved by City Council.

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Attachment 2
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MANAGEMENT EMPLOYEES

BENEFITS SUMMARY

March 15July 5, 2022

The following is a summary of the benefits available to management employees of the City of Clovis.

For more information on any of the benefits listed below, contact the Personnel/Risk Management Division at (559) 324-2725.

1. PAID VACATION
Vacation is provided to allow employees paid time away from work to rest, recreate and return to work with renewed vigor and a fresh perspective. Increases in vacation accrual rates provide reinforcement for and recognition of length of service. Paid vacation time will accrue as follows per pay period/workdays per year/maximum accrual. However, sworn Police and Fire command staff that enter City employment with a minimum of five (5) or more years of prior sworn law enforcement or sworn fire service experience with a public agency will accrue vacation leave at the level commensurate with their years of public service for benefit accrual purposes.

Years of Service 40 hour week Employees 56 hour week Employees 0 to 7th anniversary 5 hrs./15 days/280 hrs. Max. 7 hrs./15 days/392 hrs. Max. 8th to 14th anniversary 6 hrs./18 days/328 hrs. Max. 8.4 hrs./18 days/459.2 hrs. Max. 15th to 19th anniversary 6.7hrs./20 days/360 hrs. Max. 9.3 hrs./20 days/504 hrs. Max. 20th anniversary plus 8 hrs./24 days/424 hrs. Max. 11.2 hrs./24 days/593.6 hrs. Max.

2. PAID SICK LEAVE and SICK LEAVE INCENTIVE
a. In order to ensure that employees have the opportunity to tend to their health issues and provide incentive for judicious use of sick leave benefit, the City provides sick leave and a sick leave incentive program.

b. The sick leave incentive benefit compensates employees up to 50% of a calendar year’s unused accrual based on usage after an accumulation of 20 days of sick leave. The incentive is paid automatically on the first paycheck following November 16 of each year.

Annual Sick Leave Incentive - 40 Hour Week Employees
Hours Used During Preceding 12
Month Period
Number of Cash-out
Hours Available
Percent of
Cash-Out
-0- 96 50%
.1 to 8 88 45%
8 to 16 80 40%
16 to 24 72 35%
24 to 32 64 30%
32 to 40 56 25%
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Annual Sick Leave Incentive 56 Hour Week Employees
Hours Used During Preceding 12
Month Period
Number of Cash-out
Hours Available
Percent of
Cash-Out
-0- 134.4 50%
.1 to 11.2 123.2 45%

11.2 to 22.4 112 40%

22.4 to 33.6 100.8 35%

33.6 to 44.8 89.6 30%

44.8 to 56 78.4 25%

c. Managers who retire from the City with a normal retirement have the choice to cash-out up to 25% of their sick leave balance on their date of retirement. The cash -out may be applied to the deferred compensation plan, orplan or may be received in cash. The balance of unused sick leave hours after the cash -out will be certified to PERS for the benefit known as “Credit for Unused Sick Leave.”

d. One-half (½) the annual accrual of sick leave per calendar year may be used to attend to an illness of a child , parent, spouse, registered domestic partner , sibling, parent -in-law, a grandparent, or a grandchild. (Labor Code 233(a)). Leave taken under Labor Code 233(a) will count toward the satisfaction of leave rights under AB1522.

e. Up to 24 hours or three (3) days of sick leave may be used by an employee who is a victim of domestic violence, sexual assault, or stalking for the purposes of:
 Seeking medical attention for injuries cause by domestic violence or sexual assault.  To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence or sexual assault.
 To obtain psychological counseling related to an experience of domestic violence or sexual assault.
 To participate in safety pla nning and take other actions to increase safety from future domestic violence or sexual assault, including temporary or permanent relocation.

3. PAID HOLIDAYS
a. The City recognizes 10 scheduled paid holidays and one (1) paid floating holiday to be used at the mutual agreement of the employee and their supervisor. A four (4) hour floating holiday for all managers is available to be used on either the workday before Christmas Day or the workday before New Year’s Day, subject to the needs of the City.

b. On July 1st of each year, the Deputy Police Chief and Police Captains and Lieutenants shall be provided with 100 hours of holiday time in lieu of paid leave time off for holidays observed by the City. Up to 100 hours may be cashed-out each year at the employee’s option. 56/40 hour week Battalion Chiefs are provided with 200/142.86 hours of holiday time and are allowed to cash out up to 200/142.86 hours each year. The Deputy Fire Chief is provided with 142.86 hours each year and may cash out up to 142.86 hou rs of holiday time each year . On July 1 of each year, the safety managers will notify finance of the number of holiday hours they intend to cash out or use so that it may be reported to PERS as earned in accordance with PERS requirements. 290
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Holiday hours must be used or cashed within the fiscal year unless an extension for use has been approved by the City Manager.

c. If an employee leaves employment with the City prior to June 30, an amount equal to the pro- rata holiday time that has been unearned will be deducted from the final paycheck.

4. MANAGEMENT LEAVE
a. In recognition of the effort and contributions required of Management employees beyond the “normal” workday, the City provides additional leave time. Management employees receive 56 hours of management leave per fiscal year (posted on the first check after July 5th). Up to 56 hours of unused management leave is automatically cashed out on the first check after June 17th of each year. By request, up to 40 hours of unused management leave may be carried over until December 31st. Management leave cannot accumulate to an amount greater than 56 hours, except for hours carried over. After December 31st, balances exceeding the 56 hours will be reduced to the normal maximum of 56 hours.

b. Fifty-six (56) hour per week Fire Management employees will receive 78.4 hours of management leave. By request, they may carry over fifty-six (56) hours of unused management leave until December 31 st. For these employees Management Leave cannot accumulate to an amount greater than 78.4 hours, except for hours carried over. After December 31 st, balances exceeding the 78.4 hours will be reduced to the normal maximum of 78.4 hours.

5. MANAGEMENT INCENTIVE PAY
In recognition of the unique nature of the efforts and contributions required of Management employees, the City also provides Management Incentive Pay equal to one (1) hou r of base rate pay each pay period that a Manager is in paid status. In addition to the one (1) hour of incentive pay, forty hour per week Battalion Chiefs will also receive 5% of base salary as additional management incentive pay.

6 LATERAL TRANSFER BENEFIT FOR SWORN POLICE COMMAND STAFF In order to provide equity with lateral hires of sworn police officers and firefighters and to enhance the ability of the City of Clovis to recruit the highest quality candidates for sworn Police and Fire command staff, the City will provide the following benefits:
 OnUpon hire to a sworn Police command staff position, a lateral hire with a minimum of five (5) or more years sworn law enforcement experience or sworn fire service experience with a public agency will receive 40 hours of management compensation time with no cash value and 40 hours of sick leave.
 Upon successful completion of probation, the lateral hire in a sworn Police command staff position will receive an additional 40 hours of management comp ensation time with no cash value and 40 hours of sick leave.

7. FAMILY ILLNESS & BEREAVEMENT LEAVE
The City provides paid leave of up to 24 hours per calendar year to provide required personal care for immediate family members. The City also provides 40 hours of paid bereavement leave per calendar year for employees who experience the death of a family member to allow the 291
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employee to attend to various matters related to the passing of the family member. For the purposes of this Section, ‘immediate fami ly” shall include husband, wife, registered domestic partner, mother/step, father/step, brother/step, sister/step, child/step, grandparent, grandchildren, mothers/fathers in-law, brothers/sisters in -law, sons/daughters in law or legal dependent of the employee.

8. VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING As a victim of domestic violence, an employee has certain rights afforded by AB 2337. Those rights include the right to take time off for certain reasons related to the situation, a righ t to reasonable accommodation for the employee’s safety, and the right to be free from retaliation and discrimination. An employee who is a victim of domestic violence, sexual assault, or stalking should contact the Personnel office for more information.

9. MILITARY LEAVE
The City supports employees who serve in the military. Military Leave requests shall be administered in accordance with the provisions of applicable federal and state law. Employees on active duty Military Orders for 30 or less days in a fiscal year will receive paid Military Leave for that period of service. Copies of the orders must be provided to the department. Employees on active duty over (30) calendar days in one fiscal year shall be paid the difference between the amount of their military pay and their regular pay with the City of Clovis starting on the 31st day of their leave. Employees that are on active military leave may be able to reinstate PERS credit for time missed while on an acti ve leave. For more information, please contact the Personnel/Risk Management Division.

10. MEDICAL, DENTAL, PHARMACY, OPTICAL, and GROUP LIFE INSURANCE a. In order to provide employees with an opportunity to maintain the health and wellness of themselves and their dependents, the City provides health insurance that includes medical, prescription, dental, and vision coverage. In addition, the City provides life insurance coverage.

To receive the $420.00 insurance rebate the employee must annually provide evidence of being covered on another group health plan. Employees who have exhausted their FMLA/CFRA rights and are on an unpaid leave of absence approved by the City Manager are eligible to continue their health insurance coverage for a period of up to 6 (six) months. After that, if eligible, employees will have to enroll in COBRA to continue health insurance coverage.

c. City paid life insurance coverage is $200,000 for the employee and $10,000 for dependents.

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approved group health plan, and who retire in accordance with PERS age an d service requirements are allowed to continue in a City sponsored Medical and Prescription plan at their expense. Details of the retiree health insurance program are provided to retirees active in the program each year before open enrollment.

b. Retiring Managers who do not meet the eligibility guidelines for the Retiree Health Insurance program will be eligible to continue the City Health Insurance at their own expense by exercising their COBRA rights.

12. SUPPLEMENTAL LIFE INSURANCE
Employees have t he option to purchase supplemental life insurance in addition to the life insurance coverage provided by the City in item 10 above. Supplemental Group Life Insurance is available at the employee's expense by payroll deduction. There is a 30 day guarantee d purchase provision from date of hire. After 30 days from the date of hire, the insurance company has discretion, through the underwriting process, over policy issuance and amount of issuance.

The guaranteed issue amounts are: $100,000 for the employee, $25,000 for the spouse and $2,000 for children. The maximum additional insurance amount is $500,000 for employees, $250,000 for spouses and $2,000 for children.

13. BUSINESS TRAVEL INSURANCE
A $500,000 death benefit for Management employees who die whil e traveling on City business is provided by the City. Benefits are also paid for bodily dismemberment.

14. SHORT TERM/LONG TERM DISABILITY INSURANCE
a. In order to provide income replacement due to a non -work related event, the City provides Short and Long Term Disability Insurance. Short Term Disability Insurance provides a benefit equal to 66.67% of base salary up to $7,000 per month for up to 24 weeks after 14 days of disability. This benefit is paid for by each employee through payroll deduction.

b. If an employee continues to be disabled the Long Term Policy begins after 24 weeks. Long Term Disability provides a benefit equal to 66.67% of base salary up to $7,000 per month for up to two years after 180 days of disability. If an employee is permanently disabled from all occupations, a lifetime monthly benefit (to age 65) is paid to the employee. This benefit is paid for by each employee through payroll deduction.

15. EMPLOYEE ASSISTANCE PROGRAM
The Insight program is available to full-time City employees and household members to provide guidance, to promote wellness, and to help resolve personal issues that may be interfering with work or home life. Each employee or household member is entitled to three (3) free visits every six (6) months. (Sworn safety managers are eligible for an additional (3) free visits every six (6) month period.) Insight can be reached 24 hours a day at (559) 226-7437.

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retirement, compensation, and length of service in the system. The contract provisions also include a 2% cost of living adjustment, the Level 4 1959 Survivor Benefit, and sick leave service credit conversion for all Managers.

b. Employees hired before January 1, 2013 are classified by PERS as “Classic Employees” for retirement purposes. The following retirement formul as apply to PERS Classic Employees:

Misc. 2.7% at 55 formulas with 8% Employee paid contribution on a pre-tax basis.

Safety 3% at 50 formula with 9% Employee paid contribution on a pre-tax basis.

The PERS retirement benefit for Classic Employees will be based on the Employee’s highest 12 consecutive months of compensation.

c. Employees hired after January 1, 2013 are classified as “New Employees” by PERS for retirement purposes. The following retirement formulas apply to PERS New Employees:

Misc. 2.0% at 62 formulas with 6.75% Employee paid contribution on a pre-tax basis.

Safety 2.7% at 57 formula with 12.50% Employee paid contribution on a pre-tax basis.

The PERS retirement benefit for New Employees is based on the Employee’s highest 36 consecutive months of compensation.

The employee contribution rate for new members may be subject to change.

For example, the employee contributions may increase or decrease based on PERS funding requirements.

d. Additional Employee Cost-Sharing of PERS Contributions All employees participate in PERS retirement benefit cost -sharing in the form of additional percentages of employee compensation paid toward the City’s PERS retirement costs as follows:

Miscellaneous Employees: 8.4%
Safety Employees: 8.0%

17. PRE-RETIREMENT DEATH BENEFITS
a. The retirement contract with PERS includes a pre-retirement death benefit. If an employee is not eligible to retire (i.e., has not attained age 50 and at least five ( 5) years of PERS service credit) the employee’s beneficiary will receive the Basic Death Benefit which is a refund of the employee’s contributions plus interest and up to six (6) months’ pay. In addition, the beneficiary will receive the 1959 Survivor Benefit which provides a monthly all owance of up to $2,280 for three (3) or more eligible survivors.

b. Beneficiaries of employees who are eligible to retire may elect to receive the same benefit as noted above or the 1957 Survivor Benefit which provides a monthly allowance equal to one half of what the highest service retirement allowance would have been had the employee retired 294
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on the date of their death. In lieu of either of these benefits, an eligible survivor may receive the Pre-Retirement Option 2W Death Benefit. It provides a monthly benefit to the eligible survivor equal to the amount the employee would have received had the employee retired on the date of their death and elected Option 2W.

c. When the death of a safety employee who is not eligible to retire is determined to be job related the beneficiaries may receive the Special Death Benefit which provides a monthly allowance equal to one half of final compensation. If the cause of death is some external violence or physical force while on the job, and there are eligible chil dren in addition to a spouse or registered domestic partner, the allowance may be increased to 75 percent. The beneficiary may elect to receive the Basic Death Benefit and the 1959 Survivor Benefit in place of the Special Death Benefit.

d. When the death of a safety employee who is eligible to retire is determined to be job related the beneficiaries may receive the Special Death Benefit which provides a monthly allowance equal to one half of final compensation. If the cause of death is some external v iolence or physical force while on the job, and there are eligible children in addition to a spouse or registered domestic partner, the allowance may be increased to 100 percent. The beneficiary may elect to receive the Basic Death Benefit and the 1959 Su rvivor Benefit in place of the Special Death Benefit.

18. DEFERRED COMPENSATION
An IRC Section 457 deferred compensation plan is available to all Management employees as a supplemental retirement plan. , with the City matching the employee's contribution on a dollar for dollar basis up to 3% of the employee’s base pay. The City will match the employee's contribution on a dollar for dollar basis up to 3% of the employee’s base pay for all employees , except PERS “Classic Employees” in (Aa) below:

a) Effective July 1, 2022, PERS “Classic Employees” in the positions listed had an additional 3% added to the salary matrix in lieu of the deferred compensation match.

1. Deputy Fire Chief

2. Fire Battalion Chief

3. Deputy Police Chief

4. Police Captain

5. Police Lieutenant
b) PERS “New Employees” in the positions listed in ( a) are still eligible for the deferred compensation match up to 3% of the employee's base pay.

19. VEHICLE ALLOWANCE
Designated management positions receive a $455550 per month vehicle allowance in lieu of an assigned City vehicle for business and personal use pursuant to IRS regulations. Miles driven in excess of 50 miles round trip will be paid at the current IRS set mileage rate. To receive a vehicle allowance, th e employee must maintain a valid California Driver’s license, maintain current registration and qualifying insurance (minimum limit of $300,000 combined single limit personal liability) on the vehicle, and provide proof of that insurance to the City by December 16 of each 295
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year. Failure to provide proof of insurance will result in the vehicle allowance being suspended until the proof is provided. For more information, see the City’s Business Travel Policy.

20. CELLULAR TELEPHONE PROGRAM
Designated management employees will receive a $50 per month cellular phone allowance for business and personal use pursuant to IRS regulations.

21. COMPUTER LOAN PROGRAM
The computer loan program is intended to encourage computer ownership in order to improve computer skills and organizational efficiency. The City will loan up to $3,000 for a period of 24 months, interest free, for Management employees to purchase a computer, software, and related devices for professional development and personal use.

22. PROFESSIONAL DEVELOPMENT
The City shall reimburse employees in the Unit for the cost of tuition, required fees (such as a health fee), required textbooks or e-books, for job-related courses leading to a college degree. To be eligible for reimbursement, the course must be related to job duties or related to a position to which an employee might reasonably aspire.

The maximum reimbursement rate will be calculated September 1 of each year as the total of eight (8) semesters full -time undergraduate tuition, including required fees, a t California State University Fresno. A total of $2,000 for required textbooks or e-books will be added to the tuition fees noted above for a grand total maximum reimbursement. Expenses for courses which began prior to July 1, 2019 will not be included in the maximum lifetime allocation.

Reimbursement under this Section shall be made under the following conditions:

A. Employees must have completed their initial probationary period with the City.

C. Course work must be for an accredited college or university degree program, andprogram and have the prior approval of the Department Head. Accreditation shall be through the U.S. Department of Education unless otherwise approved by the Department Head.

D. An employee will be eligible for reimbursement of approved expenses for either an Associates, Bachelor’s or Master’s degree. Fees for any combination of these degrees may be reimbursed as long as they do not exceed the employee’s maximum allocation for the Educational Incentive Program.

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E. Course work must be work -related and determined by the Department Head to be of benefit to the City. Required course work as part of an approved undergraduate or master’s degree program is eligible for reimbursement.

F. Reimbursement of approved course work and related expenses shall be contingent upon the attainment of a letter grade of “C” or better, or “Pass” in a course with Pass/Fail grading. Reimbursement shall be made after the employee submits expense receipts and proof of letter grade.

G. Fees not required for enrollment such as parking, graduation related expenses, or travel will not be reimbursed.

H. All courses for which reimbursement is sought shall be taken while off duty and not in paid status.

23. SOCIAL SECURITY/MEDICARE
The City of Clovis does not participate in Social Security, except as required for Medicare for employees hired after April 30, 1986.

24. STAND-BY COMPENSATION
Stand-by compensation shall be provided for managers in the Information Technology Division who par ticipate in the regularly scheduled rotation of 24 -hour/7-day coverage for computer services. Compensation for the 24/7 period shall be equivalent to 30% of the weekly base salary.

Actual callbacks shall be paid at the straight time rate for actual hours worked.

25. PUBLIC SAFETY FITNESS INCENTIVE
In the interest of public safety, the City encourages its public safety managers to maintain a high state of health, wellness, and fitness. To that end, employees in police management classifications who parti cipate in physical fitness testing and attain the necessary benchmarks will receive the same incentive provided to represented employees in the respective departments. (Note: Fire Management Fitness Incentive was added into step one of the salary schedule for Deputy Chief and Battalion Chiefs on July 1, 2019.)

26. PUBLIC SAFETY MANAGERS EXTRA SHIFT COVERAGE
Subject to approval by the City Manager, the Deputy Police Chief, P olice Captains and Police Lieutenants, Communications Supervisor, Supervisor of Anim al Services, and Public Safety Management Analysts who are required to back fill for a subordinate’s shift or fill a shift for another safety manager in the same position due to staffing will be provided with additional compensation provided that the extra shift requires working hours beyond those hours regularly scheduled for the work week. The additional compensation will be paid at the straight time rate of pay of the manager filling the shift, unless the manager is filling the shift for a subordinate.

When filling a shift for a subordinate, the rate of compensation will be the straight time rate for step 5 of the classification being filled for the duration of the extra shift coverage assignment. If the assignment includes a 56 hour week assignment, the public safety manager will be paid at the 56 hour rate of pay.
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Subject to approval, the Deputy Fire Chief and Battalion Chiefs who are required to backfill for a subordinate’s shift or fill a shift for another safety manager in the same position due to staffing will be provided with an additional stipend provided that the extra shift requires working beyond those hours regularly scheduled for the work week. The stipend shall be $650.00 for the first eight-hours of additional shift coverage and $325.00 for each additional four -hours of shift coverage. Any shift coverage of fewer than eight hours will be compensated at Step 5 of the 56- hour battalion chief straight time rate.

Fire Safety Managers assigned to emergency incidents, such as Out of County, Assistance by Hire (ABH), Master Mutual/Auto Aid, and California Firefighting Assistance Agreement (CFAA) responses and working beyond their normal scheduled duty hours will be eligible for time and a half their regular rate. This includes portal to portal for all hours worked/assigned.

Fire Safety Managers working backfill for employees assigned to these types of incidents will receive time and half for all hours of coverage as needed by the department.

27. PUBLIC SAFETY EXTRAORDINARY INCIDENT STIPEND
Each fiscal year, upon recommendation of the Police Chief, the City Manager will have discretion to authorize up to an additional 40 hours of paid compensation to Police Department Command Staff and the Public Affairs and Information Manager who have worked extraordinary law enforcement events or have participated in extraordinary instances or circumstances which required significant additional time in excess of their regular work schedule.

Each fiscal year, upon recommendation of the Fire Chief, the City Manager will have the discretion to authorize up to an additional 40 hours of paid compensation to the Deputy Fire Chief, and Special Projects and Life Safety Manager who have worked extraordinary events or have participated in extraordinary instances or c ircumstances which required significant additional time in excess of their regular work schedule.

28. UNIFORMS
Uniform allowance is provided to management employees as follows:

Sworn Fire Management: $1,500.00 per fiscal year, paid each pay period.

Sworn Police Management: $1,2500.00 per fiscal year, paid annually in January.

Utility Managers: Purchased by City.

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EXECUTIVE MANAGEMENT

EMPLOYEES BENEFITS SUMMARY

March 15July 5, 2022

The following is a summary of the benefits available to Executive Management employees of the City of Clovis. For more information on any of the benefits listed below, contact the Personnel/Risk Management Division at (559) 324-2725.

Executive Management classifications include the City M anager, Assistant City Manager , Community and Economic Development Director, Planning and Development Services Director, Finance Director, Fire Chief, General Services Director, Police Chief, and Public Utilities Director.

1. PAID VACATION
Vacation is provided to allow employees paid time away from work to rest, recreate, and return to work with renewed vigor and fresh perspectives. Increases in vacation accrual rates provide reinforcement for and recognition of length of service. Paid vacation time will accrue a s follows per pay per iod/workdays per year/maximum accrual. However, Executive Managers that enter City employment with prior public agency experience will accrue vacation leave at the level commensurate with their years of public service for benefit accrual purposes.

2. PAID SICK LEAVE and SICK LEAVE INCENTIVE
a. In order to ensure that employees have the opportunity to t end to health issues and to provide incentive for judicious use of the sick leave benefit, the City provides paid sick leave and a sick leave incentive program.

b. The sick leave incentive benefit compensates employees up to 50% of a calendar year’s unused accrual based on usage after an accumulation of 20 days of sick leave . The incentive is paid automatically on the first paycheck following November 16 of each year.

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Annual Sick Leave Incentive - 40 Hour Week Employees
Hours Used During Preceding 12
Month Period
Number of Cash-Out
Hours Available
Percent of
Cash-Out
-0- 96 50%
.1 to 8 88 45%
8 to 16 80 40%
16 to 24 72 35%
24 to 32 64 30%
32 to 40 56 25%

c. Executive Managers have the choice to receive up to 50% cash-out of total accrued sick leave at the time of retirement, or a 25% cash-out at the time of separation of employment in good standing for reasons other than a “normal” retirement. The cash-out may be applied to the deferred compensation plan, or may be received in cash. The balance of unused sick leave hours after the cash -out will be certified to PERS for the benefit known as “Credit for Unused Sick Leave.”

d. One-half (½) of the annual accrual of sick leave per calendar year may be used to attend to the health issues of a child, parent, spouse, registered domestic partner, sibling, parent- in-law, grandparent, or grandchild. (Labor Code 233(a)). Leave taken under Labor Code 233(a) will count toward the satisfaction of leave rights under AB1522.

e. Up to 24 hours or three (3) days of sick leave may be used by an employee who is a victim of domestic violence, sexual assault, or stalking for the purposes of:
 Seeking medical attention for injuries cause by domestic violence or sexual assault.
 To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence or sexual assault.  To obtain psychological counseling related to an experience of domestic violence or sexual assault.
 To participate in safety planning and take other actions to increase safety from future domestic violence or sexual assault, including temporary or permanent relocation.

3. PAID HOLIDAYS
a. The City recognizes 10 scheduled paid holidays, and one (1) paid floating holiday to be used at the mutual agreement of the employee and their supervisor. A four (4) hour floating holiday for all managers is available to be used on either the workday before Christmas Day or the workday before New Year’s Day, subject to the needs of the City.

b. On July 1st of each year, the Police Chief shall receive 100 hours in the Holiday Hour Bank in lieu of paid leave time-off for holidays observed by the City. Up to 100 hours may be cashed-out each year at the Police Chief’s option. On July 1st of each year, the Fire Chief shall receive 142.86 hours in the Holiday Hour Bank in lieu of paid leave time -off for holidays observed by the City. Up to 142.86 hours may be cashed-out each year at the Fire Chief’s option. On July 1 of each year, the Fire Chief and Police Chief will notify finance of the number of holiday hours they intend to cash out or use so that it may be reported to PERS as earned in accordance with PERS requirements. Holiday hours must be used or 300
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cashed within the fiscal year unless an extension for use has been approved by the City Manager.

c. If the Fire / Police Chief leaves City employment prior to June 30th, an amount equal to the pro-rata holiday time that has been unearned during the fiscal year will be deducted from their final paycheck.

4. MANAGEMENT LEAVE
In recognition of the effort and contributions required of Executive Management employees beyond the “normal ” workday, the City provides additional leave time.

Executive Management employees receive 96 hours of management leave per fiscal year (posted on the first check after July 5th). Up to 56 hours of unused management leave is automatically cashed out on the first check after June 17th of each year. Forty (40) hours of management leave has no cash-out value. On June 30th of each year, up to a maximum of 40 hours of unused management leave will automatically be carried over until December 31st. Management leave cannot accumulate to an amount greater than 96 hours, except for hours carried over. After December 31st, balances exceeding the 96 hours will be reduced to the normal maximum of 96 hours.

5. MANAGEMENT INCENTIVE PAY
In recognition of the unique nature of the effort and contributions required of Management employees, the City also provides Management Incentive Pay equal to one (1) hour of base rate pay each pay period that a Manager is in paid status.

6. LATERAL TRANSFER BENEFIT FOR POLICE AND FIRE CHIEF
In order to provide equity with other s worn command staff and to enhance the ability of the City of Clovis to recruit the highest quality candidates for the sworn positions of Police Chief and Fire Chiefs’ the City will provide the following benefits:
 OnUpon hire, a lateral hire for Police Chief or Fire Chief will receive 40 hours of management compensation time with no cash value and 40 hours of sick leave.
 Upon successful completion of probation, the lateral hire Police Chief or Fire Chief will receive an a dditional 40 hours of management compensation time with no cash value and 40 hours of sick leave.

7. FAMILY ILLNESS & BEREAVEMENT LEAVE
The City provides paid leave of up to 24 hours per c alendar year for the purpose of providing personal care for immedi ate family members. The City also provides 40 hours of paid bereavement leave per calendar year for employees who experience the death of a family member to allow the employee to attend to various matters related to the passing of the family member. For the purposes of this Section, ‘immediate family ” shall include husband, wife, registered domestic partner, mother/step, father/step, brother/step, sister/step, child/step, grandparent, grandchildren, mothers/fathers in-law, brothers/sisters in-law, sons/daughters in law or legal dependent of the employee.

8. VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING 301
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As a victim of domestic violence, an employee has certain rights afforded by AB 2337.

Those rights include the right to take time off for certain reasons related to the situation, a right to reasonable accommodation for the employee’s safety, and the right to be free from retaliation and discrimination. An employee who is a victim of domestic violence, sexual assault, or stalking should contact the Personnel office for more information.

9. MILITARY LEAVE
The City supports employees who serve in the milit ary. Military Leave requests shall be administered in accordance with the provisions of applicable federal and state law.

Employees on active duty Military Orders for 30 or less days in a fiscal year will receive paid Military Leave for that period of service. Copies of the orders must be provided to the department. Employees on active duty over 30 calendar days in one fiscal year shall be paid the difference between the amount of their military pay and their regular pay with the City of Clovis starting on the 31st day of their leave. Employees that are on active military leave may be able to reinstate PERS credit for time missed while on an active leave. For more information, please contact the Personnel/Risk Management Division.

10. MEDICAL, DENTAL, PHARMACY, OPTICAL, and GROUP LIFE INSURANCE a. In order to provide employees with an opportunity to maintain the health and wellness of themselves and their dependents, the City provides health insurance that includes medical, prescription, dental, and vision coverage s. In addition , the City provides life insurance coverage.

b. The City provides a variety of medical plan choices to employees. Each year before the open enrollment period in October/November, the City will provide the details of those options to employees. Employees may also elect dental, vision and life coverage only at a reduced rate or waive health benefits entirely. Employees who waive all health coverage (medical, dental, prescription, and vision coverage) are eligible for a $420.00 health insurance rebate each month . To receive the $ 420.00 health rebate the employee must annually provide evidence of being covered on a nother group health plan. Employees who have exhausted their FMLA/CFRA rights and are on an unpaid leave of absence approved by the City Manager are eligible to continue their health insurance coverage for a period of up to 6 (six) months. After that, if eligible, employees will have to enroll in COBRA to continue health insurance coverage.

c. City-paid life insurance coverage for Executive Managers is $300,000 for the employee and $10,000 for dependents.

11. RETIREE HEALTH INSURANCE
a. Employees with a minimum of five (5) years of service as a regular full time employee immediately preceding separation, and who are currently enrolled in a City health plan or other approved group health plan, and who retire in accordance with PERS age and service requirements are allowed to continue in a City sponsored Medical and Prescription plan at their expense. Details of the retiree health insurance program are provided to retirees active in the program each year before open enrollment.

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12. SUPPLEMENTAL LIFE INSURANCE
Employees have the option to purchase supplemental life insurance in addition to the life insurance coverage provided by the City in Item 10 above. Supplemental Group Lif e Insurance is available at the emplo yee's expense by payroll deduction. There is a 30 day guaranteed purchase provision from date of hire. After 30 days from the date of hire, the insurance company, through the underwriting process, has discretion over policy issuance and amount of issuanc e. The guaranteed issue amounts are: $ 100,000 for the employee, $25,000 for the spouse and $2,000 for children. The maximum additional insurance amount is $500,000 for employees, $250,000 for spouses and $2,000 for children.

13. BUSINESS TRAVEL INSURANCE
A $500,000 death benefit for Executive Management employees who die while traveling on City business is provided by the City. Benefits are also paid for bodily dismemberment.

b. If an employee continues to be disabled , the Long Term Policy begins after 24 weeks.

Long Term Disability provides a benefit equal to 66.67% of base salary up to $7,000 per month for up to two years after 180 days of disability. If an employee is permanently disabled from all occupations , a lifetime monthly benefit (to age 65) is paid to the employee. This benefit is paid for by each employee through payroll deduction.

15. EMPLOYEE ASSISTANCE PROGRAM
The Insight program is available to full-time City employees and household members to provide guidance to promote wellness and to help resolve personal issues that may be interfering with work or home life . Each employee or house hold member is entitled to three (3) free visits ev ery six (6) months. (Each sworn safety employee is entitled to an additional (3) free visits every (6) month period.) Insight can be reached 24 hours a day at (559) 226-7437.

16. RETIREMENT
a. The City has contracted with the California Public Employees Retirement System (PERS) for employee retirement benefits. The benefits provided are based on the benefit formula, age at retirement, compensation, and length of service in the system. The contract provisions also include a 2% cost of living adjustment, the Level 4 1959 Survivor Benefit, and sick leave service credit conversion for all Managers.

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b. Employees hired before January 1, 2013, are classified by PERS as “Classic Employees” for retir ement purposes. The following retirement formulas apply to PERS Classic Employees:

Misc. 2.7% at 55 formulas with 8% Employee paid contribution on a pre-tax basis.

Safety 3% at 50 formula with 9% Employee paid contribution on a pre-tax basis.

The PERS retirement benefit for Classic Employees will be based on the employee’s highest 12 consecutive months of compensation.

c. Employees hired after January 1, 2013, are classified as “New Employees” by PERS for retirement purposes. The following retirement formulas apply to PERS New Employees:

Misc. 2.0% at 62 formulas with 6.75% Employee paid contribution on a pre-tax basis.

Safety 2.7% at 57 formula with 12.50% Employee paid contribution on a pre-tax basis.

The PERS retirement benefit for New Employees is based on the employee’s highest 36 consecutive months of compensation.

The employee contribution rate for PERS New Employees may b e subject to change. For example the employee contribution s may increase or decrease based on PERS funding requirements.

d. Additional Employee Cost-Sharing of PERS Contributions:

All employees participate in PERS retirement benefit cost -sharing in the form of additional percentages of employee compensation paid toward the City’s PERS retirement costs as follows:

Miscellaneous Employees: 8.4% cost sharing
Safety Employees: 8.0% cost sharing

17. PRE-RETIREMENT DEATH BENEFITS
a. The City’s retirement contract with PERS includes a pre-retirement death benefit. If an employee is not eligible to retire (i.e., has not attained age 50 and at least five (5) years of PERS service credit) the employee’s beneficiary will receive the Basic Death Benefit which is a refund of the employee’s contributions plus interest and up to six (6) month’s pay. In addition, the beneficiary will receive the 1959 Survivor Benefit which provides a monthly allowance of up to $2,280 for three (3) or more eligible survivors.

b. Beneficiaries of employees who are eligible to retire , may elect to receive the same benefit as noted above or the 1957 Survivor Benefit which provides a monthly allowance equal to one half of what the highest service retirement allowance would have been had the employee retired on the date of their death. In lieu of either of these benefits, an eligible survivor may receive the Pre-Retirement Option 2W Death Benefit. It provides a monthly 304
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benefit to the eligible survivor equal to the amount the employee would have received had the employee retired on the date of their death and elected Option 2W.

c. When the death of a safety employee who is not eligible to retire is determined to be job related the beneficiaries may receive the Special Death Benefit which provides a monthly allowance equal to one half of final compensation. If the cause of death is some external violence or physical force while on the job, and there are eligible children in addition to a spouse or registered domestic partner, the allowance may be increased to 7 5 percent. The beneficiary may elect to receive the Basic Death Benefit and the 1959 Survivor Benefit in place of the Special Death Benefit.

d. When the death of a safety employee who is eligible to retire is determined to be job related the beneficiaries may receive the Special Death Benefit which provides a monthly allowance equal to one half o f final compensation. If the cause of death is some external violence or physical force while on the job, and there are eligible children in addition to a spouse or registered domestic partner, the allowance may be increased to 100 percent. The beneficiary may elect to receive the Basic Death Benefit and the 1959 Survivor Benefit in place of the Special Death Benefit.

18. DEFERRED COMPENSATION
An IRC Section 457 deferred compensation plan is available to all Management employees as a supplemental retirement plan., with the City matching the employee's contribution on a dollar for dollar basis up to 3% of the employee’s base pay. The City will match the employee's contribution on a dollar for dollar basis up to 3% of the employee’s base pay for all employees except PERS “Classic Employees” in (a) below:

a) Effective July 1, 2022, PERS “Classic Employees” in positions listed had an additional 3% added to the salary matrix in lieu of the deferred compensation match.

1. Fire Chief

2. Police Chief
b) PERS “New Employees” in the positions listed in ( a) are still eligible for the deferred compensation match up to 3% of the employee's base pay.

19. VEHICLE ALLOWANCE
Executive Managers receive a $500550 per month vehicle allowance, unless modified by an employment agreement, in lieu of an assigned City vehicle for business and personal use pursuant to IRS regulations. Miles driven in excess of 50 miles round-trip will be paid at the current IRS set mileage rate. To receive a vehicle allowance, the employee must maintain a valid California Driver’s license, maintain current registration and qualifying insurance (minimum limit of $300,000 combin ed single limit personal liability) on the vehicle, and provide proof of that insurance to the City by December 16 of each year.

Failure to provide proof of insurance will result in the vehicle allowance being suspended until the proof is provided. For more information, see the City’s Business Travel Policy.

20. CELLULAR TELEPHONE PROGRAM
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Executive Management employees will receive a $50 per month cellular phone allowance for business and personal use pursuant to IRS regulations.

21. COMPUTER LOAN PROGRAM
The computer loan program is intended to encourage computer ownership in order to improve computer skills and organizational efficiency. The City will loan up to $3,000 for a period of 24 months, interest free, for Executive Management employees to purchase a computer, software, and related devices for professional development and personal use.

The maximum reimbursement rate will be calculated September 1 of each year as the total of eight (8) semesters full-time undergraduate tuition, including required fees, at California State University Fresno. A total of $2,000 for required textbooks or e-books will be added to the tuition fees note d above for a grand total maximum reimbursement. Expenses for courses which began prior to July 1, 2019 will not be included in the maximum lifetime allocation.

Reimbursement under this Section shall be made under the following conditions:

A. Employees must have completed their initial probationary period with the City.

F. Reimbursement of approved course work and related expenses shall be contingent upon the attainment of a letter grade of “C” or better, or “Pass” in a 306
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course with Pass/Fail grading. Reimburseme nt shall be made after the employee submits expense receipts and proof of letter grade.

G. Fees not required for enrollment such as parking, graduation related expenses, or travel will not be reimbursed.

H. All courses for which reimbursement is sought shall be taken while off duty and not in paid status.

23. SOCIAL SECURITY/MEDICARE
The City of Clovis does not participate in Social Security, except as required for Medicare for employees hired after April 30, 1986.

24. PUBLIC SAFETY FITNESS INCENTIVE
In the interest of public safety, the City encourages its public safety managers to maintain a high state of health, wellness, and fitness. To that end, employees in police management classifications who participate in physical fitness testing and att ain the necessary benchmarks will receive the same incentive provided to repr esented employees in the respective departments. (Note: The Fire Management Fitness Incentive was added into step one of the salary schedule for the Fire Chief on July 1, 2019.)

25. PUBLIC SAFETY COMMAND STAFF EXTRAORDINARY INCIDENT STIPEND Each fiscal year, upon recommendation, the City Manager will have the discretion to authorize up to an additional 40 hours of paid compensation to the Police and Fire Chiefs who have worked ext raordinary law enforcement or fire events or other major incidents which required significant additional time in excess of their regular work schedule and for which they have not otherwise received compensation for those hours worked.

26. UNIFORMS
Uniform allowance is provided to public safety Executive Management employees as follows:

Fire $1,500.00 per fiscal year, paid each pay period.

Police $1, 2500.00 per fiscal year, paid annually each January.

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TO: Mayor and City Council
FROM: General Services
DATE: July 5, 2022
SUBJECT: General Services – Approval – Selection of Urban Transportation Associates for Transit A utomated Passenger Counters and Authorize City Manager to Execute the Contract.

ATTACHMENTS: 1. Proposal for Automat ed Passenger Counters from Urban Transportation System

2. Contract

CONFLICT OF INTEREST
None.

RECOMMENDATION

1. For the City Council to award the contract for Automated Passenger Counters to Urban Transportation Associates (UTA) in the amount of $130,400.00; and

2. For City Council to authorize the City Manager to execute the contract on behalf of the City.

EXECUTIVE SUMMARY
In September 2021, staff released a request for proposal (RFP) for various components of public transit technology. Six vendors responded to the Automated Passenger Counter (APC) System portion of the RFP. Staff is recommending the Council award and authorize the City Manager to sign the five -year contract with Urban Transportation Associates (UTA) in the amount of $130,400.00 for APC’s.

APC’s collect valuable ridership data that will be used for a variety of reports required by local and state funding agencies , and may also be used in the future for National Transit Database (NTD) reporting and Federal Transit Authority (FTA) reporting. The data collected will also give the City a clear understanding of ridership and will be utilized for service and operations planning purposes. The costs for the system and associated expenses will be paid through State Transit Assistance funds already received.

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BACKGROUND
On September 1, 2021, Clovis Transit released an RFP for an Intelligent Transportation System with three (3) core components and three (3) optional components:

Core:

A. Computer Aided Dispatch/Automated Vehicle Location (CAD/AVL) with Automated Voice Annunciations (AVA) and Head Sign Control
B. Passenger Infotainment
C. Automated Passenger Counters (APC)

Optional:

D. Real-time and Historical APIs (Application Programming Interface) E. Passenger Wi-Fi
F. Electronic Driver Vehicle Inspection Reporting (eDVIR)

Vendors were able to provide a proposal and pricing on any combination of components and were not required to respond on all core components. Staff is currently in negotiations for components A, B, and D and a contract for those components will be submitted to Council for approval at a future date.

Six (6) proposals were submitted for the APC component with the associated costs:

ETA Transit GMV
Syncromatics Transloc UTA Passio Connexionz
$35,991.00 $73,220.00 $82,187.00 $101,856.00 $105,535.00 $110,400.00

Staff evaluated all proposals and determined UTA’s proposal w as the most responsive and advantageous to the City. UTA specializes in APCs and has achieved a 100% FTA approval rating. For more than 30 years, UTA has assisted their clients with the NTD reporting process and meeting stringent requirements. UTA’s system ha s consistently met or exceeded the 95% accuracy requirement using proprietary algorithms and administrative controls that no other system provides. UTA’s NTD Reporting Process and demonstrated history of success will be crucial as staff evaluates the potential for FTA funding in the future.

The contract will be executed for five years of service and is based on the number of vehicles in the current ly deployed transit fleet, and includes hardware, software, setup and installati on, support and maintenance, and training. UTA’s original bid did not include the optional driver seat sensors and sales tax, which added $11,531 .00 to the cost for a total for $113,378.00. Staff is anticipating additional paratransit vehicles to be used i n the next five years to meet passenger demand with an additional estimated cost of $17,022.00, for a total cost of contract not to exceed $130,400.00.

FISCAL IMPACT
Adequate State Transit Assistance (STA) funds are held in the City’s Transit fund account for the purchase of the APC system for the contract amount of $130,400.00.

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REASON FOR RECOMMENDATION
The Automated Passenger Counting system provided by UTA will provide accurate passenger ridership data that will be used for a variety of required local and state reports and will provide crucial data to be used for operational and service planning. The APCs will also meet FTA requirements for NTD reporting in the future.

ACTIONS FOLLOWING APPROVAL
The City Manager will execute a contract with UTA in the amount of $130,400.00 to provide an APC system for the public transit fleet.

Prepared by: Amy Hance, General Services Manager

Reviewed by: City Manager _AH__

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INTELLIGENT TRANPORTATION SYSTEM
StandAlone APC System
Prepared for:

City of Clovis
155 N. Sunnyside Ave., 2nd Floor
Clovis, CA 93611
Submitted by:

Urban Transportation Associates (UTA), Inc.
4240 Airport Road Suite 212
Cincinnati, Ohio 45226
Technical data furnished herein shall not be used or disclosed, except for evaluation purposes, provided that if a contract is awarded to this offer or as a result of or in connection with the submission of the proposal, City of Clovis shall have the right to use or disclose this technical data to the extent provided in the contract. This restriction does not limit City of Clovis rights to use or disclose any technical data obtained from another source without restriction.

ATTACHMENT 1
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Urban Transportation Associates, Inc.
4240 Airport Road Suite 212, Cincinnati Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132

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October 07, 2021
Mr. Nick Chin
Management Analyst – Transit Division
City of Clovis
1033 Fifth Street
Clovis, California 93612

Mr. Chin:

Attached to this letter is the technical and cost proposal of Urban Transportation Associates (UTA) in response to City of Clovis's RFP – Intelligent Transportation System. UTA's proposal is valid for one- hundred-twenty (120) days from the date of proposal submission.

UTA is the most experienced provider of high quality APC systems in North America. For more than three (3) decades and in more than one-hundred-twenty-five (125+) transit agencies, UTA's APC system has been providing accurate and reliable information to transit planners, schedulers, and managers. Per the City of Clovis specification, UTA's APC system (hardware, software, and support) will operate in both a StandAlone and/or an Integrated configuration.

There is recognition, reinforced by the COVID pandemic, that accurate and reliable information generated from APC technology is essential to managing transit in the 21st century. Included in UTA's proposal is state-of-the-art APC on-bus equipment along with an APC Software package that provides a comprehensive set of analytics and administrative control reports that assure high quality information supporting local and federal (NTD) reporting requirements. Given the Zero Fare Model implemented by City of Clovis, UTA’s APC system will provide accurate and reliable Ridership information to City of Clovis management and staff.

UTA's Project Manager, Thomas W. Kowalski, will have responsibility for the implementation of UTA's APC system in City of Clovis in accordance with costs and schedules presented in the attached proposal.

All UTA staff referenced in UTA's proposal will contribute to the implementation and support of UTA's APC system. UTA's Project Team reflects an academic achievement (12 advanced degrees) and direct transit experience (150+ years) that is unmatched in the transit marketplace.

As the only firm in North America that is solely dedicated to providing high quality APC systems to transit agencies, UTA welcomes the opportunity to submit the attached proposal.

Yours truly

Thomas W. Kowalski
President/CEO
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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 2 Table of Contents
1 Executive Summary ............................................................................................................................... 3 2 UTA Capabilities and Experience .......................................................................................................... 7

2.1 UTA Background/History .............................................................................................................. 7

2.2 UTA Financial Profile ..................................................................................................................... 7

2.3 UTA Project Team ......................................................................................................................... 8

2.4 UTA APC Project Experience ....................................................................................................... 12 3 Products and Services ......................................................................................................................... 14

3.1 UTA APC On-Bus Hardware - Overview ...................................................................................... 14

3.1.1 UTA APC CPU - Model 31 .................................................................................................... 15

3.1.2 APC Data Transfer ............................................................................................................... 18

3.1.3 UTA APC Sensor Technology ............................................................................................... 21

3.1.4 UTA APC System Accuracy .................................................................................................. 24

3.2 UTA APC Analytic Software ......................................................................................................... 26

3.2.1 FTA National Transit Database (NTD) Reporting................................................................. 34

3.3 UTA Administrative Control Reports ................................................................................................. 36

3.2.2 APC Sampling Status ........................................................................................................... 37

3.2.3 APC Deployment Plan ......................................................................................................... 38

3.2.4 Trip SOL EOL Matching ........................................................................................................ 39

3.2.5 APC Reference File Quality Control ..................................................................................... 40

3.2.6 Automated Overnight APC Data Processing ....................................................................... 40

3.2.7 Real-Time Passenger Load Capability - Optional ................................................................ 41 4 Installation and Training ..................................................................................................................... 42

4.1 APC Equipment Installation ........................................................................................................ 42

4.2 APC Equipment Transfer ............................................................................................................. 42

4.3 Training ....................................................................................................................................... 43

4.4 Project Schedule ......................................................................................................................... 45 5 Support Plan ........................................................................................................................................ 47

5.1.1 Objective ............................................................................................................................. 47

5.2 APC Software Support ................................................................................................................. 49 6 Cost Proposal ...................................................................................................................................... 51 7 Affidavits and Certifications ................................................................................................................ 52

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Urban Transportation Associates (UTA), Inc. proposes to provide the City of Clovis with an Automatic Passenger Counting (APC) system in response to City of Clovis’ Request for Proposal “INTELLIGENT TRANPORTATION SYSTEM”.

UTA's proposed StandAlone APC system is a mature configuration consisting of reliable APC on-vehicle hardware and analytic software that has been applied to Bus and Rail service at more than one- hundred-twenty-five (125+) transit agencies across North America. Presented in UTA's proposal is a good understanding of City of Clovis’ service along with the tasks associated with an APC system implementation.

Per City of Clovis specification, Qty=14 Fixed-Route buses thirteen (13) Cutaway vehicles and one (1) trolley will be equipped with APC systems.

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system. UTA’s proposed on-bus APC hardware configuration meets this requirement. UTA’s Model 31 CPU is capable of operating both in a StandAlone and Integrated configuration. In the StandAlone configuration, the APC data is transferred to a cloud server in real-time via a cellular modem embedded in UTA’s Model 31 CPU. In UTA’s Integrated configuration, the Model 31 CPU converts the sensor inputs into an RS232 or J1708 message format for export to the on-bus AVL CPU. In the StandAlone configuration, UTA is able to export the Passenger Load in GTFS-RT format to the AVL system for display.

In either the StandAlone or Integrated configuration, UTA’s APC Software package will generate the same set of analytic and administrative control reports, including NTD reporting, if desired by the City of Clovis.

Presented below is a summary of UTA's APC system that will be provided in a UTA APC system implementation on Stageline buses operating in the City of Clovis:

A. StandAlone APC On-Vehicle Hardware:

With UTA's APC system installed on thousands of cutaway buses in North America, City of Clovis will receive an extremely accurate (98%-99%) and reliable (APC Data Yield 95+%) set of on- vehicle APC hardware that typically outlasts the life of the transit vehicle. UTA's APC system does not require any scheduled preventive maintenance. The design of UTA's APC system is modular which allows for easy replacement of APC components. UTA's APC system does not require any driver initialization/login. With a draw of less than 200 milliamps, the StandAlone APC configuration draws power from the vehicle power source (battery) and provides a complete set of APC data both in revenue service and outside of revenue service.

Included in UTA's APC configuration proposed for City of Clovis is UTA’s optional Bike Rack monitoring feature which provides the time and location of each Bike Rack load/unload event.

UTA's use of best-of-breed components, including cables and connectors, also utilized in heavy manufacturing and defense applications contribute to the ruggedness of UTA's APC system and the availability of spare parts.

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 4 The Overhead APC sensors included in UTA’s on-bus hardware configuration manufactured by Hella, Inc have consistently generated Manual/APC concurrence levels of 97%-99%. UTA’s secure overhead APC sensor mounting assembly has proven to result in extremely reliable performance at transit agencies across the U.S. over the past eight (8) years.

APC Software:

UTA's APC Software is recognized as the most comprehensive APC analytic software package available in the transit marketplace. It is common for UTA’s APC Software to be implemented at transit agencies where non-UTA APC hardware was installed by AVL system providers years previous.

UTA's web-based APC Software package produces more than sixty (60+) Analytic and Administrative Control reports and is easily adapted to meet City of Clovis analytic preferences.

From detailed Bus Stop-level Ridechecks to macro System Service Standards Compliance and NTD analyses, UTA's analytic software will extract all possible information from the raw APC data.

UTA's APC Administrative Control software module provides the ability to consistently produce high-quality information over the long life (10-15 years) of UTA's APC system. Meeting the full range of City of Clovis’ analytic needs represents the primary objective of UTA's APC system.

Per City of Clovis specification, UTA will provide a UTA-hosted configuration which will allow City of Clovis users to access the APC analytics at any time. UTA is agreeable to the creation of new reports or modification of existing analytic reports in order to meet City of Clovis analytic needs.

UTA's APC system will provide the detailed service utilization metrics to the Federal Transit Administration (FTA) within the National Transit Database (NTD) program. Federal funding allocations are based, in part, on the Unlinked Passenger Trips (UPT) and Passenger Miles Traveled (PMT) submitted by transit agencies. At a number of UTA APC sites, Section 5307 Formula Funding allocations have been increased as a result of higher and more accurate PMT values generated from UTA's APC system. FTA has approved every (100%) of the applications from UTA APC users to apply APC-generated data to NTD reporting requirements. Included in UTA's proposal is the preparation of a request to FTA to obtain approval for City of Clovis’ application of APC data to NTD reporting. Mr. Keith Gates, recently retired as FTA’s Manager of NTD, serves as the Qualified Statistician and a resource for any FTA or NTD questions which may arise.

It is UTA’s objective to maximize the benefit/utility of the raw APC data with a web-based software configuration and mature algorithms that provide high quality information to City of Clovis staff.

See Section 3-Products and Services for a detailed description of UTA's APC Software package.

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UTA's more than three (3) decades of experience in implementing APC systems in over one- hundred-twenty-five (125+) large and small transit organizations has provided UTA with a depth of APC experience unmatched in the North American transit marketplace. Specifically, UTA has successfully installed UTA's APC system on more than ten thousand (10,000+) buses and approximately two hundred (200) rail cars in either StandAlone or Integrated configurations.

UTA staff applied to the City of Clovis APC application will bring more than one-hundred-fifty (150+) cumulative years of direct experience in implementing APC systems in transit organizations.

Academically, the UTA staff supporting the City of Clovis APC implementation has more than twelve (12) advanced degrees (MS+) in technical/engineering fields. UTA's combination of technical knowledge and transit experience should provide City of Clovis with reassurance that UTA is most capable of implementing a StandAlone APC system that will meet City of Clovis’ current and future analytic needs.

No other APC supplier has the technical knowledge and specific transit APC experiences as does UTA.

See Section 2 for more detail on UTA's APC Experience and UTA's Project Team.

Business Model:

UTA is an employee-owned firm in excellent financial condition. UTA's only business is providing APC technology to transit organizations which has resulted in a focus and energy that is not typically found in the transit marketplace. UTA takes pride in satisfying the wide range of information needs of transit professionals using UTA's APC system.

Over the past decade, UTA has consistently posted healthy profits in the 15%-25% range. UTA does not carry any long-term debt. In 1995, UTA retired long-term debt from its original start- up. UTA has an operating Line of Credit in the amount of $750,000 from Fifth Third Bank with whom UTA has had a business relationship for the past twenty-five (25) years. From a financial institution’s perspective, UTA demonstrates financial strength through consistent, long-term financial performance (profitability).

UTA is the only firm in the U.S. transit marketplace that solely specializes in providing high quality APC systems to transit agencies. UTA's singular focus on APC applications has allowed UTA to develop an APC system consisting of on-vehicle hardware and analytic software that produces APC system performance levels unmatched in the transit marketplace. The lack of long-term debt and absentee ownership along with a highly dedicated staff has allowed UTA to develop a flexibility directed at meeting the needs of transit users. UTA routinely adapts UTA's APC system to the unique characteristics of a transit agency that only become apparent after contracts are signed and the APC system implementation takes place. UTA is not burdened by internal corporate administrative/bureaucratic rules which has resulted in an organizational culture that allows UTA the freedom to take whatever actions are necessary to meet the needs of UTA's users. It is this approach that has allowed UTA to achieve technical and financial success in the transit marketplace.

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 6 UTA enjoys positive and productive relationships with all UTA sub-contractors. Each UTA supplier has been supplying goods and services to UTA for at least five (5) to ten (10) years. UTA suppliers are satisfied with the Terms and Conditions under which UTA supplier payment is generated in accordance with the Payment Schedule of each APC implementation. The City of Clovis can be assured that UTA's financial condition is of such high standing that UTA will be able to execute the APC implementation without any financial difficulties.

UTA APC Support:

UTA supports UTA's APC system at an extremely high level that is unmatched in the transit marketplace.

The majority of UTA's annual revenues are generated from UTA APC users expanding UTA's APC system which serves as a sound indicator of the level of user satisfaction. Not only will UTA staff provide direct support of City of Clovis’ APC system, but UTA APC users routinely share applications with each other to advance the use of APC technology. UTA's APC users are another available resource to the City of Clovis staff.

UTA has included the five (5) years of APC Support as specified by the City of Clovis in the cost summary.

See Section 2 for more information on UTA APC users.

UTA APC Performance vs Capability:

Often, in APC procurements, specifications and proposals focus on the capabilities of the APC system, e.g., capable of meeting 95%+ accuracy levels. Proportionately less focus is given to the specification and monitoring of actual APC system performance. For example, virtually all current APC sensors in the marketplace have the capability of achieving 95%-99% levels of accuracy. However, factors such as sensor misalignment, dirty lenses, vandalism, etc. produce actual performance levels less than the high levels of capability. UTA's APC Administrative Control methodologies assure the achievement of actual APC system performance levels that match APC system capabilities. In recent (2018-2020) UTA APC applications (San Antonio VIA, New Orleans, Albuquerque, Buffalo, Williamsburg, Boise, and Monterey), UTA's APC system is achieving 99%-100% levels of APC accuracy and near-100% levels of APC reliability. These levels of performance of UTA's APC system are unmatched in the transit marketplace. See Section 2 for specific project descriptions and references.

Public transit systems place a critical role in the quality of life in urban communities by providing basic mobility to people that allows society to function. In serving the mobility needs of a local population, transit managers have a responsibility of providing safe, efficient transportation. Accurate and reliable information on the quality and productivity of the local transit service is essential. UTA recognizes the challenges of operating transit agencies and assumes the important responsibility of providing high quality information to transit managers.

It is UTA's objective to provide an APC system which provides information that ultimately improves the quality and productivity of City of Clovis transit service.

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 7 2 UTA Capabilities and Experience

2.1 UTA Background/History

Urban Transportation Associates (UTA) headquartered in Cincinnati, Ohio, was founded in 1981 by two (2) individuals (including current President/CEO T.W. Kowalski) who had formerly served as research engineers with General Motors Transportation System Division. During their tenure with GM TSD from 1976 to 1981, an operational Automatic Vehicle Location (AVL) system was developed that included an Automatic Passenger Counting (APC) sub-system.

The AVL/APC system was deployed in Cincinnati, Ohio as part of GM TSD's Urban Transportation Laboratory. Real time dispatcher displays, real time passenger information displays, and off-line Ridership data were routinely generated from this system. General Motors disbanded the Transportation Systems Division in 1981 and decided not to participate in the transit AVL/APC marketplace. The product rights to the APC sub system were sold to the newly formed Urban Transportation Associates, Inc.

UTA is unique in that UTA is an employee-owned firm. 100% of UTA stock is owned by active UTA employees. UTA's President/CEO, Thomas Kowalski, and Chief Technical Officer, David Bosshammer, own approximately 90% of UTA stock with the remaining 10% owned by two (2) long-time employees, David Hatzenbuhler and George Perkins. This ownership model allows UTA the freedom to place APC quality and user satisfaction above maximizing short-term project revenue. UTA has the freedom to apply high levels of energy to meeting City of Clovis’ analytic needs without being encumbered by the demands of distant corporate management, shareholders, nor venture capitalists.

UTA’s sole business is providing automated data collection and analysis tools to transit planning and scheduling departments.

UTA is also a trusted supplier of APC system hardware to all North American bus manufacturers. UTA often provides APC equipment directly to bus manufacturers (Gillig, New Flyer, Nova Bus, MCI, ElDorado, Goshen, NABI, Proterra, BYD, and others) for installation of UTA APC equipment during the bus manufacturing process. UTA has consistently been recognized by the bus manufacturers for achieving the highest supplier ratings for on-time delivery performance and equipment quality.

UTA is dedicated to the transit marketplace. It is this presence in the transit marketplace that provides assurance that an APC system provided by UTA will operate successfully and meet City of Clovis’ analytic needs for at least the next ten (10) years.

2.2 UTA Financial Profile

Urban Transportation Associates (UTA), Inc. is in excellent financial condition. Over the past decade, UTA consistently posted healthy profits in the 15%-25% range. UTA paid off UTA's initial long-term debt from its original start-up in 1995. UTA does not carry any long-term debt. UTA has an operating Line of Credit in the amount of $750,000 with Fifth Third Bank with whom UTA has had a business relationship for the past sixteen (16) years. From a financial institution’s perspective, UTA demonstrates financial strength through consistent, long-term financial performance (profitability), strong cash flow, balance sheet strength/stability and excellent management skills. UTA currently has its entire $750,000 Line of Credit available which assures that UTA will be able to procure all necessary materials to meet the APC implementation requirements.
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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 8 UTA enjoys positive and productive relationships with all UTA sub-contractors. Every UTA supplier has been supplying goods and services to UTA for at least five (5) to ten (10) years. UTA suppliers are satisfied with the Terms and Conditions under which UTA supplier payment is generated in accordance with the Payment Schedule of each APC implementation.

The City of Clovis can be assured that UTA's financial condition is of such high standing that UTA will be able to execute the APC implementation without any financial difficulties.

2.3 UTA Project Team

UTA President\CEO, Mr. Thomas W. Kowalski, will have overall project management responsibility for this project.

Mr. David Bosshammer, Mr. Kevin Moore, Mr. Nick Fischer, and Mr. Michael Kowalski will have responsibility for all UTA APC software related aspects of this project.

Mr. David Vanderputten, Mr. Chris Cooper, Mr. George Perkins and Mr. Jeremy Bosshammer will have responsibility for all UTA APC hardware related aspects of this project.

Mr. Keith Gates will serve as the Qualified Statistician and provide assurance that the City of Clovis’ application of APC data to NTD reporting is fully compliant with FTA requirements.

Thomas W. Kowalski – President and CEO
Serving as the principal Project Manager for UTA, Mr. Kowalski will have overall responsibility for UTA's performance in implementing an APC system at the City of Clovis.

Mr. Kowalski has degrees in the following areas: a Bachelor’s degree in Industrial Engineering; Master’s degree in Business Administration and Master’s degree in Community Planning. He has also taught at the University of Cincinnati as Adjunct Instructor of Operations Planning in Public Administration.

Mr. Kowalski is a founding partner of UTA and original developer of UTA’s analytic software. Mr.

Kowalski has managed implementation of virtually all one-hundred twenty-five (125+) UTA APC projects and ensured each project has been executed within the given schedule and budget as proposed. His other project responsibilities include active involvement in APC reporting needs, new analytic applications, and on-going APC support, as well as ad-hoc APC reporting requirements.

The following are a sample of recent projects Mr. Kowalski has successfully implemented: San Antonio VIA, New Orleans RTA, DTC (Delaware), SEPTA (Philadelphia), UTA (Salt Lake City), MBTA (Boston), METRO (Houston), CMTA (Austin), MDTA (Miami-Dade), DART (Dallas), Port Authority (Pittsburgh), LYNX (Orlando), and AC Transit (Oakland).

David Bosshammer - Chief Technical Officer
Responsible for successful operation and integration of all APC software, Mr. Bosshammer has degrees in the following areas of expertise: Bachelor’s degree in Physics and a Master’s degree in Electrical and Computer Engineering. Mr. Bosshammer is committed to make the necessary adaptations to standard UTA software to efficiently produce on-board and post processing reports for City of Clovis. Mr. Bosshammer, a member of UTA since 1995, has successfully participated in more 319
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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 9 than seventy (70) APC projects. UTA SAEJ1708/J1587, GPS, and wireless download interfaces, along with interfaces to all major transit scheduling system have been developed by Mr. Bosshammer, As UTA’s Chief Technical Officer, Mr. Bosshammer has experience overseeing more than one-hundred twenty-five (125+) UTA APC projects in his twenty (20) years with UTA. His primary responsibility is to adapt APC software to local operating practices. He is committed to active involvement in the development and implementation of APC data processing software and updates. Current project responsibilities include: LYNX (Orlando), SFMUNI (San Francisco), OTS (Honolulu), METRO (Houston), PAAC (Pittsburg), SEPTA (Philadelphia), Utah Transit (Salt Lake City), MBTA (Boston), and MDTA (Miami Dade).

David Vanderputten – Field Engineering Manager
As a 2007 graduate of Wright State University with a Bachelor of Science degree in Mechanical Engineering, Mr. Vanderputten began his career with UTA in 2001 and has been a full-time member of the UTA engineering team since 2007. David’s in-depth knowledge and experience will be applied to the design and installation of the on-bus APC equipment implementation at City of Clovis.

Mr. Vanderputten is the Primary Engineer and Logistics Expert for all UTA APC hardware for OEM bus manufacturers including Gillig, New Flyer, Nova Bus, and others. During his tenure of seventeen (17) years with UTA, Mr. Vanderputten participated in successful UTA Rail APC applications at SEPTA (Silverliner, NHSL, and Kawasaki). along with applications at: OTS (Honolulu), KCATA (Kansas City) and MBTA (Boston). Furthermore, he is responsible for the design, specification and procurement, and successful implementation of all hardware for large-scale APC deployments such as: MDT (Miami- Dade) - nine-hundred (900) buses, and SEPTA (Philadelphia) Bus, Light Rail/Commuter Rail project - over three hundred (300) vehicles.

Chris Cooper – Field Engineer
Mr. Cooper joined UTA in 2007 after attending Cincinnati State and Miami University for electrical engineering technology. As Field Engineer, he has performed or supervised installations at over twenty (20) customer sites. These projects encompass work on over fifteen hundred (1500) vehicles including work on light and heavy rail applications. Mr. Cooper will assist in the APC installation, warranty maintenance, and quality control responsibilities.

In 2010, Mr. Cooper performed installations and implemented QA procedures as part of UTA’s APC expansion project at MBTA (Boston). In 2008-2009, he supervised the installation of over nine hundred (900) APC installations in MDTA (Miami-Dade) and performed quality assurance checkout inspections and QA reporting.

Keith Gates, P.E- Transit Statistician
Mr. Gates recently retired from the Federal Transit Administration (FTA) as Manager of the National Transit Database (NTD). While at FTA, Mr. Gates was responsible for overall NTD program execution and product quality. This included approving passenger counting methods and updating regulations.

Prior to serving as Manager of NTD, Mr. Gates was Director of Performance Management for FTA. Mr.

Gates has received both Bachelor's and Master's degrees in Electrical Engineering from Purdue University. Mr. Gates will serve as a statistical resource to the City of Clovis for this project. To the extent that the City of Clovis will be utilizing APC-generated information to provide to local, state, and/or federal funding bodies, Mr. Gates' experience with FTA's NTD program will be beneficial.

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 10 George Perkins – Field Engineer
Mr. Perkins, a former military radar specialist and technician has been a member of the UTA team since 1983. He has personally installed APC systems on over two-thousand (2000) different transit buses over the past thirty (30) years.

Sandesh Samdaria – Software Engineer
Mr. Samdaria has been employed by UTA since 1999 initially as a student intern and then as a full-time UTA employee in 2001. Mr. Samdaria has degrees in the following areas of expertise: Undergraduate degree in Architecture (India) and Master’s degrees in Community Planning (University of Cincinnati) and Housing and Urban Development (The Netherlands).

Mr. Samdaria’s involvement with City of Clovis’ project includes: overseeing data quality reviews, generating and analyzing reports. Mr. Samdaria’s primary UTA responsibilities are APC files – review and set-up; Report menu design – review and set-up; APC software – installation and set-up; and APC documentation and Support – providing standard and ad-hoc APC reports.

Sandesh’s recent APC reporting software installation, set-up and support include the following sites:

RTA (Dayton), Eagle County Transit (Eagle County, CO), Triangle Transit Authority (Durham), and OTS (Honolulu).

Kevin Moore – Software Engineer
Mr. Moore has degrees in the following areas of expertise: A Bachelor of Science in Civil Engineering (Northwestern University) and a Master of Architecture (Massachusetts Institute of Technology).

Between 1999 and 2006, Mr. Moore was engaged in development of UTA’s APC Reporting Menu and adaptation of UTA’s APC software package to specific user applications. Since 2009, Mr. Moore’s primary responsibilities include: APC Report Menu Design - review and set-up; APC Reporting Software - set-up and testing; APC documentation and Support – providing standard and ad-hoc APC reports. Recent APC reporting setups and support include: SEPTA (Philadelphia), UTA (Salt Lake City), RTA (Dayton), MBTA (Boston), and MDTA (Miami-Dade). In one current project, Mr. Moore is collaborating with MBTA planners to produce a highly-customized, system-wide ridership report that will present (integrated UTA/TransitMaster) APC ridership data to the transit public.

Nick Fischer – Software Engineer
Mr. Fischer, a member of the UTA’s software engineering team since 2007, academic achievements include: a Bachelor degree in Sociology and Political Science and completion of The Ohio State University’s Joint Degree in Urban Transportation, through which he obtained a Master of City & Regional Planning (MCRP) and a Master of Science (MS). During his graduate studies, Mr. Fischer had an internship with the Central Ohio Transit Authority (COTA) in their Capital Projects/Planning department. He served as an APC specialist for COTA, where he managed the APC data processing, data quality control review and generated APC analytical reports for the transit authority. Mr.

Fischer’s anticipated project responsibilities include: Master schedule files, Bus stop geo-coding files, and Software quality control.

Mr. Fischer’s primary UTA responsibilities include: APC reference files – review and set-up; APC Report Menu Design – design, set-up and review; APC Reporting Software – installation and setup; APC Documentation and Support – providing standard and ad-hoc APC reports. His recent APC 321
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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 11 reporting installation, set-up and support include the following sites: Houston METRO Rail and Bus, Connect-Transit (Bloomington Normal), BMTA (Baltimore), FAST (Fayetteville), ART (Asheville).

Michael Kowalski - Software Engineer/Hardware Maintenance Technician Michael Kowalski had been working as a part-time UTA software engineer since the early-2000's. In 2006, after receiving a B.S. degree in Environmental Resource Engineering from Humboldt State University, Michael increased the number of hours associated with his part-time UTA efforts. In 2013, Michael joined UTA as a full-time UTA Software Engineer with associated responsibilities relative to UTA's on-bus APC equipment and Maintenance. Michael's involvement with the City of Clovis will be to setup/test UTA's APC Reporting Menu and execute on-bus maintenance of the APC system.

Michael resides in Northern California.

Michael Sousa - Software Engineer
Mr. Sousa joined UTA full-time in 2021. Mr. Sousa’s previously served as the Principal Data Analyst and APC Administrator for the Rhode Island Public Transit Authority for three years where he managed the APC data processing, data quality control review, generated APC analytical reports, and managed collecting and reporting the APC data for NTD certification the for the transit authority. Mr.

Sousa’s primary UTA responsibilities include: Master schedule files, APC reference files – review and set-up, Bus stop geo-coding files, and Software quality control. Mr. Sousa received a Bachelor of Arts degree in Mathematics from the University of Massachusetts – Dartmouth.

Jeremy Bosshammer - Field Engineer
Mr. Bosshammer contracted part-time for UTA for four years and joined UTA full-time in 2019. As a Field Engineer, he has performed and supervised installations of APC equipment at many cities across the United States. Mr. Bosshammer will assist in the APC installation and warranty maintenance at the City of Clovis.

Debbie Scheetz – Administrative Manager
Ms. Scheetz joined UTA in 2013 after spending 22 years in the banking industry and specifically served as the UTA’s commercial banker. Her close connection with the financial side of UTA sparked her interest in learning more about the operations of UTA and becoming a contributing member of the team by applying her years of cumulative business experience. Debbie has her B.B.A. in Management and Marketing (University of Cincinnati) and enjoys applying her business experience to help manage the daily administrative responsibilities, as well as the long-term needs of UTA’s operations.

UTA's Project Team of eleven (11) engineers with a cumulative 175+ years of transit experience and thirteen (13) advanced (MS+) degrees, represents a combination of APC technical knowledge and transit experience unmatched by any other firm in North America in the provision of high-quality APC systems.
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2.4 UTA APC Project Experience

UTA has implemented APC systems in over one-hundred twenty-five (125+) large and small North American transit agencies. At the start of this section are summaries of UTA APC applications at transit agencies with similarity to the City of Clovis bus APC application (StandAlone APC configuration, 25-75 buses)
Bloomington Public Transportation Corporation (BPTC) - UTA StandAlone APC System w/Overhead APC Sensors
Lew May (812) 332-5688
In an APC procurement similar to that being executed by City of Clovis, BPTC released an RFP for a StandAlone APC system in late-2020. In a competitive procurement format, UTA's was awarded the contract. In January 2021, UTA installed APC systems on Qty=41 BPTC buses within schedule and without any additional costs. UTA's APC Software has been installed at BPTC and BPTC staff training is currently taking place.

Monterrey-Salinas Transit, CA (MST) - UTA StandAlone APC System w/Horizontal APC Sensors Doris Martinez (831) 264-5874
In 2019, MST executed a competitive procurement for a StandAlone APC system which was awarded to UTA over three (3) other bidders. UTA installed APC systems on Qty=170 buses. Per MST specification, the APC software was installed in a UTA-hosted configuration with a complete set of analytic reports.

MST chose to implement a StandAlone APC system that operates in parallel with an existing AVL system.

City of Tallahassee, FL (StarMetro) - UTA StandAlone APC System w/Vertical APC Sensors Andrea Rosser (850) 891-5196
In early 2020, The City of Tallahassee, FL. Executed a competitive procurement for automatic passenger counters for StarMetro’s fleet of fifty-seven (57) Gillig buses and four (4) cutaway vehicles operating fixed, deviated, and complementary on-demand ADA service. UTA also provided a web-based stand- alone reporting software package and the required NTD reporting necessary for application to the FTA.

Dallas Area Rapid Transit (DART) - UTA Integrated APC System w/Horizontal + Overhead APC Sensors
Kris Gandham (214) 749-2847
In 2018, DART executed the largest competitive APC procurement (640 buses) that has taken place in the U.S. since 2000. UTA was awarded the APC contract over bids submitted by Dilax and Clever Devices. UTA's APC system will be integrated with the Trapeze TransitMaster AVL system. UTA's horizontal APC sensors will be deployed on approximately 520 DART buses with UTA's overhead APC sensors installed on approximately 120 DART ARBOC buses. In 2013, DART awarded UTA a contract for APC Software after receiving bids from RSM and Trapeze.

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 13 Indiana University– (Bloomington, IN)
Justin VanLeeuwen (812) 855-5865
Indiana University AVL supplier contract UTA to provide APCs on all existing IU Campus Bus vehicles beginning in 2017. Originally the AVL supplier was providing the APC analytics but as IU Campus Bus found it unreliable staff requested that the AVL supplier separate the UTA APC hardware on board the bus from the AVL hardware to increase the APC data reliability. A StandAlone UTA APC system was installed on all IU Campus buses as well as a local configuration of the UTA APC Analytic Reporting Tool.

Currently UTA APC Hardware and Analytics provide IU Campus Bus both their day of week (Mon, Tue, Wed, etc.) ridership statistics each month as well as special event ridership.

Central Florida Regional Transportation Authority (LYNX) - UTA StandAlone APC Configuration Walter Gant (407) 254-6078
LYNX executed an APC procurement in early-2020 which provides a most recent data point from the APC marketplace. After multiple unsuccessful APC applications from AVL suppliers, LYNX released an APC RFP in late-2019 to provide StandAlone APC systems on Qty=273 buses. UTA was awarded the contract after receiving significantly higher scores from LYNX's Source Evaluation Committee. The other bidders were InfoDev and Dilax.

Sacramento Regional Transit District Rail Cars + UTA APC Software Applied to Clever Devices' Bus APC
Casey Courtright (916) 556-0318
In 2018, SacRT executed a competitive procurement for an APC system to be installed on SacRT's rail cars. UTA was awarded the contract over Dilax, Inc. Included in the contract was the application of UTA's APC Software to SacRT's bus APC data generated from the Clever Devices' bus APC system.

SacRT's objective was to improve the Ridership reporting along with obtaining a wide range of analytics from SacRT's bus APC data.

Additional UTA APC references are available upon request. 324
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3.1 UTA APC On-Bus Hardware - Overview

To produce high quality APC Data with the highest levels of accuracy and reliability in the industry, UTA’s proposed Technical Solution to City of Clovis’ APC application is a comprehensive solution with over three (3) decades of experience successfully implementing APC systems at transit agencies, universities, shuttle operations, both bus and rail, throughout North America. Highly skilled engineers and technicians extensively tested and developed APC sensors, data acquisition devices, and communication equipment, and the most thorough APC analytic software package available to the transit marketplace.

In UTA’s proposed hardware configuration, each City of Clovis vehicle is equipped with UTA’s flexible, proven, and reliable APC Model 31 CPU. Above each vehicle doorway, UTA will install industry-leading 3D-video passenger counting sensors, proven to produce passenger counting accuracy in excess of 98- 99% in bus and rail applications. An input from each City of Clovis vehicle door and wheelchair lift (and optionally bicycle rack deployment) will be connected to UTA’s Model 31 APC CPU Module to properly allocate passenger boardings and alighting to specific City of Clovis stops.

The diagram below illustrates the major components of UTA’s on-bus APC system and connectivity. All APC doorway sensors (Qty=1-2 sensors per vehicle) are networked to the APC Model 31 CPU by means of an Ethernet switch.

In addition to passenger counts, the UTA Model 31 APC CPU will collect wheelchair lift activity, door open/close activity, and optionally, bicycle rack and driver’s seat occupancy via digital inputs.

APC Data Records are generated upon state change of any connected digital input (door, wheelchair, bicycle rack, drivers’ seat, etc.) as well as timestamps every thirty (30) seconds. Each APC Data record is inclusive of cumulative passenger counts, record type, GPS data (time, location, heading, velocity) and a unique record number identifier. The comprehensiveness of collected data assures maximum analytic utility and supports a wide range of user analytic requirements.

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3.1.1 UTA APC CPU - Model 31

UTA's Model 31 APC CPU is an industrial quality multifunction vehicle tracking/telemetry CPU manufactured by CalAmp Corp.
(headquartered in Oxnard, CA) which runs on an embedded 32-bit microprocessor. Based on CalAmp’s LMU (Location Messaging Unit) architecture, the device provides the data storage, GPS, and wireless communication foundation of UTA’s APC system. The small size (4.3” x 3.2” x 1.3”) of the CPU allows for multiple mounting options with the most common being the on- board electronics cabinet. The UTA APC CPU is a highly reliable data acquisition and logging device used in many Automatic Vehicle Location (AVL) and mobile data acquisition applications (Police/Fire, Public Transit, School Bus fleets, Heavy-duty trucking fleets, etc.).

In UTA’s proposed APC Hardware Configuration for the City of Clovis, the UTA APC CPU is responsible for the creation of the basic APC raw data record, APC data storage, and transmission to the UTA APC Data Collection cloud-server. The on-bus APC CPU continually (every one second) queries each APC Sensor for passenger boardings and alightings, monitors digital inputs for vehicle door state (open/close), and receives/parses incoming GPS time/location data from the onboard GPS receiver. These data (counts, location, time, door events) are recorded and stored in onboard memory in the form of UTA APC Data Records.

UTA’s Model 31 CPU will operate in both a StandAlone and Integrated configuration. In UTA’s StandAlone configuration, the APC data will be transferred in real-time to a UTA cloud server. In an Integrated configuration, UTA’s Model 31 CPU will transfer the raw sensor data to the on-bus AVL CPU using RS232 or J1708 messaging protocols.

Raw APC Data Records provide the basis for all real-time and statistical reporting functions such as NTD and a wide range of service-analysis reports. Each UTA Data Record contains the following information:
• Record Type
o Timestamp (every 30 seconds)
o Door Open event
o Door Close event
o Wheelchair Deploy event
o Wheelchair Stow event
o System Initialization event
o Diagnostic
• Current Date / Time
• Current Latitude / Longitude, Speed, Heading
• Current Passenger Count values from each door:
o (continuously incrementing)
• Bus Number

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 16 Raw APC data is stored onboard the APC CPU until network connectivity to the APC Server is available.

The UTA APC CPU continually attempts to establish a connection to the APC server.

With continuous network connectivity to the APC Server, the capability exists for UTA’s M31 CPU to support real-time applications of APC data. Examples of this capability may include vehicle location (including speed and heading) for display on internal City of Clovis or passenger-facing Automatic Vehicle Location (AVL) applications, real-time passenger load display by bus, real-time overcrowding reporting, and optionally Bike Rack Occupancy status.

UTA’s Model 31 CPU contains a high-grade, high-accuracy 50-channel GPS receiver. Due to the high reliability of the Model 31 and the exceptional GPS resolution (+/- 2 meters), UTA is frequently asked to deploy the Model 31 APC CPU to validate the accuracy of other on-vehicle systems such as voice- annunciators and AVL systems.

UTA's Model 31 APC CPU can be integrated with RS232 devices, J1708, and J1939 vehicle networks and configurable for WLAN and cellular network technologies. Its small size and low power consumption make this unit ideal for transit applications.

With more than two million units in service worldwide public service application such as taxi, emergency response vehicles, including 60,000 units in the transit and school bus markets, UTA’s Model 31 CPU has a proven history of successful performance in mobile vehicle data acquisition applications.

Accessible with a laptop and web browser (no special software required), the APC CPU will provide City of Clovis APC Maintenance technicians with a status display of all current APC subsystem status for diagnostic purposes:
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• Current Time
• GPS Status
• Comm Status
• Number of APC Sensors configured
• Number of APC data records stored
• Operating Mode
• Current I/O status (doors etc.)
• Current counts from each sensor
• Last APC data record generated

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3.1.2 APC Data Transfer

UTA’s APC CPU Module (Model 31) is capable of a variety of network connectivity options for APC Data transfer. Offering flexible data transfer options is often highly beneficial to transit operators as IT infrastructure, both onboard the vehicle and fixed/backend often change or are updated within the expected lifecycle of the APC system (10-15 years+).

3.1.2.1 Data Transfer via City of Clovis Mobile Router – StandAlone

The UTA APC Model 31 CPU is equipped with onboard Ethernet capability and 802.11 a/b/g/n/ac Wi-Fi. Through either Ethernet or Wi-Fi, at City of Clovis preference, the UTA APC CPU Module will be connected to the City of Clovis Cradlepoint to permit raw APC data to be transferred automatically from each bus to an APC Data server. APC data present on UTA’s Cloud Server is backed-up and stored for a minimum of five (5) years. The real-time data transfer via the Cradlepoint allows for City of Clovis real-time bus location, passenger load, and bicycle load displays.

UTA will utilize City of Clovis on-board router as a network pathway from the on-bus UTA APC CPU Module to the APC Data Server
UTA has implemented a number of sites with similar APC Data Transfer configurations. • ABQRide ART (Albuquerque, NM)
• Madison County Transit (Granite City, IL)
• PART (Greensboro, NC)
• Valley Regional Transit (Boise, ID) VRT
• KCAPTA (Hanford CA)
• SLORTA (San Luis Obispo, CA)
• SMART (Detroit, MI)

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3.1.2.2 Option 2: Cellular Data Transfer – StandAlone

The UTA APC Model 31 CPU is equipped with an integrated global cellular radio (LTE Category 4) capable of operating on a wide range of cellular networks including all major US carriers (Verizon, T-Mobile, AT&T, etc.), and is not restricted to solely HSPA(GSM) or CDMA (Verizon). Raw APC data is transferred automatically from each bus over cellular connection to an APC Data server (optionally UTA-hosted cloud server, or City of Clovis -hosted APC server). APC data present on UTA’s Cloud Server is backed-up and stored for a minimum of five (5) years. The cellular data transfer allows for City of Clovis real-time bus location, passenger load, and bicycle load displays.

Many UTA APC sites have chosen to configure the APC system to enable the onboard cellular capability for APC Data Transfer, including:
• Williamsburg Area Transit Authority (Williamsburg, VA) WATA • Cape Cod Regional Transit Authority (Cape Cod, MA) CCRTA • High Point Transit System (High Point, NC) HPTS
• Niagara Frontier Transit Authority (Buffalo, NY) NFTA Metro (rail) • University of Virginia (Charlottesville, VA) UVA

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3.1.2.3 Option 3: AVL Data Transfer – Integrated

The UTA APC Model 31 CPU incorporates serial RS232 as well as Ethernet (TCP/UDP) connectivity for interfacing with other onboard AVL or ITS systems. In the Integrated configuration, raw APC Data records are generated by the UTA Model 31 CPU, including passenger count information, event type, and diagnostic information. These raw APC Data records are transmitted to the AVL system where they are merged with current time and location data from the AVL’s GPS source.

The AVL provider is responsible for maintaining data quality and integrity, data transfer off the vehicle, and collection on a server/database for access by the UTA Data Processing and Analytic Software. The AVL-Integrated data transfer configuration is often perceived to be less costly or less complex (no need for separate cellular plan for the APC system, no dedicated APC system antenna, etc.).

It should be noted, these data transfer options (Stand Alone vs Integrated are not mutually- exclusive). The UTA Model 31 is capable of collecting, retaining, and transferring APC Data via either of the ‘Stand Alone’ options and simultaneously providing APC passenger count data to the AVL system for any purposes the AVL provider may have for real-time count information.

A number of UTA APC sites have chosen to configure the APC system to integrate with AVL/ITS systems for APC Data Transfer, including:
• Solano County Transit (Vallejo, CA) SolTrans
• Stanislaus Regional Transit (Stanislaus County, CA) StaRT • Racine Transit (Racine, WI) RYDE
• Dallas Area Rapid Transit (Dallas, TX) DART

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3.1.3 UTA APC Sensor Technology

The UTA APC passenger counting sensor is a 3-
D vision-based sensing system manufactured
by Hella Aglaia GmbH. It is capable of being
mounted in a variety of locations over the
doorways at various angles (does not need to
be vertical), any rotation (does not need to be
parallel to the door), and several feet inboard
of the door threshold without any impact on
sensor counting accuracy.

The overhead APC sensor configuration offers
considerable flexibility to mount the sensor
where wiring access is simplified, and aesthetics are improved.

By using sophisticated machine-vision, the Hella sensor is not only able to detect and count passengers with unparalleled accuracy, but it can also distinguish categories, or classes of passengers moving through its field of view. The UTA APC sensor can detect, and separately report Adults, Children, and non-Human objects (e.g., Bicycles).

UTA’s APC sensor represents the current state-of-the art in passenger counting and object-detection technology.

Combining a pair of High Dynamic Range (HDR) color video cameras with sophisticated machine-vision image
processing algorithms developed by Hella GmbH, one of the world’s largest automotive suppliers, the UTA APC sensor is unmatched in accuracy and reliability in passenger counting applications. Hella has drawn upon its experience in
providing adaptive, radar and vision-based automotive
driver-assistance and safety systems (used by some of the world’s premier auto manufacturers) to produce a
passenger counting sensor far superior in capability and performance to other APC sensor technologies
(passive/active infrared, laser, time-of-flight).

In addition to improved accuracy over older APC
technologies, the UTA APC sensor offers a variety of
additional features and benefits not available with other sensors. For example, typical active/passive and time-of- flight APC sensors have a limited field of view, and therefore a fixed limit on the width of doorway which they can accurately detect passenger movement. The UTA APC sensor, by using wide-angle video cameras, is able to monitor a much wider doorway for a given mounting height than infrared technologies. In a typical transit environment, a single sensor can easily monitor a doorway over 5ft in width, where “pencil beam” or overhead infrared technologies may require two, or even three sensors for a similar door width. Furthermore, older overhead sensor technologies required a vertical, or near-vertical mounting location above the “counting line” or the point in the doorway where a passenger count would be recorded. Often, especially in rail applications, the doorway geometry does not lend itself to easy (or aesthetically pleasing) mounting of a sensor at the door threshold.
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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 22 Stereoscopic, color, video cameras continually acquire images from within a user-definable area.

Onboard software evaluates video images, and objects (passengers) within the detection area are identified and tracked by comparing their position against subsequent video frames. A calculated 3D image based on the distances for all pixels to the device is calculated for each frame of video. The color indicates the distance to the device (blue = far, red = near). From this 3D image, passengers and objects are detected and tracked.

3D “Heat Map”

Each UTA APC sensor will communicate with the APC Controller via UDP over Ethernet. Each sensor will be connected Ethernet cabling to an ethernet switch installed near the APC CPU Module. Each APC sensor will be polled by the APC Controller via UDP message every (1) second for passenger count updates.

Upon receipt of Passenger Count Request message, each sensor will respond independently with current (rolling) count values for both boardings and alightings as well as the Door ID# and/or IP address of each sensor for doorway identification.

Being a self-contained processing device, the UTA APC sensor also provides a much more intuitive means of setup/calibration and diagnostics than older sensing systems. The UTA APC sensor provides a Web-Based interface GUI for configurating counting parameters, communication settings, and technician diagnostics. This web interface requires no special software, simply a laptop with a web browser.

A single APC Sensor will be mounted above each vehicle doorway. Mounted inboard of each door, vertically overhead, UTA’s sensors are capable of accurately monitoring passenger movements regardless of door opening width, high or low-floor vehicle, or unusual doorway configurations.

A configurable “floor area” is established via a web GUI (by establishing a connection to each sensor via web browser) which defines the area within the overall field of view of the sensor camera where passenger movement should be identified and tracked.

Within the “floor area”, a “counting line” is established, usually at or near the door threshold, though this can vary depending on the particular doorway configuration, where a counting “decision” is made.

That is, when a passenger crosses the “counting line” when or if to consider passenger movement to be a boarding, alighting, or ignored.

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 23 The parameters of the counting line establish what circumstances determine a “count decision”, a boarding, alighting, or ignored. The direction of travel across the counting line determines boarding/alighting, and time delays can be established to prevent false/erroneous counts, detect U- turns or double-backs.

UTA’s APC sensor achieves accurate (99%-100%) passenger counts through the following capabilities:

Differentiation of Persons
UTA's APC sensor is not affected by variations in ambient light levels, passenger size, passenger volume (bidirectional movements, parallel movements, crowding), or passenger movement speed. Additionally, the APC sensor is capable of separately reporting passenger classes: Adult, Child, non-human objects (e.g., bicycles).

Identification of Objects
UTA’s APC sensor technology is capable of distinguishing non-human objects from human passengers and either omitting non-human objects from passenger counts and/or reporting those counts separately.

Doorway/Sensor Blocking
UTA's APC sensor technology has sufficient field of view and image processing capability to be unaffected by crowding conditions or stationary objects/passengers/crew within the counting area.

Simultaneous Boarding/Alighting
UTA's APC sensors are capable of continuous identification and tracking of passenger densities up to five (5) persons per square meter. Continuous tracking allows for accurate counts in cases of bidirectional movement, double-backs and re-crossings.
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3.1.4 UTA APC System Accuracy

For more than thirty (30) years and in more than one-hundred-twenty-five (125+) UTA APC applications, APC Accuracy evaluations (formal or informal) have taken place at each site. UTA's APC Accuracy has consistently been evaluated to meet or exceed the specifications of the local transit agency.

One the following page is a table of past accuracy evaluations from 1998 through 2019 illustrating UTA APC accuracy as compared with skilled manual checkers. Passenger count data collected by UTA’s APC system regularly concurs with manual counts in excess of 98% both in Boardings and Alightings.

Overall, UTA APC vs. Manual concurrence over 30,000 Boarding/Alighting observations exceeds 98%.

Site Date
Boarding
Concurrence
Alighting
Concurrence Observations
NCSU North Carolina State University
Feb - Apr
2019 100.5% 101.4% 757
WATA
Williamsburg Area Transit Authority
Jan-Feb
2019 99.0% 103.0% 245
DART
Dallas Area Rapid Transit
Aug-Dec
2018 100.0% 102.0% 2135
NFTA
Niagara Frontier Transit Authority 2016-2018 101.2% 100.2% 3307 MST
Monterey-Salinas Transit
February
2018 100.0% 100.0% 86
Victoria, BC
BCTransit July 2017 100.0% 97.4% 392
SORTA
Southwest Ohio Regional Transit Authority
December
2013 100.0% 100.0% 97
ACTransit
Alameda-Contra Costa Transit Authority June 2014 97.0% 95.7% 148 NYU
New York University
January
2016 99.1% 99.6% 947
BU
Boston University May 2016 96.1% 94.0% 287
VIA
Via Metropolitan Transit
July-Oct
2016 99.3% 99.7% 2068
ABQRide
Albuquerque, NM
Feb-Mar
2017 98.5% 98.5% 1162
NFTA
Niagara Frontier Transit Authority 2016-2018 101.2% 100.2% 3307 JTA Skyway
Jacksonville Transit Authority
February
2015 98.9% 97.7% 356
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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 25 MCAT
Manatee County Transit Authority
February
2015 97.9% 97.7% 1062
MBTA
Massachusetts Bay Transit Authority
Sept - Jun
2013 96.0% 97.0% 4662
VINE
Napa Valley Transit
December
2014 98.5% 97.4% 393
TriDelta
Antioch, CA April 2013 97.4% 94.4% 335
COTA
Central Ohio Transit Authority June 2015 98.7% 99.4% 2593 UTA
Utah Transit Authority 2012-2013 99.1% 98.7% 6995
PSTA
Pinellas Suncoast Transit Authority 2012-2013 99.2% 100.0% 247 MACOG
Michiana Area Council of Governments June 2012 100.0% 96.8% 253 MUNI
San Francisco Municipal Railway
October
2011 99.1% 98.6% 919
MARTA
Metropolitan Atlanta Rapid Transit Authority March 2011 96.8% 99.6% 1074 ACTransit
Alameda-Contra Costa Transit Authority 2005 98.0% 98.0% SORTA
Southwest Ohio Regional Transit Authority 2005 99.0% 99.0% LACMTA
Los Angeles County Metro Transit Authority 2002 99.0% 99.0% Omnitrans
San Bernardino, CA 2001 99.5% 99.5% 4200
SEPTA
Southeastern Pennsylvania Transportation Authority 2001 99.0% 98.0% Victoria, BC
BCTransit 2000 98.0% 97.0%
DART
Dallas Area Rapid Transit 1998 99.0% 99.0%
Overall = 98.9% 98.7%

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3.2 UTA APC Analytic Software

The UTA hosted APC Analytic Reporting Tool is a password protected website with an easy-to-access intuitive interface. City of Clovis staff will interact with a user-defined, highly detailed set of reports allowing the user to dynamically query the hosted database. Users are capable of drilling down from macro-analytics (initial summary reports) to micro-analytics (detailed direct individual observations).

The image below is a collage of the of the homepage with the different dynamic query options visualized from our user in Austin Texas. Capital Metro is a large urban transit agency which also provides all the service for University of Texas shuttles. The tool provided offers the users to switch back and forth from Rail to Bus analytics. Users can query either data set intuitively by any day of week, time period, date, route number, bus number or other requested field.

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 27 Route Ridership NTD Statistics
Many transit agencies organize their analytic reporting in monthly route level ridership totals. The UTA Route Ridership NTD Statistics report allows users to select any date range desired by the user and will return the day type average ridership (weekday, Saturday, Sunday, Holiday) ridership during that time frame as well as the total ridership for each route and each day type during the time from. The example below contains both day type averages of UPT (AVG Daily Ridership) and PMT (AVG Daily Pass-Miles) as well as monthly totals for day type UPT (Monthly Ridership) and PMT (Monthly Pass Miles). The report has a single-click export to CSV option to quickly get the report content into a manipulable Excel file and total summary statistics at the bottom for quick answers to requested questions.

…

Drill down to see the time of day results for a specific route and service day.

Another click on the “Trip” hyperlink brings the user to all the individual observations of the trip.

Included in the Saturday service is President’s Day 2/15 when WATA operated Saturday service on a Monday.

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 28 Route Ridecheck
The most basic form of APC analytics is the APC Ridecheck, which shows the direct APC observation per stop from each bus. The APC Ridecheck Report automates the information historically provided by an in-person ridechecker, making detailed and precise bus stop observations available to all users. The Ridecheck Report is often used to collaborate bus rider complaints, but it most prominently utilized when completing the NTD APC certification procedure and validating APC hardware. The UTA APC Analytic Report Menu offers a direct query of the Ridecheck information but users can also navigate to the analytics through other reports as they drill down from macro-analytics to micro-analytics in reports such as Trip Summary, Trip Productivity and Sampling Status report.

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 29 APC Political Jurisdiction Service Statistics
The City of Salisbury, NC Transit service region contains three municipalities. Salisbury Transit is required to report service statistics to the municipal governments of all three municipalities. The UTA Political Jurisdiction report quickly and easily provides the Ridership, Passenger Miles, Revenue Miles and Revenue Hours for each municipality. The report also offers easy export JPG graphs which can be used in presentation as well as standard UTA Analytic Reporting features of immediate export of data to CSV files and Macro- to Micro- drill down analytics.

The buttons on the left side of the graph allow users to click back and forth between statistics without running a new report.

By clicking on each Municipality in the table below users can drill down into analytics for each route inside that municipality only

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 30 Bus Stop Ridership Visualization
The UTA Hosted APC Analytic Reporting Tool also offers quick and easy ability to see APC stop activity data plotted on a map. The example below is from StaRT in Stanislaus County, CA.

Query by Passenger Load
Transit systems which serve large University often have to manage crush boardings and heavy loads.

Since the start of the COVID-19 pandemic monitoring for on-bus loads that don’t allow for social distancing has been an essential use of the APC System. The overcrowding (and its counter-part under- utilization) report directly queries these high-volume (or low-volume) locations and provides all stop records where the bus is over (under) user-defined load capacities.

The Daily Totals – Stop AVG report
quickly visualizes the data tables it
produces and offers a single-click
download of the image or the table.
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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 31 System OTP Maps
The UTA OTP analytics show allow users to dynamically set their own agency definition of On-Time Performance and display the results in a map which can be downloaded as a JPG as well.

If users click on an icon in the map they will get the summary OTP statistics and can click on the hyperlink in the Node ID to drill down into the individual observations. The support table below the map shows the OTP statistics for each node and can be exported into a CSV file with a single click of the mouse. Furthermore, the names of the Node IDs in the table also serve as a hyperlink which allow the user to drill down into all of the individual observations for the node.

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 32 On-Time Performance
This query also provides the system OTP, but this time aggregated by route. Users can also use the hyperlink in the route name to drill down.

The supporting table shows the OTP statistics for each Node in the transit network. By clicking on the hyperlink for the Apollo Heights route the users then see how each timepoint performed during March 2020 in a separate output that opened in a new tab.

Now the user can drill into micro-level individual observations by clicking the hyperlink for any timepoint. A third tab will open without closing either of the previous Macro-level reports. Users can review the when the bus arrived and departed each time point as compared to the scheduled time.

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 33 Stop Ridership Ranking
It is important for transit systems to utilize their stop amenity resources wisely and the Stop Ridership Ranking Report allows users to quickly see which stops get high-volume traffic each day and which stops do not. The stops are ranked by a user-defined field (typically the sum of boardings and alightings at the stop).

The example below is from the Capital Metro in Austin, Texas where the transit agency has many stops on the University of Texas campus. Each stop also has a record for the number of routes which serve the stop.

Ridership By Time of Day / Scheduled Trip
All Transit agencies want to know how routes are utilized throughout the day. The UTA Trip Report produces graphs which show route ridership and max load for each trip throughout the day by direction.

Users can toggle between both directions served by the route without changing screens.

The table which supports the graph allows users to drill down to review each trip individual observation as well as an additional drill down to the stop-by-stop ridecheck which made up the trip. 344
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Segment Running Time Report.

The time it takes the bus to travel from one timepoint to another is a vital piece of information to transit planners whether they work for a university or a transit agency. The since the APC is collected time and location data while matching those records to bus stops it provides extremely accurate travel time information between stops in addition to ridership. The Runtime Plots for each node-to-node segment of each route are popular visualization produced by the UTA hosted APC Analytic Reporting tool. Below is an image from Route 1 at GoDurham in Durham, NC.

3.2.1 FTA National Transit Database (NTD) Reporting

For more than three (3) decades, UTA APC users have been meeting NTD (previously Section 15) reporting requirements using UTA APC data. Critical to UTA’s NTD Reporting are the highly developed APC Administrative Control software modules that assure high quality APC data being available for NTD Reporting. UTA’s APC Diagnostics, Data Quality Codes, Filter/Edit Algorithms, Sampling Status, Deployment Plans, Reference File Quality Control are but a few of UTA APC Administrative Control elements that result in high quality APC data for both NTD and non-NTD reporting.

NTD Reporting is a natural by-product of a UTA APC system. The UTA APC system has achieved a 100% FTA approval rating by identifying and filtering out any potential bias in Unlinked Passenger Trips (UPT) and Passenger Miles Travelled (PMT) due to APC data anomalies caused by operational conditions and/or equipment malfunction.

Critical to successful NTD Reporting is the calculation of Passenger Miles. UTA’s APC Software automatically calculates Passenger Miles for each bus stop by multiplying the Passenger Load by the Inter-Stop Distance. With highly refined EOL Load Balancing algorithms assuring an accurate Passenger Load at each bus stop and algorithms that convert Lat/Long change into Inter-Stop Distance, UTA’s APC Passenger Mile variable is highly accurate and auditable down to the bus stop level. Along with an accurate UTA APC Ridership variable, the Passenger Trip Length (PTL) is a standard output of UTA’s Route Ridership Report.

UTA will provide UTA’s standard NTD Certification outline and process definition within one (1) week after NTP. UTA will have the responsibility of preparing the NTD/APC document within two (2) weeks 345
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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 35 after City of Clovis completes the Qty=15 Manual Ridechecks which will be compared with corresponding APC data in order to assure compliance with FTA’s UPT and PMT concurrence requirements (95%).

Included in UTA's project team for the City of Clovis APC Reporting application is Mr. Keith Gates. For approximately ten (10) years before retirement in late-2015, Mr. Gates was FTA's NTD Program Manager. There is not a more qualified/knowledgeable individual relative to FTA's requirements of NTD reporting. Mr. Gates will provide the statistical review of City of Clovis’ Alternative Sampling Plan.

Over the past five (5) years, UTA and FTA NTD staff meet regularly to discuss the application of UTA's APC system to NTD Reporting. FTA staff noticed the large number of UTA APC users that were successfully generating NTD Reports in contrast to the number of transit agencies utilizing non-UTA APC systems that were not able to generate NTD reports.

Below is a table of UTA APC accuracy as calculated during NTD Certification Procedures for FY2019.

These surveys must be completed after APC installation in order to use APC data for NTD UPT and PMT statistics and subsequently in every fiscal year (FY) divisible by 3.

Certification
Year
Transit Agency City Manual
UPT
APC UPT UPT %
Diff
Manual
PMT
APC PMT PMT %
Diff
FY2019 Bloomington, IL 378 397 103.4% 907 898 99.0%
FY2020 Columbia, MO 98 101 102.0% 255 258 101.0%
FY2019 Asheville, NC 170 178 104.7% 596 584 98.0%
FY2019 Columbus, OH 1,125 1,094 97.2% 5,344 5,329 99.7% FY2019 Fayetteville, NC 356 372 104.49% 1,478 1,428 96.7% FY2019 Durham, NC 664 657 98.9% 2,167 2,210 102.0%
FY2019 Gainesville, FL 1,785 1,786 100.1% 4,947 5,186 104.8% FY 2019 Greensboro, NC 441 440 99.8% 1,879 1,961 104.4% FY2019 Highpoint, NC 200 208 104.0% 542 557 102.7%
FY2020 Jacksonville, FL 814 856 104.6% 4,292 4,131 96.3% FY2020 Mishawaka, IN 182 179 98.4% 1,173 1,188 101.3%
FY2016 Bradenton, FL 681 700 102.8% 3,779 3,617 96.0%
FY2019 NCSU 753 757 100.5% 1,224 1,263 103.2%
FY2019 Piedmont, NC 139 145 104.32% 2501 2409 96.3%
FY2020 Albuquerque, NM 565 579 102.5% 2,151 2,168 100.8% FY2019 Racine, WI 242 251 103.7% 838 869 103.8%
FY2017 Ventura, CA 303 317 104.6% 6,667 6,959 104.4%
FY2020 Boise, ID 337 329 97.6% 2,013 2,007 99.7%
FY2019 Williamsburg, VA 302 302 100.0% 1,636 1,566 95.7% FY2016 Missoula, MT 578 599 103.6% 2,172 2,244 103.3%
FY2019 Pinellas, FL 943 938 99.5% 5,181 5,428 104.7%
FY2019 Dallas, TX 1,172 1,175 99.74% 5,611 5,539 101.31% 346
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3.3 UTA Administrative Control Reports

Essential to City of Clovis’ successful implementation of NTD Reporting and Monthly Analytics is the deployment of the Qty=14 APC-equipped buses in order to obtain unbiased and comprehensive samples.

Without feedback on the APC sampling and a plan to deploy the sub-fleet of APC-equipped buses, it is not possible to achieve the necessary unbiased sampling and confidence interval for City of Clovis Annual and Monthly FTA NTD reporting.

Examples of these UTA Administrative Control reports are presented below:

APC Diagnostics
An important part of the UTA APC Analytic Reporting Tool is the ability to review how well the hardware is functioning. Each tool has a quick 7-day diagnostic check of each vehicle to confirm if it is producing good count data or not. Maintenance staff can review the status of each individual but to confirm which bus and what part on that bus needs maintenance and all users can see how the system is performing overall. The example below is a recent result from the University of Virginia where UTA APCs have been installed for eight (8) years (2012). Bus 12432 APC sensors are still performing excellent counting 1,355 Boardings and 1,374 Alightings (Percent difference of 1.4%) over the past week.

The results show that over the seven (7) days twenty-nine (29) of thirty (30) buses have produced good valid APC data. Maintenance staff reviewing this report will confirm that 17232 has not be used in revenue service over the past week.

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3.2.2 APC Sampling Status

Understanding how well each trip is sampled by the APC with good, valid APC data is imperative in trusting the analytics. The APC Sampling Status Report will show when a route has trips unsampled.

The example below shows two trips on the Lee Hall route on Saturday that are unsampled.

By click the Lee Hall hyperlink it becomes easy to identify that the 6:00 AM and 6:30 trips have not been sampled.

After clicking on the block hyperlink, the user can see why the trip was not sampled. The daily trips from 2/6/2021 show the bus never arrived at the official EOL on for the 6:00 AM trip and thus didn’t make the start of the 6:30 AM trip.

After clicking on the Date hyperlink, it shows the bus just layover at the first stop for the entire hour of 6:00 and didn’t complete the trip. The trip has not been operating due to lack of demand.

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3.2.3 APC Deployment Plan

Presented below is deployment plan for the week of May 20 – May 26 based on the trips unsampled for the current month up to today’s date. The deployment plan optimizes the blocks based on the length of the blocks and automatically deploys ‘AM Tripper’, ‘PM Tripper’ and ‘All Day’ Block with priority.

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3.2.4 Trip SOL EOL Matching

A standard data quality control metric that the UTA Administrative Control Analytics monitors is the matching of the first and last stop of each trip based on time and location. If the first and last stop of a trip do not match at a high frequency (>90% of all observations) it is an indication of operation inconsistency with the schedule, a stop/schedule reference file typo or an APC data anomaly. All of these scenarios need to be identified, remedied and have the data reprocessed so the anomalous records are eliminated from the data set historically and permanently. In the example below it shows the Trip SOL/EOL Matching Report drill down capability quickly allowed the user to see the big picture and quickly identify the cause. In the example below a typo in the stops.txt file of the GTFS feed had stop SOL stop record “Schaub Dr at Sandlin Pl – Depart” show no decimal points in the stop_lat (39.00) and stop_long (-78.00). Once identified the geocoding was fixed and the data was reprocessed.

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3.2.5 APC Reference File Quality Control

With appropriate review of transit schedules and geo-coding information from one schedule change to another, transit agencies implement a successful APC Reference File Quality Control procedure to provide accurate reports and analysis. UTA will apply its APC Reference File Quality Control measures at City of Clovis to identify scheduling and/or geo-coding anomalies. In a UTA hosted configuration the reference file quality control checks are completed by UTA staff who will reach out to City of Clovis if anomalous schedule information needs to be rectified.

3.2.6 Automated Overnight APC Data Processing

UTA’s APC Reporting Software begins with an overnight APC data processing routine scheduled to start after the last bus comes into the garage for the night; and is designed to complete before schedulers and planners arrive each morning. The goal of UTA’s APC Reporting Software provides schedulers and planners a complete set of Next-day analytics at their fingertips that is valid and comprehensive.

In the UTA-hosted configuration data processing is stored and maintained in the UTA cloud and doesn’t require any maintenance form City of Clovis staff.

Automated Overnight Data Processing Input
The overnight data processing requires the following reference files at the start of each schedule period.

APC Reference File Data Source APC Function
Master Schedule GTFS/ City of Clovis Service Provided
Bus Stop Calibration GTFS/ City of Clovis Bus Stop Identification Calendar GTFS/ City of Clovis Determine Service Schedule APC BUS City of Clovis /UTA Provides List of Active APC Vehicles Route Exception UTA Routing Idiosyncrasies

Automated Overnight Data Processing Output
The data processing output will be a fully loaded and comprehensive database that will support the UTA APC Analytic Reporting website. City of Clovis staff can also access the database via other software application they might have such as ArcGIS, Tableau, PowerBI, Crystal Reports, Microsoft Access etc.

UTA Data Processing Algorithms
In the practical day-to-day operation of a transit system, deviations from normal operating proce- dures sometimes occur. Given a degree of transit operational anomalies and APC system anomalies, the proprietary UTA Data Processing Algorithms developed over the 30+ years serve a critical role by filtering out and/or correcting/salvaging anomalous data. Two (2) examples of such algorithms are described below.

• UTA Trip Balancing Algorithm
Typical APC sensors generate APC Passenger Counting accuracies in the 95%+ range. UTA APC Trip Balancing algorithm identifies any discrepancy in the total boarding and alighting and balances the trip total by applying the missing boardings/alightings to appropriate bus stops.
• UTA End of Line Load Adjustment Algorithm
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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 41 To prevent APC hardware counting errors to propagate from trip to trip, UTA’s APC Load Adjust algorithm identifies illogical passenger load at the end of the line location and adjust the load to a logical value. UTA's advanced EOL Load Adjustment algorithms provides more accurate passenger loads and passenger miles for NTD reporting and other analytical needs than more simplified EOL Load Adjustment algorithms.

3.2.7 Real-Time Passenger Load Capability - Optional

The benefits of using cellular APC data transfer are both reliability and the opportunities of real- time APC data. The UTA APC system offers a real-time passenger load module which can inform City of Clovis dispatchers and staff where heavy loads and bus bunching is occurring in the City of Clovis network. The image of the UTA interface below from Tempo Line buses in Oakland, CA shows the buses traveling on the street network in real-time with color coded icons demonstrating the current load levels on the bus. Users may select from different alert notifications such as screen pop-ups when a bus reaches the overcrowding threshold, email alerts, color coded icons and table rows flashing. The table to the right of the image allows users to sort active status by user-defined statistics. During the COVID-19 pandemic UTA added the ability for users to define their own bus capacity levels to meet their local social distancing requirements.

UTA APC hardware and data transfer also supports exporting the APC count, location, bike rack usage and time status to different transit agency vendor applications in real-time. Currently, UTA is providing APC data for real-time display to Transloc in High Point, NC, Swiftly in Williamsburg, VA, Transit APP in Antioch, CA.

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 42 4 Installation and Training

4.1 APC Equipment Installation

Installation of UTA’s APC system is typically performed by UTA technicians with years of experience (10- 15+) and/or UTA-trained subcontractors under the supervision of a senior UTA technician. UTA’s technical/engineering staff represents over 120 cumulative person-years of implementing successful APC systems on practically every transit vehicle type in operation since the 1970’s including all vehicle types operated by City of Clovis. UTA installation staff has unparalleled understanding of what is required to implement successful APC systems in the often difficult and harsh operating environment of public transit.

Installations of the UTA APC system are typically coordinated on a daily basis with local maintenance and operations staff to determine a specific installation location, rate, and working hours which minimize impact to the transit operation, while allowing the APC installations to progress at a mutually agreeable rate. UTA’s technicians and/or subcontract installers are accustomed to working overnights and off-hours to minimize vehicle downtime and impact to normal transit operations.

UTA technicians and installation staff are fully equipped and self-sustainable and require little, if any, assistance or resources from local maintenance staff. UTA does not require maintenance-bay space, special tools, or other local resources. UTA is accustomed to completing APC installations outdoors or in locations where impact to normal maintenance operations are minimized.

4.2 APC Equipment Transfer

UTA’s APC system is designed for the rugged transit operating environment and regularly serves beyond the useful life of transit vehicles (10-15+ years). It is not uncommon for UTA APC on-bus hardware to be removed and transferred from retired vehicles to new vehicles, sometimes multiple times.

UTA is well experienced in transferring APC equipment and can perform APC Equipment transfers for UTA APC customers or support local staff in making the transfer. Typically, UTA recommends transferring the major APC components only (CPU, Sensors, etc.) and installing new APC cabling where appropriate due to the relatively low cost of APC cabling and the potential for damage to cabling during the removal process. Ultimately, it is the decision of the APC user to determine how much of the APC system to transfer.

Time to remove APC equipment from a retired vehicle is typically under one (1) hour. Time to install on a new vehicle can vary from 2-4 hours depending on vehicle type and APC options selected (Multi-Position Bicycle Rack Monitoring, for example).

The following APC training sections are applicable to implementation of the APC system. During the execution of this project, City of Clovis staff will determine the degree of APC Training and Documentation to be provided to City of Clovis staff. Presented in this section is a description of standard APC Training and Documentation.

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4.3 Training

APC Software Training
The objective of the APC Software Training is for City of Clovis to achieve a level of competence in understanding and operation of the APC Analytic Software package that City of Clovis becomes totally independent of any UTA’s support while realizing the full analytic value of the APC system.

The specific durations of the APC Software Training elements presented below are subject to mutual agreement between UTA and City of Clovis.

The APC Software Training will begin after all of the APC Analytic Software has installed/tested and is routinely generating a standard set of APC reports/plots. The components of the APC Software Training are presented below:

APC Analytic Report Menu Training
The initial training will cover how to use the UTA APC Analytic Reporting web site and review what analytic content is available from the web site. This training session will consist of a minimum of two 1.5 – 2 hour session and can be conducted on-site or remotely via a video conferencing preferred by local City of Clovis IT (Zoom, Teams, WebEx, etc.) The first session will be a comprehensive review of the web site where each analytic report will be generated and UTA and City of Clovis staff will review all of the content and the mechanics of running a report. One goal of the first session is for local City of Clovis staff is to inform UTA of any customization they request out of the tool, notably different fields it will want added or removed from the reports. If there is a historic analytic that City of Clovis needs the APC system to replicate or staff has a new report request from another agency this session is the time to review it.

In the second session we will review the web site analytics for practice and confirm the customizations requested by City of Clovis have been added to the staff’s satisfaction.

Since the City of Clovis configuration will be UTA hosted the UTA APC overnight data processing will only be quickly reviewed since this will be managed by UTA staff. The data processing reference file input will be the focus of this portion of training.

APC NTD Certification Training
After City of Clovis staff demonstrates satisfactory proficiency in the execution of the APC Report Generation; the next session will address the APC NTD Certification Training.

This session will present to City of Clovis staff and management the FTA provided guidelines and procedures for how to get the City of Clovis system certified for NTD reporting. In early 2017 the FTA published a newly defined procedure for NTD certification. This procedure must be repeated by the transit agency in every fiscal year divisible by 3 (2022, 2025, 2028, etc.). This training will explain how to get this task completed and include a UTA Best Practices guide to performing on-bus (or video) ridechecks which validate the accuracy of the APC data. The NTD certification procedure typically services as the APC validation procedure for transit agencies when purchasing a new APC system.

APC System Administration
At this point in the APC Software Training cycle, City of Clovis staff should be executing all procedures quite well. Again, if this is not the case, UTA will allocate time/resources to eliminate any APC Software operation related problems.
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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 44 This session will present to City of Clovis staff and management those areas of APC operation that should be closely monitored/reported to achieve a continual high level of APC performance. Many of the areas addressed in the APC System Administration training will concentrate on the transfer of information relative to the APC system to other City of Clovis departments. Communication of APC maintenance tasks/corrective actions, APC vehicle deployment, APC data yields, Sampling priorities, Analytic Report requests, etc. are the types of subjects that will be defined in this session.

It is the policy/practice of UTA to provide indefinite APC Software support to UTA APC users.

APC Hardware Maintenance Training
On site APC hardware training conducted by the same experienced UTA technicians that installed the APC equipment at City of Clovis will be provided in APC hardware-training sessions. As with the APC Software Training, the objective of the APC Hardware Training is to make the City of Clovis completely self-sufficient in the long-term support of the APC system.

The APC Hardware Training can be scheduled over multiple sessions. Quite simply, UTA’s APC system does not fail very often. As a result, the APC training given to local transit maintenance staff does not get practiced very much and the APC maintenance skills obtained in the initial APC training tend to atrophy from lack of application.

An initial introduction/explanation of the APC system is appropriate along with detailed exposure to the APC maintenance procedures. Presented below are the topics to be covered:

APC Maintenance Training
o Review On Board Wiring Runs and Terminations
o Review APC Equipment Repair Manual
o Input Power Placement
o Counting Sensor Placement and Adjustment
o GPS Subsystem (Review of UTA APC Diagnostics)
o WLAN/Cellular Data Transfer
o Discrete Inputs (doors)
o Use of Diagnostic Laptop Computer
o Common Problems/Repairs
o Setup of APC Bench Test Area

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4.4 Project Schedule

Presented below is a preliminary project schedule for the installation and implementation of the UTA APC System at City of Clovis.

The project schedule can be altered to accommodate City of Clovis’ local preferences. UTA will commence hardware installation within one (1) week of Notice of Award. UTA’s APC Software and Reporting systems will be installed independently of the on-bus hardware and be fully operational within two (2) weeks after the installations begin.

Notice of Award
Once the Notice of Award is issued, UTA will start assembling parts and scheduling installations to commence in two (2) weeks.

Software Setup
Upon Notice of Award, UTA will start to configure the APC data processing and reporting software. UTA will communicate with City of Clovis Planning and Scheduling staff relative to the schedule and geocoding exports.

Fleet Hardware Installations
Hardware installations will begin two (2) weeks after the Notice of Award. UTA will work with operations and maintenance staff to arrange appropriate locations for staging materials and performing installations.

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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 46 Software Commissioning
After the initial installation of the APC on-bus hardware, data will be available to configure/test UTA’s APC software with current City of Clovis APC data.

NTD Certification - Manual vs APC Analysis
It will be City of Clovis’ responsibility to execute Manual Ridechecks on at least Qty=15 City of Clovis Trips operated by APC-equipped buses to be compared with the corresponding APC data in order to assess the accuracy of the APC system. UTA and City of Clovis will execute the Manual/APC comparison in parallel. City of Clovis will inform UTA of the Dates and Bus Numbers on which Manual Ridechecks were performed. UTA will provide processed and raw APC data to City of Clovis for comparison. Upon City of Clovis’ receipt of the APC data, City of Clovis will provide copies of the Manual data for UTA review. City of Clovis and UTA will present summaries of the Manual/APC comparisons for review/rationalization.

The completed Manual/APC comparison will be included in The City of Clovis’ NTD/APC application to FTA.

NTD Certification - Finalize Benchmarking Plan Document The benchmarking plan documents must be written. In each annual NTD reporting policy manual FTA lists a series of questions which must be answered in this benchmarking plan document. A separate document will need to be written for each mode that will be certified. These documents can start being written before the end of the APC v Manual comparison. Once the documents are finalized and the Manual/APC Ridecheck comparisons are completed, City of Clovis’ NTD/APC proposal can be submitted to FTA.

Initial APC User Software/Report Training
Given the priority of NTD certification, it is probably best to focus most of the initial attention on APC analytics on the certification process. However, once the benchmarking plan is submitted, the focus of the project can turn to familiarization and training with the reporting software. Typically, this process takes the form of 1-2 full days of UTA staff meeting with City of Clovis staff at City of Clovis offices to review the many different analytic options present in the UTA reporting software. The exact schedule of this training can be determined by City of Clovis preferences but could take place as soon as the efforts associated with the NTD certification process and all vehicle installations are complete.

Initial Maintenance Training
UTA can start familiarizing and training City of Clovis maintenance staff with the APC system installed on the fleet. Depending on City of Clovis preference and UTA staff availability this can potentially take place during the installation phase(s). A tentative schedule would place the APC maintenance training as soon as City of Clovis desires.

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UTA considers the support of an APC system to be as equally important as the on-vehicle hardware and analytic software in a successful APC implementation. Presented below is a description of a common UTA APC Support agreement:

5.1.1 Objective
It is the objective of UTA to provide City of Clovis with APC-generated information that will directly improve the productivity and quality of City of Clovis service for the tenure of the APC Support agreement.

On-Bus Hardware Maintenance and Support
On the APC Server, each morning at 03:00 AM local, UTA’s APC Diagnostic software applies a number of diagnostic algorithms to the raw APC data in order to obtain a reliable assessment of APC data quality and quantity. The APC-equipped buses with maintenance needs are identified. UTA will assume primary responsibility for the review of the APC Diagnostics and the subsequent identification of buses that require APC maintenance. APC Diagnostic information will be posted to the APC Analytic Reporting Tool web site that is accessible to City of Clovis staff. Automated emails with the reports can be generated as well.

UTA will provide the labor and materials that will allow City of Clovis to maintain a satisfactory APC Data Yield for the term of the contract. APC Data Yield is defined as the ratio of Valid Data Days and the Total Chronological Days in a given period. The term ‘satisfactory APC Data Yield’ will be defined as providing a statistically valid sampling of all Weekday City of Clovis revenue service each week. The APC system will be maintained at an optimal level in order to produce an 3-5 samples of each Weekday Revenue Trip during a given week.

To achieve this level of performance, UTA will provide an average 2-3 week response time to address APC system malfunctions. If the overall APC Data Yield approaches an unsatisfactory level for a given chronological period (week, month), UTA will dispatch the appropriate number of APC technicians to address the APC maintenance needs and return the APC Data Yield above the target APC Data Yield threshold.

UTA technicians headquartered in Cincinnati, OH will provide on-site APC maintenance which will be performed primarily on evenings and weekends.

The following outlines the contact information and response policy for City of Clovis-initiated requests and inquiries.

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Priority Category Examples UTA POC Support Hours and
Response Policy
Noncritical Issues General Inquiries

Any issue not having
major impact on APC
system functionality
Nick Fischer
(513) 961-0099
[email protected]
Hours of Availability
(8 a.m. – 5 p.m.)
and response time
(within 24 hours)
Critical Issues

Issues having a
severe impact on
system functionality
David Vanderputten
(513) 961-0099
[email protected]
Response time
within 24 hours

In the event that a particular APC component exhibits a consistent failure rate, UTA will provide a complete replacement for the subject component.

This APC Maintenance agreement covers all APC malfunctions that result from normal transit operations consistent with the frequency and type of APC malfunctions that have been observed at Florida transit agencies. APC failures of high frequency and magnitude attributable to unusual vandalism, gross negligence, and/or acts of nature will not be included in the APC Maintenance Agreement. UTA and City of Clovis will negotiate the remedy of such unusual conditions.

Repairs that are not associated with or attributable to vandalism but are associated with component failure shall be guaranteed for at least ninety (90) days after the last UTA APC maintenance corrective action. In the event the repaired component fails again within 90 days, UTA agrees to repair or replace the component at no further expense to City of Clovis. City of Clovis recognizes that there may be instances of unusual or extreme circumstances where multiple conditions or factors are contributing to the component failure. UTA will be responsible for notifying City of Clovis of such unusual or extreme circumstances. In such instances, the ninety (90) day period may be deferred by mutual consent of City of Clovis and UTA.

Within three (3) business days of each UTA APC Maintenance application at City of Clovis, UTA will summarize the APC Maintenance efforts in an Excel file that contains: Date, Bus Number, Time of Day, Problem Reported, Diagnosis, and Corrective Action. The maintenance records will be provided via e- mail to City of Clovis.

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5.2 APC Software Support

In addition to executing on-bus APC equipment maintenance UTA will also provide support in the administration and management of the APC Software component of City of Clovis’ APC system.

Review/Summarization of On-Bus APC Hardware Performance On a quarterly schedule, UTA will provide City of Clovis with a summary of APC Data Yield along with a summary of APC equipment performance status. This information will provide City of Clovis management and staff with an up-to-date status of the APC system. City of Clovis will also have access to APC Diagnostics and APC Data Yields via the UTA APC Analytic web sites (automated emails containing diagnostic status are also available).

APC Maintenance Summary
Upon City of Clovis request, UTA will provide a summary of the APC maintenance performed on each APC-equipped bus during the previous period. All APC maintenance will be electronically stored in an Excel file that would contain the following information: Bus No., Division, Date, Time of Day, Technician, Problem Reported, Corrective Action, Materials Applied, and Repair Time Required. The APC Maintenance Summary will be provided in both an MS Word document and Excel export.

Schedule Export/APC Conversion
For each schedule period, City of Clovis will provide UTA with a GTFS export and other data as required to create a Schedule Export in the specified APC format. UTA will also execute the Data Quality checks that will identify any anomalies/errors/omissions in the Master Schedule file export. UTA will communicate the results of the Reference File Quality review to City of Clovis for resolution.

Bus Stop and Time Point Export/APC Conversion
Similar to the GTFS export, UTA will support and assist City of Clovis staff in the setup of Bus Stop and Time Point reference files for each schedule period.

For each schedule period, UTA will execute the conversion of City of Clovis’ Bus Stop and Time Point export into the specified APC format. UTA will also execute the Data Quality checks that will identify any anomalies/errors/omissions in the Bus Stop and Time Point exports. UTA will communicate the results of the Data Quality review to City of Clovis for resolution.

Post Schedule Change APC Data Quality Review
After one (1) week of APC data collection in a new schedule period, UTA will assist and support City of Clovis staff in executing a number of APC Administrative Control analyses that will identify any inconsistencies/anomalies in the APC data that require resolution. Examples of analyses include:

Sampling Status - Check for missing Routes
Trip SOL/EOL Matching - Check for SOL/EOL anomalies
Not Identified Bus Stops – Check for missing Bus Stop geo-coding 360
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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 50 From this APC Data Quality Review, UTA and City of Clovis staff will execute any necessary revisions to the schedule and geo-coding files, re-execute the file conversion, and reprocess the set of APC data collected since the start of the schedule period.

Monthly and Schedule Period APC Data Processing Setup
UTA will assume responsibility for executing the changes to the standard automated APC data processing modules. For each schedule period, the APC Data Transfer, APC Diagnostics, APC Automated Assignment, APC File Creation, and APC Database Loading modules will be modified to reflect the correct parameters and schedule period.

Route Idiosyncrasies Identification/Setup
As needed, UTA will execute the setup and any applicable modifications to APC algorithms to reflect unusual service operating conditions. Factors such as construction, special events, customer requests, etc. may require modification to standard APC software procedures. UTA and City of Clovis staff will collaboratively identify the operational condition and, if appropriate, UTA will adapt the APC software to accommodate the unusual operating condition.

Latest versions of UTA APC Analytic Reporting Tool
City of Clovis will have access to a password-protected secure web page with an analytic reporting tool to query all of their APC data.

Ad-Hoc APC Reporting
UTA will provide support to meet ad-hoc reporting requirements that fall outside the standard APC Reporting website. Examples include: APC data exports requested from outside organizations (consultants, MPO’s, etc.), special requests from senior management and/or local political leaders, NTD audits, and other non-standard requests.

APC System Performance Status Meetings
On quarterly or semi-annual basis, UTA and City of Clovis will hold meetings to discuss APC System status and near-term APC plans. Included in these APC status meetings will be staff from City of Clovis Planning and Scheduling departments in order to assure that City of Clovis analytic needs are being met with City of Clovis’ APC system. 361
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Urban Transportation Associates, Inc.Copyright © 2018. All rights reserved. 4240 Airport Rd, Suite # 212, Cincinnati, Ohio 45226. Tel (513) 961 0099 Fax (513) 961 0132 Page 52 7 Affidavits and Certifications

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1 COST PROPOSAL

Contractors are to complete the tables for the components they are bidding on. For any other costs not listed, please input t hem in the blank sections.

The Contractor must submit a line -item breakdown, detailing the overall cost for each category they ar e bidding on. (e.g. Hardware – Sensors, GPS Unit, Router, etc.) Please indicate if there are any savings/discounts if multiple components are awarded.

A. CAD/AVL/AVA Year 1 Year 2 Year 3 Year 4 Year 5
CAD/AVL Hardware
AVA Hardware
Head Sign Control Hardware
MDTs/Tablets
Setup/Installation
License
Service/Support/Maintenance
Training
Spare Parts

Total CAD/AVL/AVA:

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2 B. Passenger Infotainment Year 1 Year 2 Year 3 Year 4 Year 5 Infotainment Hardware
Setup/Installation
License
Service/Support/Maintenance
Training

Passenger Infotainment Total:

C. APC’s Year 1 Year 2 Year 3 Year 4 Year 5
APC Hardware (14)($3437) $ 48,118
Installation (14)($475) $ 6,650
Software $ 18,750
Service/Support/Maintenance $ 0 $ 4,500 $ 4,500 $ 4,725 $ 4,961 Training $ 5,500
Spare Parts $ 0 $ 1,000 $ 1,000 $ 1,050 $ 1,102

APCs Total: $ 79,018 $ 5,500 $ 5,500 $ 5,775 $ 6,063
Optional – Multi Slot Bike Rack Mntrg $ 6,090
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3 D. Real-Time and Historical API’s Year 1 Year 2 Year 3 Year 4 Year 5 Setup/Installation $ 6,500
License (14buses)(12mo)($8/bus/mo) $ 1,344 $ 1,344 $ 1,411 $ 1,482 $ 1,556 Service/Support/Maintenance $ 1,250 $ 1,250 $ 1,312 $ 1,378 $ 1,447

APIs Total: $ 9,094 $ 2,594 $ 2,723 $ 2,860 $ 3,003

E. Courtesy Passenger Wi-Fi Year 1 Year 2 Year 3 Year 4 Year 5 Wi-Fi Hardware
Setup/Installation
License
Service/Support/Maintenance

Wi-Fi Total:

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4 F. eDVIR Year 1 Year 2 Year 3 Year 4 Year 5
eDVIR Hardware
Setup/Installation
License
Service/Support/Maintenance
Training
Spare Parts

Wi-Fi Total:

Proposal Totals Year 1 Year 2 Year 3 Year 4 Year 5
A. CAD/AVL/AVA
B. Infotainment
C. APC’s
D. API’s
E. Passenger Wi-Fi
F. eDVIR

Proposal Total:

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CONFIDENTIAL
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39 CHECK LIST
This Checklist is provided to assist vendors in the preparation of their RFP response. Included are important requirements the Contractor is responsible to submit with the RFP package in order to make the RFP compliant.

Check off each of the following (if applicable):

1. X Signed cover page of Request for Proposal (RFP).

2. X Check https://pbsystem.planetbids.com/portal/14742/portal-home for any addenda.

3. X Signed cover page of each Addendum.

4. X Provide a Conflict of Interest Statement.

5. X
Signed Trade Secret Form as provided with this RFP (Trade Secret Information, if provided, must be electronically submitted in a separate PDF file and marked as Confidential).

6. X Signed Debarment Certification Form as provided with this RFP.

7. N/A
Provide a Criminal History and Civil Actions Disclosure Statement, if applicable, as instructed in this RFP.

8. X Signed Participation Form as provided with this RFP.

9. X The completed Reference List as provided with this RFP.

10. X
Indicate all of Contractor exceptions to the City’s requirements, conditions and specifications as stated within this RFP.

11. X
Contractor’s proposal, in PDF format, electronically submitted to the Bid Page on Planet Bids.

Return Checklist with your RFP response
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ATTACHMENT 2

CITY OF CLOVIS

CONTRACT SERVICES AGREEMENT

This Contract Services Agreement ("Agreement") is entered into between the City of Clovis, a California general law city ("City") and Urban Transportation Associates, Inc. ("Contractor ") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on ____________ ("Effective Date").

RECITALS

City desires to obtain an Automatic Passenger Counter System (“APC”), more fully described in Exhibit A, and, if applicable, as further set forth in the proposal from Contractor attached as Exhibit B, which are incorporated herein by reference.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Contractor agree as follows:

AGREEMENT

1. Scope of Services. Contractor shall perform the Services described in the Recitals and detailed in Exhibit A and Exhibit B attached hereto and incorporated herein by reference. Changes in the Scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and schedule/term, as applicable.

2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement and/or Exhibit A conflict with Exhibit B, this Agreement and Exhibit A shall control. No contractual terms and/or conditions found in Exhibit B shall purport to waive, disclaim, or limit Contractor’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Contractor.

3. Term of Agreement; Commencement of Services; Schedule. The term of this Agreement shall commence on ________________, and Contractor shall begin performing the Services on that date, unless otherwise instructed by City. This Agreement shall terminate on June 30, 2027, unless extended beyond that date by mutual consent of the Parties. This Agreement may be terminated prior to the end of the term pursuant to Section 26 and 27 herein.

Contractor shall perform the Services according to the schedule set forth in Exhibits A and/or B, as applicable. If no schedule is set forth in Exhibits A and/or B, City and Contractor shall mutually agree on a schedule for performance of the Services and completion of any deliverables. The schedule shall be subject to modification based on the City’s operational needs. City will notify Contractor in advance of any modification to the schedule.

4. Payment for Services. City shall pay Contractor for the Services performed pursuant to this Agreement according to the rate(s) stated in Exhibit A and reimburse Contractor for expenses incurred as described in Contractor’s Proposal, which is set forth in Exhibit B, as applicable. The total amount paid for Services and expenses reimbursed by City to Contractor under this Agreement shall not exceed one hundred thirty thousand four hundred dollars ($130,400.00).

The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Contractor for Services satisfactorily performed pursuant to this Agreement. Contractor shall 376
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submit monthly invoices to City containing detailed billing information regarding the Services provided and unless otherwise specified in Exhibit A, City shall tender payment to Contractor within thirty (30) days after receipt of invoice.

5. Independent Contractor Status. Contractor and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents or volunteers of City. Contractor is engaged in an independently established trade, occupation, or business to perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business.

Contractor is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Contractor’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Contractor’s employees or subcontractors, any claim or right of action against City.

6. Acknowledgement. Contractor acknowledges, warrants, and represents that they have thoroughly investigated the scope of work to be provided by the Contractor and has examined all of the Exhibits, and all referenced reports, and has examined the installation site for equipment and/or materials which they have agreed to supply herein and is familiar with the local conditions which may affect their manufacture and delivery of said equipment and that except as provided for herein, he will make no claims for additional compensation over and above as set forth in the bidding documents and Exhibits.

7. Qualifications. Contractor represents that Contractor has the qualifications and skills necessary to perform the services under this Agreement in a competent, professional manner, without the advice or direction of City. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the services required under this Agreement constitutes a material breach of the Agreement.

Contractor has complete and sole discretion for the matter in which the work under this Agreement will be performed.

8. Key Personnel. Contractor agrees and designates the following Project team members as “Key Personnel:
 CEO/President: Thomas W. Kowalski
 Chief Technical Officer: David Bosshammer
 Field Engineering Manager: David Vanderputten
 Transit Statistician: Keith Gates
 Administrative Manager: Debbie Scheetz

Contractor agrees that said Key Personnel will be able to dedicate one hundred percent (100%) of their time to the Services, as needed, for the successful and timely completion of the Project.

9. Contractor Representations; Standard of Care; Compliance with Law. Contractor represents that Contractor and any subcontractors utilized by Contractor are and will be qualified in the field for which Services are being provided under this Agreement and Contractor and any subcontractors are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Contractor and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with all applicable laws, regulations, and industry standards. Contractor shall comply with all Labor Code requirements for public works projects if applicable to Contractor’s work under this Agreement.

10. Identity of Subcontractors. Contractor shall, before commencing any work under this Agreement, 377
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provide to City in writing: (a) the identity of all subcontractors, if any, Contractor intends to utilize in Contractor’s performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Contractor shall only employ subcontractors pre-approved by City and in no event shall Contractor replace an approved subcontractor without the advance written permission of City, with the understanding that City's permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Contractor shall be liable to City for the performance of Contractor’s subcontractors.

11. Subcontractor Provisions. Contractor shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Contractor owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Contractor; and (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement.

12. Drug Free Workplace. Contractor acknowledges that City has adopted a policy of maintaining a drug free workplace and Contractor agrees to abide by the provisions of City’s substance abuse policy provide to Contractor under separate cover. Violation of this provision may result in immediate termination of this Agreement.

13. Power to Act on Behalf of City. Contractor is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

14. Record Keeping; Reports. Contractor shall keep complete records showing the type of Services performed. Contractor shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Contractor and its subcontractors for inspection and audit purposes. Contractor shall provide City with a working draft of all reports upon reasonable request by City and of all final reports prepared by Contractor under this Agreement.

15. Ownership and Inspection of Documents. All data (routes, latitudes/longitudes, stop locations, bus schedules, operator bids, etc.), tests, reports, analyses, documents, records, conclusions, opinions, recommendations, and other work product generated by or produced for Contractor or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City.

City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City's request, Contractor shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. Contractor shall not release any Work Product to third parties without prior written approval of City.

This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

16. Confidentiality. All Work Product prepared and performed by and on behalf of Contractor in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Contractor shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Contractor shall also require its subcontractors to be bound to these confidentiality provisions.

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17. Professional Responsibility. Notwithstanding any other provision in this Agreement, the review and/or approval by City, or any of its directors, officers, employees, or agents, of any technical specifications, design documents, and all other work products or project communications prepared by the Contractor or any of its subcontractor’s, or of any acts or failures to act by Contractor or any of its subcontractor’s, shall not relieve the Contractor or any of its subcontractors of any professional responsibility for the services performed.

18. Implementation and Integration Services. Contractor will coordinate all activities, including but not limited to implantation and integration services, inspection, field testing of equipment, monitoring and reporting Contractor’s progress with and to City. Contractor will cooperate with and advise City of Contractor’s progress and timing schedules for the Project and shall provide City access to Contractor’s equipment and facilities for City’s inspections of this Project. City shall have the authority to cause Contractor’s work to be stopped if such work is not in accordance with Exhibits A and B. City shall designate a representative (“City Representative”) who shall have the authority to take all actions on behalf of City. Contractor shall direct all notices and other correspondence to the City Representative. Any notices or approvals from City that are not sent by the City Representative shall be subsequently confirmed by the City Representative.

19. Labor and Materials. Contractor shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility related to construction, implementation, and integration services, and transportation services required to complete the Project.

20. Extra Work. In the event Contractor requests a Change Order for extra work requires as a result of conditions which are significantly different from those reasonably anticipated when this Agreement was executed, such request shall be submitted to City in writing and shall be accompanied by the following declaration, signed by the Contractor:

I, Thomas W. Kowalski (name of Contractor’s authorized representative) being the President/CEO (title of Contractor’s authorized representative) of Urban Transportation Associates (UTA) (Contractor’s name) (“Contractor”) declare under penalty of perjury under the laws of the State of California, and do personally certify and attest that: I have thoroughly reviewed the attached claim for additional compensation and/or extension of time , know its contents, and know said claim is made in good faith; the supporting data is truthful and accurate; the amount requested accurately reflects the Agreement adjustment for which Contractor believes the City is liable. I am familiar with California Penal Code Section 72 and California Government Code Sections 12560 et seq., pertaining to false claims, and I know and understand that submission or certification of a false claim may lead to fines, imprisonment, and/or other severe legal consequences.

______________________________
Signature

____________________ ________
Title Date

Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by the City, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor.

Contractor’s disagreement over the amount to be paid for extra work shall not relieve Contractor of the 379
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obligation to continue to perform all the Work on the Project as required in Exhibits A and B.

21. System Acceptance. On-site system acceptance testing shall include Contractor and City staff, and will occur per the testing plan timetable as specified by the Contractor in its System Acceptance Testing.

System acceptance tests will exercise all system components according to an acceptance test plan developed by the Contractor and approved by City.

Tests conducted by the Contractor may not prevent the ongoing operation of City unless previously approved by City. The Contractor shall maintain and submit complete records of all test results.

22. Final Acceptance of Full System Deployment. Final Acceptance for the Full System Deployment (“Final Acceptance”) will be granted after thirty (30) calendar days of continuous achievement of the acceptance metrics and error-free production operation of the System from the System Go-Live date.

23. City Name and Logo. Contractor shall not use City's name or insignia, photographs relating to the City projects or work for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.

24. Conflicts of Interest. Contractor warrants that neither Contractor nor any of its employees have an improper interest, present or contemplated, in the Services which would affect Contractor’s or its employees’ performance of the Services and the Work Product produced. Contractor further warrants that neither Contractor nor any of its employees have real property, business interests or income that will be affected by the Services. Contractor covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Contractor shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.

25. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successors in interest, in the event of a default or breach by City for any amount which may become due Contractor or its successor, or for any breach of any obligation under the terms of this Agreement.

26. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless terminated earlier pursuant to the following:

a. Termination by City: For Convenience. City may at its discretion terminate this Agreement for convenience and without cause upon fourteen (14) days prior written notice to Contractor. Upon receipt of a termination notice pursuant to this subsection, Contractor shall promptly discontinue all Services affected, unless the notice directs otherwise.

b. Termination by City or Contractor: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure within that time period to cure or commence reasonable steps to cure the breach.

c. Compensation to Contractor Upon Termination. Contractor shall be paid compensation for Services satisfactorily performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Contractor’s compensation has not become due, Contractor shall be paid the reasonable value of its Services provided.

However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified Section 4.

In the event of termination due to Contractor’s failure to perform in accordance with the 380
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terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.

d. Effect of Termination. Upon termination of this Agreement, Contractor shall: (i) promptly discontinue all Services affected, unless the notice of termination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Contractor in performing this Agreement, whether completed or in process. Contractor may not refuse to provide such Work Product for any reason whatsoever.

27. Default/Material Breach. If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non-breaching party may terminate this Agreement by giving written notification to the breaching party. Termination will take effect immediately on receipt of notice by the breaching party or five (5) days after mailing of notice, whichever occurs first. For purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following:

a. City’s failure to pay Contractor any undisputed compensation due within thirty (30) days after written demand for payment;

b. Contractor’s failure to complete the Project;

c. Contractor’s material breach of any representation or agreement contained herein, and failure to commence actions to correct such breach within thirty (30) days of written notice by City; or

d. City’s material breach of any representation or agreement contained in this Agreement, and failure to commence actions to correct such breach within thirty (30) days of written notice by the Contractor.

28. Insurance. Contractor shall satisfy the insurance requirements set forth in Exhibit C.

29. Indemnity and Defense. Contractor hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Contractor or its subcontractors relating to the performance of Services described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole negligence or willful misconduct, subject to any limitations imposed by law. Contractor and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

30. Risk of Loss. Contractor shall bear the risk of loss or injury or damage to their work until such time as City has, by written formal acceptance, accepted said work. For the purposes of this section, the work does not include any existing property of City, unless said existing property is modified by the Project. City’s acceptance shall occur when the Project has successfully tested and complies with the requirements contained in Exhibits A and B. During the time period which Contractor must bear the risk of loss, Contractor shall rebuild, repair, restore, and replace and make good all injuries or damage to such work, and shall bear the expenses thereof, except for such injuries or damages as are occasioned by acts of federal government or public entity., and only to the extent of five percent (5%) of the Agreement amount where such injuries or damages are proximately caused by an act of God within the meaning of California Public 381
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Contract Code Section 7105.

31. Taxes. Contractor agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Contractor incident to the performance of Services under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Contractor, its employees, agents, and representatives. Contractor agrees to obtain and renew an annual business tax certificate from City and pay the applicable annual business registration tax to City during the term of this Agreement.

32. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Contractor without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Contractor shall not assign the payment of any monies due Contractor from City under the terms of this Agreement to any other individual, corporation, or entity. City retains the right to pay any and all monies due Contractor directly to Contractor.

33. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:

a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.

b. Delivered by e-mail to a known address of the party to whom it is directed provided the e- mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.

c. Delivery by a reliable overnight delivery service (ex., Federal Express) receipted, and addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery.

d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.

34. Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Contractor, and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Contractor.

35. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

36. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities. Evidence of Contractor’s authority is attached as Exhibit D.

37. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to 382
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preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

38. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Contractor in the County of Fresno, California. Contractor shall perform the Services required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

39. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

40. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

41. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

42. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two (2) nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.

43. Non-Discrimination. Contractor shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Contractor employees or applicants for employment. Contractor shall ensure that any subcontractors are bound to this provision. A protected class, includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

44. Performance Requirements. Notwithstanding, and in addition to the provisions of, Sections 26 and 27 of this Agreement, if the Services performed hereunder are not in conformity with the requirements of this Agreement and other pertinent documents, City shall have the right to require Contractor to correct the work in conformity with the requirements of this Agreement at no additional increase in the payment to Contractor. Contractor shall promptly correct the work rejected by City for failing to conform to the requirements of the Agreement. Remedy for non-compliance or non-performance shall commence within twenty-four (24) hours of notice. City shall also have the right to require Contractor to take all necessary 383
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steps to ensure future performance of the Services in conformity with the requirements of this Agreement. In the event Contractor fails to correct the work or fails to take necessary steps to ensure future performance of the Services in conformity with the requirements of this Agreement, City shall have the right to immediately terminate this Agreement for default.

Now, therefore, the City and Contractor have executed this Agreement on the date(s) set forth below.

CONTRACTOR CITY OF CLOVIS

By: __________________________ By: ______________________________ John Holt, City Manager

Date: __________________ Date: ______________________

Party Identification and Contact Information:

Contractor City of Clovis
Urban Transportation Associates, Inc. General Services - Transit Attn: Thomas Kowalski Attn: Bethany Berube
President/CEO Transit Supervisor
4240 Airport Road, Suite 212 155 N Sunnyside Ave.

Cincinnati, OH 45226 Clovis, CA 93612
[email protected] [email protected]
(513) 961-0099 (559) 324-2771

ATTEST

_______________________________
Karey Cha, City Clerk

APPROVED AS TO FORM

_______________________________
Scott G. Cross, City Attorney

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EXHIBIT A

DESCRIPTION OF SERVICES

SCOPE OF SERVICES

Automatic Passenger Counter (“APC”) Hardware/Collection Requirements:
 Stand-alone system that integrates with the Computer Aided Dispatch/ Automatic Vehicle Location (“CAD/AVL”) system
 Highly accurate data collection that meets or exceeds Federal Transit Administration (“FTA”)requirements (95%)
 Demonstrates the ability to discriminate between passengers and non-passengers, detect double backs, etc.
 Able to separately count successive passengers that are walking close together, either one behind the other or side by side
 Accurately differentiate between boarding and alighting and eliminate false positive counts  Automatically compile data by the APC and integrate to the Mobile Data Computer/Vehicle Logic Unit (“MDC/VLU”) in real-time
 Ability to store and forward data if the MDC/VLU loses communications connectivity  Data will consist of date and time stamp, geo-coordinates, and bus stop locations  Capability of real-time counts of passengers on board in the event of emergencies for authorities
 Count wheelchair ramp deployment
 Ability to eliminate counting of Operators as passengers  Approved for National Transit Database (“NTD”) reporting  System will not interfere electronically with the operation of the transit vehicle or its onboard electronic equipment such as security equipment, engine controls, transmission, etc.  System equipment provided will be transferable to other transit vehicles

APC Data Analysis, Reporting, and Support Agreement

The APC provider will maintain a web-based reporting solution for the City that accurately imports and processes ridership data from their APC system. The reporting solution must generate accurate and user- friendly reports for two primary purposes: 1) service and operations planning, and 2) NTD reporting.

The system must also provide the City with ridership reporting for service and operations planning purposes.

Ridership reporting for this purpose will include, but not be limited to, ridership (totals and average) by month, by day, by route, by trip, etc.

The APC System will also include a Support Agreement for APC Data Analytics, Reporting, and NTD Certification support for a minimum period of five (5) years. The objective of the Support Agreement is to maintain the APC system at a very-high level of performance. 385
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The Support Agreement must provide consulting, training, support, and maintenance of ridership data reported to NTD and the City.

APC Analytics Requirements:
 Conducting data cleansing (data cleaning is intended to remove questionable data)  Allowing for the adjustment of data (make minor, logical alterations to raw APC data)  Including a means for geographic analysis of valid APC data (geographic presentation of boardings and alightings by stop)  Providing the ability to assign unknown boardings and alightings to the stop before or after  Retaining data rejected for data cleaning for a minimum of ninety (90) days

APC Reporting Requirements:
 Web-based APC reports with an intuitive user interface  Secure, password-protected web access
 Accurate reports that have been scrubbed of all errant data  Wheelchair lift use reports
 Customizable ridership reports for specific time periods (annually, monthly, weekly, daily, hourly) and ability to filter data
 Provide up to twenty-five (25) additional customized reports requested by the City at no additional cost.
 Ridership reports that can be aggregated by stop, route, or trip  Runtime reports to compare scheduled versus actual runtimes between segments, trips, or routes as an aid to tuning schedules
 Ability to export/download reports in Excel, PDF, etc.  Report capabilities for measures, such as: boardings, alightings, boardings per revenue mile, boardings per revenue hour, boardings per trip, revenue miles, revenue hours, passenger miles, runtime between timepoints, trip runtimes, leaving load from a stop, max trip load point, etc.
 Specific reports for the National Transit Database reporting of unlinked passenger trips (i.e., boardings) and passenger miles travelled for by month and fiscal year using some or all the APC data

30-DAY ROLLING OPERATIONAL TEST
Upon completion of all vehicle and System installations, and to further demonstrate stability, integrity, and reliability prior to Project Signoff, the City and the Contractor will conduct a thirty (30) day Rolling Operational Test. This test is intended to ensure that the System, as installed in the field, works properly as a fully integrated System. Prior to the start of the thirty (30) day Test, all outstanding variances must be corrected, and all training completed. During testing, no adjustments, modifications, or substitutions shall be made to the System by the Contractor, except with the approval of the City. 386
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Functionality tests shall verify that the Contractors’ features and functions of the System have been professionally designed and implemented. The following items, as a minimum, shall be included in the Function Tests:
 Testing of the proper functioning of all hardware, both individually and collectively  Testing of the proper functioning of all software and firmware features and functions  Testing of all on-board functions
 Testing of all user interface functions
 Verification that System response time requirements have been met  Verification that System stability and availability is free of problems

The City expects no “down time” to be experienced during the thirty (30) day Rolling Operational Test period, either on any vehicles or as a System. If there is a failure of the System during this time, or if ten percent (10%) of the vehicles experience the same issue, the Contractors will identify and correct the problem. The City, at its sole discretion, will determine if the problem necessitates a resetting of the thirty (30) day Rolling Operational Test.

GTFS (STATIC AND REAL-TIME) REQUIREMENTS

 Ensure compliance with the California Minimum General Transit Feed Specification (“GTFS”) Guidelines on an agreed upon schedule with the City.
 Ensure compliance with Mobility Data Interoperability Principles on an agreed upon schedule with the City.
 Provide Real-Time Passenger Load data in appropriate format to CAD/AVL contractor for export to consuming third party applications, such as Google Maps.

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SCHEDULE
Tasks Weeks
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Notice to Proceed
Kickoff Meeting
Order and Assembly
Reporting Software Config
Installation of Hardware
Report Customization
Performance Review
NTD Certification

Initial Maintenance &
Software Training

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Notice of Award
Once the Notice of Award is issued, UTA will start assembling parts and scheduling installations to commence in two (2) weeks.

Software Commissioning
After the initial installation of the APC on-bus hardware, data will be available to configure/test UTA’s APC software with current City of Clovis APC data.

The completed Manual/APC comparison will be included in The City of Clovis’ NTD/APC application to FTA.

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COMPENSATION AND RATES

Contractor shall be compensated according to the following rates/fees:

APC Year 1 Year 2 Year 3 Year 4 Year 5 Total
APC Hardware $51,268 $51,268
Setup/Installation $6,650 $6,650
Software $18,750 $18,750
Service/Support/Maintenance $0 $4,500 $4,500 $4,725 $4,961 $18,686 Training $5,500 $5,500
Spare Parts $0 $1,000 $1,000 $1,050 $1,102 $4,152
Taxes (7.975%) $6,553 $438 $438 $460 $483 $8,372
Total APC: $88,721 $5,938 $5,938 $6,238 $6,546 $113,378

These rates/fees represent the total cost for all Services provided under this Agreement, including labor, equipment, materials, costs and expenses, taxes, and overhead, to be paid for Services satisfactorily performed.

Total compensation, including expense reimbursement, shall not exceed:

CONTRACT TOTAL: $130,400.00

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EXHIBIT B
CONTRACTOR’S PROPOSAL

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AGENDA ITEM NO. 13.
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EXHIBIT C

INSURANCE REQUIREMENTS

Prior to commencement of the Services, Contractor shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Contractor shall cause any subcontractor with whom Contractor contracts for the performance of Services pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Contractor’s performance of Services under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City.

a. Minimum Limits of Insurance. Contractor shall maintain the following types of insurance with limits no less than specified:

(i) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than two million dollars ($2,000,000.00) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

(ii) Worker's Compensation Insurance as required by the State of California.

(iii) Automobile Liability Insurance in an amount not less than one million dollars ($1,000,000.00) per accident for bodily injury and property damage.

(iv) Umbrella or Excess Liability. In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

If Contractor maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.

b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:

(i) The City, its officers, officials, employees, agents, and volunteers are to be covered as insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions used).

(ii) For any claims related to the Services performed pursuant to this Agreement, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, 392
AGENDA ITEM NO. 13.
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officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

(iii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.

(iv) Contractor grants to the City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

(v) Any deductibles or self-insured retentions must be declared to and approved by the City of Clovis Risk Services. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

c. Evidence of Coverage. Contractor shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Contractor’s right to be paid any compensation under this Agreement. City's failure, at any time, to object to Contractor’s failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later.

d. Maintenance of Insurance. If Contractor fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Contractor, and the Contractor shall pay the cost thereof to City upon demand, and City shall furnish Contractor with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Contractor under this Agreement.

e. Subcontractors. If the Contractor should subcontract all or any portion of the work to be performed in this Agreement, the Contractor shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above.

f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Contractor to City under this Agreement. 393
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EXHIBIT D

SIGNING AUTHORITY

394
AGENDA ITEM NO. 13.

TO: Mayor and City Council
FROM: General Services
DATE: July 5, 2022
SUBJECT: General Services – Approval – Res. 22-___, Authorizing Amendments to the Fire Inspector I and Fire Inspector II Classifications i n the Fire Department.

ATTACHMENTS: 1. Resolution 22-___ Classification Plan

CONFLICT OF INTEREST
None.

RECOMMENDATION
For City Council to approve a resolution authorizing amendments to the Fire Inspector I and Fire Inspector II classifications in the Fire Department.

EXECUTIVE SUMMARY
Fire Inspector I and Fire Inspector II c lassifications in the Fire Department require revisions to allow employees who meet the qualifications and milestones with in the job d escriptions to promote from Fire Inspector I to Fire Inspector II.

BACKGROUND
It has been determined that the positions of Fire Inspector I and Fire Inspector II require updates in order to allow an employee in the Fire Inspector I classification to promote to Fire Inspector II if they meet the requirements of the Fire Inspector II classification, the requirements for experience, years of service with the City, and good performance listed within the job classification.

The revisions have been reviewed and approved by the Clovis Public Safety Employees Associations bargaining unit. Revisions to the classifications are included in Attachment A.

FISCAL IMPACT
None.

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REASON FOR RECOMMENDATION
The Fire Inspector I and Fire Inspector II classifications will be revised to specify the requirements to promote between certain classifications.

ACTIONS FOLLOWING APPROVAL
The City’s Classification Plan will be updated to include the revised classifications.

Prepared by: Shonna Halterman, General Services Director

Reviewed by: City Manager _AH_

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AGENDA ITEM NO. 14.

Attachment 1
RESOLUTION 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS APPROVING AMENDMENTS TO THE CITY’S CLASSIFICATION PLAN FOR THE

FIRE INSPECTOR I AND FIRE INSPECTOR II CLASSIFICATIONS

IN THE FIRE DEPARTMENT

WHEREAS, it has been determined that amendments to the classifications of Fire Inspector I and Fire Inspector II are needed to allow employees who meet the requirements listed to promote from Fire Inspector I to Fire Inspector II; and

WHEREAS, amendments to the classifications of Fire Inspector I and Fire Inspector II are needed to specify the requirements for experience, years of service with the City and good performance to promote from Fire Inspector I to Fire Inspector II; and

WHEREAS, modification of the City’s Classification Plan requires authorization by City Council.

NOW THEREFORE, BE IT RESOLVED that the City of Clovis shall modify City’s Classification Plan to include the revised Fire Inspector I and F ire Inspector II specifications in Attachment A.

* * * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on July 5, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 5, 2022

___________________________ __________________________ Mayor City Clerk
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AGENDA ITEM NO. 14.

Attachment A
Yellow Highlight = Verbiage Update
Strike Out = Delete Verbiage

City of Clovis

FIRE INSPECTOR I

DEFINITION
Under general direction, performs community risk reduction throughout the community and public education. Participates in a variety of fire prevention, inspection and code enforcement duties for residential, commercial and industrial occupancies including plan checking, and testing of hazardous processes and fire protection and extinguishing systems. Performs related duties as required.

CLASS CHARACTERISTICS
Fire Inspector I is an entry level classification and is distinguished from the Fire Inspector II class by the performance of more routine tasks and duties performed according to established procedures with changes in procedures or exceptions to rules explained in detail as they arise. Positions in the cl assification report to the Fire and Life Safety Specialist and perform fire prevention and enforcement duties. Incumbents are expected to work with the public in a tactful but authoritative manner when inspecting and instructing on fire prevention and safety.

EXAMPLES OF DUTIES
Inspects state mandated and non -mandated occupancies and facilities such as apartments, schools, hotels, businesses, assembly buildings, daycare and care home facilities, auto body garages, and storage facilities for compliance with mandated federal, state and local codes; conducts fire sprinkler and alarm tests; reviews and tracks fire alarm and sprinkler company test results; conducts fire flow tests; inspects properties for the weed abatement program, sends notices and follows up ; keeps records on all designated projects and findings; reviews building and site plans regarding fire protective construction; reviews sprinkler plans and verifies calculations; inspects general business plans for the prevention, control and mitigation of dangerous conditions and to ensure compliance with codes; issues violation notices and citations; inspects buildings under construction for compliance with fire and building codes which relate to fire prevention, detection systems and suppression system s; works on special programs such as fire sprinkler five year servicing, Christmas trees, inspecting firework display racks or booths, Knox box, etc.; provides information to the general public about fire protection assistance; lectures to groups on fire safety; and performs related duties as required.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid and appropriate California Class C Driver’s License and a good driving record.

EDUCATION AND EXPERIENCE
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AGENDA ITEM NO. 14.

Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education:
 Education equivalent to graduation from high school.

Certifications:
 Possession of current California State Fire Marshal (CSFM) Fire Inspector I certification:
o 1A: Duties and Administration
o 1B: Fire and Life Safety
o 1C: Field Inspection
o 1D: Field Inspection – California Specific
o HazMat First Responder Awareness
or

 The ability to complete the CSFM Fire Inspector I series of courses within one (1) year;

 Completion of the previous CSFM Prevention Officer series of courses:
o 1A: Introduction to the California Fire Code
o 1B: Inspection of Fire Protection Systems and Special Hazards o 1C: Flammable Liquids and Gasses

 Incumbents in the Fire Inspector I classification may be promoted to the Fire Inspector II classification upon the following qualifications:
o Meet the minimum qualifications for the position;
o Successful completion of the probationary period, one (1) year; o Recommendation of the appointing authority;
o A minimum of exceeds standards on the most current performance evaluation.

QUALIFICATIONS
Knowledge of:
 Proper fire inspection methods and techniques;
 Principles of combustion as related to various types of building and construction material;
 Proper storage and handling of explosives and flammable materials and other hazardous materials;
 Building fire extinguishing and alarm systems;
 Principles, practices and procedures of firefighting;  Principles of water hydraulics;
 Appropriate safety precautions and procedures;
 Safety codes related to fire prevention including but not limited to Uniform Fire Code, Uniform Building Code, State Administrative Code and National Fire Code; 399
AGENDA ITEM NO. 14.
 Standard fire protection and prevention theory, techniques and practices relative to various types of occupancies;
 Building materials and construction practices.

Ability to:
 Operate a variety of machines, equipment and tools including a personal computer, scanner/radio, engineer/architect scale, Pitot tube and gauge, camera and calculator;  Operate both as a member of a team and independently;  Effectively communicate with in dividuals or groups utilizing a broad base of verbal skills to successfully educate the public about fire hazards and prevention;  Use independent judgment in regularly routine situations when issuing citations;  Perform complex tasks during life threatening emergencies;  Use manual and power tools in performance of duties;
 Comprehend and correctly use a variety of reference books and manuals as well as informational documents, including utilizing and interpreting basic technical engineering, legal, electrical and hydraulics terminology;  Prepare fire flow charts, letters, articles for newspapers, lists of occupancies and weed abatement and boiler plate form letters using prescribed format and conforming to all rules of punctuation, grammar, diction and style;
 Add, subtract, multiply and divide;
 Calculate decimals, ratios, percentages, fractions and exponents.

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Lifting, carrying and/or pushing 50 pounds with frequent lifting and/or carryi ng of objects weighing up to 25 pounds;
 Ability to climb ladders to access any portion of a building and be comfortable working on rooftop areas or other above ground locations;
 Ability to work in extreme weather conditions;
 Ability to attend periodic ev ening meetings and weekend events outside of regularly scheduled shift;
 Incumbents may be scheduled to work modified workweeks including evenings and weekends, subject to periodic rotation of schedule;
 Incumbents may be required to travel within and out of the City to attend meetings, training, or other job-related requirements.

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AGENDA ITEM NO. 14.

City of Clovis

FIRE INSPECTOR II

DEFINITION
Under general direction, performs community risk reduction throughout the community and public education. Participates in a variety of fire prevention, inspection and code enforcement duties for residential, commercial and industrial occupancies including plan checking and testing of hazardous processes and fire protection and extinguishing systems. Performs related duties as required.

CLASS CHARACTERISTICS
This is the full journey level class within the Fire Inspector series. Employees within this class are distinguished from the Fire Inspector I by the performance of the full range of duties as assigned including complex duties requiring the knowledge of general Department procedures and Fire Department policies and procedures. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise, and are fully aware of the operating procedures and policies of the work unit. Fire Inspector II reports to the Fire and Life Safety Specialist or designee. The incumbent may provide lead direction on special projects or in day-to-day assignments to a Fire Inspector I.

EXAMPLES OF DUTIES
Inspects complex, difficult or special occupancies and facilities such as churches, dance halls and bars/nightclubs, manufacturing and industrial use buildings, auto body garages and care homes for compliance with mandated federal, state and local codes; participates in the review of building construction plans for compliance with local, state and federal regulations; conducts fire spri nkler and alarm tests; reviews and tracks fire alarm and sprinkler company test results; conducts fire flow tests; inspects properties for the weed abatement program, sends notices and follows up; keeps records on all designated projects and findings; revi ews building and site plans regarding fire protective construction; reviews sprinkler and fire alarm plans and performs calculations; inspects general business plans for the prevention, control and mitigation of dangerous conditions to ensure compliance with codes; issues violation notices and citations; inspects buildings under construction for compliance with fire and building codes which relate to fire prevention, detection systems and suppression systems; works on special programs such as fire sprinkler five year servicing, Christmas trees, inspecting firework display racks or booths, Knox box, etc.; provides information to the general public about fire protection assistance; lectures to groups on fire safety; presents fire safety education programs; performs research and publishes educational articles; and performs related duties as required.

TYPICAL QUALIFICATIONS

LICENSE REQUIRED
 Possession of a valid and appropriate California Class C Driver’s License and a good driving record.

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AGENDA ITEM NO. 14.

EDUCATION AND EXPERIENCE
Any combination of education and experience that would likely provide the required knowledge, and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education:
 Possession of an Associate’s Degree or greater from an accredited college or university;

Certifications:
 Possession of current California State Fire Marshal (CSFM) Fire Inspector I certification;
 The ability to complete the CSFM Fire Inspector II series of courses within one (1) year:
o 2A: Fire Prevention Administration
o 2B: Fire and Life Safety Requirements
o 2C: Inspecting New and Existing Fire and Life Safety Systems and Equipment
o 2D: Hazardous Materials, Operations and Processes
or

 Completion of the previous CSFM Fire Prevention Specialist series of courses: Fire Prevention 2A, 2B and 2C.

Experience:
 Three (3) years of paid experience as a Fire Inspector with a paid Fire Department;

 Three (3) years of experience with enforcement of the building code, code enforcement, OSHA, or similar inspection duties involving enforcing applicable codes and standards.

 Incumbents in the Fire Inspector I classification may be promoted to the Fire Inspector II classification upon the following qualifications:
o Meet the minimum qualifications for the position;
o Successful completion of the probationary period, one (1) year; o Recommendation of the appointing authority;
o A minimum of an exceeds standards on the most current performance evaluation.

QUALIFICATIONS
Knowledge of:
 Proper fire inspection and investigation methods and techniques;  Principles of combustion as related to various types of building and construction material;
 Proper storage and handling of explosives and flammable materials and other hazardous materials;
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 Building fire extinguishing and alarm systems;
 Principles of water hydraulics;
 Appropriate safety precautions and procedures;
 Safety codes related to fire prevention including but not limited to Uniform Fire Code, Uniform Building Code, State Administrative Code and National Fire Code;  Standard fire protection and prevention theory, techniques and practices relative to various types of occupancies;
 Building materials and construction practices.

Ability to:
 Operate a variety of machines, equipment and tools including a personal computer, scanner/radio, engineer/architect scale, Pitot tube and gauge, camera and calculator;  Operate both as a member of a team and independently;  Effectively communicate with individuals or groups utilizing a broad base of verbal skills to successfully educate the public about fire hazards and prevention;  Use independent judgment in regularly routine situations when issuing citations;  Perform complex tasks during life threatening emergencies;  Use manual and power tools in performance of duties;
 Comprehend and correctly use a variety of reference books and manuals as well as informational documents, including utilizing and interpreting basic technical engineering, legal, electrical and hydraulics terminology;  Prepare fire flow charts, letters, articles for newspapers, lists of occupancies and weed abatement, and boiler plate form letters using prescribed format and conforming to all rules of punctuation, grammar, diction and style;
 Add, subtract, multiply and divide;
 Calculate decimals, ratios, percentages, fractions and exponents.

SUPPLEMENTAL INFORMATION

PHYSICAL DEMANDS AND WORKING CONDITIONS
 Lifting, carrying and/or pushing 50 pounds with frequent lifting and/or carrying of objects weighing up to 25 pounds;
 Ability to climb ladders to access any portion of a building and be comfortable working on rooftop areas or other above ground locations;
 Ability to work in extreme weather conditions;
 Ability to attend periodic evening meetings and weekend events outside of regularly scheduled shift;
 Incumbents may be scheduled to work modified workweeks including evenings and weekends, subject to periodic rotation of schedule;
 Incumbents may be required to travel within and out of the City to attend meetings, training or other job-related requirements.

403
AGENDA ITEM NO. 14.

TO: Mayor and City Council
FROM: General Services Department
DATE: July 5, 2022
SUBJECT: General Services – Approval – Res. 22____, Amending the City’s FY 22- 23 Position Allocation Plan by deleting one (1) Staff Analyst position and adding one (1) Management Analyst position within the Planning and Development Services Department.

ATTACHMENTS: 1. Res. 22-___, Position Allocation Plan

CONFLICT OF INTEREST
None.

RECOMMENDATION
For Council to approve Resolution 22-___ amending the City’s FY 22-23 Position Allocation Plan by deleting one (1) Staff Analyst position and adding one (1) Management Analyst position within the Planning and Development Services Department.

EXECUTIVE SUMMARY
Currently, the Engineering Division of the Planning and Development Services Department is authorized for one (1) Management Analyst position and one (1) Staff An alyst position . It is recommended that the City’s Position Allocation Plan be amended to convert the Staff Analyst position to a Management Analyst position. Upon Council’s approval of this requested change the Engineering Division will have two (2) Management Analyst Positions.

BACKGROUND
The Planning and Development Services Department has evaluated the work assignment and needs in the department. They have determined that deleting one (1) Staff Analyst position and adding one (1) Management Analyst position will more efficiently support the current needs of the Engineering Division. A current assessment of the needs of the Engineering Division has resulted in the determination that the Management Analyst classification is a more appropriate classification to provide complex administrative / technical support to all four sections in the Engineering Division. Support includes state and federal grant procurement, grant management and budgeting, ensuring project compliance with state and federal laws and regulations, contract administration, as well as labor compliance reporting. The desired position allocation change results in the need to modify the City’s Position Allocation Plan, which requires Council approval. 404
AGENDA ITEM NO. 15.

FISCAL IMPACT
The fiscal impact of salary and benefits for this conversion would be approximately $41,000.

There are adequa te funds in the Planning and Development Services Department budget to cover the costs of the position.

REASON FOR RECOMMENDATION
By deleting one (1) Staff Analyst position and adding one (1) Management Analyst position this will provide more efficient administrative/ technical support across all four sections within the Engineering Division. The change must be reflected in the autho rized FY 22-23 Planning and Development Services Department position allocation. Modification of the Position Allocation Plan requires Council approval.

ACTIONS FOLLOWING APPROVAL
The position allocation for the Planning and Development Services Department will be modified as noted in Attachment A. The position vacancy will be filled through a current eligibility list.

Prepared by: Lori Shively, Personnel/Risk Manager

Reviewed by: City Manager _AH_

405
AGENDA ITEM NO. 15.

ATTACHMENT 1

RESOLUTION 22-___

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CLOVIS APPROVING AMENDMENTS TO THE
CITY’S FY 22-23 POSITION ALLOCATION PLAN

WHEREAS, the FY 22 -23 Position Allocation Plan in the Planning and Development Services Department was approved as part of the FY 22-23 City budget adoption process; and

WHEREAS, a review of the staffing needs of the City indicates that deleting one (1) Staff Analyst position and adding one (1) Management Analyst position is necessary in order to provide more efficient support within the Engineering Division of the Planning and Development Services Department; and

WHEREAS, amending the City’s adopted FY 22-23 Position Allocation Plan requires Cit y Council authorization.

NOW THEREFORE, BE IT RESOLVED by the Ci ty Council of the City of Clovis that the City’s FY 22-23 Position Allocation Plan shall be amended as noted in Attachment A.

* * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on July 5, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 5, 2022

___________________________ __________________________ Mayor City Clerk

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AGENDA ITEM NO. 15.

ATTACHMENT A

POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 22-23

DEPARTMENT NUMBER OF POSITIONS

Planning and Development Services Department

Add: Management Analyst 1.0

Delete: Staff Analyst 1.0

407
AGENDA ITEM NO. 15.

TO: Mayor and City Council
FROM: General Services Department
DATE: July 5, 2022
SUBJECT: General Services – Approval – Res. 22-___, Amending the City’s FY 22- 23 Position Allocation Plan by adding one (1) Senior Planner position within the Planning and Development Services Department.

ATTACHMENTS: 1. Res. 22-___, Position Allocation Plan

CONFLICT OF INTEREST
None.

RECOMMENDATION
For Council to approve Resolution 22-___ amending the City’s FY 22-23 Position Allocation Plan by adding one (1) Senior Planner position within the Planning and Development Services Department.

EXECUTIVE SUMMARY
Currently, the Planning and Development Services Department is authorized for two (2) Senior Planner positions for fiscal year 2022-2023. It is recommended that the City’s Position Allocation Plan be amended to add one (1) Senior Planner position for a total of three (3). Council approval is required for changes to the Position Allocation Plan.

BACKGROUND
The Planning and Development Services Department has evaluated the work assignment and needs in the department. They have determined that the addition of one (1) Senior Planner position will mo re efficiently support the current needs of the department. This position would augment the current planning staff and provide the needed capacity to cover the increased volume of long term and complex planning projects under entitlement review. Such projects may include a key role in the development of the City’s next General Plan Update, as well as assisting in the preparation of the Housing Element, Specific Plans, Master Development Plans, Environmental Impact Reports (EIR), as well as administering req uests for Sphere of Influence Expansions. The desired position allocation change results in the need to modify the City’s Position Allocation Plan, which requires Council approval.

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AGENDA ITEM NO. 16.

FISCAL IMPACT
The fiscal impact of salary and benefits for this addition would be approximately $ 133,000.

However, a vacancy in the Deputy City Planner position should absorb most, if not all, of the cost of the additional Senior Planner position . There are adequa te funds in the Planning and Development Services Department budget to cover any additional costs of the position.

REASON FOR RECOMMENDATION
The addition of one (1) Senior Planner will provide the needed capacity to cover the sustained increase in complex project volumes within the Planning Division. The change must be reflected in the authorized FY 22-23 Planning and Development Services Department position allocation.

Modification of the Position Allocation Plan requires Council Approval.

Prepared by: Lori Shively, Personnel/Risk Manager

Reviewed by: City Manager _AH_

409
AGENDA ITEM NO. 16.

ATTACHMENT 1

RESOLUTION 22-___

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CLOVIS APPROVING AMENDMENTS TO THE
CITY’S FY 22-23 POSITION ALLOCATION PLAN

WHEREAS, the FY 22 -23 Position Allocation Plan in the Planning and Development Services Department was approved as part of the FY 22-23 City budget adoption process; and

WHEREAS, a review of the staffing needs of the City indicates that the addition of one (1) Senior Planner is necessary in order to provi de the needed capacity to cover the incoming projects within the Planning Division; and

WHEREAS, amending the City’s adopted FY 22-23 Position Allocation Plan requires Cit y Council authorization.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Clovis that the City’s FY 22-23 Position Allocation Plan shall be amended as noted in Attachment A.

* * * * *

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on July 5, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 5, 2022

___________________________ __________________________ Mayor City Clerk

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AGENDA ITEM NO. 16.

ATTACHMENT A

POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 22-23

DEPARTMENT NUMBER OF POSITIONS

Planning and Development Services Department

Add: Senior Planner 1.0

411
AGENDA ITEM NO. 16.

TO: Mayor and City Council
FROM: General Services Department
DATE: July 5, 2022
SUBJECT: General Services – Approval - Claim Rejection of the General Liability Claim on behalf of Marvanett Hodges.

CONFLICT OF INTEREST
None.

RECOMMENDATION
Reject the General Liability Claim filed on behalf of Marvanett Hodges.

EXECUTIVE SUMMARY
On behalf of Marvanett Hodges (claimant), the City received a claim on May 26, 2022, alleging the City of Clovis failed to maintain a sidewalk, which caused her to trip and fall. Ms. Hodges is seeking compensation in an amount that exceed s the limits for a limited civil case. It is recommended that the City reject the claim at this time, send notice of rejection, and refer the matter to the City’s third -party administrator for liability claims for further investigation and handling.

BACKGROUND
On November 1, 2021 , M s. Marvanett Hodges allegedly fell and injured h erself near the intersection of Gettysburg Avenue and Willow Avenue due to a broken, raised, sunken and cracked sidewalk . M s. Hodges further alleges the defe ctive sidewalk caused a dangerous condition to public property.

On May 26, 2022, a General Liability Claim was filed against the City of Clovis on behalf of Ms.

Hodges. The claim was considered legally sufficient and timely. Ms. Hodges seeks damages for economic losses for past and future medical bills, pain and suffering, and emotional distress .

The claim has been filed as a “civil unlimited case”.

FISCAL IMPACT
Rejection of the claim does not result in any fiscal impact.

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AGENDA ITEM NO. 17.

REASON FOR RECOMMENDATION
It is recommended that the claim be rejected. The City is not liable for this claim. In addition, by rejecting this claim the time in which lawsuits may be filed against the City will begin to run.

ACTIONS FOLLOWING APPROVAL
A rejection notice letter will be sent to the claimant informing her that the claim has been rejected.

Prepared by: Charles W. Johnson, Management Analyst

Reviewed by: City Manager _AH_

413
AGENDA ITEM NO. 17.

TO: Mayor and City Council
FROM: Planning and Development Services Department
DATE: July 5, 2022
SUBJECT: Planning and Development Services – Approval – Bid Award for CIP 21- 02 Loma Vista Village Green; and construction management services contract award for CIP 21-02 Loma Vista Village Green ; and Authorize the City Manager to Execute the Contracts on behalf of the City.

ATTACHMENTS: 1. Vicinity Map

CONFLICT OF INTEREST
None.

RECOMMENDATION

1. For the City Council to award a construction contract for CIP 2 1-02, Loma Vista Village Green to Marko Construction Group, Inc. in the amount $8,006,000.00; and

2. For the City Council to award a construction management services contract for CIP 21 - 02, Loma Vista Village Green to Kitchell CEM, Inc. in the amount not to exceed $200,000.00; and

3. For the City Council to authorize the City Manager to execute the contract s on behalf of the City.

EXECUTIVE SUMMARY
Staff is recommending that City Council authorize the City Manager to award and execute the construction contract for CIP 21 -02 to Marko Construction Group, Inc. who was the lowest responsible bidder from a bid opening that took place on June 7, 2022.

Staff is also recommending that City Council authorize the City Manager to award and execute a construction management services contract for CIP 21 -02 to Kitchell CEM, Inc., who was selected through a competitive Request for Proposals process.

This project is to construct one new 6 -acre± park located north of Gettysburg Avenue between Leonard & DeWolf Avenues, just south of Fire Station 6, and it includes restroom and maintenance building, clock tower, amphitheater, monume nt structure, trellis, plaza with 414
AGENDA ITEM NO. 18.
fountain, concrete sidewalks, park furniture, landscaping, irrigation, signage, and parking striping on the Loma Vista Village Green (“Project”).

The street and utility improvements that surround the park have been constructed with a previously awarded capital project.

BACKGROUND
The following is a summary of the bid results of June 7, 2022:

BIDDERS BASE BIDS
Marko Construction Group, Inc. $7,327,000.00
AMG & Associates, Inc. $8,350,000.00

ENGINEER’S ESTIMATE $6,840,000.00

All bids were examined and the bidder’s submittals were found to be in order with Marko Construction Group, Inc. as the lowest responsible bidder. Staff has validated the lowest bidder’s contractor-license status. The base bids presented herein were higher than the estimated amount and seems to represent the market as prices rapidly increase. Four (4) add alternate bid item costs were included in the bid proposal to give flexibility during award. These alternates including the low bidder prices are as follows:

 Add alternate item no. one (1) – Provide and install play structures and surfacing in the designated areas shown on the plans instead of turf in the sum of $643,000.00.  Add alternate item no. two (2) – Provide and install additional site furniture as shown on the plans in the sum of $290,000.00. The item includes most of the furniture in the plaza area. The base bid includes some benches and picnic tables.  Add alternate i tem no. three (3) – Construct a decorative concrete intersection at the south end of the park at Rialto Ave. and Sanders Ave. as shown on the plans in the sum of $110,000.00.
 Add alternate item no. four (4) – Provide and install a shade structure over the stage for the amphitheater as shown on the plans in the sum of $279,000.00.

The costs came in higher than estimated , but staff believes it is important to include add alternates two (2) through four (4) to construct a park as close to what was presented to Council in the past . There is enough funding available to include the cost of these items. While staff would also like to include the play structures, there is not enough funding to do so at this time .

The play structures will need to be added at a later date when funding becomes available, or the city is successful in obtaining grant funding.

Marko Construction Group, Inc.’s base bid is in the amount of $7,327,000.00 and add alternate items two (2) through four (4) are in the sum of $679,000.00. City staff recommends awarding a contract to Marko Construction Group Inc in the amount of $8,006,000.00 that includes the base bid and add alternates two (2) through four (4).

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AGENDA ITEM NO. 18.

Construction Management Services

Due to the complexities associated with the elements included in the project as well as limited staff capacity, staff has decided to contract with a professional construction manager to oversee construction of the project. To that end, staff published a Request for Proposals on June 6, 2022, to hire a construction management firm. Through the proposal and review process, Kitchell CEM, Inc. was selected to provide the services based on their experience and knowledge. Kitchell is currently providing construct ion management services to the City for the Landmark Square project and is performing well. Kitchell staff will work alongside and in partnership with City staff in the administration of the contract work for the project. The scope of work is comprehensive and includes tasks such as on -site quality inspection, contract administration, attending meetings, project coordination, task scheduling, reporting, and cost control among other work.

Kitchell CEM will provide services as needed and as directed by the City Engineer. The contract with Kitchell CEM is for a maximum not-to-exceed amount of $200,000 and will last the entirety of the construction contract and through project close out. Approval of this contract will allow Kitchell CEM to immediately start assisting City staff with pre-construction project administration.

Funding is sufficient to cover the construction management services.

FISCAL IMPACT
This project was budgeted in the 2021 -2022 Community Investment Program . The project is funded by Parks Fees through the City Community Investment Program . There is sufficient funding available for the project.

REASON FOR RECOMMENDATION
Marko Construction Group, Inc. is the lowest responsible bidder. Kitchell CEDM, Inc. was the selected construction management company There are sufficient funds available to complete the project including base bid, alternates two (2) through four (4), and construction management services.

ACTIONS FOLLOWING APPROVAL

1. The contract s will be prepared and executed, subject to the Contractor providing performance security that is satisfactory to the City; and

2. Construction will begin approximately two (2) week s after contract execution and be completed in three hundred sixty (360) calendar days thereafter.

Prepared by: Jose Sandoval, Project Engineer

Reviewed by: City Manager _AH_
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AGENDA ITEM NO. 18.
1 Attachment 1
417
AGENDA ITEM NO. 18.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: July 5, 2022
SUBJECT: Planning and Development Services - Approval – Res. 2 2-___, Final Map Tract 6404, located in the northwest area of Shaw and Highland Avenues (BN 6304 LP (Bonadelle Homes)).

ATTACHMENTS: 1. Res. 22-___

2. Vicinity Map

3. Final Map

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve Res. 22-___, which will:

1. Accept the offer of dedication of parcels and public utility easements within Tract 6404; and

2. Authorize the recording of the final map.

EXECUTIVE SUMMARY
The owner, BN 6304 LP (Bonadelle Homes), acting as the subdivider, has submitted a final map.

The improvement plans are being processed by C ity staff. The improvement s to be installed include curb, gutter, sidewalk, streetlights, fire hydrants, street paving, sanitary sewer, water mains, and landscaping. The subject tract is in the northwest area of Shaw and Highland Avenues. It contains approximately 16.42 acres and consists of 100 residential units, zoned R- 1-PRD.

FISCAL IMPACT
The subdivider will be installing curb, gutter, sidewalk, fire hydrants, street paving, sanitary sewer, water mains, and landscaping, which will be perpetually maintained by the City of Clovis.

For the streetlights, the City will pay for the power and PG&E will provide the maintenance.

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AGENDA ITEM NO. 19.

REASON FOR RECOMMENDATION
The subdivision agreement has been executed by the subdivider and all development fees paid or deferred in accordance with the Municipal Code. The agreement provides for the developer to complete a technically correct map and improvement plans, and to complete all the required improvements in compliance with the conditions of approval. The improvements are adequately secured.

ACTIONS FOLLOWING APPROVAL
The final map will be filed with the Fresno County Recorder’s office for recording.

Prepared by: Tiffany Ljuba-Silguero, Engineer I

Reviewed by: City Manager __AH__

419
AGENDA ITEM NO. 19.

Attachment 1
RESOLUTION 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING FINAL SUBDIVISION MAP FOR TRACT NO. 6404

WHEREAS, a final map has been presented to the City Council of t he City of Clovis for Tract 6404, by The City of Clovis, a Municipal Corporation; and

WHEREAS, said final tract conforms to the requirements of Chapter 2, Part 2, of Division 4 of the Business and Professions Code and to local ordinances.

NOW, THEREFORE, BE IT RESOLVED by the City of Clovis as follows:

1. The final map of Tract 6404, consisting of four (4) sheets, a copy of which is on file with the City Clerk, be and the same is hereby approved.

2. The subdivision improvement plans for said tract have been approved by City Staff.

3. The preliminary Engineer’s Cost Estimate of development cost of said tract, a copy of which is on file with the City Clerk, be and the same is hereby approved and adopted as the estimated cost of improvements for said subdivision in the sum of $3,637,000.00.

4. The offer and dedica tion for public use of the parcels and easements specified on said map are accepted by the City of Clovis and the City Clerk is authorized and directed to execute said subdivision map.

5. This Council finds that the proposed subdivision, together with the provisions for its design and improvement, are consistent with applicable general and specific plans of the City of Clovis.

6. Improvement Security, as provided hereunder and in said Subdivision Agreement, is fixed at one hundred percent (100%) of the rema ining improvements to be constructed or the sum of $3,637,000.00 for guaranteeing specific performance of said agreement and fifty percent (50%) of the remaining improvements or the sum of $ 1,819,000.00 for payment of labor and materials furnished by contractors, subcontractors, labormen and materialmen in connection with the improvements required to be made or constructed by said subdivider in conformity with said subdivision map or said agreement.

7. Subdivider shall furnish a bond in the sum of $363,700.00 being the amount determined by the City Council of the City as necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance of the tract again st any defective work or labor done, or defective materials furnished. Said bond is required to be furnished prior to acceptance of the tract by the City Council.

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AGENDA ITEM NO. 19.
* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on July 5, 2022, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 5, 2022

______________________________ ______________________________ Mayor City Clerk

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AGENDA ITEM NO. 19.

Attachment 2
422
AGENDA ITEM NO. 19.

Attachment 3
423
AGENDA ITEM NO. 19.
424
AGENDA ITEM NO. 19.
425
AGENDA ITEM NO. 19.
426
AGENDA ITEM NO. 19.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: July 5, 2022
SUBJECT: Planning and Development Services - Approval – Res. 22-___, Annexation of Proposed Tract 6404, located in the northwest area of Shaw and Highland Avenues to the Landscape Maintenance District No. 1 of the City of Clovis (BN 6304 LP (Bonadelle Homes)).

ATTACHMENTS: 1. Res. 22-___

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to approve Res. 22-___, which will annex proposed Tract 6404, located in the northwest area of Shaw and Highland Avenues to the Landscape Maintenance District (LMD) No. 1 of the City of Clovis.

EXECUTIVE SUMMARY
The owner, BN 6304 LP (Bonadelle Homes), acting as the subdivider, has requested to be annexed to th e LMD No. 1 of the City of Clovis as set forth by the Conditions of Approval for Tentative Tract 6304.

BACKGROUND
BN 6304 LP (Bonadelle Homes), the developer of Tract 6404, has executed a covenant that this development be annexed to the City of Clovis, LMD No. 1 . An executed copy can be provided on request. Council formed the original District on July 15, 1985 , for the purpose of funding the maintenance of landscaped areas and parks.

Under the provisions of the Landscaping and Lighting Act of 1972 and in accordance with Article XIII C and Article XIII D of Proposition 218, all the owners of property pro posed for annexation have provided a writt en request and consent to annexation and have executed a covenant (petition) indicating acceptance of the annual assessment.

427
AGENDA ITEM NO. 20.

FISCAL IMPACT
This project will add landscaping to the LMD No. 1 of the City of Clovis shown as follows:

Tract 6404 Year to Date

LMD Landscaping added: 0.643 acres 8.785 acres

Resource needs added: 0.064 persons 0.878 persons

The resource needs estimate is based on 1 person per 10 acres of landscaped area.

REASON FOR RECOMMENDATION
The property owners for the subject tract have requested annexation into the City of Clovis LMD No. 1.

ACTIONS FOLLOWING APPROVAL
Tract 6404 shall become a part of City of Clovis LMD No. 1 and will be assessed next year for maintenance costs.

Prepared by: Tiffany Ljuba-Silguero, Engineer I

Reviewed by: City Manager _AH__

428
AGENDA ITEM NO. 20.

RESOLUTION 22-___

RESOLUTION OF THE COUNCIL OF THE CITY OF CLOVIS, CALIFORNIA, APPROVING ANNEXATION TO LANDSCAPING MAINTENANCE DISTRICT NO. 1 OF

THE CITY OF CLOVIS

WHEREAS, City of Clovis Landscape Maintenance District No. 1 ("District") was formed by Resolution No. 85-78, adopted July 15, 1985, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the "Act"; and

WHEREAS, all of the owners of property proposed to be annexed to the District consisting of proposed Tract No. 6404, as described in Attachment "A" attached hereto and incorporated herein by reference, have consented to said annexation and such annexation may be ordered without notice and hearing or filing of engineer's report, or both.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED, as follows:

1. That the public interest and convenience require that certain property described in Attachment A attached hereto and by reference incorporated herein be annexed into Landscape Maintenance District No. 1 of the City of Clovis for the maintenance and servicing of landscaping facilities.

2. The City Clerk shall receive and file the maps showing the boundaries of the areas annexed as set forth in Attachment A which boundaries shall be used for assessment proceedings until and unless a change of organization is approved pursuant to the Act.

* * * * *

The foregoing resolution was introduced and adopted at a regular me eting of the City Council of the City of Clovis held on July 5, 2022, by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 5, 2022

______________________________ ______________________________ Mayor City Clerk
Attachment 1
429
AGENDA ITEM NO. 20.

ATTACHMENT A

Legal Description

Lots 1 through 100, inclusive, of Tract Map 6404 recorded in Volume ______ of Plats at Pages ______ through ______, Fresno County Records.
430
AGENDA ITEM NO. 20.

TO: Mayor and City Council
FROM: Administration
DATE: July 5, 2022
SUBJECT: Consider Approval – Res. 22-___, Adoption of a Resolution Amending the 2019-2020 Action Plan and the 2016 -2020 Consolidated Plan; and Consider Approval – Res. 22-___, Amending the FY 2022-2023 Housing and Community Development Budget, to increase funding by $201,848 for the expenditure o f Community Development Block Grant – Coronavirus (CDBG-CV) funds.

Staff: Claudia Cazares, Management Analyst
Recommendation: Approve
ATTACHMENTS: 1. Resolution – Substantial Amendment to the 2019 -2020 Action Plan and the 2016-2020 Consolidated Plan

2. Resolution – Budget Amendment

CONFLICT OF INTEREST
None.

RECOMMENDATION
Consider adopting the substantial amendment to the 2019-2020 Action Plan and the 2016-2020 Consolidated Plan; and Amending the FY 2022 -2023 Housing and Community Development Budget to increase funding by $201,848 for the expenditure of Community Development Block Grant – Coronavirus (CDBG-CV) funds for an Emergency Utility Payments Program.

EXECUTIVE SUMMARY
The U.S. Department of Housing and Urban Development (HUD) recently provided the City an additional allocation of Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funding through the CDBG-CV Program, in the amount of $201,848. To utilize the funding, HUD requires the City to amend the Action Plan and Consolid ated Plan to identify the use of these additional CDBG-CV funds. Staff proposes to utilize the CDBG -CV funds to implement an Emergency Utility Payments Program for low -income residents impacted by COVID to pay for City water, sewer, and refuse charges (including those in arrears).

431
AGENDA ITEM NO. 21.

BACKGROUND
The CARES Act funding was enacted national ly on March 27, 2020 by Public Law 116-136, to respond to the growing effects of the public health crisis caused by the coronavirus. Several grantees did not apply for the funding, or otherwise declined their awards. HUD has reallocated the remaining funds to grantees that previously demonstrated capacity to quickly expend CDBG- CV funds, including the City of Clovis. Therefore, HUD allocated a total of $201,848 in CDBG - CV funds to the City to prevent, prepare for, and respond to the coronavirus.

Staff reviewed the eligible activities and is proposing Council approve the Emergency Utility Payment Program for the use of the CDBG-CV funds, as follows:

Emergency Utility Payment-
Water/Sewer/Refuse/Street Sweeping: $161,480
Administration: $40,368
Total: $201,848

The City of Clovis’ Emergency Utility Payment Program, would provide low-income households with grant funds for emergency water, sewer, refuse and street sweeping, City accounts, that are in arrears , due to an adverse financial impact as a result of a coronavirus . City staff will operate the program, including outreach, application intake, program and income qualification and payment processing. Funds will be directed directly towards to the applicant’s account and will not be provided directly to the family.

Over the last two years, the coronavirus health crisis disproportionately affected the City’s lower income households. Not only were health disparities witnessed but access to healthy food was impacted, there was a lack of available basic needs products, and service sector jobs were unavailable. These adverse impacts caused many families to make the difficult choice between feeding their families and paying their mortgages, rent, and utility bills.

As a result, the City ’s public utilities services were impacted by skipped payments, late payments, and partial payments. A total of 2,865 residential customers have some amount of past due bill ing, totaling approximately $1.4 million in arrears . Of these, 511 residential customers live within the general area of the City’s CDBG -eligible low-mod areas. Currently, past due accounts in the low-mod areas account for approximately $288,086 in fees due.

City staff anticipates assisting approximately 80-100 of these families. The program’s goal is to alleviate the burden on the City’s lower income households, get them current and thereby assist them to remain compliant customers.

To implement this program with the newly re-allocated CDBG-CV funds, HUD requires the City to amend the Consolidated Plan and Action plan to include the CDBG -CV funds and the proposed use of the grant. Approval of the Substantial Amendment to the 2019-2020 Action Plan and the 2016-2020 Consolidated Plan meets that requirement. The Amendment was noticed in the Business Journal, the City’s website, and the City’s social media sites on June 27, 2022, for a five-day public review and comment period, also as req uired by HUD and indicated by the City’s Citizen Participation Plan. Any public comments received during the comment period will 432
AGENDA ITEM NO. 21.
be presented to Council at this public hearing and included in the Amendment Document. In order to expend these funds, a budget amendment is also being requested to increase the FY 2022-2023 Housing and Community Development Budget by $201,848.

FISCAL IMPACT
A total of $201,848 in CDBG -CV funds will be made available for use in the proposed Clovis Emergency Utility Payment Progra m. Adoption of the proposed budget amendment will allow funds in the amount of $201,848 to be available for expenditure in the 2022 -2023 fiscal year .

There is no impact to the General Fund Budget.

REASON FOR RECOMMENDATION
To provide needed assistance to lower-income City residents through a HUD funded Emergency Utility Payment Program.

ACTIONS FOLLOWING APPROVAL
Staff will submit the amendment to the 2019-2020 Action Plan and 2016-2020 Consolidated Plan to HUD, and prepare program materials for implementation.

Prepared by: Claudia Cázares, Management Analyst

Reviewed by: City Manager JH
433
AGENDA ITEM NO. 21.

Attachment 1
RESOLUTION NO. 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
ADOPTING THE SUBSTANTIAL AMENDMENT TO THE 2019-2020 CDBG ANNUAL ACTION PLAN AND THE 2016-2020 CONSOLIDATED PLAN

WHEREAS, the City Council of the City of Clovis is a U. S. Department of Housing and Urban Development (HUD) entitlement city for the purpose of receiving Community Development Block Grant funds; and
WHEREAS, HUD has provided the City of Clovis a re -allocation of Community Development Block Grant – Coronavirus (CDBG-CV) funds in the amount of $201,848.00 to assist in alleviating the effects of the coronavirus; and WHEREAS, HUD requires the City of Clovis to amend its 2019 -20 Annual Action Plan and 2016-2020 Consolidated Plan to identify projects and/or activities to be funded using CDBG- CV funds; and
WHEREAS, the City proposes to utilize the CDBG-CV funds to administer an Emergency Utility Payment Program for low-income families to pay City utility bills in arrears.

NOW, THEREFORE, BE IT RESOLVED that the City of Clovis approves and adopts the Substantial Amendment to the 2019-2020 Annual Action Plan and the 2016-2020 Consolidated Plan.

* * * * *

The foregoing resolution was introduced and adopted at a regularly meeting of the Clovis City Council held on July 5, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

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AGENDA ITEM NO. 21.

Attachment 2

RESOLUTION 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS

APPROVING AN AMENDMENT TO THE ANNUAL BUDGET FOR
FISCAL YEAR 2022-2023

WHEREAS, the City Council adopted the FY 2022-2023 budget on June 13, 2022; and
WHEREAS, through the federal CARES Act, the City of Clovis has received an additional $201,848 allocation of Community Development Block Grant funds in response to the COVID-19 outbreak (CDBG-CV); and
WHEREAS, these revenues and expenditures were not included in the original adopted budget.

NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis approves the budget amendment as shown in the “Summary of Expenditures/Revenues by Department” and “Summary of Expenditures/Revenues by Fund” as attached as Attachment A.

* * * * *

The foregoing resolution was introduced and adopted at a regularly meeting of the Clovis City Council held on July 5, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

______________________________ ______________________________ Mayor City Clerk

435
AGENDA ITEM NO. 21.

ATTACHMENT A

SUMMARY OF EXPENDITURES BY DEPARTMENT

HOUSING AND COMMUNITY DEVELOPMENT
CDBG-CV $201,848.00
TOTAL DEPARTMENT $201,848.00
TOTAL ALL DEPARTMENTS $201,848.00

SUMMARY OF EXPENDITURES BY FUND
Housing and Community Development $201,848.00
TOTAL DEPARTMENT $201,848.00

SUMMARY OF REVENUES BY DEPARTMENT

HOUSING AND COMMUNITY DEVELOPMENT
Housing and Community Development $201,848.00
TOTAL DEPARTMENT $201,848.00

SUMMARY OF REVENUES BY FUND

Housing and Community Development $201,848.00
TOTAL DEPARTMENT $201,848.00

436
AGENDA ITEM NO. 21.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: July 5, 2022
SUBJECT: Conduct a Public Hearing and Consider Approval - Res. 22 -___, A Resolution Declaring the Results of the Property Owner Protest Balloting Proceedings and Approving the Engineer’s Report for Assessment District 95-1 (Blackhorse Estates) Confirming the Assessments for the 2022-23 Fiscal Year.

Staff: Sean Smith, Supervising Civil Engineer
Recommendation: Approve
ATTACHMENTS: 1. Res. 22-___

2. FY 2022-23 Engineer’s Report

CONFLICT OF INTEREST
None.

RECOMMENDATION
For the City Council to:

1. Conduct a Public Hearing regarding the proposed assessment increase in the maximum assessment for Benefit Area 2 (Country View Neighborhood) beginning with Fiscal Year (FY) 2022-23 for the City of Clovis Benefit Assessment District 95 -1 (Blackhorse Estates) pursuant to Proposition 218; and

2. At the conclusion of the public testimony, request any remaining property owner ballots be delivered to the City Clerk, declare the balloting period closed, and any ballots received after that time shall be invalid and not counted; and

3. Declare the assessment ballots will be tabulated; and

4. Approve the Resolution declaring the results of the property owner protest balloting proceedings pursuant to Proposition 218 and approving the FY 2022 -23 Engineer’s report for Assessment District 95-1 confirming the assessments for FY 2022-23.

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AGENDA ITEM NO. 22.

EXECUTIVE SUMMARY
On May 1, 1995, the City Council of the City of Clovis approved Resolution No. 95 -42, forming the maintenance Assessment District (AD) 95-1 (the “District”) within Tract 4299A, comprised of the Blackhorse Estates development. Blackhorse Estates is divided into two areas, Area 1 has 45 homes and is known as the Renaissance neighborhood and Area 2 has 81 homes and is known as the Country View neighborhood, for a total o f 126 homes. Each Area is a gated community where each home is assessed an annual amount to pay for maintenance of the street and landscaping facilities, including sidewalks, curbs and gutters, pavement, valley gutters, entrance control gates, median islan d landscaping, drainage inlets and streetlights benefitting the homes within the District.

Last year, a Proposition 218 vote was conducted in both Benefit areas but only passed in Benefit Area 1 (Renaissance neighborhood). For area 2, the expenses currently exceed the revenues received from the assessments. With costs in general on the rise, this is unsustainable and does not provide funding for any future capital projects . Therefore, it is staff’s recommendation to increase rates by $129.00 per yea r, per home to keep up with basic area maintenance as well as build back up a fund reserve for any future capital projects. Any increase in assessments requires a Proposition 218 vote of the property owners. Staff has sent out notice of the vote along with the ballots and is requesting approval of a resolution declaring the results of the balloting proceedings and approving the FY 2022 -23 Engineer’s report for Assessment District 95-1.

BACKGROUND
The District is comprised of the parcels within a gated community located at the southeast corner of Alluvial and Minnewawa Avenues. It was created under the provisions of the Benefit Assessment Act of 1982 to provide for the maintenance of sidewalks, curbs and gutters, pavement, valley gutters, entran ce control gates, median islands , and median island landscaping, drainage inlets, and streetlights within the District. The maintenance activities are managed through a contract with Regency Property Management, a real estate management firm.

The purpose of the District is to provide all the necessary street maintenance activities within the tract including gated entries and exits. All maintenance within the District is performed on a contractual basis, utilizing private contractors and funds collected by the area assessments. All administrative coordination is performed by Regency Property Management which is contracted by the City on behalf of the District and funded from the collection of area assessments.

The City and Regency Property Management identi fied in FY 2020 -21 that both benefit areas were in need of a slurry seal to preserve and prolong the life of the street pavement. No preventative maintenance had been performed on these streets prior to the City’s slurry seal in June 2022 in either Benefit Area.

Last year, a Proposition 218 vote was held for both benefit areas. The property owners within Benefit Area 1 passed the increased assessment but the property owners within Benefit Area 2 did not. Because the expenses within Benefit Area 2 exceed th e revenues, staff is recommending that a Proposition 218 proceeding again be conducted this year. If the property 438
AGENDA ITEM NO. 22.
owners vote for the annual assessment increase of $129.00 per home per year, the annual revenues will be sufficient to continue to perform the needed maintenance and build a reserve for future larger maintenance activities such as a slurry seal.

The financial reserves in both benefit areas were used to fund the street maintenance work that just concluded in June 2022 . Benefit Area 1 has a posit ive cash flow that will need to be reevaluated in upcoming years. Benefit Area 2 does not have a sustainable budget, but with the increase in annual assessments, reserves for the next street maintenance project would be able to be built back up in a reasonable amount of time.

If a Proposition 218 vote to increase the annual assessments for Benefit Area 2 is not successful, staff would work with Francisco & Associates as well as Regency Property Management to determine the best course of action to cut costs . In this scenario, the level of services and maintenance provided is likely to be noticeably reduced.

For benefit area 1 (Renaissance), the fund balance was substantially depleted due to the higher than expected cost for the slurry seal. Though the reven ues exceed the expenses in this zone, the budget will have to be watched closely to make sure costs are contained within the budget.

This may mean a reduction in service in this are a in the near term and may mean that another adjustment in assessment rates may be needed in the next couple of years, especially if the cost of services continues to grow.

FISCAL IMPACT
There is no fiscal impact to the City.

Should the Proposition 218 vote pass for Benefit Area 2, assessment rates will increase by $129.00 per year, per home.

Should the Proposition 218 vote not pass, the Area 2 would be able to sustain and perform routine maintenance for a limited period of t ime by using its fund balance, but this cannot be sustained for an extended period and there would be no provision for future street maintenance.

Without an increase in the assessments, t he streets would relatively soon need to revert back to the City and the City would be responsible for the maintenance and upkeep.

REASON FOR RECOMMENDATION
The current fund balance for Benefit Area 2 (Country View) will be depleted at the current rate of collected assessments. In order to maintain the current level of service, assessment rates will need to increase to match the cost to maintain that service offering.

In addition, without an increase in assessments, the area will not have the cash flow to fund any future capital projects.

ACTIONS FOLLOWING APPROVAL
If the assessment rate for Benefit Area 2 increase passes, the City will work with the District consultant to get the attached Engineer’s Report signed and recorded with the County Tax Auditor to levy the increased AD 95-1 assessments for FY 2022-23. 439
AGENDA ITEM NO. 22.

If the assessment rate for Benefit Area 2 increase does not pass, the City with work with the District consultant to update the attached Engineer’s Report with the proper assessment rates before getting it signed and recorded with t he County Tax Auditor to levy the AD 95 -1 assessments for FY 2022-23. The decision to remove gates and revert to public streets can be deferred until next year.

Prepared by: Sean Smith, Supervising Civil Engineer / Tatiana Partain, Staff Analyst

Reviewed by: City Manager JH
440
AGENDA ITEM NO. 22.

Attachment 1
RESOLUTION 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS, CALIFORNIA,

DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOTING

PROCEEDINGS FOR BENEFIT AREA II (COUNTRY VIEW NEIGHBORHOOD) AND

APPROVING THE ENGINEER'S REPORT FOR BENEFIT ASSESSMENT DISTRICT 95-1 (BLACKHORSE ESTATES) CONFIRMING THE ASSESSMENTS FOR FISCAL YEAR 2022-2023

WHEREAS, on May 1, 1995, the City Council approved Resolution 95 -42 creating Assessment District 95-1 in Tract 4299A; and

WHEREAS, an Engineer's Report, a copy of which is on file with the City Clerk, has been prepared, evaluating the costs of maintenance in Assessment District 95 -1 for th e 2022-2023 fiscal year; and

WHEREAS, Benefit Area I of Assessment District 95 -1 consists of the Renaissance neighborhood which accesses Minnewawa Avenue as shown on the attached Attachment A; and

WHEREAS, Benefit Area II of Assessment District 95-1 consists of the Country View neighborhood which accesses Alluvial Avenue as shown on the attached Attachment A; and

WHEREAS, the Engineer’s Rep ort sets forth the proposed 202 2-2023 fiscal year assessments for each benefit area within Assessment District 95-1; and

WHEREAS, City staff is proposing increases to the assessments for Benefit Area II commencing with FY 2022-23; and

WHEREAS, City staff has reviewed and concurs with the Engineer's Report; and

WHEREAS, a notice of the proposed assessment increases, including an assessment ballot, was provided to the record owners in Benefit Area II (Country View Neighborhood) in Assessment District 95 -1 as required by Government Code section 53753; and

WHEREAS, the Clovis City Council conducted a public hearing on July 5, 2022 in accordance with law and the notice provided the property owners in Assessment District 95-1, and all objections or protests, if any, and all written and oral testimony submitted by interested persons, if any, to the proposed assessment having been duly considered; and

WHEREAS, the City Clerk has tabulated all assessment ballots submitted in favor of and in opposition to the proposed assessment increases for each benefit area within 441
AGENDA ITEM NO. 22.

Assessment District 95-1, and certified the following results: ___in favor and ___ opposed to the proposed assessment increase in Benefit Area II.

NOW, THEREFORE, IT IS RESOLVED AND ORDERED, as follows:

1. The recitals above are true and made a substantive part of this resolution; and

2. The Engineer's Report, in the form on file with the City Clerk or as amended per the results of the property owner protest balloting proceedings , is hereby accepted and approved; and

City staff is hereby directed to provide the County Auditor with the assessments to be collected on behalf of Assessment District 95-1 for FY 2022-23.

* * * * *

The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on July 5, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 5, 2022

______________________________ ______________________________ Mayor City Clerk

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AGENDA ITEM NO. 22.

Benefit Assessment Area 1
Benefit Assessment Area 2
Alluvial Ave
N M
innewawa Ave
Athens Ave
Oak Ave
N Villa Ave
N Dartm
outh Ave
Park Creek Dr
Minarets Ave
W Alluvial Ave
Chennault Ave
N O
xford Ave
N De W
itt Ave
Bedford Ave
N Harvard Ave
N Cherry Ln
W Athens Ave
Birch Ave
W Bedford Ave
W Decatur Ave
N Perry Ave
N Fairfax Ave
Spruce Ave
N De W
itt Ave
N Harvard Ave
N De W
itt Ave
N Harvard Ave
N Cherry Ln
Park Creek Dr
N Minnewawa Ave
Bedford Ave
N O
xford Ave
N Harvard Ave
Bedford Ave
Athens Ave
Park Creek Dr
N Cherry Ln
Birch Ave
Copyright nearmap 2015
O
1 " = 300 ' 5/28/2020
Assessment District 95-1
Attachment 3
Attachment A to Attachment 1 443
AGENDA ITEM NO. 22.

City of Clovis

BENEFIT ASSESSMENT
District No. 95-1

Prepared by:

Francisco & Associates
231 Market Place, Suite 543
San Ramon, CA 94583
(925) 867-3400
Fiscal Year 2022-23
Final Engineer’s Report
July 5, 2022
Attachment 2
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AGENDA ITEM NO. 22.

Clovis Be nefit As sessment District No. 95 -1
Fiscal Ye ar 2022-23 TABLE OF CONTENTS
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Page No.

Agency Directory ........................................................................................................................ ii

Certificates .................................................................................................................................. iii

SECTION I Introduction .................................................................................................... 1

SECTION II Engineer’s Report........................................................................................... 3

Part A - Plans and Specifications ............................................................................. 5

Part B - Estimate of Cost ............................................................................................ 6 Table 1 – Cost Estimate Benefit Area I (Renaissance) ...................... 7 Table 2 – Cost Estimate Benefit Area II (Country View) ................ 8

Part C - Assessment District Diagram ................................................................... 9

Part D - Method of Apportionment of Assessment ........................................... 11

Part E - Property List and Assessment Roll ....................................................... 14

Appendix A - Detailed Statement of Costs for Benefit Area I (Renaissance)

Appendix B - Detailed Statement of Costs for Benefit Area II (Country View)

Appendix C - Assessment Roll
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AGENDA ITEM NO. 22.

Clovis Benefit Assessment D istrict No. 95 -1
Fiscal Y ear 2022-23 AGENCY DIRECTORY
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CITY OF CLOVIS

CITY COUNCIL MEMBERS AND CITY STAFF

FISCAL YEAR 2022-23

City Council Members

Jose Flores
Mayor

Lynne Ashbeck Drew Bessinger
Ma yor Pro-Tem Council Member

Bob Whalen Vong Mouanoutoua
Council Member Council Member

City Staff Members

John Holt
City Manager

Scott Cross Karey Cha
City Attorney City Clerk

Jay Schengel Mike Harrison
Finance Director City Engineer

Sean Smith
Supervising Civil Engineer

Francisco & Associates
Assessment Engineer

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AGENDA ITEM NO. 22.

Clovis Benefit Asse ssment Di strict No. 95 -1
Fiscal Y ear 2022-23 CERTIFICATES
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ENGINEER'S REPORT

CITY OF CLOVIS
ENGINEER’S REPORT FOR THE CITY’S
BENEFIT ASSESSMENT DISTRICT NO. 95-1

Fiscal Year 2022-23

The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Clovis City Council pursuant to the provisions of t he Benefit Assessment Act of 1982, Article XIIIC and XIIID o f the Cali fornia Constitution and pursuant to the Charter and Municipal Code of the City of Clovis . The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: ______June 27, 2022__ By:

Eduardo Espinoza, P.E.

RCE # 40688

I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram, thereto attached, was filed with me on the ________day of ____________, 2022.

Karey Cha, City Clerk
City of Clovis
Fresno County, California

By:

I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram, thereto attached, was approved and confirmed by the Council of the City of Clovis, Fresno County, California, on the ________ day of ____________, 20 22, by adoption of Resolution No. _________.

Karey Cha, City Clerk
City of Clovis
Fresno County, California

By:

I HEREBY CERTIFY that the enclosed Engineer's Rep ort, together with Assessment Roll and Assessment Diagram, thereto attached, was filed in my office in the County of Fresno, on the ________ day of ______________, 2022.

Oscar J. Garcia, CPA, Auditor
Fresno County, California

By:
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Clovis Benefit Assessment District No. 95 -1 SECTION I
Fiscal Year 2022-23 INTRODUCTION
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SECTION I

INTRODUCTION

ENGINEER'S REPORT

CITY OF CLOVIS
ENGINEER’S REPORT FOR THE CITY’S
BENEFIT ASSESSMENT DISTRICT NO. 95-1

Fiscal Year 2022-23

Background Information
To insure the proper flow of funds for the ongo ing ope ration, mai ntenance and servicing of specific impr ovements wi thin the boundaries of the Benefit Assessment District No. 95 -1 (“District”), the City Council, through the Benefit Assessment Act of 1982 (“1982 Act”) , previously approved the formation of the Di strict which includes two (2 ) benefit areas as described in this Engineer’s Report (“Report”). Benefit Area I is comprised of the Renaissance development and Benefit Area II is comprised of the Coun try View development.

Improvements, which may be constructed, ope rated, maintained and serv iced by the Di strict, include, but are not limited to:

Sidewalks, curbs and gutters, pavement, valley gutters, entrance con trol gates, me dians islands and median island landscaping, drainage inlets and streetlights.

Generally, Developers as a part of th eir development conditions, are required to construct the improvements listed above which benefit their development. Howeve r, the on going operation, maintenance, servicing and capital replacement of these improve ments are financed through the levy of asse ssments on parc els within the District. As new developments occur, benefit areas may be created within the District to ensu re the operation, maintenance, servicing and capital replacement of the improvements are sp ecifically paid for by those propert y owners who directly benefit from those improvements.

Current Annual Administration
As required by the Benefit Assessment Act of 19 82, this Report i ncludes for the ensuing fiscal year: (1) a general description of the improvements to be constructed, operated, m aintained and serviced by the District, (2) an estimated budget to construct, operate, maintain and service the improvements, (3) the method u sed to distribute the costs to the benefiting property owners within the District, (4) a diagram of the District a nd associated benefit areas, and (5) listing of the proposed Fiscal Year 202 2-23 assessments to be levied upon each assessabl e lot or parcel within the District.

For FY 2022-23, the City Council proposes to increase the maximum annual assessment rate for parcels located within Benefit Area II (Country View). The purpose of the proposed assessment rate increase is to keep up with significant increases in maintenance costs and accumulate funds to perform future slurry seal maintenance.

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Fiscal Year 2022-23 INTRODUCTION
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The proposed incr ease in t he ass essment rate required the City to conduct Proposition 218 property owner proceedings. The City mailed notices and ballots to the property owners within Benefit Area II (Country View) a minimum of 45 days prior to the Pu blic Hearing set for J uly 5, 2022. At the Public H earing, the City provid ed an opportunity for any interested p erson to provide testimony. After the P ublic Hearing input portion, the City Council ask ed if there are any remaining ballots to be tur ned in or if anyone wa nts to change their vote. The ballots were then tabulated. A majority of the ballots returned were in favor of the proposed assessment increase. The result of the ballot tabulation was presented to C ity Council on July 5, 2022 and the City Council subsequently adopted a resolution confirming the Fiscal Year 2022-23 levy and collection of assessments for both benefit areas which incl uded the app roved assessment increase for Benefit Area II (Country View).

Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be plac ed in a s pecial fund and c an only be used for t he purposes stated within this Report.

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AGENDA ITEM NO. 22.

Clovis Benefit Assessment District No . 95-1 SECTION II Fiscal Year 2022-23 ENGINEER'S REPORT
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SECTION II

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982
SECTION 54703 THROUGH 54720

OF THE CALIFORNIA GOVERNMENT CODE

Pursuant to the Benefit Assessment Act of 1982 (Part 1 of Division 2 of Title 5 of the Government Code of the State of California), and in accordance with Resolution No. 2 2-38 initiating proceedings for the l evy and collection of assessments , ordering the preparation of the annual Engineer’s Report, approving the Preliminary Engineer’s Report, and declaring the intention for levy and collection of assessments, adopted by the City Cou ncil of the City of Clovis , on May 9, 2022, and in connection with the proceedings for:

CITY OF CLOVIS
BENEFIT ASSESSMENT DISTRICT NO. 95-1

Herein after referred to as the “District", I, Eduardo Espinoza, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS

This part describes the improvements to be financed by the District. Plans and specifications for the improvements are as set forth on the lists thereof, attache d hereto, and are on file in the Office of the City Clerk of the City of Clovis and are incorporated herein by reference.

PART B: ESTIMATE OF COST

This part con tains an est imate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith.

PART C: ASSESSMENT DISTRICT DIAGRAM

This part inc orporates by reference a diagram of the District showing the boundaries of any benefit areas within the District and the lines and dimensions of each lot or parcel of land within the District. The lines and dimensi ons of each lot or parcel within the District are tho se lines and dimensions show n on the maps of the Fresno County Assessor for the year wh en this Report was prepared. The Assessor's maps and records are incorpo rated by reference and made part of this Report.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENT

This part contains the met hod of appor tionment of assessments, ba sed upon par cel classification of land within the District, in proportion to the estimated benefits to be received.

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PART E: PROPERTY LIST AND ASSESSMENT ROLL

This part contains a list of the Fresno County Assessor’s parcel numbers, and the amount to b e assessed upon the benefited lands within the District. The Assessment Roll is filed i n the Office of the Clovis City Clerk and is i ncorporated in this Report by reference. The list is keyed to the records of the Fresno County Assessor, which are incorporated herein by reference. 451
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PART A

PLANS AND SPECIFICATIONS

The facilities, which hav e been constructed within the City of Clovis , and those which may be subsequently constructed, operated, maintained, and serviced are generally described as follows:

Street and Landscaping Facilities

Street and Landscaping facilities consist of, but are n ot limited to: operation, maintenance and servicing of sid ewalks parallel to and within 27 fe et of the center line of the streets , curbs and gutters, paved sections, valley gutte rs, four entrance c ontrol gates located on Birch Avenue, Chennault Avenue, Oxf ord Avenue and Dartmouth Avenue, median isla nds and landscaping in the median isl ands, drainage inlet structures, and streetlights located within the boundaries of the District.

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PART B

ESTIMATE OF COST

The 19 82 Act requires that a special fund be set up for the c ollection of revenues and expenditures for the D istrict. The 1982 Act provides t hat the total cost for the construction , operation, maintenance and servicing of the s treet fa cilities can be recovered by the District.

Incidental expenses incl uding administration of the District, enginee ring fees, legal fees, and all other costs associated with the District can also be included.

Revenues collected from the assessments within e ach ben efit area shall be used only for the expenditures associated with each benefit area as authorized under the 1982 Act. Any balance remaining at the end of the fiscal year must be carried over to the next fiscal year.

Tables 1 and 2 below provide a summary of the total Fiscal Year 2022-23 estimated revenues and expenditures for each benefit area.

For a detaile d breakdown on the revenues and expe nditures for each benefit area within the District please refer to Appendix "A" and Appendix "B" in this report.

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TABLE NO. 1: COST ESTIMATE FY 2022-23
Benefit Area I (Renaissance)
Projected Beginning Balance as of July 1, 2022: $34,982 Revenue
Annual Assessments $29,115
Total Revenue: $64,097
Annual Expenditures(1)
Office Supplies and Miscellaneous Maintenance ($400)
Telephone ($1,500)
Electronic Gate Maintenance ($2,000)
Street Sweeping ($720)
Landscape Maintenance ($6,798)
Electrical Power for Gate and Streetlights ($3,500)
City Administration Costs ($1,800)
County Collection Fees ($8)
District Administrator ($8,940)
Assessment Engineering ($1,411)
Insurance ($1,100)
Annual Expenditures Subtotal: ($28,177)
Capital Improvement Projects
Slurry Seal ($35,000)
Sidewalk Repairs & Gate Replacement ($0)
Capital Improvement Projects Subtotal: ($35,000)
Total Expenses: ($63,177)
Projected Ending Balance as of June 30, 2023: $920
Reserve Detail as of June 30, 2023
Recommended Operating Reserves(2)
$14,089
Available Operating Reserves $920
Available Capital Reserves(3)
$0
Assessment Rate (45 Parcels) $647.00
Notes:
(1) See Appendix "A" for a detailed description of expenses. (2) Operating reserves are needed because the City does not receive the assessment revenue from the County until halfway through the fiscal year. Therefore, it is recommended the City have an operating reserve to fund 6 months of the estimated annual expenditures anticipated to be incurred from July 1 through December 31 of each fiscal year.
(3) Capital reserve funds will be used for Capital Improvement Projects or to replace existing improvements once they have reached the end of their useful life. 454
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Clovis Benefit As sessm ent Di strict No. 95 -1 SECTION II Fiscal Year 2022-23 PART C
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Projected Beginning Balance as of J uly 1, 2022 $69,088 R
evenue
Annual Assessments $ 47,790
Total Revenue: $116,878
Annual Expenditures ( 1)
Office Supplies and Miscellaneous Maintenance ( $ 1,000) T
elephone ( $ 1,500)
Electronic Gate Maintenance ( $ 2,000)
Street Sw eeping ( $ 1,800)
Landscape Maintenance ( $ 8,650)
E lectrical Pow er for Gate and Streetlig hts ( $ 3,500) City Administration Costs ( $ 3,000)
County Collection Fees ($14)
District Administrator ( $ 13,860)
Assessment E ngineering ( $ 2,539)
Insurance ( $ 1,600)
Annual E xpenditures Subtotal: ($39,463)
Capital Improvement Projects
Slurry Seal ( $ 45,000)
Sidew alk Repairs & Gate Replacement ( $ 0)
Capital Improvement Proj ects Subtotal: ( $ 45,000)
Total Expenses: ($84,463)
Projected Ending Balance as of June 30, 2023: $ 3 2, 4 15 Reserve Detail as of June 30, 2023
Recommended Operating Reserv es( 2) $ 19,732
Av ailable Operating Reserv es $ 19,732
Av ailable Capital Reserv es( 3) $ 12,683
Assessment Rate (81 Parcels) $590.00/parcel
N
otes:
(1) See Appendix "A" for a detailed description of expenses. (2) Operating reserv es are needed because the C ity does not receiv e the assessment rev enue from the C ounty until halfw ay through the fiscal year. T herefore, it is recommended the C ity hav e an operating reserv e to fund 6 months of the estimated annual expenditures anticipated to be incurred from July 1 through December 31 of each fiscal year.
(3) C apital reserv e funds w ill be used for C apital Improv ement Projects or to replace existing improv ements once they hav e reached the end of their useful life.

TABLE NO. 2: COST ESTIM ATE FY 2022-23
Benefit Area II (Country View ) - Proposed $129/year Increase

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PART C

ASSESSMENT DISTRICT DIAGRAM

The boundar y of the District is completely within the boundar ies of the C ity of Cl ovis. Th e Assessment Diagram for the two benefit areas is on file in the Office of the City Clerk of the City of Clovis and is shown on the following page of this Report. The lines and dim ensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Fresno County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report.

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AGENDA ITEM NO. 22.
0 500 Feet
¯
Prepared by Francisco & Associates
Birch Ave
Oxford Ave
Harvard Ave
Dartmouth Ave
Oak Ave
Minarets Ave
Minnewawa Ave
Park Creek Dr
Alluvial Ave
Legend
Street Lights
Electronic Gates
Benefit Assessment District Boundary
Landscape Maintenance Areas
Street Maintenance Areas
Parcel Lines
City of Clovis
Benefit Assessment District No. 95-1
Blackhorse Estates
Maintenance Improvement Diagram

BENEFIT
AREA I

BENEFIT

AREA II
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PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

This section explains the benefits to be derived from the street and landscaping improvements and the method ology used to appor tion the co sts to the b enefitting properties within the District.

Discussion of Special Benefit
Part 1 of Divisio n 2 o f Titl e 5 of th e Governm ent Code, the Benef it Assessment Act of 1982 , permits the estab lishment of assessment district s by Agencie s f or t he purpose of providing certain public improvements and services whi ch in clude t he construction, operation, maintenance and servicing of street facilities.

Section 54711 of the Benefit Assessment Act of 1982 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states:

“The amount of the asse ssment impo sed on any parcel o f prop erty shall b e related to the benefit to the parcel which will be derived from the provision of the service.”

In addi tion, the 198 2 Act permits the designation of zones or ar eas of b enefit within any individual assessment district.

Article XIIID, Section 4(a) of the California Constitution (also known as Proposition 218) limits the amount of any assessment to the proportional special benefit conferred on the property.

“No as sessment shall be imposed on any parcel which exceeds the reasonable cost o f the proportional special benefit conferred on that parcel.”

Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence t hat those pr operties receive no special benef it from the assessmen t.

Exempted fro m the assessme nt would be the areas of public st reets, p ublic avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of- ways, p ublic greenbelts and public parkways, and t hat po rtion of public pr operty that is not developed and used for business purposes similar to priv ate residential, commercial, industrial, and institutional activities.

Special versus General Benefit
In t he a bsence of an annual assessment, the stree t and landsc aping maintenance activities within e ach benefit area of the District would not b e provided. All the assessment proceeds derived from each be nefit area will be utilized to fund the cost of providing a level of tangible “special benefits” in th e form of property related services which benefit individual properties to which the services are provide d. The a ssessments are also st ructured to provid e spec ific improvements within each benefit area, further ensuring that the improvements funded by the assessments are of specific and special benefit to property within each benefit area.

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The street and la ndscaping facilities in each benefit area of the Distri ct wer e specifically designed, located and created to p rovide vehicular access to residences for the direct benefit of property inside the benefi t area, and not the public at large. The boundaries of the benefit area have been draw n t o include only those parcels that receive a direct benefit from the improvements. Other properties that are outside a benefit area do not benefit from the property related improvements.

It is therefore concluded that all the street and landscaping maintenance activities funded by the assessments are of special benefit to t he i dentified benefiting properties located w ithin the benefit areas and that the value of the special benefits from such Improvem ents to property in the benefit areas reasonably exceeds the cost of the assessments for every assessed parcel in the benefit areas. ( In o ther words, as required by Propos ition 218: t he reasonable cost of the proportional special benefit conferred on each parcel does not exce ed the cost of the assessments.)

ASSESSMENT METHODOLOGY

The 1982 Act requires that assessments must be b ased on the benefit that the subject p roperties receive from the i mprovements being maintained . The improvements to be maintained by the District relate to the vehicular access from the public streets, adjacent to the District, and to the residences within the District.

Each year, the Engineer for the District shall evaluate the conditions of the improvements to be maintained by th e Distri ct and shall estimate the required costs of the maintenance a nd incidental costs and spread the assessments to the ben efitting properties. A portion of the estimated costs may be set aside for significant maintenance items, such as seal coats and street surface overlays. If necessary, revised amounts for the assessments will be determined by the Engineer for the District th en considered by the City Council of the C ity of Clovis to rev ise the amounts of the assessments as they deem appropriate.

Since the assessments are levied on the o wners of pro perties as shown on the secur ed property tax rolls, the final charges must be assigned by Assessor's Parcel Number.

The sin gle-family resi dential p arcel h as been select ed as the basic unit for the calculation of assessments since it represen ts all the parcels within the Distri ct. Therefore, the single -family residential parce l ha s been det ermined to have equal vehicular access from the publ ic streets, adjacent to the District, and to the residential parcels. For the spread of the assessment s, there are 45 r esidential parcels in Be nefit Area I ( Renaissance) and 81 residential parce ls in B enefit Area I I (Country View) that will be assessed for the maintenance of the imp rovements.

Therefore, the maintenance and incidental cos ts for Benefit Area I (Renaissance) will be equally spread to each of the residential parcels within B enefit Area I (Renaissance) and the maintenance and incidental costs for Benefit Area II (Country View) will be equally spread t o each of the residential parcels within Benefit Area II (Country View).

Below is a li sting of each of the bene fit areas, their co rresponding number and type of parcels within each benefit area and the method of apportioning the costs of the improvements to th e benefiting parcels.
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Benefit Area I (Renaissance)

Benefit Area I (Renaissance) is comprised of 45 single-family residential parcels. In Fiscal Year 2022-23, there are 45 as sessable parcels, an d the total assessment r evenue needed to operate and maintain the facilities wit hin Benefit Area I (Renaissance) is $2 9,115. This results in the following proposed assessment that will be levied within Benefit Area I (Renaissance):

Fiscal Year 2022-23 Rate: $647.00/parcel

Benefit Area II (Country View)

Benefit Area II (Country View) is comprised of 81 single-family residential parcels. In Fiscal Year 2022-23, there are 81 assessable parcel s, and the tota l a ssessment revenue needed to operate and maintain the facilities with in Benefit Area II (Country View) is $47,790. This results in the following proposed ass essment that will be lev ied within Benefit Ar ea II (Country View):

Fiscal Year 2022-23 Rate: $590.00/parcel
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PART E

PROPERTY LIST AND ASSESSMENT ROLL

A list of the addresses of all parcels, and th e description of each lot or par cel within each of the City of Clovis’s Benefit Assessment D istrict No. 95-1 is shown on the last equalize d Property Tax Roll of the Fresno County Assessor, which by reference is hereby made a part of this Report.

This li st is keyed to the A ssessor's Pa rcel Numbers as shown on the Assessment Roll, which includes the maximum proposed amount of assessments apportioned to each lot or parcel. The Assessment Roll is on file in the Office of the City Clerk of the City of Clovis and is sh own in this Report as Appendix “C”.

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Clovis Bene fit A ssessment District No. 9 5-1
Fiscal Year 2022-23 APPENDIX A
Francisco & Associates

APPENDIX A

DETAILED STATEMENT OF COSTS FOR

BENEFIT AREA I (RENAISSANCE)

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BENEFIT AREA I (RENAISSANCE)

DETAILED STATEMENT OF COSTS

The detailed description of costs for each of the improvements to be operated, maintaine d, and serviced in Be nefit A rea I (Re naissance), and those which may be su bsequently operated, maintained and serviced are generally described as follows:

Office Supplies and Miscellaneous Maintenance

This item is to cover unexpected costs that may arise in any given fiscal year that is g enerally associated with the following improvements:

1. Street pavement and surface maintenance

2. Curb, gutter, and sidewalk

3. Street or traffic signs

4. S torm drain inlets

5. Concrete valley gutters

Based on historical data, re pairs to th e above-mentioned improvements are not needed eac h fiscal year. The estimated cost for miscellaneous/contingency repairs in Fiscal Y ear 2022-23 is $400. If major repairs ar e needed du ring the fiscal ye ar, funds will be utilized from the capital reserve fund.

Electronic Gate Maintenance

There are two e lectronic gates that will be maintained by the Dis trict. T he estimated cost for electronic gate maintenance in Fiscal Year 2022-23 is $2,000.

Telephone Costs

Telephone costs are for maintaining the telephon e located at the entrance gate whi ch will be used by people at the gate to communicate with the residents of the District.

There are two gates. One gate is an "Enter Only" gate and the other is an "Exit Only" gate. There will only be one telephone to be maintained at the "Enter Only" gate.

The tel ephone system is a private system and the cost for repair and replace ment of the telephone equipm ent, when ne eded, will be paid for from the capital reser ve f und. The estimated cost to fund telephone equipment repairs and local calls is $1,500 for Fiscal Year 2022-

23. 463
AGENDA ITEM NO. 22.

Clovis Bene fit A ssessment District No. 9 5-1
Fiscal Year 2022-23 APPENDIX A
Francisco & A ssociates
A - 2
Street Sweeping

These costs are based on a firm bid obtained by the District Administrator.

The s treets will be s wept once eve ry two months within Benefit Area I ( Renaissance) for an estimated cost of $720/year.

Landscape Maintenance

The areas where landscaping is scheduled t o be maintained by the District are in the me dian island p lanters constructed at the gates. The total are a of landscaping to be maintai ned is approximately 500 square feet.

Historically, the residents within Benefit Area I (Renaissance) have routinely requested a higher level of landscape installation and mainte nance than w as o riginally planned, including th e planting of annual flowers that has resulted in increased maintenance costs.

The total cost of la ndscape maintenance including City of Clovis water charges for Fiscal Year 2022-23 will be $6,798 as estimated by the District Administrator.

Electrical Power for Gate and Streetlights

The total estimated c ost fo r elec trical power charge s for gate operations and stre etlights for Fiscal Year 2022-23 is $3,500.

City Administration Costs

The City of Clovis will have many r esponsibilities for the admin istration of the Dis trict.

Included in these costs are:

a. Cit y Council Costs related to notices, hearings, etc. b. A ttorney fees for the City Attorney to prepare the legal documents as are required for the operation of the District.
c. Staff time for the preparation of documents necessary for the on-going operation of the District.
d. Staff time for the review of documents prepared by District Consultants as necessary for the on-going operations of the District.
e. Staff time related to the timely app lication of necessary maintenance and repairs as required.

The estimated annual cost for City Administration in Fiscal Year 2022-23 is $1,800.

464
AGENDA ITEM NO. 22.

Clovis Bene fit A ssessment District No. 9 5-1
Fiscal Year 2022-23 APPENDIX A
Francisco & A ssociates
A - 3
County Collection Fees

The cost from the County of Fresno related to the collection of assessments and transfer of funds to the City is $0.17 per parcel.

The total estimated cost for the County of Fresno collection fees in Fiscal Year 2022-23 is $8 (45 parcels x $0.17/parcel).

District Administrator

The District Administrator will manage the maintena nce of improve ments for the District for a cost of $8,940 for Fiscal Year 2022-23.

Assessment Engineering

The District Ass essment Engineer is Francisco & A ssociates. They have a contract w ith the District to p erform the assessment engineering services for the sum of $1,411 for Fiscal Y ear 2022-23.

Insurance Costs

The District will carry property damage insurance for damage to the gates caused by an accident or vandalism and Comprehensive General Liability Insurance with Excess Coverage.

The property insurance is issued by State Farm Insurance Company. It provides for a maximum of $80,000 per occurrence for damage to the electronic gates with a $1,000 deductible.

The Comprehensive Liability Insurance is issued by State Farm Insurance Company , which has the following coverage:

$3,000,000 G eneral Aggregate
$3,000,000 Each Occurrence
$3,000,000 Personal Injury
$ 50,000 Fire Damage Legal Liability

The total estimated insurance cost for Fiscal Year 2022-23 is $1,100.

Capital Reserve

On th e recommendation of th e District Admi nistrator and the City of Clovis Finance Department, Capital Reserve s are accumulated to provide funding for future expenses that do not occur on an a nnual basis including, but not limite d t o, ro adway slurry seal maintenance, sidewalk repairs, gate replacement, gate o perator replacement, gate support columns and track replacement, gate phone/phone board replacement, and landscape upgrades. 465
AGENDA ITEM NO. 22.

Clovis Bene fit A ssessment District No. 9 5-1
Fiscal Year 2022-23 APPENDIX A
Francisco & A ssociates
A - 4
In FY 20 21-22, roadway slurry seal maintenance and addi tional landscape maintenan ce at the front and back gate of the n eighborhood was performed . The estimated cost of $35,000 for the roadway slurry seal maintenance will be paid in FY 2022-23 and therefore included as part of the FY 2022-23 budget.

Slurry Seal Work June 2022
466
AGENDA ITEM NO. 22.

Clovis Bene fit A ssessment Distr ict No. 95 -1
Fiscal Year 2022-23 APPENDIX B
Francisco & Associates

APPENDIX B

DETAILED STATEMENT OF COSTS FOR

BENEFIT AREA II (COUNTRY VIEW)

467
AGENDA ITEM NO. 22.

Clovis Bene fit A ssessment Distr ict No. 95 -1
Fiscal Year 2022-23 APPENDIX B
Francisco & As sociates
B - 1

BENEFIT AREA II (COUNTRY VIEW)

DETAILED STATEMENT OF COSTS

The detailed description of costs for each of the improveme nts to be operated, maintained and serviced in Benefit Area I I (Country Vi ew), and those which may be subsequently operated , maintained and serviced are generally described as follows:

Office Supplies and Miscellaneous Maintenance

This item is to cover un expected costs that may arise in any given fi scal y ear that is generally associated with the following improvements:

1. Street pavement and surface maintenance

2. Curb, gutter, and sidewalk

3. Street or traffic signs

4. Storm drain inlets

5. Concrete valley gutters

Based on historical data, re pairs to the above -mentioned improvements are not needed each fiscal year. The amount to be assessed for miscellaneous/contingency repairs in Fiscal Year 2022- 23 is $1,000. If major repairs are needed during the f iscal year, funds will be utilized from the capital reserve fund.

Electronic Gate Maintenance

There are two elec tronic g ates tha t will be maintained by the District. The estimated cost for electronic gate maintenance in Fiscal Year 2022-23 is $2,000.

Telephone Costs

Telephone costs are for maintai ning the tel ephone located at the en trance gate which wil l be used by people at the gate to communicate with the residents of the District.

There are two gates. One gate is an "Enter Only" gate and the other is an "Exit Only" gate. There will only be one telephone to be maintained at the "Enter Only" gate.

The telephone sys tem i s a private system an d the cost f or repair and replacement of the telephone equip ment, when need ed, will be paid for from the capital res erve fund. The estimated cost to fund telephone equipment repairs and local calls is $1,500 for Fiscal Year 2022-

23. 468
AGENDA ITEM NO. 22.

Clovis Bene fit A ssessment Distr ict No. 95 -1
Fiscal Year 2022-23 APPENDIX B
Francisco & As sociates
B - 2
Street Sweeping

These costs are based on a firm bid obtained by the District Administrator.

The streets will be swept o nce every m onth within Benefit Area II (Country Vie w) f or a n estimated cost of $1,800/year.

Landscape Maintenance

The areas where landscaping is scheduled t o be maint ained b y the District are in the median island planters constructed at the gates and a 2,800-sf grass area located on Dartmouth Avenue.

The total cost of landscape maintenance including City of Clovis water charges fo r Fiscal Year 2022-23 will be $8,650 as estimated by the District Administrator.

Electrical Power for Gate and Streetlights

The total estimated cost for electrical pow er cha rges for gate operations an d streetlights for Fiscal Year 2022-23 is $3,500.

City Administration Costs

The City of Cl ovis will have man y res ponsibilities for the a dministration of the Distr ict.

Included in these costs are:

a. City Council Costs related to notices, hearings, etc. b. Attorn ey fees for the City Attorney to prepare the legal documents as are required for the operation of the District.
c. Staff time for the preparation of documents necessary for the on-going operation of the District.
d. Staff time for the review of documents prepared by District Consultants as necessary for the on-going operations of the District.
e. Staff time related to th e timely application of necessary m aintenance and repairs as r equired.

The estimated annual cost for City Administration in Fiscal Year 2022-23 is $3,000.

County Collection Fees

The cost from the County of Fresno related to the collection of assessments and transfer of funds to the City is $0.17 per parcel.

The total estimated cost for the County of Fresno collection fees in Fiscal Year 2022-23 is $14 (81 parcels x $0.17/parcel).

469
AGENDA ITEM NO. 22.

Clovis Bene fit A ssessment Distr ict No. 95 -1
Fiscal Year 2022-23 APPENDIX B
Francisco & As sociates
B - 3
District Administrator

The District Administrator will manage the ma intenance of the improv ements for the District for a cost of $13,860 for Fiscal Year 2022-23.

Assessment Engineering

The District Assessment E ngineer i s Fran cisco & Associates . They have a co ntract with th e District to perform the a ssessment engi neering servic es for th e sum of $ 2,539 f or Fiscal Year 2022-23.

Insurance Costs

The District will carry property damage insurance for damage to the gates caused by an accident or vandalism and Comprehensive General Liability Insurance with Excess Coverage.

The property insurance is issued by State Farm Insurance Company. It provides for a maximum of $80,000 per occurrence for damage to the electronic gates with a $1,000 deductible.

The Comprehensive Liability Insurance is issued by Sta te Farm Insurance Company, which has the following coverage:

$3,000,000 G eneral Aggregate
$3,000,000 Each Occurrence
$3,000,000 Pe rsonal Injury
$ 50,000 Fire Damage Legal Liability

The total estimated insurance cost for Fiscal Year 2022-23 is $1,600.

Capital Reserve

On the reco mmendation of the Di strict Admin istrator and the C ity o f Clovis Finance Department, Capital Reserves are accu mulated to provide funding for future expenses that do not occur on an annual basis including but not limited to the roadway slurry seal maintenance, sidewalk repairs, ga te replacement, gate operator replacement, gate support columns and track replacement, and gate phone/phone board replacement, and landscape upgrades.

In FY 2021-22, roadway slurry seal maintenance was performed. The estimated cost of $4 5,000 for the roadway slurry se al maintenance will be paid in FY 2022 -23 and t herefore included as part of the FY 2022-23 budget.

470
AGENDA ITEM NO. 22.

Clovis Bene fit A ssessment Distr ict No. 95 -1
Fiscal Year 2022-23 APPENDIX B
Francisco & As sociates
B - 4

Slurry Seal Work June 2022
471
AGENDA ITEM NO. 22.

Clovis B enefit A ssessment District No. 95 -1
Fiscal Year 2022-23 APPENDIX C
Francisco & As sociat es

APPENDIX C

ASSESSMENT ROLL

472
AGENDA ITEM NO. 22.

CITY OF CLOVIS
ASSESSMENT DISTRICT NO. 1995-1
(Blackhorse Estates)
Assessment Roll
Fiscal Year 2022-23
Benefit Area
Assessor's
Parcel
Number
Assessment
Amount
Benefit
Area
Property
Owner
Property
Address
1 Tract
and Lot
562-151-08 $647.001 NISHIMURA GAREY 25 CHENNAULT AVE TR 4299 Lot 1 562-151-09 $647.001 REED SAMUEL H 45 CHENNAULT AVE TR 4299 Lot 2 562-151-10 $647.001 ANTARAMIAN PETER 65 CHENNAULT AVE TR 4299 Lot 3 562-151-11 $647.001 TWEDT BRIAN D & VICKIE L 85 CHENNAULT AVE TR 4299 Lot 4 562-151-12 $647.001 SYVERTSEN WILLIAM & CHERYLE L FAM TRUST 105 CHENNAULT AVE TR 4299 Lot 5 562-151-13 $647.001 HSIAO PAUL SHIHYEN & HSIN-CHING LIN 125 CHENNAULT AVE TR 4299 Lot 6 562-152-04 $647.001 NIMERI ABDELRAHMAN & SHAIMA 650 N CHERRY LN TR 4299 Lot 41 562-152-05 $647.001 SRA FAMILY 640 N CHERRY LN TR 4299 Lot 40 562-152-06 $647.001 DUNMORE JAMES L JR & TRACEE L 42 CHENNAULT AVE TR 4299 Lot 43 562-152-07 $647.001 HSIAO PAUL S 62 CHENNAULT AVE TR 4299 Lot 42 562-153-03 $647.001 TAKEDA VICTOR K & ANNE M TRUSTEES 665 N CHERRY LN TR 4299 Lot 18 562-153-04 $647.001 SIRIMARCO JAMES V III & DONNA M 655 N CHERRY LN TR 4299 Lot 19 562-153-05 $647.001 ROBERTSON STEPHEN W JR 635 N CHERRY LN TR 4299 Lot 20 562-153-06 $647.001 STAFFORD FRANKLIN H 611 N CHERRY LN TR 4299 Lot 21 562-153-07 $647.001 BIGLIERI JULIE M TRS 601 N CHERRY LN TR 4299 Lot 22 562-153-13 $647.001 KALMES BEAU AARON & BRITTANY STOKER 624 N OXFORD AVE TR 4299 Lot 12 562-153-14 $647.001 CHAVEZ MANUEL A & ROSSANNE C TRS 634 N OXFORD AVE TR 4299 Lot 13 562-153-15 $647.001 BURRI CHRISTINE ISKENDERIAN 644 N OXFORD AVE TR 4299 Lot 14 562-153-16 $647.001 SHIDIYWAH SAIF & HUDA 664 N OXFORD AVE TR 4299 Lot 15 562-153-17 $647.001 STAWARSKI DOUGLAS P & KAKELLY 684 N OXFORD AVE TR 4299 Lot 16 562-153-18 $647.001 LEE JOSEPH & MIN HEE 102 CHENNAULT AVE TR 4299 Lot 17 562-153-19 $647.001 CLARK JASON 614 N OXFORD AVE TR 4299 Lot 11 562-153-20 $647.001 JENSEN LAUREN 651 N OXFORD AVE TR 4299 Lot 10 562-153-21 $647.001 TILLEY SHARRON F TRUSTEE 671 N OXFORD AVE TR 4299 Lot 9 562-153-22 $647.001 SHARMA VISHAL & SHILPA 691 N OXFORD AVE TR 4299 Lot 8 562-153-23 $647.001 BROBST JAMES H & M ARLENE TRUSTEES 711 N OXFORD AVE TR 4299 Lot 7 562-153-24 $647.001 GILL SHERAZ 731 N OXFORD AVE Por of Lot 6 Clovis Colony 562-161-01 $647.001 GANDY ANN TRUSTEE 610 N CHERRY LN TR 4299 Lot 37 562-161-02 $647.001 HEMMAN RONALD D & STEPHANIE J 620 N CHERRY LN TR 4299 Lot 38 562-161-03 $647.001 IBRAHIMI HARIS & MALALAI ZOLTANI 630 N CHERRY LN TR 4299 Lot 39 562-161-04 $647.001 GATES GINGER G 57 BIRCH AVE TR 4299 Lot 36 562-161-05 $647.001 O HARA MICHAEL & CYNTHIA 55 BIRCH AVE TR 4299 Lot 35 562-161-06 $647.001 DER HAROUTUNIAN VASKEN & LINA TRS 51 BIRCH AVE TR 4299 Lot 34 562-161-07 $647.001 YANG YIA 47 BIRCH AVE TR 4299 Lot 33 562-161-08 $647.001 HAMILTON BRENDA S 37 BIRCH AVE TR 4299 Lot 32 562-162-01 $647.001 TSAO DEREK & MONICA DU 94 BIRCH AVE TR 4299 Lot 23 562-162-02 $647.001 KHAN SAMIA 84 BIRCH AVE TR 4299 Lot 24 562-162-03 $647.001 CARUSO HILDA M 74 BIRCH AVE TR 4299 Lot 25 1N\$Proj\Clovis\FY 22-23\Balckhorse BAD\Foxpro\Blkhrs22223roll.pdf C - 473
AGENDA ITEM NO. 22.

CITY OF CLOVIS
ASSESSMENT DISTRICT NO. 1995-1
(Blackhorse Estates)
Assessment Roll
Fiscal Year 2022-23
Benefit Area
Assessor's
Parcel
Number
Assessment
Amount
Benefit
Area
Property
Owner
Property
Address
1 Tract
and Lot
562-162-04 $647.001 BRONSON JAMES C & MICHELLE L 64 BIRCH AVE TR 4299 Lot 26 562-162-05 $647.001 HARDIN TAYLOR J & TETYANA S 54 BIRCH AVE TR 4299 Lot 27 562-162-06 $647.001 WEBER DAVID & MICHELLE 44 BIRCH AVE TR 4299 Lot 28 562-162-07 $647.001 THACKER BARBARA J TRUSTEE 34 BIRCH AVE TR 4299 Lot 29 562-162-08 $647.001 DOUGHERTY STEPHEN P & MONICA 24 BIRCH AVE TR 4299 Lot 30 562-162-09 $647.001 ROSENTHAL STEVE ANDREW 14 BIRCH AVE TR 4299 Lot 31 562-180-45 $647.001 GOTTLIEB DAVID ANDREW & VIRGINIA TRS 741 N OXFORD AVE TR 4668 Lot 18 45 $29,1 1 5.00TOTAL:
2N\$Proj\Clovis\FY 22-23\Balckhorse BAD\Foxpro\Blkhrs22223roll.pdf C - 474
AGENDA ITEM NO. 22.

CITY OF CLOVIS
ASSESSMENT DISTRICT NO. 1995-1
(Blackhorse Estates)
Assessment Roll
Fiscal Year 2022-23
Benefit Area
Assessor's
Parcel
Number
Assessment
Amount
Benefit
Area
Property
Owner
Property
Address
2 Tract
and Lot
562-153-25 $590.002 KUHL MICHAEL B 732 N HARVARD AVE TR 4661 Lot 28 562-153-26 $590.002 KEMP TIMOTHY F & SAUNDRA D 722 N HARVARD AVE TR 4661 Lot 27 562-153-27 $590.002 KONSTANZER KEVIN C & PAMELA S TRUSTEES 712 N HARVARD AVE TR 4661 Lot 26 562-153-28 $590.002 WEAVER JAMES & LISA TRUSTEES 692 N HARVARD AVE TR 4661 Lot 25 562-153-29 $590.002 PORTFOLIO MANAGEMENT SERVICES LLC 672 N HARVARD AVE TR 4661 Lot 24 562-153-30 $590.002 MAKEL JOHN T & RAQUEL 204 BIRCH AVE TR 4661 Lot 23 562-153-31 $590.002 HIRATA RYEN J & ERICA R JOHNSON TRS 214 BIRCH AVE TR 4661 Lot 22 562-153-32 $590.002 TURNBULL BRENT L & PATRICIA K TRS 234 BIRCH AVE TR 4661 Lot 21 562-153-33 $590.002 TRIFFON GARRETT 264 BIRCH AVE TR 4661 Lot 20 562-153-34 $590.002 AYDINYAN ARA 284 BIRCH AVE TR 4661 Lot 19 562-153-35 $590.002 ORTIZ KIRA 647 N DARTMOUTH AVE TR 4661 Lot 18 562-153-36 $590.002 L RODRIGUEZ R & T 667 N DARTMOUTH AVE TR 4661 Lot 17 562-153-37 $590.002 BICKEL BRUCE D TRUSTEE 687 N DARTMOUTH AVE TR 4661 Lot 16 562-153-38 $590.002 HOLGUIN GIL & KIM A 707 N DARTMOUTH AVE TR 4661 Lot 15 562-153-39 $590.002 MARTIN DARRELL B TRUSTEE 717 N DARTMOUTH AVE TR 4661 Lot 14 562-153-40 $590.002 ANALLA BRYAN G & MOLLY BLISS 727 N DARTMOUTH AVE TR 4661 Lot 13 562-153-41 $590.002 GUISTO NANCY A 737 N DARTMOUTH AVE TR 4661 Lot 12 562-155-01 $590.002 GATTIE BRADLEY H & KIRSTEN ANN TRS 673 N HARVARD AVE TR 4661 Lot 29 562-155-02 $590.002 GRAY LAURIE J & RANDALL M 676 N DARTMOUTH AVE TR 4661 Lot 30 562-155-03 $590.002 BREWER ADRIANNE M PETRUTIS & SCOTT M 696 N DARTMOUTH AVE TR 4661 Lot 31 562-155-04 $590.002 SLICK LEON H & SANDRA K 716 N DARTMOUTH AVE TR 4661 Lot 32 562-155-05 $590.002 HUDSON KIMBERLY SUE 726 N DARTMOUTH AVE TR 4661 Lot 33 562-155-06 $590.002 LEACH RONALD P & TRACY A 736 N DARTMOUTH AVE TR 4661 Lot 34 562-180-01 $590.002 KAHAL AMANDEEP 149 OAK AVE TR 4668 Lot 1 562-180-02 $590.002 MAINOCK RALPH H TRS 129 OAK AVE TR 4668 Lot 2 562-180-03 $590.002 ALCONCHER RONALD B & ANNA C TRS 99 OAK AVE TR 4668 Lot 3 562-180-04 $590.002 LOYD WILLIAM D & CYNTHIA L 89 OAK AVE TR 4668 Lot 4 562-180-05 $590.002 WALTER LOGAN PATRICK 69 OAK AVE TR 4668 Lot 5 562-180-06 $590.002 NOEL MIKE & TIFFANY 49 OAK AVE TR 4668 Lot 6 562-180-07 $590.002 DINATA VERONICA M & ANTONIUS J TRS 790 N CHERRY LN TR 4668 Lot 7 562-180-08 $590.002 THOMPSON CRAIG 780 N CHERRY LN TR 4668 Lot 8 562-180-09 $590.002 RATZLAFF CHRISTOPHER 770 N CHERRY LN TR 4668 Lot 9 562-180-10 $590.002 SILVA ANNA 760 N CHERRY LN TR 4668 Lot 10 562-180-11 $590.002 KATEIAN JANICE L TRS 750 N CHERRY LN TR 4668 Lot 11 562-180-12 $590.002 WESSON SANDRA C TRUSTEE 26 MINARETS AVE TR 4668 Lot 12 562-180-13 $590.002 LALLY GREGORY W & GRACE K TRUSTEES 46 MINARETS AVE TR 4668 Lot 13 562-180-14 $590.002 KEITH DIANA 66 MINARETS AVE TR 4668 Lot 14 562-180-15 $590.002 STONECIPHER KAREN TRUSTEE 86 MINARETS AVE TR 4668 Lot 15 3N\$Proj\Clovis\FY 22-23\Balckhorse BAD\Foxpro\Blkhrs22223roll.pdf C - 475
AGENDA ITEM NO. 22.

CITY OF CLOVIS
ASSESSMENT DISTRICT NO. 1995-1
(Blackhorse Estates)
Assessment Roll
Fiscal Year 2022-23
Benefit Area
Assessor's
Parcel
Number
Assessment
Amount
Benefit
Area
Property
Owner
Property
Address
2 Tract
and Lot
562-180-19 $590.002 HOLTERMANN DARRIN PAUL & JENNIFER LEE 742 N HARVARD AVE TR 4668 Lot 19 562-180-20 $590.002 KARST DENNIS S & KATHERINE TRUSTEES 693 N HARVARD AVE TR 4668 Lot 20 562-180-21 $590.002 REY STEVEN F & JULIE L TRUSTEES 713 N HARVARD AVE TR 4668 Lot 21 562-180-22 $590.002 RAMOS STEPHEN A & JACQUELINE R 723 N HARVARD AVE TR 4668 Lot 22 562-180-23 $590.002 CAMPOS LILIA & ALEJANDRO 733 N HARVARD AVE TR 4668 Lot 23 562-180-24 $590.002 DU BOIS DIANE D 743 N HARVARD AVE TR 4668 Lot 24 562-180-25 $590.002 MORRIS ROGER GARY & ZENAIDA MAPANAO TRS 753 N HARVARD AVE TR 4668 Lot 25 562-180-26 $590.002 KERN ANDREW C & NATALIE A TRS 197 MINARETS AVE TR 4668 Lot 26 562-180-27 $590.002 MORROW JOELENE ANN 187 MINARETS AVE TR 4668 Lot 27 562-180-28 $590.002 STANLEY MATTHEW 177 MINARETS AVE TR 4668 Lot 28 562-180-29 $590.002 CINO JOHN C 157 MINARETS AVE TR 4668 Lot 29 562-180-30 $590.002 DELCAMPO JANELLE MARIE 137 MINARETS AVE TR 4668 Lot 30 562-180-31 $590.002 OPIE SARA JOAN TRUSTEE 117 MINARETS AVE TR 4668 Lot 31 562-180-32 $590.002 RALEY EVELYN 97 MINARETS AVE TR 4668 Lot 32 562-180-33 $590.002 SCHARF DONALD R & DOROTHY D SPENCER TRS 77 MINARETS AVE TR 4668 Lot 33 562-180-34 $590.002 BESTON LAURENCE O & MARYBETH TRS 57 MINARETS AVE TR 4668 Lot 34 562-180-35 $590.002 DUCAR FRANK LEROY & GINNIE ILENE TRS 58 OAK AVE TR 4668 Lot 35 562-180-36 $590.002 HOFER FERDINAND & ANTJE TRUSTEES 78 OAK AVE TR 4668 Lot 36 562-180-37 $590.002 JACKSON LEANNE RAE TRUSTEE 98 OAK AVE TR 4668 Lot 37 562-180-38 $590.002 BELLOW CHERYL 118 OAK AVE TR 4668 Lot 38 562-180-39 $590.002 DANSBY PAUL 138 OAK AVE TR 4668 Lot 39 562-180-40 $590.002 CENTRAL PACIFIC INVESTMENT CORPORATION 158 OAK AVE TR 4668 Lot 40 562-180-41 $590.002 KRUEGER TIMOTHY K 178 OAK AVE TR 4668 Lot 41 562-180-42 $590.002 HULL HARLAN & ROBIN 188 OAK AVE TR 4668 Lot 42 562-180-43 $590.002 DEWEY CARL C 198 OAK AVE TR 4668 Lot 43 562-180-44 $590.002 HAMES KENT L TRUSTEE 106 MINARETS AVE TR 4668 Lots 16 & 17 562-180-46 $590.002 MANALANSAN EDUARDO L & ROSEMARIE M 179 OAK AVE TR 4661 Lot 1 562-180-47 $590.002 AULT PHILIP H & COLLEEN K 189 OAK AVE TR 4661 Lot 2 562-180-48 $590.002 HAUS SPENCER N & CATHLEEN J 219 OAK AVE TR 4661 Lot 3 562-180-49 $590.002 BREWER RANDALL C & CHERI L TRUSTEES 249 OAK AVE TR 4661 Lot 4 562-180-50 $590.002 ENG MICHAEL S & PEARL K MA TRUSTEES 269 OAK AVE TR 4661 Lot 5 562-180-51 $590.002 KUYPER JASON J 797 N DARTMOUTH AVE TR 4661 Lot 6 562-180-52 $590.002 LOPEZ EMILIO & CRISTINA 787 N DARTMOUTH AVE TR 4661 Lot 7 562-180-53 $590.002 BESECKER RICHARD A & MARCIE E TRS 777 N DARTMOUTH AVE TR 4661 Lot 8 562-180-54 $590.002 WILLIAMS RICHARD E & LOLA T TRS 767 N DARTMOUTH AVE TR 4661 Lot 9 562-180-55 $590.002 STUEBNER KRIS & PRISCILLA 757 N DARTMOUTH AVE TR 4661 Lot 10 562-180-56 $590.002 CRUZ RAMIRO 747 N DARTMOUTH AVE TR 4661 Lot 11 562-180-57 $590.002 HOODE SUMANGALI 746 N DARTMOUTH AVE TR 4661 Lot 35 4N\$Proj\Clovis\FY 22-23\Balckhorse BAD\Foxpro\Blkhrs22223roll.pdf C - 476
AGENDA ITEM NO. 22.

TO: Mayor and City Council
FROM: Planning and Development Services
DATE: July 5, 2022
SUBJECT: Consider Introduction – Ord. 22-___, R2008-007A3, A request to amend the Loma Vista Community Centers North and South Master Plan to remove the planned local street identified as Marengo Avenue within Planning Area 1 and Planning Area 2 and to adjust the u nderlying R-3 Zone District to reflect the modified circulation layout. AP Multifamily, LP, property owner; Wathen Castanos Homes, applicant; Precision Civil Engineering, representative. (Continued from the June 20 , 2022 council meeting.)
Staff: Dave Merchen, City Planner
Recommendation: Approve
ATTACHMENTS: 1. Draft Ordinance 22-___

2. Master Plan Location and Planning Areas Map

CONFLICT OF INTEREST
None.

RECOMMENDATION
Staff and the Planning Commission recommend that the City Council introduce an ordinance approving amendments to the Loma Vista Community Centers North and South Master Plan.

EXECUTIVE SUMMARY
Wathen Castanos Homes (applicant) is requesting an amendment to the Loma Vista Community Centers North and South Master Plan (Master Plan) to eliminate a 700-foot-long section of a planned local street and to extend the existing R-3 Zone District to reflect the modified circulation layout (see Figure 1). The amendment is intended to prepare the subject parcel for a future residential project on the site, which is curren tly bisected by the planned street alignment.

Amendments to the Master Plan are accomplished through the rezoning process. The Planning Commission considered this project at its May 26, 2022, meeting at which time the Commission voted to recommended approval 3-0-2, with Commissioner Bedstead and Chair Hinkle absent.

478
AGENDA ITEM NO. 23.

FIGURE 1 – PROJECT LOCATION

BACKGROUND
 General Plan Designation: H (High Density Residential) & MU-V (Mixed Use Village)
 Existing Zoning: R-3 and C-3
 Lot Size: 12.4 (approximately)
 Current Land Use: Vacant
 Adjacent Planned Land Uses:
o North: Park (Public Facilities)
o South: Mixed Use Village (Planned Commercial Center)
o East: Mixed Use Village (Planned Commercial Center)
o West: High Density Residential
 Previous Entitlements: No previous entitlements on the subject property 479
AGENDA ITEM NO. 23.

PROPOSAL AND ANALYSIS
The project proposes amendments to the Loma Vista Community Centers North and South Master Plan that would modify the circulation layout to eliminate a 700-foot-long section of a planned loca l street alignment (Marengo Avenue). The proposed amendments would also extend the existing R -3 (Medium Density Multifamily Residential) Zone District on the site to encompass the area where the street was planned. A narrow sliver of C-3 (Commercial-Central Trading) zoning would also be changed to R-3 to accommodate a future residential project. After evaluating multiple designs, the applicant has determined that the proposed changes are necessary to allow a feasible residential project to move forward. The proposed changes are consistent with the General Plan and Loma Vista Specific Plan and, therefore, a general plan amendment is not required for this project.

Loma Vista Community Centers North and South Master Plan (Master Plan)

The Loma Vista Community Centers North and South Master Plan was adopted by the City Council through a rezoning approval in April of 2009. The Master Plan covers most of the area between Leonard Avenue on the east, DeWolf Avenue and the Jefferson Canal on the west, and Barstow and Gettysburg Avenues on the north and south (See Attachment 2). Properties north of Shaw Avenue are within Community Center North , and properties south of Shaw are within Community Center South. The Master Plan includes various design elements for the nearly 275 acre area including public open space, circulation, landscaping, architecture, housing products, and land use development standards. Land uses include high and very high residential densities, mixed use community center uses, co mmercial, and public facilities. The overall maximum residential density of the Master Plan is approximately 15 dwelling units per acre.

The Community Centers North and South are envisioned to be dynamic pedestrian -oriented districts with a complimentary mix of uses. The design and orientation of development will focus 480
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on pedestrians, with amenities such as outdoor dining, public art, and enhanced sidewalks. Key features include ample open spaces such as community parks, pocket parks, plazas and paseos. Streets will be calmed to allow for convenient and safe pedestrian linkages. Community Center North, where the subject property sits, includes a designated mixed -use “Main Street” along the Sanders Avenue alignment. Internal trails will combine with the Jeff erson Trail open space corridor to provide pedestrian linkages throughout. The Community Centers will be connected by a vehicular and pedestrian underpass at Shaw Avenue.

The proposed amendments are intended to support the development of a higher density residential project (up to 25 units per acre) consistent with the intent of the Master Plan, while retaining its key design features. Brief highlights of these features and their relationship to the proposed project are outlined as follows:

 Street Circula tion: The street layout and design in the Master Plan are unique to its boundaries and are intended to enhance connectivity for pedestrians, bicycles, and cars alike. Marengo Avenue, a portion of which would be eliminated by the amendments, is identified as an “urban street” with a right-of-way of 60’. This type of local street is primarily intended to provide direct access to the properties along its alignment. It is not intended to gather traffic from adjacent streets like a collector or arterial street. If it is eliminated, greater emphasis would be placed on the Sander’s Avenue “Main Street”. Engineering staff has reviewed this change and found that no substantive impacts would occur from a traffic movement or congestion perspective.

 Main Street: A designated mixed-use “Main Street” along the Sanders Avenue alignment is envisioned, containing residential, retail, restaurants, and office space. Land uses will be integrated physically and functionally, by placing complementary uses adjacent to each other o r above and below each other vertically. A portion of the Sanders -Main Street alignment sits along the eastern one-third of the subject parcel and will not be disrupted by the proposed Maser Plan amendments. While a narrow sliver of C -3 commercial zoning would be replaced by R-3 residential zoning, this change would help accommodate a higher density residential project which is also envisioned as part of the Main Street environment.

 Main Street Undercrossing of Shaw Avenue: The north end of Sanders-Main Street will be connected to the south end by a grade -separated crossing under Shaw Avenue. Vehicles traveling on Shaw will not be able to able to turn directly onto Sanders-Main Street because Sanders will be below grade at the intersection. Therefore, drive rs will make use of a frontage road and the streets on either side of Sanders, including Marengo Avenue, to access Main Street. The portion of Marengo necessary to make this connection is not affected by the proposed amendments and will be retained to ensu re the functionality of the Sanders-Main Street undercrossing.

 Trails: Trail alignments are planned along the Sanders -Main Street alignment, connecting the park space at the north end of the Master Plan with the Loma Vista Market Place just south of Shaw Avenue and the Loma Vista Village Green beyond. No trail alignments will be affected by the elimination of Marengo Avenue.

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 Gateways: Six enhanced community gateways are featured within the Master Plan at intersections along DeWolf and Leonard Avenues. Ga teways are characterized by intensified landscape and hardscape treatment at a comfortable pedestrian scale. These unique entrances are intended to establish a sense of place and arrival. The subject property does not have frontage along DeWolf or Leonard Avenues and no gateway locations will be affected by the elimination of Marengo Avenue.

 Residential Development Standards : Design and development standards for both single and multi -family development are included in the Master Plan, and the City’s adopte d residential objective standards will continue to apply. The project does not propose changes to any development standards.

Amendments to the Master Plan

The Master Plan adopted by the Council in 2009 establishes provisions for subsequent amendments, including minor amendments, which can be approved administratively by staff, and major amendments, which require approval through the rezoning process. The amendments contemplated through the project currently under consideration fall under the major amendment category. In the staff analysis included with the original adoption of the Master Plan, staff noted “that as the project moves through development, there are going to be details that will require changes to the Master Plan Document.” Thus far, at least five major amendments have been approved to facilitate development within the Master Plan boundaries, as summarized below.

The Master Plan amendments currently under consideration are similar in nature and scale to the previously approved amendments.

 In 2015, an application by Wilson Development was approved to modify the Master Plan by adding nearly 2 acres to Community Center North, modifying the trail standards to accommodate a 26’ wide paseo, modifying the street section to allow for back -on development on San Jose Avenue, allowing and establishing standards for private street sections specific to Planning Area 3, and modifying development standards for single family residential lots within Planning Area 3.

 In 2017, an application by Westgate Construc tion was approved to amend the development standards of Planning Area 4 to allow drive-up and drive-through restaurants for approximately 16 acres of property on the north side of Shaw Avenue, between De Wolf and Leonard Avenues.

 In 2017, an application by Wilson Development was approved to amend the Master Plan to modify the Circulation Plan and Planning Areas #7, #8 and #9, and create two new Planning Areas within the Loma Vista Community Center South with accompanying reclassifications to the R-3 and R-4 zone Districts.

 In 2017, an application initiated by the City of Clovis was approved to amend the circulation features of the Master Plan south of Shaw Avenue to eliminate curvilinear streets in favor of a conventional rectangular grid.
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 In 2018, an application by Wilson Development was approved to amend the Master Plan to modify the development standards (setbacks/parking) of Planning #8A.

Review and Comments from Agencies

The project was distributed to all City Divisions as well as outside agencies, including Cal Trans, Clovis Unified School District, Fresno Irrigation District, Fresno Metropolitan Flood Control District, AT&T, PG&E, San Joaquin Valley Air Pollution Control District, and the State Department of Fish and Wildlife. No comments were received relative to the proposed amendments to the Master Plan.

Public Comments

No public comments or inquiries have been received regarding this Project as of the publication of the staff report.

Public notice of this project was published in The Business Journal on June 8, 2022.

Planning Commission Consideration

The Planning Commission considered the proposed project at its May 26, 2022, meeting at which time the Commission recommended approval 3 -0-2, with Commissioner Bedstead and Chair Hinkle absent. No public testimony was offered, and the Commission did not have any questions relative to the project.

California Environmental Quality Act (CEQA)

The City has determined that no additional environmental review is required for this Project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183. CEQA Guidelines Section 15183 mandates that projects with the develop ment density established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.

The proposed amendments to the Master Plan have been determined to be consistent with the Loma Vista Specific Plan and the Environmental Impact Report (EIR) certified for the Loma Vista Specific Plan in February 2003. No changes to the Specific Plan are required. The EIR accounted for approximately 1,375,407 square feet of commercial development and more than 3,000 dwelling units within the community centers of the Loma Vi sta Urban Center. The minor changes proposed in conjunction with the Project would not result in changes to the conclusions reached in the EIR, and no impacts peculiar to the Project have been identified.

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REASON FOR RECOMMENDATION
The proposed amendments to the Loma Vista Community Centers North and South Master Plan will facilitate the development of a residential project consistent with the intent of the Master Plan. The Project is consistent with the General Plan and Loma Vista Specific Plan. Key design features of the Master Plan will be retained with the proposed amendments, allowing a future project to move forward in conformance with the adopted design and development criteria. No negative effects have been identified as resulting from the proposal.

ACTIONS FOLLOWING APPROVAL
If the proposed Master Plan amendments are approved, the applicant intends to proceed with developing final project design documents based on the configuration of the parcel without Marengo Avenue.

Prepared by: Dave Merchen, City Planner

Reviewed by: City Manager JH
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Attachment 1

ORDINANCE 22-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING AND

CHANGING THE OFFICIAL ZONE MAP OF THE CITY OF CLOVIS IN ACCORDANCE WITH SECTION 9.08.020 AND 9.86.010 OF THE CLOVIS MUNICIPAL CODE TO AMEND

THE LOMA VISTA COMMUNITY CENTERS NORTH AND SOUTH MASTER PLAN TO

MODIFY THE STREET LAYOUT AND ZONE DISTRICT BOUNDARIES IN PLANNING AREAS 1 AND 2 AND FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15183 OF THE CEQA GUIDELINES

LEGAL DESCRIPTION:

See Attachment A.

WHEREAS, Wathen Castanos Homes has submitted an application (R2008 -07A3) to amend the Loma Vista Community Centers North and South Master Plan (Master Plan) to remove the planned local street identified as Marengo Avenue within Planning Area 1 and Planning Area 2 and to adjust the underlying R-3 (Medium Density-Multifamily Residential) Zone District to reflect the modified circulation layout; and

WHEREAS, the proposed amendments to the Master Plan will facilitate development as envisioned within the Master Plan by preparing the site for a future residential development project; and

WHEREAS, the Planning Commission held a duly noticed hearing on May 26, 2022, to consider the project, at which time interested persons were given the opportunity to comment on the project; and

WHEREAS, the Planning Commission voted and recommended that the City Council approve Rezone R2008-007A3; and

WHEREAS, the Planning Commission’s recommendations were forwarded to the City Council for consideration; and

WHEREAS, the City published notice of the public hearing in the Fresno Business Journal on June 8, 2022, mailed public notices to property owners within 600 feet of the Property ten (10) days prior to the City Council hearing, and otherwise posted notice of the pub lic hearing according to applicable law; and

WHEREAS, the City Council considered the CEQA analysis outlined in the staff report and elsewhere in the Administrative Record which determine d that no additional environmental review is required for this Proje ct pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183; and

WHEREAS, a duly noticed hearing was held on July 5, 2022; and

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WHEREAS, the City Council has had an opportunity to review and consider the entire Administrative Record relating to the Project, which is on file with the Department, and reviewed and considered those portions of the Administrative Record determined to be necessary to make an inf ormed decision, including, but not necessarily limited to, the staff report, the written materials submitted with the request, and the verbal and written testimony and other evidence presented during the public hearing.

NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE CITY COUNCIL FINDS AS FOLLOWS:

1. The proposed Project is consistent with the goals, policies, and actions of the General Plan and the Loma Vista Specific Plan.

2. The proposed Project would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

3. The Property is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested amendments.

4. The City Council finds that no additional environmental review is required for the Project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183.

5. The basis for the findings is detailed in the July 5, 2022 staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as the evidence and comments presented during the public hearing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLOVIS DOES ORDAIN AS FOLLOWS:

Section 1 The Official Map of the City is amended in accordance with Section 9.08.020 and Chapter 9.86 of the Clovis Municipal Code by rezoning certain land in the City of Clovis, County of Fresno, State of California, to wit:

LEGAL DESCRIPTION:

See Attachment A.

From the C-3 (Central Trading) and Unclassified Zone Districts to the R-3 (Medium Density- Multiple Family) Zone District.

Section 2 This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.

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APPROVED: July 5, 2022

___________________________________ __________________________________ Mayor City Clerk

* * * * * * * * * *

The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on July 5, 2022, and was adopted at a regular meeting of said Council held on July 18, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED: July 18, 2022

________________________________
City Clerk

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ATTACHMENT A

LEGAL DESCRIPTION

The land referred to herein is situated in the City of Clovis, County of Fresno, State of California and described as follows:

That portion of Parcel 4 of Parcel Map No. 3033 per the Parcel Map recorded May 20, 1976 in Book 20 of Parcel Maps, at Page 52, Fresno County Records, more particularly described as follows:

Commencing at the Northwest corner of said Parcel 4;
Thence along the North line of said Parcel 4, North 89°44’05” East for a distance of 300.00 feet to the True Point of Beginning;
Thence continuing along the North line of said Parcel 4, North 89°44’05” East for a distance of 160.00 feet;
Thence leaving the North line of said Parcel 4, South 00°27’59” East for a distance of 661.10 feet to the North line of Parcel 3 of said Parcel Map;
Thence along the North line of Parcel 2 and Parcel 3 of said Parcel Map, South 89°42’56” West for a distance of 160.00 feet;
Thence leaving the North line of said Parcel 2, North 00°27’59” West for a distance of 661.25 feet to the True Point of Beginning.

Containing an approximate area of 2.43 acres, more or less.

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Loma Vista Community Centers North and South Master Plan Location & Planning Areas
ATTACHMENT 2
Attachment 2
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AGENDA ITEM NO. 23.

TO: Mayor and City Council
FROM: Finance Department
DATE: July 5, 2022
SUBJECT: Receive and File - 2020-21 Single Audit and Independent Auditors’ Reports.

Staff: Jay Schengel, Finance Director / Andrew Haussler, Assistant City Manager
Recommendation: Receive and File
ATTACHMENTS: 1. 2020-21 Single Audit and Independent Auditors’ Reports

CONFLICT OF INTEREST
None.

RECOMMENDATION
That the Council receive and file the 2020-21 Single Audit and Independent Auditor’s Reports.

EXECUTIVE SUMMARY
The City of Clovis' annual comprehensive financial report (ACFR) was audited and received an unqualified opinion from The Pun Group LLP, a firm of independent, licensed certified public accountants, which means the financial statements for the fiscal year ending June 30, 2021, are free of material misstatement and are fairly presented in conformity with Generally Accepted Accounting Principles (GAAP).

The City normally publishes the annual Single Audit as part of the annual ACFR annually in December but was unable to do so due to the lack of published auditing standards related to the Coronavirus State and Local Fiscal Recovery Funds.

The Single Audit did identify one “finding” for the Community Development Block Grant Program.

The “finding” was administrative and not financial in nature and the issue has been corrected by staff.

BACKGROUND
The Annual Comprehensive Financial Report (ACFR) is normally presented in three sections:

Introductory, Financial, and Single Audit. In December 2021, the Introductory and Financial 490
AGENDA ITEM NO. 24.

Sections of the ACFR were presented. The City is required to undergo an annual single audit in conformity with the provisions of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). The Uniform Guidance was not updated until January 2022 causing a delay in the issuance of the Single Audit Section.

Information related to the single audit is included the auditor’s Single Audit and Independent Auditors’ Reports, including the schedule of federal financial assistance and the auditors’ reports on the internal control structure and compliance with applicable laws and regulations.

The Single Audit did identify one “finding” for the Community Development Block Grant Program (Page 8 of the Single Audit). The “finding” was administrative and not a financial issue. Th e issue related to the lack of documentation being in project files. This occurred due to City policy not being followed and has since been addressed.

FISCAL IMPACT
This information provided related to the Single Audit affirms that the City's financial activity is accounted for in accordance with Generally Accepted Accounting Principles (GAAP).

REASON FOR RECOMMENDATION
The Single Audit and Independent Auditors’ Reports are formally being submitted to the Council.

ACTIONS FOLLOWING APPROVAL
After receipt by the Council, the Single Audit will be distributed to interested parties, and copies will be made available for public review.

Prepared by: Jay Schengel, Finance Director

Reviewed by: City Manager JH

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AGENDA ITEM NO. 24.

City of Clovis
Clovis, California
Single Audit
and Independent Auditors’ Reports
For the Year Ended June 30, 2021
Attachment 1
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AGENDA ITEM NO. 24.
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AGENDA ITEM NO. 24.

City of Clovis
Single Audit Reports
For the Year Ended June 30, 2021
Table of Contents
Page
Independ
ent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards......................................................................... 1 Independent Auditors’ Report on Compliance for Each Major Federal Program and on Internal Control Over Compliance Required by the Uniform Guidance, and on Schedule of Expenditures of Federal Awards ............................................................................................ 3 Schedule of Expenditures of Federal Awards ................................................................................................................. 5 Notes to the Schedule of Expenditures of Federal Awards ............................................................................................. 6 Schedule of Findings and Questioned Costs .................................................................................................................. 7 494
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REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND

OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN

ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS

Independent Auditors’ Report

To the Honorable Mayor and Members of City Council
of the City of Clovis
Clovis, California

We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, business-type activities, each major fund, and the aggregate remaining fund information of the City of Clovis, California (the “City”) as of and for the year ended June 30, 2021, and the related notes to the basic financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated November 15, 2021.

Internal Control Over Financial Reporting

In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit pr ocedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or\ employees, in the normal course of performing thei r assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combinatio n of deficiencies, in internal control, such that there is a reasonable possibility that a ma terial misstatement of the ent ity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe t han a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies.

Given these limitations, during our audit we did not identify any deficiencies in inte rnal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

Compliance and Other Matters

As part of obtaining reasonable assurance about whether the Ci ty’s basic financial statements are free from material misstatement, we performed tests of its compliance with cert ain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a dire ct and material effect on the determination of financial statement. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The result s of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 4365 Executive Drive, Suite 710, San Diego, California 92122 Tel:
858-242-5100 • Fax: 858-242-5150
www.pungroup.c
pa
3939352 Pun & McGeady_L_final.pdf 2 1/14/14 3:48 PM 496
AGENDA ITEM NO. 24.

To the Honorable Mayor and Members of City Council
of the City of Clovis
Clovis, California

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Clovis City CouncilJuly 5, 2022

Clovis City Council
July 5, 2022